Terms and Conditions of Use

Review the rules of the road for accessing the NYTOP LLC platform, including the content and products contained therein.

Effective: October 20, 2022

Acknowledgment

These Terms and Conditions of Use (“Terms and Conditions”) constitute a legally binding agreement between you and NYTOP LLC, its affiliates, and subsidiaries (hereinafter collectively referred to as “NYTOP”), setting forth NYTOP’s obligations to you, and your obligations to NYTOP in relation to your access and use of NYTOP’s website. The website is referred to in these Terms and Conditions as the “NYTOP Platform.” In these Terms and Conditions, “we,” “us,” and “our,” refer collectively to NYTOP.

These Terms and Conditions and our Privacy Policy and any additional Terms and Conditions you have agreed to by using specific components of the NYTOP Platform (e.g., online account registration access conditions), make up the entire agreement between you and NYTOP related to your use of the NYTOP Platform. These Terms and Conditions do not alter the Terms and Conditions of any other agreement you may have with us unrelated to your use of the NYTOP Platform.

By accessing and using the NYTOP Platform, you affirm that you are at least eighteen (18) years old or have parental or guardian permission to use the NYTOP Platform and that you are fully competent to enter into this agreement with NYTOP. You further agree that you will not use the NYTOP Platform for any unlawful or fraudulent purpose or in any manner inconsistent with these Terms and Conditions. You further warrant that you will not violate or attempt to violate the security of the NYTOP Platform, including without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the appearance, features, or functionality of the NYTOP Platform; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with or interrupt in any way service to any user, host, network, or system including, without limitation, infecting, overloading, “flooding,” “spamming,” “mailbombing,” “crashing” or otherwise attacking the NYTOP Platform  or (vi) sending communications on behalf of the NYTOP Platform (i.e., impersonating NYTOP). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT USE THE NYTOP PLATFORM.

Use of the NYTOP Platform

Use of the NYTOP Platform requires a computer, mobile phone, tablet, or other smart device with a compatible browser and internet access. The information and materials on the NYTOP Platform are intended for use in the United States. NYTOP makes no representations with respect to the usability of the NYTOP Platform anywhere else. The NYTOP Platform may contain references to products and services that are not available or are prohibited in your country. If you access the NYTOP Platform from outside the United States, you are responsible for complying with applicable laws. Further, the privacy protections afforded by the NYTOP Platform may differ from those of your resident country. Please visit our Privacy Policy for more information. 

Account Registration

Certain features of the NYTOP Platform may require you to register an account. You are responsible for maintaining the confidentiality of your account and password. You may not share your account information with others or allow others to login to your account using your credentials. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify NYTOP of any unauthorized use of your account. NYTOP reserves the right to terminate your account with or without cause.

Your Content

Any material, information, or idea you develop or transmit through the NYTOP Platform by any means, will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products.

Our Content

The NYTOP Platform is operated by NYTOP, and all material on the NYTOP Platform is protected intellectual property owned or controlled by NYTOP, or a third-party licensor. All content included in or made available through the NYTOP Platform, including, but not limited to, text, graphics, logos, icons, and images, is the property of NYTOP or its content suppliers and is protected by United States and international copyright, patents, and trademark laws.

No license to or right in any such copyrighted materials, patents, trademarks, trade secrets, technologies, products, processes, and other proprietary rights of NYTOP, or any other third party is granted to or conferred upon you. Downloading, copying, transmitting, using, framing, or mirroring techniques, reproducing, duplicating, storing, linking to, or otherwise exploiting any content from the NYTOP Platform is expressly prohibited.

Our Products

All illustrations and specifications presented through the NYTOP Platform are for informational purposes only.  Some of the depicted products may be unavailable in the United States while other products may not be available yet or have been discontinued. We reserve the right at any time and without prior notice to discontinue or change specifications on products and services offered through the NYTOP Platform.

All prices shown are based upon NYTOP’s internal calculations, shown in U.S. dollars, and do not include extra costs, including, but not limited to, taxes, title fees, shipping costs, options, assembly, and destination. 

Third-Party Links

The NYTOP Platform contains links to other websites, including partner websites, social media websites, supplier websites, and other third parties and companies whose trademarks may appear on the NYTOP Platform. We are not responsible for the information collection practices or the content of the websites to which we link. You should be aware that, unless otherwise indicated, these Terms and Conditions do not govern third-party websites you visit, including those that may be hyperlinked for convenience. We encourage you to review the applicable Terms and Conditions and policies of any third-party website.

Disclaimer of Warranties

NYTOP MAKES NO WARRANTY CONCERNING THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION YOU MAY EXPERIENCE VIEWING OR USING ANY CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, OR INFORMATION (“CONTENT”) TRANSMITTED IN CONNECTION WITH THE USE OF THE NYTOP PLATFORM. NYTOP FURTHER MAKES NO WARRANTY WITH RESPECT TO SUPPORT FOR THE NYTOP PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NYTOP PLATFORM IS AT YOUR SOLE RISK AND RESPONSIBILITY. IT IS THE SOLE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION OR OTHER CONTENT AVAILABLE THROUGH THE NYTOP PLATFORM. THE NYTOP PLATFORM, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE NYTOP PLATFORM, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NYTOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FOR THE CONTENT AVAILABLE ON THE NYTOP PLATFORM, THE OPERATION OF THE NYTOP PLATFORM, OR THE TRANSMISSION OF ANY INFORMATION THROUGH THE NYTOP PLATFORM OR ANY LINKED WEBSITE. FURTHER, NYTOP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NYTOP DOES NOT REPRESENT OR WARRANT THAT THE NYTOP PLATFORM OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NYTOP OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS, EVEN IF NYTOP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OF OR INABILITY TO USE THE NYTOP PLATFORM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NYTOP PLATFORM.  

Indemnification 

You agree to defend (with counsel subject to NYTOP’s approval), indemnify, and hold harmless: NYTOP, its officers, directors, employees, agents, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions, your improper use of the NYTOP Platform, or your breach of any laws or regulations.

Disputes 

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising from these Terms and Conditions shall be resolved exclusively in the state and federal courts of the State of California, without regard to any conflict of law provisions. You hereby agree that any and all legal claims concerning your use of the NYTOP Platform must be commenced within one (1) year after the claim or cause of action arises or they will be time-barred. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Modifications

We may modify these Terms and Conditions at any time. All updates and amendments are effective immediately upon notice, which we may provide by any legal means, including, but not limited to, by posting a revised version of these Terms and Conditions or other notice on the NYTOP Platform. Continued use of the NYTOP Platform post-modification constitutes your agreement to be bound by the modified Terms and Conditions.

Contact Us

If you have any questions about this Terms and Conditions, You can contact us: