PLEASE READ CAREFULLY -- This user agreement describes how TopSleepingBags.com is made
available to you. Establishing your customer account is required before you make purchases. By establishing
your account, accessing TopSleepingBags.com or purchasing through TopSleepingBags.com, you are agreeing
to the terms and conditions below. If you do not agree to these terms and conditions, please do not utilize
the site in any way.
*On rare occasion, a supplier may unexpectedly place an order on “back order.” If that happens,
TopSleepingBags.com will contact you immediately to provide several options, including voiding the sale and
crediting your card. Your 100% satisfaction with TopSleepingBags.com is paramount.
1. 100% Lowest Price Guarantee. Top Sleeping Bags is determined to provide you the lowest prices. If
you discover a product of equal value available online for a lower price, please tell us as TopSleepingBags.
com is determined to match it to provide lowest prices, in addition to best service.
2. End Use. You agree that you are not purchasing from TopSleepingBags.com for commercial resale.
3. Age of Consent. You are above the age of 18 and are legally entitled to enter into the legally binding
agreements and contracts, will abide by these terms and conditions or any other conditions necessary to
conclude your transaction with BouderBuy.com.
4. Customer Account. You agree that the information you provide TopSleepingBags.com is accurate,
current and complete. You agree to be responsible for maintaining the accuracy and confidentiality of your
account information, including your password, are responsible for the activity that occurs under your account
and agree to notify TopSleepingBags.com immediately of any unauthorized use of your account or password
and that you could be liable for losses incurred by BoulderBoy.com or others due to someone other than you
using your customer account. You agree to not transfer your account and User ID to another party nor
allow others to use your account or User ID nor will you use other’s accounts.
5. 100% Satisfaction Guarantee. Your 100% satisfaction and determination to use TopSleepingBags.com
over and over and to recommend us to your friends and family is paramount. Accordingly, if you are
unsatisfied with any product, you can return it at any time within 30 days -- no questions asked - by simply
returning it in its original condition and packaging for a full refund, less shipping and a 10-15% restocking
fee for non-defective products. After 30 days, manufacturer return policies and warranties apply, as
available. The demands of our suppliers and manufacturers currently allow us no flexibility to make
exceptions. Items returned in a manner inconsistent with our return instructions might be denied and
returned, which could result in your RA being voided, the product returned to you at your cost, no
replacement order being authorized and no credit to your credit card, debit card or TopSleepingBags.com
account. Items received with any writing on the original manufacturer’s packaging or box may be refused and
returned to you at your cost and without credit approval. On exchanges, in rare occasions we ship a
replacement product before receipt of the return product, in such cases if the product being returned is no in
our possession before the expiration of the RA the customer will be charged for the replacement product at
the current selling price. The returned product does not have to be in our possession within 30 days for our
100% Satisfaction Guarantee to remain in effect but it does have to be in the possession of the shipper
(along with the valid RA). Only one RA is issued per return. When it expires, you may no longer be able to
return your product for a refund. For a specific explanation of how to make a return, please see
TopSleepingBags.com’s Shipping/Return policy.
6. Methods of Payment and Terms. TopSleepingBags.com accepts payments through VISA, MasterCard,
American Express, Discover Network and PayPal, which includes both credit and debit cards. If you
choose to pay with a credit or debit card, you agree that you are legally authorized to use the card and will
provide TopSleepingBags.com with your valid credit or debit card number and accurate associated payment
information including: (a) your name as it appears on the card, (b) your credit or debit card number, (c) the
card type (VISA, MasterCard, Discover, American Express), (d) the date of expiration and (e) any activation
numbers or codes needed to charge your card. By submitting that information to us, you authorize
TopSleepingBags.com to charge your card within thirty (30) days of authorization. Sales of products and
services are final except as they fall under the terms of our 100 % satisfaction guarantee return policy. You
are responsible for charges made through your payment methods, including credit or debit cards and agree to
pay all fees and charges incurred in connection with your purchases, including taxes applicable at the time of
purchase. Unless you notify TopSleepingBags.com differently within sixty (60) days after the charges appear
on your credit card statement, you agree that they are accepted by you for all purposes. If TopSleepingBags.
com does not receive payment from your credit or debit card issuer or its agent, you agree to pay the
amounts due, upon demand by TopSleepingBags.com or its agents. We may require additional verifications
or information before accepting any order. Your order will be deemed accepted by TopSleepingBags.com
upon receiving of products that you have ordered. TopSleepingBags.com reserves the right to accept, cancel
or decline an order for any reason, including for products and/or services inadvertently listed at an incorrect
price, rebate or refund, or inadvertently containing incorrect material information. TopSleepingBags.com
reserves the right to refuse or cancel any order, whether or not the order has been confirmed and your
credit card charged. If a credit or debit card has already been charged for the purchase and an order is
canceled, TopSleepingBags.com will credit the credit or debit card account in the amount of the charge.
