This Terms of Service Agreement (“Agreement”) contains our full Terms of Service and sets forth the terms and conditions for you to access the TopCashFlows.com website and related applications and services (the "Service," "Website," or "Site"). Your use of this Site constitutes your agreement to these Terms of Service and your acknowledgement and acceptance of our Privacy Policy which is incorporated herein by reference. Be sure to read the Terms of Service below, as they cover the terms and conditions that apply to your use of this Website. You may wish to print this page for reference. TopCashFlows™ LLC (“TopCashFlows”) may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service.
General Terms and Conditions
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by TopCashFlows, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, TopCashFlows™ has the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.
By using the Website, including any applets, software, and content contained therein, you agree that use of the Service is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, TopCashFlows™ DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER TopCashFlows™ NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF TOPCASHFLOWS, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
TopCashFlows™ is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Website, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. TopCashFlows™ does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.
TopCashFlows™ reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other web sites for which TopCashFlows™ assumes no responsibility of any kind for the content, availability or otherwise. (See "Links from and to this Website" below.) The content presented at this Site may vary depending upon your browser limitations.
Third Party Provided Content
Current market data including interest rates are subject to market fluctuations. Interest rates and certain other information on this Site, as well as reference materials or links to other sites, are for general informational purposes only, and are not intended to be relied upon as investment advice. Before executing any transaction based on information from this Site, you should consult with a financial professional to determine whether such transaction is appropriate for you based on your individual investment needs and to verify pricing information. Neither TopCashFlows™ nor any of its data or content providers guarantees the accuracy, completeness, or timeliness of information on this Site, and they shall not be liable for any errors or delays in the content or for any actions taken in reliance thereon. You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. TopCashFlows™ reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. You further agree that TopCashFlows™ shall not have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.
Fee-Based Service Charges
Certain features of this site are available only through the purchase of a site subscription ("Fee-Based Services").
(a) You agree to pay, using a valid credit card or debit card, the subscription charges set forth on the Site and other charges incurred on your account in order to access the Fee-Based Services.
(b) In the event TopCashFlows™ cannot charge your account, we reserve the right to continue trying to bill your account or to terminate your access to the Fee-Based Services.
(c) You may be subject to a preauthorization at the time you order your subscription. The preauthorization is not a charge to the credit card. However, the then-applicable subscription charge may be reserved against your available credit card limit. Contact your credit card issuing financial institution for details.
User Conduct on the Service
While using the Service, you may not:
1. restrict or inhibit any other user from using and enjoying the Service; or
2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by TopCashFlows) or engage in spamming or flooding; or
4. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
5. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
6. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
7. upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.
TopCashFlows™ has no obligation to monitor the Service. However, you acknowledge and agree that TopCashFlows™ has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. TopCashFlows™ will not intentionally monitor or disclose any private electronic-mail message unless required by law. TopCashFlows™ reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and nonproprietary. In addition, TopCashFlows™ is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Failure to Comply With Terms and Conditions and Termination
You acknowledge and agree that TopCashFlows™ may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that TopCashFlows™ in its sole discretion believes violate any of the terms and conditions, violate the rights of TopCashFlows, or is otherwise inappropriate for continued access.
You acknowledge and agree that TopCashFlows™ may in its sole discretion deny you access through TopCashFlows™ to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through TopCashFlows, and TopCashFlows™ shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold TopCashFlows™ and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms of Service by you or users of your account.
Fraud and Chargeback Rights
Claiming a charge as fraudulent to avoid payment for your subscription is illegal and any and all violators will be prosecuted to the fullest extent of the law. Your credit card company and the authorities will be notified.
i. Non-Fraudulent Chargebacks: Chargebacks issued for reasons TopCashFlows™ deems as non-fraudulent and that TopCashFlows™ feels you were provided with proper services and/or support will be disputed through your credit card company. It is your responsibility to notify TopCashFlows™ of any problems you are having with your service immediately. In the event that your credit card company declines chargeback reversal, TopCashFlows™ reserves the right to refer your account to a third party for collection in the event of default. You agree to pay all costs incurred in such collection and enforcement of this Agreement and in collection of any delinquent amounts due, including bank fees, reasonable attorneys' fees and any other costs.
ii. Fraudulent Chargebacks: Any chargebacks that result from fraudulent activity will be investigated. TopCashFlows™ uses Credit Card Verification (CVV2) and Address Verification (AVS) to validate your credit card. Your IP address and network host are recorded when your order is placed and when you log into any subscription-based service. This information will be used to trace the order to the person(s) that ordered the service. All information on fraudulent accounts will be turned over to the authorities to assist in locating and prosecuting any and all guilty parties. You may be subject to significant fines and/or confinement.
