TopReload.com ("The "Website") is a cell phone service replenishment website (service) provided by Vast Telecom, LLC. subject to your agreement with the terms and conditions set forth herein including, all exhibits hereto. TopReload.com is a trade name for Vast Telecom, LLC. All references to TopReload.com below are to Vast Telecom, LLC, a reseller company for cell phone services. Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, discontinue immediately the access and/or use of the Service. TopReload.com may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.1. Fraudulent Orders & Use of Stolen Credit Cards
TopReload.com will not tolerate any fraudulent orders or use of stolen credit cards and will vigorously pursue the individual or persons committing such acts. Furthermore TopReload.com will initiate and support contact with all local, state and federal law enforcement agencies to apprehend, arrest and convict offenders. TopReload.com will provide all available information with respect to users IP address and email accounts used by offenders to authorities to aid in prosecution.2. Credit or Debit Card Charge-Backs
Customer agrees not to initiate any charge-back with their credit or debit card company without first contacting TopReload.com in writing via email to resolve any dispute that may occur. Customer acknowledges and understands that he or she will be responsible for any fees or charges levied against TopReload.com by our processor or by any credit or debit card company in conjunction with any charge-back incident. Customer authorizes TopReload.com to charge those costs to their credit card without recourse. Customers are hereby notified that any uncollectible fees will be assigned to a licensed collection agency for aggressive collection and reporting to all credit reporting agencies and e-commerce bureaus.3. Access and Privacy.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. TopReload.com MAKES NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE TIMELY, SECURE, ACCURATE OR ERROR-FREE. THE WEBSITE AND ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TopReload.com DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION WITH THIS WEBSITE MAY OR MAY NOT CARRY WARRANTIES FROM THE MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER WARRANTIES EXIST, THEY ARE THE ONLY WARRANTIES APPLICABLE TO SUCH PRODUCTS TopReload.com DOES NOT WARRANT THAT THE WEBSITE CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY CATEGORIES OF PRODUCTS WHATSOEVER. IN NO EVENT SHALL TopReload.com BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY, OR PUNITIVE DAMAGES (WHETHER FORSEEABLE OR NOT) INCLUDING WITHOUT LIMITATION LOST OR ANTICIPATED REVENUES OR PROFITS ARISING FROM ANY CAUSE WHATSOEVER (INCLUDING INTENTIONAL OR NEGLIGENT CONDUCT), WHETHER IN CONTRACT OR TORT, OR DAMAGES ARISING FROM ANY ERRORS, MISTAKE, OMISSION, INTERRUPTION OR DELAY IN THE COURSE OF ESTABLISHING, FURNISHING, CHANGING OR TERMINATING ANY SERVICE PROVIDED THROUGH THE WEBSITE, OR FOR ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED IN THIS WEBSITE, EVEN IF TopReload.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CIRCUMSTANCE SHALL TopReload.com'S LIABILITY TO ANY CUSTOMER EXCEED THE VALUE, CALCULATED AT TopReload.com'S THEN-APPLICABLE RATES, OF THE UNUSED MINUTES ON A CUSTOMER'S PREPAID CALLING CARD ("PIN"). SOME STATES DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB SITE SHALL PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE AND CUSTOMER SHALL ASSUME ALL RISK OF LOSS. TopReload.com SHALL NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST OR STOLEN PINS, MISUSED PINS, UNAUTHORIZED OR FRAUDULENT USE OF PINS, OR FOR PINS THAT HAVE UNUSED OR EXPIRED MINUTES. THE OBLIGATIONS OF TopReload.com UNDER THIS AGREEMENT ARE SUBJECT TO, AND TopReload.com SHALL NOT BE LIABLE FOR, DELAYS, FAILURES TO PERFORM, DAMAGES, LOSSES OR DESTRUCTION, OR MALFUNCTION OF ANY EQUIPMENT OR ANY CONSEQUENCE THEREOF CAUSED OR OCCASIONED BY, OR DUE TO FIRE, FLOOD, WATER, THE ELEMENTS, LABOR DISPUTES OR SHORTAGES, UTILITY CURTAILMENTS, POWER FAILURES, EXPLOSIONS, CIVIL DISTURBANCES, GOVERNMENTAL ACTIONS, SHORTAGES OF EQUIPMENT FOR SUPPLIES, UNAVAILABILITY OF TRANSPORTATION, ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATIONS, ACTS OR OMISSIONS OF THIRD PARTY SERVICE PROVIDERS, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF TopReload.com.5. Content and Uses of the Website
When/if you submit any content to any "public area" of the Website, you grant TopReload.com, its affiliates, suppliers, distributors, and third party service providers a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, in "public area" content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any visitor to access, display, view, store, and reproduce "public area" content for personal use. Subject to the foregoing, the owner of "public area" content retains any and all rights that may exist in such content. By accessing TopReload.com, you agree that you shall have no recourse against TopReload.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to TopReload.com.
You are solely responsible for your content, and we merely act as a passive conduit for your online distribution and publication of your information. However, we may unilaterally take any action with respect to your content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
TopReload.com reserves the right to edit, copy, delete, in part or in full, any or all content provided by its members. TopReload.com may make these changes at any time for any reason without the prior consent or notification of the author.
You may only use TopReload.com for legal purposes. The content you distribute or request to receive (directly or indirectly) through Membership access, any products and services you may choose to offer (if permitted to do so), and any username you select: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law or regulation (including without limitation those governing export control, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; or (e) shall not contain any computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages ("spam") through your use of services provided by TopReload.com or take any other action, which imposes an unreasonable or disproportionately large load on our infrastructure, including without limitation, using excessive network bandwidth. In addition, you may not distribute spam that directs or encourages users to visit our Website through the account of another provider. At our option and without further notice, we may use anti-spam technologies that may terminate your messages without delivering them or prevent messages from reaching you.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of TopReload.com. You further agree not to use an inappropriate member name of any kind.