TopSleepingBags.com may amend pricing, billing method, this user agreement and privacy policy at any time
and such amendments are effective immediately once posted on TopSleepingBags.com, without special notice.
7. Taxes. You understand and agree that TopSleepingBags.com is required to charge and withhold the
applicable sales tax for orders to be delivered to addresses within Colorado and, potentially, could become
required to charge and withhold applicable taxes as imposed by other states and localities for sales within
their authority. You are responsible for paying any governmental taxes imposed on your purchases, including,
but not limited to, sales, use or value-added taxes.
8. Copyright and Trademark Notice. All content and interfaces on TopSleepingBags.com is protected by
copyright and trademark. Top Sleeping Bags and TopSleepingBags.com are registered trademarks of
TopSleepingBags.com, as are all custom graphics and logos. No aspect of Top Sleeping Bags or
TopSleepingBags.com may be reproduced, in any manner, without express consent by TopSleepingBags.com.
9. Price Comparisons, "MSRP” and "Sale Price." Price comparisons on TopSleepingBags.com indicate
the relative savings to you through our low prices. “MSRP" is the manufacturer’s suggested retail price
provided to TopSleepingBags.com by its suppliers or other source so we can make no representation that a
substantial number of these products have been sold or offered for sale at that price. Because
TopSleepingBags.com sell its low-priced merchandise over the Internet, it is impossible to know confidently if
our merchandise is sold at MSRP in any particular location or at any particular time. Actual retail prices may
vary substantially differently in different areas. "Sale Price" reflects the difference between our price and the
supplier provided list price shown on our sites.
10. Service and Support. For technical service and support expertise, please contact the manufacturer in
accordance with their terms and conditions.
11. Use of Personal Information. As more fully described in our Privacy Notice, we recognize that you
disclose Personally Identifiable Information, in order to take advantage of the prices available through
TopSleepingBags.com, by registering and making purchases. As a condition of registering and making a
purchase, you are representing that you have read and agree to the terms of this user agreement and those
contained in our Privacy Notice and consent to the collection, use and disclosure of both Personally
Identifiable Information and Non-Personally Identifiable Information as indicated in this agreement and our
Privacy Notice. As indicated above, aspects of our pricing, user agreement, privacy notices and other
information may be amended from time to time and as a condition of browsing TopSleepingBags.com, using
any features or making a purchase, you agree to review this agreement and our Privacy Notice before
making a purchase.
12. Warranty limitation. Except as provided by our 100% Satisfaction Guarantee and Shipping/Return
policy, TopSleepingBags.com content, data, information and products are provided “as is” and
TopSleepingBags.com expressly disclaims other warranties or conditions, expressed or implied, regarding any
matter related to or referenced by TopSleepingBags.com.
13. Privacy. Your confidence in TopSleepingBags.com is paramount and we strive to treat your information
accordingly. In addition to the information contained in our Privacy Notice, please be aware of the
following. The information you provide to TopSleepingBags.com will remain confidential and will not be
distributed without your consent, unless we are required to do so by law or otherwise provided herein. If
you have any concerns about our protection of your information please do not use TopSleepingBags.com.