No Commercial Use
You agree to use the Site and Fee-Based Services only in a noncommercial manner. The TopCashFlows™ services are intended for individual or private use only. Any other use is strictly prohibited.
Copyrights and Trademarks
All materials on the Site, including without limitation text, images, software, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by TopCashFlows, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of TopCashFlows™.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of TopCashFlows, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of TopCashFlows™.
Links from and to this Website
You acknowledge and agree that TopCashFlows™ and any of its Website Co-Branding Providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by TopCashFlows™ or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
The links on this web site may take you to other sites where financial transactions are possible. You acknowledge and agree that TopCashFlows™ shall not be responsible or liable with regard to any transactions which may be conducted on such linked sites, non-TopCashFlows™ websites, and any other website which may be linked to or from the TopCashFlows™ site. You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that TopCashFlows™ shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the Service. Prior to the execution of a financial transaction, you should always consult with your financial representative.
Information in the many web pages that are linked to TopCashFlows' Website comes from a variety of sources. Some of this information may come from official TopCashFlows™ licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to TopCashFlows. TopCashFlows™ does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that TopCashFlows™ and its Website Co-branding Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
Refund Policy
Any request for a refund must be made in writing and received by the company at the address below within 90 days of purchase and also include your name, address, email address, phone number, purchase confirmation number and any related supporting documentation required to demonstrate that you implemented the principles of the TopCashFlows™ system as described above and did not realize a resulting increase in net cash flows on your income property. We recommend you retain proof of your return by obtaining a receipt from the postal service or other shipping company used to request your refund and submit any related supporting documentation. Once we have received your complete refund request, we will process your refund and either credit your credit card account or mail a refund check as quickly as possible. In some instances, it may take up to 30 days from the time we receive your complete refund request for your refund to fully process and for you to receive your credit or refund check. In the event we do not receive your complete refund request within 90 days of purchase, we reserve the right to reject any complete or incomplete refund request received by the company later than 90 days from purchase. TopCashFlows™ does not accept email as a method of requesting a refund. You must process your refund request via postal service or other qualified shipping service. Incomplete refund requests will not be honored.
Other Information
TopCashFlows™ is taking reasonable and appropriate measures to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to conduct transactions through the Service, you may be asked by the merchant or information or service provider with whom you are conducting the transaction to supply certain information, including credit card or other payment mechanism information. You agree not to hold TopCashFlows™ liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to transactions conducted through the Service.
Age Restrictions
You represent and warrant to TopCashFlows™ that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
Financial Responsibility
You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.
Indemnification
You hereby agree to indemnify, defend and hold harmless TopCashFlows™ from and against any and all liability and costs incurred by TopCashFlows™ in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. TopCashFlows™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of TopCashFlows.
Modifications
(a) To this Agreement:
TopCashFlows™ has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of TopCashFlows™ in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to discontinue your use of the Site.
(b) To the Site:
TopCashFlows™ has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. TopCashFlows™ may also impose limits on certain features and services or restrict your access to parts or all of the TopCashFlows™ Site without notice or liability.
Your Rights
TopCashFlows™ grants you a non-exclusive, non-transferable, limited right to access and use this Website and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
Testimonials Disclaimer
TopCashFlows' testimonials provide the perspective of individuals who are successful and/or enthusiastic about their experience. Testimonials are not representative of everyone’s experience and only provide information about the individual’s experiences as to the point in time when they are provided. All testimonials are authentic and accurate; however, representative photographs and images may be used to accompany such authentic testimonials. Testimonials may be edited for clarity or brevity. All claims have been documented and verified for accuracy. No one has been paid to share their stories here. Individual results will vary.
Miscellaneous
The Terms of Service and the relationship between you and TopCashFlows™ shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and TopCashFlows™ agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California.
The failure of TopCashFlows™ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
General
This Agreement constitutes the entire agreement between you and TopCashFlows™ with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and TopCashFlows. Failure by TopCashFlows™ to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. The laws of the state of California shall govern interpretation and enforcement of this agreement. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
This Agreement is between you and TopCashFlows. If you do not wish to be bound by these terms and conditions of use, you should not visit or use the TopCashFlows™ Web site. TopCashFlows™ reserves the right to change these Terms of Service from time to time at its sole discretion, without prior notice.
Visiting and/or using the TopCashFlows™ Website indicates your agreement to the terms and conditions set forth above.
