TERMS OF USE

Welcome to Top5CarShipping.com!

These Terms of Service ("Terms") outline the terms and conditions for using our platform, website ("Site," "Website"), and apply to your access and utilization of the website and other online products and services (collectively, our "Services") provided by Top5CarShipping.com and its holding company(ies) ("Top5CarShipping," "we," "us," or "our"). By accessing or using our Services, you acknowledge and agree to these Terms. If you do not consent to these Terms, including the Dispute Resolution through Binding Arbitration waiver below, please refrain from accessing or using our Services.

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1. ACCEPTANCE OF TERMS

By engaging with our platform, you agree to abide by these Terms of Service. If you dissent from these terms, kindly refrain from using our platform.

 

2. WHO WE ARE AND HOW TO CONTACT US

Our Privacy Policy delineates the terms governing the processing of any personal information we may gather from you or that you provide to us. By using the Website, you consent to such processing and affirm that all data provided by you is accurate.

Our Cookie Policy furnishes details about the cookies employed on the Website.

 

3. DISCLAIMERS

You acknowledge that the use of the Website is at your own risk. Specifically, you understand that:

• You are accountable for adhering to applicable laws: We do not function as a car shipping service.

• Relying on content presented on the Website is discouraged: The content on the Website is for general information only, not intended as technical, financial, or legal advice.

 

4. WE MAY MAKE CHANGES TO THESE TERMS AND THIS WEBSITE

We retain the right to amend these terms, with the revised terms applying to the Website from the date of publication. Updates and modifications to the Website may occur to align with our users' needs and business priorities. Reasonable notice of significant changes will be provided.

 

5. WE MAY SUSPEND OR WITHDRAW THE WEBSITE

The Website is offered free of charge. We do not guarantee uninterrupted availability of the Website or its content. Suspension, withdrawal, or restriction of Website access may occur for business and operational reasons, with reasonable notice provided.

 

6. HOW YOU MAY USE MATERIAL ON THE WEBSITE

Utilize the Website and its contents for personal, non-commercial use only. Commercial use requires a license from us or our licensors. All intellectual property rights in the Website and published material are reserved.

 

7. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Liability is not excluded or limited unlawfully. This encompasses liability for death or personal injury due to our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.

 

8. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

Efforts are made to maintain a bug-free, error-free Website, but we cannot guarantee its virus-free status. Users are responsible for configuring their information technology to access the site, using

virus protection software, and refraining from malicious actions.

 

9. OUR AGREEMENT IS WITH YOU ONLY

Rights and obligations under these terms of use may not be transferred, assigned, or disposed of to another person or legal entity. Enforcement is restricted to parties involved in these terms.

 

10. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of our platform or violation of these Terms of Use.

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11. USER CONSENT

You may submit content to our platform where applicable, such as reviews and feedback. By submitting content, you grant us a non-exclusive, royalty-free, and perpetual license to use, display, and distribute your content.
 

12. USER DATA – CONSENT TO CONTACT

You may be required to provide materials or information (User Data) to us during your use of this Site. User Data include information submitted to us through your request for travel plans or other services offered on the site. The information collection and use practice concerning User Data is stated in our Privacy Policy incorporated in this by reference for all reasons. Please read the Privacy Policy before you submit any User Data. You acknowledge and are in agreement that you are responsible solely for the accuracy and the content of the User Data. We shall not be responsible for maintaining any User Data you provide to us, and we may destroy or delete such User Data at any time. We reserve the right to remove or refuse to post any User Data, whether in part or whole, that is unlawful, undesirable, unacceptable, or a violation of our Terms of Use. By providing us your contact information through our Site, you register to receive communications directly from us, on the website, or via a third party. We may send newsletters and other e-mails with promotions periodically. We may also contact by telephone with a pre-recorded voice message or an interactive voice response system. If you do not wish to receive these types of communication, please make contact with our support team through the contact page provided on the Site. You can also opt out through the unsubscribe link found in the email. Furthermore, when you submit a request for travel plans (or any other service we provide) through our Site, you provide consent to our network of service providers to contact you through email or phone. When your information is given to these service providers, requests to unsubscribe or opt-out of their communications should be directed to the specific service provider. Proprietary Rights the Site as well as any software used with Site contains confidential and proprietary information protected by intellectual property laws in the applicable jurisdictions. You acknowledge and are in agreement that the materials and information presented throughout the Site are protected by trademarks, copyrights, patents, services marks, or other proprietary laws and rights. You agree to not sell, modify, transmit, distribute, publicly perform, broadcast, or create a derived network based on the Site, in part or in whole except as explicitly authorized by us or permitted by law. Any commercial use of a portion or entirety of the Site by you is strictly prohibited. We grant you a non-transferable, non-exclusive, and personal license and right to use this Site on an Internet device so long as that you do not reproduce, copy, distribute, reverse engineer, or exploit any materials, content, data, or code on the Site. You agree not to make any form of modification on the site nor use any modified version of the Site. We do not grant authorization or license to any user for the use of our trademarks, trade names, service marks, or other logos of our partners without an express written agreement. Third party marks and logos are the property of the respective owners. Comments, questions, suggestions, or materials that we receive through the Site will be our sole property. We own all the rights in these materials and have unrestricted rights to publish, use, and distribute such data for any purpose, without compensation or attribution.