You acknowledge and agree that once you provide personal information during your registration process, you
are not anonymous to us; that if you choose to provide us with personal information, you are consenting to
the transfer and storage of that information to our servers; to collect and store any such information,
including with service providers, correspondence sent to us, sign-on data, statistics on page views, traffic to
and from the Site, and information of any kind, including IP address and standard web log information,
supplemental information from third parties; you consent to TopSleepingBags.com combining your
information with other information we collect to improve and personalize our service; you acknowledge and
agree that TopSleepingBags.com may collect information in its effort to provide you with a pleasant,
productive, secure, safe, smooth, efficient, and customized experience with TopSleepingBags.com; you agree
TopSleepingBags.com may use your information to provide the services and customer support you request,
resolve disputes, collect fees, troubleshoot problems, prevent potentially prohibited or illegal activities,
enforce the user agreement and privacy policy, customize, measure, and improve service, layout, screens and
content, update you about targeted marketing, service updates, and promotional offers based on your stated
preferences, compare information for accuracy, and verify it with third parties; you acknowledge and agree
we may disclose personal information to respond to legal requirements, enforce our policies, respond to
claims against you or to protect rights or property or for safety concerns; you acknowledge and agree
TopSleepingBags.com may share your personal information with members of our corporate family to help
detect and prevent potentially illegal or prohibited activities; you acknowledge and agree we may share your
personal information to suppliers and service providers who help ensure that your experience with
TopSleepingBags.com is as productive, pleasant and secure as possible by assisting in matters that include,
but are not limited to fraud, intellectual property infringement, piracy, or other unlawful activity
investigations, you acknowledge and agree we may share your personal information with third parties that
you ask us to send your information to, with proper law enforcement or other governmental officials in
response to a verified request relating to any criminal investigation, income producing activity, activity
involvement tax consequences or alleged illegal activity -- in such events we will disclose any information we
have; you acknowledge and agree that TopSleepingBags.com can disclose any information we believe will
help prevent imminent physical harm, to prevent financial loss or to prevent or report suspected illegal
activity, potentially, without notification to you; you acknowledge and agree that any and all activity associated
with your user name may be displayed throughout the TopSleepingBags.com.com and necessarily could be
available to public view and all of your activities at TopSleepingBags.com will be traceable to your user name;
you acknowledge and agree that, while TopSleepingBags.com undertakes to keep your information
confidential and secure, that information could, nevertheless, be accessed by breach of our security and
preventative processes and you agree TopSleepingBags.com will not be liable to you if your information is
somehow accessed by such breach, in the event of such breach, however, TopSleepingBags.com will work to
notify you so that you may take whatever protective measures possible to minimize any adverse
consequences occasioned by such breach(s); while TopSleepingBags.com will seek to safeguard and to
prevent unauthorized access to your personal information, we cannot be responsible for the acts of those
who gain unauthorized access, and we make no warranty, implied or otherwise, that we will prevent
unauthorized access to your private information; and you acknowledge and agree that TopSleepingBags.com
may use tags to help use provide and ensure your experience with TopSleepingBags.com is as pleasing,
productive and secure as we can make it and to help improve our service to you.
14. Course of Conduct on TopSleepingBags.com and TopSleepingBags.com Limited Liability and
Disclaimers. You acknowledge and agree that no agency, partnership, joint venture, employee-employer,
franchiser-franchisee or any other legally binding relationship is intended or created by your participation on
the TopSleepingBags.com website or by this agreement; you agree to use TopSleepingBags.com.com only if
you agree to abide by the terms and conditions of this agreement; you will not interfere with the
TopSleepingBags.com website or infrastructure nor will you introduce any virus or any technology that may
harm TopSleepingBags.com, its reputation or the interests, property or reputation of TopSleepingBags.com
users or suppliers; if you intentionally introduce any destructive technology you agree to be civilly liable and
agree herein to indemnify TopSleepingBags.com and TopSleepingBags.com suppliers for any necessary
action required, including legal fees and costs, to remedy problems caused by such an introduction; you will
not copy, modify, or distribute any content from TopSleepingBags.com; you agree not to use any robot,
spider, scraper or other automated means to access TopSleepingBags.com for any purpose without
TopSleepingBags.com's written permission; you will not use information from TopSleepingBags.com for
purposes unrelated to TopSleepingBags.com; you will not harvest, otherwise collect, distribute or sell content
from or about TopSleepingBags.com\’s website without TopSleepingBags.com's expressed consent; you agree
to take no action that imposes or may impose a large load on our infrastructure; you will neither intentionally
nor negligently interfere with the designed functions of TopSleepingBags.com nor any functions within our
infrastructure nor will you breach any infrastructure designed to prevent and restrict access within