The entire contents of TopReload.com are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are TopReload.com, its affiliates or other third party licenser's. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Website solely for your own noncommercial use. You hereby agree not to change or delete any copyright or proprietary notices from the materials downloaded or printed from TopReload.com
The rates applicable to all telecommunications services or products provided by TopReload.com shall be the rates charged by the underlying carrier at the time the PIN is purchased. All rates apply only to calls originated in the United States of America. Telecommunications services may also be subject to fees and surcharges, including without limitation per call fees or surcharges as set by the underlying carrier. An additional Federal Communications Commission mandated surcharge will be assessed for calls originated from a pay phone. These fees and/or surcharges are assessed at the time the call is made and are in addition to the per minute rate applicable to the call. By agreeing to purchase a PIN, you agree to pay the rates, fees and surcharges in effect for that PIN at the time of purchase.
All prepaid cards shall have an expiration date linked to the date of purchase, at which point it shall expire automatically. The expiration date is communicated to you along with your PIN Number and Access Number immediately following purchase. Any unused minutes or value shall be forfeited upon expiration.
All telecommunications services used in connection with Pins are provided by the underlying carriers of those telecommunications services.
Third Party Providers You may order, purchase, or otherwise obtain services or merchandise through this Website from entities not affiliated with TopReload.com ("Sellers"). All matters concerning the merchandise and services obtained or desired from any Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. TopReload.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider TopReload.com nor will TopReload.com be construed as a party to such transactions, whether or not TopReload.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. TopReload.com may contain links that provide access to services provided by affiliates of TopReload.com. These links are provided solely as a convenience to you and not as an endorsement by TopReload.com of the content of such other websites. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF SUCH SERVICES If we ask a third party to provide services through the Website or for your use, the provisions of this Agreement shall apply to your use of their services. TopReload.com is not responsible for the content on the Internet or WebPages that are contained outside the Website. TopReload.com make no representations as to the quality, suitability, functionality or legality of any other websites to which we may provide links, and you hereby waive any claim you might have against TopReload.com with respect to such sites.
All information provided by TopReload.com and its affiliates is owned by or licensed to TopReload.com and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the TopReload.com information only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any TopReload.com information in any format to anyone, and no user shall use any TopReload.com information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking , legal or media business or enterprise. When you "create an account" you are agreeing to receive telephone calls and or e-mail communications from TopReload.com and its affiliates. These communications will be regarding your account, orders you have placed and special offers, discounts and rebates on products and services offered by TopReload.com and its affiliates. You may opt-out of receiving these communications at anytime by calling 1-800-486-1707. By creating an account on TopReload.com you agree to receive these communications and until formally withdrawn forfeit any rights to make claims or complaints of spam or unsolicited email.7. Indemnification
You agree to indemnify, defend and hold harmless TopReload.com, its parent companies, subsidiaries, affiliates, and any officers, directors, employees, consultants, and agents of any of them from any and all third party claims, liabilities, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from your use of services provided by TopReload.com Your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property right or other right of any person or entity. The Agreement will inure to the benefit of TopReload.com and its successors, assigns and licensees8. Choice of Law, Jurisdiction, and Venue
This Agreement shall be governed in all respects by the laws of the State of Georgia, without regard to conflicts of laws principles; as such laws are applied to agreements entered into and to be performed entirely within Georgia between Georgia residents. Both you and TopReload.com submit to the exclusive personal jurisdiction of the State of Georgia and further agree that any cause of action arising under this Agreement shall be brought in a court in Coweta County Georgia.9. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced and remain in full force and effect.10. Waiver
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement or to exercise any right under the Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.11. Assignment
TopReload.com may freely assign this Agreement and upon such assignment TopReload.com will be relieved of any further obligation there under. You may not assign its rights under this Agreement, in whole or in part, to any third party.12. Entire Agreement
TopReload.com reserves the right to charge fees, surcharges and/or membership fees at any time upon without prior written notice to you. Do to the fact that our affiliate managers go to work immediately on account specific duties and tasks incurring cost, wage, and time liabilities, the one time fee charged for the Premium Affiliate Program is non-refundable.14. Amendments
TopReload.com reserves the right to unilaterally amend this Agreement at any time by either: (I) notifying you by e-mail, in which case the amendments will be effective upon e-mailing you the notification at the e-mail address you have provided; or (ii) by posting the amended version on the Website and announcing on our Home Page that the amended agreement is available. In this case, such amendments will be effective when announced.15. Miscellaneous
The services there under are offered by TopReload.com. Please feel free to contact TopReload.com to resolve a complaint regarding any aspect of service relating to the Website by emailing support@TopReload.com or calling (478) 250-9762. Upon your request, you may have this Agreement sent to you by e-mail. Refunds or credits cannot be issued on any wireless pins whatsoever; or on the used portion of any long distance pins unless the order can be proven to be fraudulently placed. Our management works diligently with law enforcement agencies around the world to protect our customers and identify and prosecute credit card fraud or theft of services by fraud. Any and all charge-back attempts by customers on legitimately placed and delivered orders will be disputed and any subsequential loss or expense will be turned over to a collection agency for recovery. Californians have rights to the foregoing information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 121 West Jackson St, Dublin GA, 31021, or by telephone at (478) 250-9762. If you notice any users violating the terms and conditions of this Agreement, you may notify us at: support@TopReload.com.