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13. PROHIBITED CONDUCT

You may not use our platform for any illegal or unauthorized purpose. You may not harass, abuse, or harm other users, or interfere with our platform's functionality.
 

14. INTELLECTUAL PROPERTY

All content on our platform, including text, graphics, and images, is owned by us or our partners. You may not use our content without our prior written consent.
 

15. DISCLAIMER OF WARRANTIES

We provide our platform "as is" and without warranties of any kind, including implied warranties of merchantability and fitness for a particular purpose.

The services and information on the Site are provided as it stands and is only for informational purposes. We make no warranty or representation that the Site will suit your needs, is timely, reliable, or free of inaccuracies, errors, or typographical faults. We disclaim all warranties, implied or express, including warranties of fitness or merchantability for a specific purpose or non-infringement of the right of others. We provide no warranty that this Site will be free of viruses, worms, errors, or other harmful or destructive code.

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16. LIABILITY LIMITATION

By no means shall we or any of our officers, employees, directors, affiliates, agents, or service or content providers (collectively, the Protected Entities) be held liable for any indirect, direct, incidental, special, exemplary, consequential, or punitive damages that arise from, directly or indirectly, the use or inability to use the site and services offered herewith or the materials, content, and functions related hereto including without limitation loss of revenue even if advised of the likelihood of such damage. In no event shall our total liability for losses, damages, and causes action (whether in tort, contract, including but not limited to negligence or otherwise), exceed five dollars. The limitation above may not apply to all users or jurisdictions. If you do not agree with the above-mentioned, the sole resolution is the termination of this agreement and the discontinued use of this Site.

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17. LINKS FROM THIS SITE

We may provide links to other websites only for informational purposes. We do not claim responsibility for the availability or accuracy of the information provided on websites to which you may be directed from our Site. The availability of links on our Site is not equal to endorsement or association with such sites or the products, content, advertising, or other material presented on such websites. You acknowledge and are in agreement that we are not liable or responsible, whether directly or indirectly, for any loss or damage caused by your use of any goods, services, or content on such sites.

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18. APPLICABLE LAWS

The Terms of Use constitute the entire agreement between you and Top5CarShipping.com and it’s owner(s), and govern your use of the Service, superseding any prior agreements between you and Tripgaia.com and it’s owner(s). You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Usage and the relationship between you and Tripgaia.com and it’s owner(s) shall be governed by the laws of USA without regard to its conflict of law provisions.

If any provision in the Terms of Use is held illegal, invalid, or unenforceable, the remaining provisions shall not be impaired or affected thereby in any way. Any dispute that arises from the use of this Site shall be brought in the appropriate federal or state courts of the State of Washington exclusively. Users who access the Site from a different location do so based on their own initiative and shall be responsible for complying with local laws, if and to the extent that local laws are applicable. Regardless of any law or statute to the contrary, claims or causes of actions that arise out of the related use of the Site or Terms of Use must be filed within one year after the claim or cause of action is commenced or be forever barred.

 

19. UPDATES & POLICY CHANGES

This Terms of Use is subject to change at any time and such changes shall be effective upon posting on the Site. The use of our Site following any change to the Terms of Use means that you accept such changes.

 

20. CONTACT US

If you have any questions or concerns about our Terms of Use, please contact us through the contact form provided on the footer (bottom of each page) of our website.

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Our Brand

Top5CarShipping is a trading name owned by Zekken Technologies