TopSleepingBags.com, its security, users or suppliers and acknowledge that even a single violation of this
agreement may result in instant and permanent denial of your future access to TopSleepingBags.com in
addition to other remedies available to TopSleepingBags.com through this agreement; you will hold
TopSleepingBags.com neither legally nor civilly liable for any action or inaction by any, TopSleepingBags.com
supplier or anyone participating on TopSleepingBags.com's website; you acknowledge and agree that
TopSleepingBags.com does not guarantee continuous or secure access to TopSleepingBags.com and its
operations could be affected by numerous factors within and beyond our control; except as stated above
pursuant to its 100% Satisfaction Guarantee and Shipping/Return policy, TopSleepingBags.com excludes any
and all warranties, terms and conditions, either expressed or implied to the extent permitted by law; you
acknowledge and agree that TopSleepingBags.com is not liable for any loss of money, goodwill, or reputation,
or any special, indirect, or consequential damages occasioned by your use of TopSleepingBags.com or the use
of TopSleepingBags.com by others; you agree to release, hold harmless and indemnify TopSleepingBags.com,
its owners, officers, directors, agents, subsidiaries, joint ventures, subcontractors and employees from any and
all claims, demands and damages of every kind and nature, known and unknown, arising from use of this
website; you agree to indemnify and hold TopSleepingBags.com, our stockholders, officers, directors, agents,
subsidiaries, joint ventures, subcontractors and employees, harmless from any and all claims, demands and
damages of every kind, now or in the future, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of our website, breach of this agreement, or the violation of any law or
rights of a third party; the entire risk arising from the use of the site, use of any products or services offered
on or in connection with the site, as well as the use of any content, is your responsibility; in no event is
TopSleepingBags.com, its licensors or any user, officer, director, employee, agent or affiliate liable for
anything, including consequential, incidental, direct, indirect, special, punitive, damages for loss of business,
business profits, business interruption, loss of business information other pecuniary loss or any other
damages, arising from use of the website, terms of use or inability to use the website, products, software,
services or content obtained from this site, whether based on contract, tort, negligence, strict liability or
otherwise even if TopSleepingBags.com has been advised of the potential possibility damages,
notwithstanding any other posting on TopSleepingBags.com; TopSleepingBags.com is a company formed
under the laws of Wyoming and you acknowledge and agree that this agreement is governed by the laws of
the State of Wyoming and any legal claim or dispute asserted by you regarding TopSleepingBags.com or
affiliated websites, or with those in associated in any way with TopSleepingBags.com, will be resolved in the
venue of state district court in Laramie, Wyoming, USA, under the jurisdiction of the state district court in
Laramie, Wyoming, and in accord with the laws of Wyoming, including the interpretation and construction of
any and all treaties governing international transactions and you agree to submit to the jurisdiction of the
Wyoming state district court in Laramie, Wyoming, USA, for the purpose of litigating all such claims or
disputes; you acknowledge and agree that you will reimburse TopSleepingBags.com and its affiliates for the
cost expended to resolve the matter and waive any appellate rights; you agree that any claim made against
you by TopSleepingBags.com or any TopSleepingBags.com affiliate may be made by notifying you by email
or by first-class postal mail in accord with the information you provide during the registration process; you
acknowledge and agree that TopSleepingBags.com's remedies include, but are not limited to, the right to file
for injunctive relief in any court of competent jurisdiction of TopSleepingBags.com's choosing and at its
discretion and you will submit to the jurisdiction of that court and waive any appellate rights; you
acknowledge and agree that if any provision of TopSleepingBags.com's user agreement is held to be invalid
or unenforceable, such provision shall be struck and all remaining provisions shall be enforced;
TopSleepingBags.com may assign this agreement; any failure on our part to act with respect to a breach by
you or others waives no right to act with respect to that breach, other or similar breaches; TopSleepingBags.
com makes no guarantees regarding possible actions against breaches of this agreement; in addition to other
action, we may limit, suspend, terminate and preclude access to our website, remove hosted content, and take
technical and legal steps to keep users off TopSleepingBags.com if we deem them to be creating problems to
other users or TopSleepingBags.com, potential legal liabilities, or acting inconsistently with the intent of our
policies and the purpose for which TopSleepingBags.com was created.
Because all outdoor and camping activity, including the use of outdoor or camping gear, comes with inherent
dangers and risks, TopSleepingBags.com (TSB) and Temte Supply Company (TSC), including employees,
agents, affiliates and officers, specifically do not warrant or endorse the safety of any product or procedure
sold or referred to on any website nor do they warrant that any product will necessarily function as intended.
By using this website, you agree you are solely responsible for complying with all laws and use of the
products sold on this website -- which are intended and sold for legitimate sporting purposes only -- and you
agree to hold harmless and indemnify TSB or TSC against any claim arising from any use of a product or
procedure sold or referred to on this website.
***
End of user agreement.
