The below Terms and Conditions ("Terms" or “Terms and Conditions”), form the legally binding agreement between you and us in relation to your use of our services and website top5-vpn.com ("Website" or "Services"). Thus, it is important that you take the time to read them carefully.
The Website provides you with comprehensive information, comparison tables and resources about the various services and product you are interested in (“Service”). We provide you with applicable information and comparison charts, including without limitations User Generated Content (as defined below), Third Party Websites or Links (as defined below) as well as articles, blogs and opinions provided either by us, you, other users or third party contractors, including any text, logos, button icons, images, data compilations, code, designs, links, data, graphics and other features, etc. provided therein and collectively defined hereinafter as the “Content”). The Website and Services are owned and developed by solely us.
PLEASE READ CAREFULLY: THE CONTENT, WEBSITE AND SERVICES AND ANY PART OR FEATURE THEREOF ARE PROVIDED "AS IS". WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND SERVICES. YOUR USE OF THE WEBSITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE AND SERVICES ARE RESERVED BY US. WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED ON THE SITE NOR DO WE ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS AND CONTENT.
You may not post or submit (including in the User Generated Content) any proprietary information of another party which is protected under copyright or trademark laws. We will respond to any notice we receive alleging an infringement of the copyright or trademark rights of a third party by investigating the allegation and removing the alleged infringing content should we determine that an infringement has occurred. If you believe your rights have been infringed by any posted comment, Content or User Generated Content on the Website, please contact us at: firstname.lastname@example.org, or through our Contact Us form, located in the footer at the bottom of every page of the website, and we will investigate the matter immediately. You acknowledge that the Website is for informational and editorial purposes only and may contain Content that you deem or find objectionable. We make best efforts to actively monitor the Website and any Content (including User Generated Content) that is submitted or viewed on the Website. We do not endorse or support any Content which is submitted to the Website (either by you, us, third party content providers or other users). You represent and warrant that you have all the rights, power and authority necessary to submit your content to the Website. We do, however, reserve the right to review or remove any User Generated Content submitted to the Website by you or other users at our sole discretion.
The Website, Service and Content will include links to websites and services operated by third parties (“Third Party Websites”) as well as reviews and commentary on Third Party Websites. Such links may be posted by us, you, other users, Google AdSense or other parties. We have no control over any Third Party Websites that may be linked from the Website. We are not liable for any losses or damages you may incur by navigating to any Third Party Websites which may be linked from the Website. We may earn commissions through affiliate programs operated by Third Party Websites. Our membership in any affiliate program operated by Third Party Websites is not an endorsement of any such Third Party Websites.
The ranking and rating available on the Website, including the Content as defined above, are a combination of user experience recommendations, views, ratings and comments as well as our own ranking and rating algorithms. In order to provide you with this information free of charge we might generate advertising revenues from service providers featured on the Website, including the service providers that are ranked and presented in our comparison measurements. We hereby disclaim all expressed guarantees and warrants with regards to the marketability, suitability, incompleteness, applicability or relevance of the information contained herein. We make best efforts to keep the information up-to-date and accurate. This Website and the services accessible on or via this Website are provided "as is", and your use of and reliance on the information on this website and the online services are entirely at your own responsibility and risk.
To use the Website and Service, you must be over the age of thirteen (13) and in some Websites even over eighteen (18). We do not knowingly collect any information from children under the age of thirteen (13) and do not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the Website or Service.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WEBSITE THE CONTENT AND THE RATING ARE PROVIDED “AS-IS” AND YOU ARE TO USE THE WEBSITE SOLELY AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) WHICH OCCURS AS A RESULT OF YOUR USE OF THE WEBSITE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE ON THE WEBSITE IS TRUE, RELIABLE OR ACCURATE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE.
We make no warranty that reviews of Third Party Websites are factually accurate; our reviews of Third Party Websites are based on our experience with such Third Party Websites, input from other parties and other research which we may have performed. We make no warranty that you will find any Third Party Websites to be satisfactory or to provide any results which you may seek from such Third Party Websites.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR INTANGIBLE LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ANY LOST PROFITS, LOST JOBS OR CONSULTING ARRANGEMENTS WHICH YOU MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR YOUR RELIANCE ON ANY INFORMATION ON THE WEBSITE OR YOUR DEALINGS WITH ANY THIRD PARTY WEBSITE WHICH MAY BE LINKED TO OR FROM THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF WE HAVE BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES.
You agree to hold us harmless and indemnify us from and against any third-party claim arising from or in any way related to Your use of the Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
For any dispute you have with us, you agree to first contact us via the contact us form, located in the footer at the bottom of every page of the website, and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Term and Conditions to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of these Terms. These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, Southern District, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, New York Southern District, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Content, Website or Services, without notice, at any time. In addition, you hereby acknowledge that the Content or features included or provided under the Website or Services may be changed, extended in terms of functionality, content or form, or removed at any time without any notice to you or to any third party. You agree that we are and shall not be liable
Any section or provision of these Terms and Conditions that is found to be illegal, invalid or unenforceable shall be excluded from the same and shall be considered inapplicable to the extent of such illegality, invalidity or unenforceability and replaced with a clause or provision as similar as possible to such illegal or invalid clause, in accordance with the common practice in this field. The remaining provisions shall not be affected and notwithstanding such illegal, invalid or unenforceable clause or provision, shall remain fully valid and in force. Subsequent to the above sections, we disclaim any warranty of any kind and therefore shall be held harmless from all liability derived from the above points, and other issues that might not be envisaged in this document.
If you have any questions about this Policy, please contact us via our Contact Us form, located in the footer at the bottom of every page of the website, or at email@example.com.
[Last Revised: 7th August 2016]