Updated on: 7/5/2008
available to you. Establishing your customer account is required before you make purchases. By establishing
your account, accessing TopSleepingBags.com or purchasing through TopSleepingBags.com, you are agreeing
to the terms and conditions below. If you do not agree to these terms and conditions, please do not utilize
the site in any way.
*On rare occasion, a supplier may unexpectedly place an order on “back order.” If that happens,
TopSleepingBags.com will contact you immediately to provide several options, including voiding the sale and
crediting your card. Your 100% satisfaction with TopSleepingBags.com is paramount.
1. 100% Lowest Price Guarantee. Top Sleeping Bags is determined to provide you the lowest prices. If
you discover a product of equal value available online for a lower price, please tell us as TopSleepingBags.
com is determined to match it to provide lowest prices, in addition to best service.
2. End Use. You agree that you are not purchasing from TopSleepingBags.com for commercial resale.
3. Age of Consent. You are above the age of 18 and are legally entitled to enter into the legally binding
agreements and contracts, will abide by these terms and conditions or any other conditions necessary to
conclude your transaction with BouderBuy.com.
4. Customer Account. You agree that the information you provide TopSleepingBags.com is accurate,
current and complete. You agree to be responsible for maintaining the accuracy and confidentiality of your
account information, including your password, are responsible for the activity that occurs under your account
and agree to notify TopSleepingBags.com immediately of any unauthorized use of your account or password
and that you could be liable for losses incurred by BoulderBoy.com or others due to someone other than you
using your customer account. You agree to not transfer your account and User ID to another party nor
allow others to use your account or User ID nor will you use other’s accounts.
5. 100% Satisfaction Guarantee. Your 100% satisfaction and determination to use TopSleepingBags.com
over and over and to recommend us to your friends and family is paramount. Accordingly, if you are
unsatisfied with any product, you can return it at any time within 30 days -- no questions asked - by simply
returning it in its original condition and packaging for a full refund, less shipping and a 10-15% restocking
fee for non-defective products. After 30 days, manufacturer return policies and warranties apply, as
available. The demands of our suppliers and manufacturers currently allow us no flexibility to make
exceptions. Items returned in a manner inconsistent with our return instructions might be denied and
returned, which could result in your RA being voided, the product returned to you at your cost, no
replacement order being authorized and no credit to your credit card, debit card or TopSleepingBags.com
account. Items received with any writing on the original manufacturer’s packaging or box may be refused and
returned to you at your cost and without credit approval. On exchanges, in rare occasions we ship a
replacement product before receipt of the return product, in such cases if the product being returned is no in
our possession before the expiration of the RA the customer will be charged for the replacement product at
the current selling price. The returned product does not have to be in our possession within 30 days for our
100% Satisfaction Guarantee to remain in effect but it does have to be in the possession of the shipper
(along with the valid RA). Only one RA is issued per return. When it expires, you may no longer be able to
return your product for a refund. For a specific explanation of how to make a return, please see
TopSleepingBags.com’s Shipping/Return policy.
6. Methods of Payment and Terms. TopSleepingBags.com accepts payments through VISA, MasterCard,
American Express, Discover Network and PayPal, which includes both credit and debit cards. If you
choose to pay with a credit or debit card, you agree that you are legally authorized to use the card and will
provide TopSleepingBags.com with your valid credit or debit card number and accurate associated payment
information including: (a) your name as it appears on the card, (b) your credit or debit card number, (c) the
card type (VISA, MasterCard, Discover, American Express), (d) the date of expiration and (e) any activation
numbers or codes needed to charge your card. By submitting that information to us, you authorize
TopSleepingBags.com to charge your card within thirty (30) days of authorization. Sales of products and
services are final except as they fall under the terms of our 100 % satisfaction guarantee return policy. You
are responsible for charges made through your payment methods, including credit or debit cards and agree to
pay all fees and charges incurred in connection with your purchases, including taxes applicable at the time of
purchase. Unless you notify TopSleepingBags.com differently within sixty (60) days after the charges appear
on your credit card statement, you agree that they are accepted by you for all purposes. If TopSleepingBags.
com does not receive payment from your credit or debit card issuer or its agent, you agree to pay the
amounts due, upon demand by TopSleepingBags.com or its agents. We may require additional verifications
or information before accepting any order. Your order will be deemed accepted by TopSleepingBags.com
upon receiving of products that you have ordered. TopSleepingBags.com reserves the right to accept, cancel
or decline an order for any reason, including for products and/or services inadvertently listed at an incorrect
price, rebate or refund, or inadvertently containing incorrect material information. TopSleepingBags.com
reserves the right to refuse or cancel any order, whether or not the order has been confirmed and your
credit card charged. If a credit or debit card has already been charged for the purchase and an order is
canceled, TopSleepingBags.com will credit the credit or debit card account in the amount of the charge.
TopSleepingBags.com may amend pricing, billing method, this user agreement and privacy policy at any time
and such amendments are effective immediately once posted on TopSleepingBags.com, without special notice.
7. Taxes. You understand and agree that TopSleepingBags.com is required to charge and withhold the
applicable sales tax for orders to be delivered to addresses within Colorado and, potentially, could become
required to charge and withhold applicable taxes as imposed by other states and localities for sales within
their authority. You are responsible for paying any governmental taxes imposed on your purchases, including,
but not limited to, sales, use or value-added taxes.
8. Copyright and Trademark Notice. All content and interfaces on TopSleepingBags.com is protected by
copyright and trademark. Top Sleeping Bags and TopSleepingBags.com are registered trademarks of
TopSleepingBags.com, as are all custom graphics and logos. No aspect of Top Sleeping Bags or
TopSleepingBags.com may be reproduced, in any manner, without express consent by TopSleepingBags.com.
9. Price Comparisons, "MSRP” and "Sale Price." Price comparisons on TopSleepingBags.com indicate
the relative savings to you through our low prices. “MSRP" is the manufacturer’s suggested retail price
provided to TopSleepingBags.com by its suppliers or other source so we can make no representation that a
substantial number of these products have been sold or offered for sale at that price. Because
TopSleepingBags.com sell its low-priced merchandise over the Internet, it is impossible to know confidently if
our merchandise is sold at MSRP in any particular location or at any particular time. Actual retail prices may
vary substantially differently in different areas. "Sale Price" reflects the difference between our price and the
supplier provided list price shown on our sites.
10. Service and Support. For technical service and support expertise, please contact the manufacturer in
accordance with their terms and conditions.
11. Use of Personal Information. As more fully described in our Privacy Notice, we recognize that you
disclose Personally Identifiable Information, in order to take advantage of the prices available through
TopSleepingBags.com, by registering and making purchases. As a condition of registering and making a
purchase, you are representing that you have read and agree to the terms of this user agreement and those
contained in our Privacy Notice and consent to the collection, use and disclosure of both Personally
Identifiable Information and Non-Personally Identifiable Information as indicated in this agreement and our
Privacy Notice. As indicated above, aspects of our pricing, user agreement, privacy notices and other
information may be amended from time to time and as a condition of browsing TopSleepingBags.com, using
any features or making a purchase, you agree to review this agreement and our Privacy Notice before
making a purchase.
12. Warranty limitation. Except as provided by our 100% Satisfaction Guarantee and Shipping/Return
policy, TopSleepingBags.com content, data, information and products are provided “as is” and
TopSleepingBags.com expressly disclaims other warranties or conditions, expressed or implied, regarding any
matter related to or referenced by TopSleepingBags.com.
13. Privacy. Your confidence in TopSleepingBags.com is paramount and we strive to treat your information
accordingly. In addition to the information contained in our Privacy Notice, please be aware of the
following. The information you provide to TopSleepingBags.com will remain confidential and will not be
distributed without your consent, unless we are required to do so by law or otherwise provided herein. If
you have any concerns about our protection of your information please do not use TopSleepingBags.com.
You acknowledge and agree that once you provide personal information during your registration process, you
are not anonymous to us; that if you choose to provide us with personal information, you are consenting to
the transfer and storage of that information to our servers; to collect and store any such information,
including with service providers, correspondence sent to us, sign-on data, statistics on page views, traffic to
and from the Site, and information of any kind, including IP address and standard web log information,
supplemental information from third parties; you consent to TopSleepingBags.com combining your
information with other information we collect to improve and personalize our service; you acknowledge and
agree that TopSleepingBags.com may collect information in its effort to provide you with a pleasant,
productive, secure, safe, smooth, efficient, and customized experience with TopSleepingBags.com; you agree
TopSleepingBags.com may use your information to provide the services and customer support you request,
resolve disputes, collect fees, troubleshoot problems, prevent potentially prohibited or illegal activities,
enforce the user agreement and privacy policy, customize, measure, and improve service, layout, screens and
content, update you about targeted marketing, service updates, and promotional offers based on your stated
preferences, compare information for accuracy, and verify it with third parties; you acknowledge and agree
we may disclose personal information to respond to legal requirements, enforce our policies, respond to
claims against you or to protect rights or property or for safety concerns; you acknowledge and agree
TopSleepingBags.com may share your personal information with members of our corporate family to help
detect and prevent potentially illegal or prohibited activities; you acknowledge and agree we may share your
personal information to suppliers and service providers who help ensure that your experience with
TopSleepingBags.com is as productive, pleasant and secure as possible by assisting in matters that include,
but are not limited to fraud, intellectual property infringement, piracy, or other unlawful activity
investigations, you acknowledge and agree we may share your personal information with third parties that
you ask us to send your information to, with proper law enforcement or other governmental officials in
response to a verified request relating to any criminal investigation, income producing activity, activity
involvement tax consequences or alleged illegal activity -- in such events we will disclose any information we
have; you acknowledge and agree that TopSleepingBags.com can disclose any information we believe will
help prevent imminent physical harm, to prevent financial loss or to prevent or report suspected illegal
activity, potentially, without notification to you; you acknowledge and agree that any and all activity associated
with your user name may be displayed throughout the TopSleepingBags.com.com and necessarily could be
available to public view and all of your activities at TopSleepingBags.com will be traceable to your user name;
you acknowledge and agree that, while TopSleepingBags.com undertakes to keep your information
confidential and secure, that information could, nevertheless, be accessed by breach of our security and
preventative processes and you agree TopSleepingBags.com will not be liable to you if your information is
somehow accessed by such breach, in the event of such breach, however, TopSleepingBags.com will work to
notify you so that you may take whatever protective measures possible to minimize any adverse
consequences occasioned by such breach(s); while TopSleepingBags.com will seek to safeguard and to
prevent unauthorized access to your personal information, we cannot be responsible for the acts of those
who gain unauthorized access, and we make no warranty, implied or otherwise, that we will prevent
unauthorized access to your private information; and you acknowledge and agree that TopSleepingBags.com
may use tags to help use provide and ensure your experience with TopSleepingBags.com is as pleasing,
productive and secure as we can make it and to help improve our service to you.
14. Course of Conduct on TopSleepingBags.com and TopSleepingBags.com Limited Liability and
Disclaimers. You acknowledge and agree that no agency, partnership, joint venture, employee-employer,
franchiser-franchisee or any other legally binding relationship is intended or created by your participation on
the TopSleepingBags.com website or by this agreement; you agree to use TopSleepingBags.com.com only if
you agree to abide by the terms and conditions of this agreement; you will not interfere with the
TopSleepingBags.com website or infrastructure nor will you introduce any virus or any technology that may
harm TopSleepingBags.com, its reputation or the interests, property or reputation of TopSleepingBags.com
users or suppliers; if you intentionally introduce any destructive technology you agree to be civilly liable and
agree herein to indemnify TopSleepingBags.com and TopSleepingBags.com suppliers for any necessary
action required, including legal fees and costs, to remedy problems caused by such an introduction; you will
not copy, modify, or distribute any content from TopSleepingBags.com; you agree not to use any robot,
spider, scraper or other automated means to access TopSleepingBags.com for any purpose without
TopSleepingBags.com's written permission; you will not use information from TopSleepingBags.com for
purposes unrelated to TopSleepingBags.com; you will not harvest, otherwise collect, distribute or sell content
from or about TopSleepingBags.com\’s website without TopSleepingBags.com's expressed consent; you agree
to take no action that imposes or may impose a large load on our infrastructure; you will neither intentionally
nor negligently interfere with the designed functions of TopSleepingBags.com nor any functions within our
infrastructure nor will you breach any infrastructure designed to prevent and restrict access within
TopSleepingBags.com, its security, users or suppliers and acknowledge that even a single violation of this
agreement may result in instant and permanent denial of your future access to TopSleepingBags.com in
addition to other remedies available to TopSleepingBags.com through this agreement; you will hold
TopSleepingBags.com neither legally nor civilly liable for any action or inaction by any, TopSleepingBags.com
supplier or anyone participating on TopSleepingBags.com's website; you acknowledge and agree that
TopSleepingBags.com does not guarantee continuous or secure access to TopSleepingBags.com and its
operations could be affected by numerous factors within and beyond our control; except as stated above
pursuant to its 100% Satisfaction Guarantee and Shipping/Return policy, TopSleepingBags.com excludes any
and all warranties, terms and conditions, either expressed or implied to the extent permitted by law; you
acknowledge and agree that TopSleepingBags.com is not liable for any loss of money, goodwill, or reputation,
or any special, indirect, or consequential damages occasioned by your use of TopSleepingBags.com or the use
of TopSleepingBags.com by others; you agree to release, hold harmless and indemnify TopSleepingBags.com,
its owners, officers, directors, agents, subsidiaries, joint ventures, subcontractors and employees from any and
all claims, demands and damages of every kind and nature, known and unknown, arising from use of this
website; you agree to indemnify and hold TopSleepingBags.com, our stockholders, officers, directors, agents,
subsidiaries, joint ventures, subcontractors and employees, harmless from any and all claims, demands and
damages of every kind, now or in the future, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of our website, breach of this agreement, or the violation of any law or
rights of a third party; the entire risk arising from the use of the site, use of any products or services offered
on or in connection with the site, as well as the use of any content, is your responsibility; in no event is
TopSleepingBags.com, its licensors or any user, officer, director, employee, agent or affiliate liable for
anything, including consequential, incidental, direct, indirect, special, punitive, damages for loss of business,
business profits, business interruption, loss of business information other pecuniary loss or any other
damages, arising from use of the website, terms of use or inability to use the website, products, software,
services or content obtained from this site, whether based on contract, tort, negligence, strict liability or
otherwise even if TopSleepingBags.com has been advised of the potential possibility damages,
notwithstanding any other posting on TopSleepingBags.com; TopSleepingBags.com is a company formed
under the laws of Wyoming and you acknowledge and agree that this agreement is governed by the laws of
the State of Wyoming and any legal claim or dispute asserted by you regarding TopSleepingBags.com or
affiliated websites, or with those in associated in any way with TopSleepingBags.com, will be resolved in the
venue of state district court in Laramie, Wyoming, USA, under the jurisdiction of the state district court in
Laramie, Wyoming, and in accord with the laws of Wyoming, including the interpretation and construction of
any and all treaties governing international transactions and you agree to submit to the jurisdiction of the
Wyoming state district court in Laramie, Wyoming, USA, for the purpose of litigating all such claims or
disputes; you acknowledge and agree that you will reimburse TopSleepingBags.com and its affiliates for the
cost expended to resolve the matter and waive any appellate rights; you agree that any claim made against
you by TopSleepingBags.com or any TopSleepingBags.com affiliate may be made by notifying you by email
or by first-class postal mail in accord with the information you provide during the registration process; you
acknowledge and agree that TopSleepingBags.com's remedies include, but are not limited to, the right to file
for injunctive relief in any court of competent jurisdiction of TopSleepingBags.com's choosing and at its
discretion and you will submit to the jurisdiction of that court and waive any appellate rights; you
acknowledge and agree that if any provision of TopSleepingBags.com's user agreement is held to be invalid
or unenforceable, such provision shall be struck and all remaining provisions shall be enforced;
TopSleepingBags.com may assign this agreement; any failure on our part to act with respect to a breach by
you or others waives no right to act with respect to that breach, other or similar breaches; TopSleepingBags.
com makes no guarantees regarding possible actions against breaches of this agreement; in addition to other
action, we may limit, suspend, terminate and preclude access to our website, remove hosted content, and take
technical and legal steps to keep users off TopSleepingBags.com if we deem them to be creating problems to
other users or TopSleepingBags.com, potential legal liabilities, or acting inconsistently with the intent of our
policies and the purpose for which TopSleepingBags.com was created.
Because all outdoor and camping activity, including the use of outdoor or camping gear, comes with inherent
dangers and risks, TopSleepingBags.com (TSB) and Temte Supply Company (TSC), including employees,
agents, affiliates and officers, specifically do not warrant or endorse the safety of any product or procedure
sold or referred to on any website nor do they warrant that any product will necessarily function as intended.
By using this website, you agree you are solely responsible for complying with all laws and use of the
products sold on this website -- which are intended and sold for legitimate sporting purposes only -- and you
agree to hold harmless and indemnify TSB or TSC against any claim arising from any use of a product or
procedure sold or referred to on this website.
***
End of user agreement.
Updated on: 7/5/2008
Terms and Conditions
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