Terms of Use
Welcome to CarTopUp.com! Please carefully read our Terms of Use and Privacy Statement below before viewing the remainder of CarTopUp.com and any affiliated CarTopUp.com websites (collectively termed "Web site" herein). The Terms of Use contain important information regarding your use of any text, graphics, documents, images, design elements, video and audio files as well as logos, trademarks or registered trademarks, copyrighted elements, service marks or registered service marks, trade dress and other materials (collectively termed "content" herein) that appear on this Web site.
CarTopUp.com has a detailed Privacy Statement governing our privacy commitment to you, which:

  • Provides a description of the types of information we collect during your visit to the Web site, including a discussion on personally identifiable information such as your name, address, e-mail address, phone number, fax number and any personal comments transferred to us via the Web site.
  • Examines our collection, use, disclosure and protection of this information.

 

The Privacy Statement follows our Terms of Use.
Your use of this Web site constitutes acceptance of the Terms of Use, Privacy Statement and any other policies, agreements, terms and conditions (collectively, "terms and conditions" herein) contained on this Web site. You agree to abide and be bound by all terms and conditions during your use, regardless of any actions, such as "bookmarking" sections of this Web site, that may allow you to bypass viewing any terms or conditions. If you do not agree to all terms and conditions, discontinue use of this Web site.
CarTopUp.com reserves all rights to modify, delete or append portions of the Terms of Use, the Privacy Statement and any other terms and conditions at our sole discretion. We recommend you review the Terms of Use and Privacy Statement during each visit to this Web site and note any changes before your continued use of the Web site. Your continued use of the Web site after we post any revisions to the Terms of Use and Privacy Statement constitutes your acceptance of the revised terms and conditions. The date of the last update to the Terms of Use and Privacy Statement is posted at the beginning of this page.
Please visit our Contact Us page if you have any questions or comments regarding the Web site's terms and conditions.

Copyrighted Materials and Trademarks
All content, processes, technology, programs and other materials on this Web site are protected by international copyright laws and are considered intellectual property of CarTopUp.com. CarTopUp.com and its affiliates reserve all ownership of this intellectual property and strictly prohibit you from copying, downloading, uploading, modifying, distributing, transmitting, transferring, reproducing, publishing or creating derivative works from it without prior written consent from CarTopUp.com. You are permitted to download, print or store copies of our content for personal and noncommercial use only. Current and potential CarTopUp.com vendors and investors are permitted to download, print or store copies of selected content for business use connected with the potential or other perspective business relationships with CarTopUp.com. However, all users are forbidden to sell, exploit or engage in the sale of any intellectual property contained on this Web site; users may not post content from this site onto any networked computer environment; transmit it over any media; or corrupt the integrity of it in any manner. Additionally, altering our copyright and/or trademark notices or transmitting pornographic, obscene, libelous, threatening, defamatory or unlawful or otherwise unauthorized materials to or from this Web site is strictly prohibited.
The CarTopUp.com names, logos, product names and other indicated marks are the trademarks and service marks owned by CarTopUp.com. All other brands and marks referenced on this Web site are the exclusive properties of their respective companies.

Links
For your convenience, this Web site provides links to Web sites owned and operated by third parties. We do not endorse or claim responsibility for any content on these third party Web sites. Neither are we responsible for their privacy or security practices (CarTopUp.com's privacy and security practices are discussed at length in our Privacy Statement below). Please proceed with caution when visiting third party Web sites by learning about their terms of use, privacy policies and security practices. CarTopUp.com may remove any link to a third party's web site at any time. CarTopUp.com disclaims any responsibility for any consequence of your use of any third party web site accessed via a link from the Web site.

Security
You consent not to breach or attempt to breach the security of our Web site. Obstructing the proper functioning of this Web site or any activity conducted on this Web site is strictly prohibited. Activities that may breach CarTopUp.com security measures or obstruct the Web site's service include, but are not limited to:

  • Sending viruses to the Web site, "flooding", "spamming", "mail bombing", "crashing" or overloading the Web site's server
  • Sending unsolicited e-mail
  • Logging onto a server or account and accessing data without authorization
  • Probing, scanning or testing the Web site's network or system for any vulnerabilities without authorization

CarTopUp.com will seek to prosecute any user who breaches the security of our Web site or obstructs its proper functioning in any manner.

Indemnity, Disclaimer and Limitation of Liability
You agree to indemnify and hold CarTopUp.com, its affiliates, subsidiaries, employees, officers, directors, agents and vendors harmless from any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or relating to your use of this Web site.

THIS WEB SITE AND ITS CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. CARTOPUP.COM EXPLICITELY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
CARTOPUP.COM, OUR AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND VENDORS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, EVEN IF CARTOPUP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES ARISING OUT OF YOUR VIOLATION OF THE TERMS AND CONDITIONS PUT FORTH IN THIS WEB SITE. LIMITATIONS OF LIABILITY OR CONSEQUENTAL DAMAGES MAY NOT BE APPLICABLE IN CERTAIN JURISDICTIONS.
CARTOPUP.COM DOES NOT WARRANT OR GUARANTEE THAT THE CONTENT ON THIS WEB SITE IS COMPLETE, TIMELY, ACCURATE, USEFUL, CURRENT OR RELIABLE. THIS WEB SITE, AT TIMES, MAY OPERATE WITH INTERRUPTION OR ERROR.
ANY COMMENTS SUBMITTED OVER THE WEB SITE TO CARTOPUP.COM SHALL BECOME EXCLUSIVE PROPERTY OF CARTOPUP.COM. CARTOPUP.COM RETAINS ALL RIGHTS TO USE, PUBLISH, DISTRIBUTE, DISCLOSE AND REPRODUCE YOUR COMMENTS WITHOUT RESTRICTION OR COMPENSATION TO YOU. NO COMMENTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARTOPUP.COM OR VIA THIS WEB SITE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE NOT EXPLICITLY STATED IN THE TERMS OF USE.

Notice
These terms and conditions represent the entire agreement between all parties and supercede all prior agreements and representations between them. Your access and continued use of this Web site represents your agreement to adhere to these terms and conditions and all applicable laws as governed by the laws of the Hong Kong, Special Administrative Regions of the People’s Republic of China. This agreement shall be governed by the laws of the Hong Kong, Special Administrative Regions of the People’s Republic of China. Any litigation arising out of or in connection with your use of this Web site shall exclusively be in the jurisdiction of courts of competent jurisdiction located in Hong Kong. By using this site, you acknowledge that you have availed yourself of the laws of the Hong Kong, Special Administrative Regions of the People’s Republic of China and are subject to its jurisdiction regarding any claim arising from your use of this site. The failure of CarTopUp.com to act with respect to any violation of these terms and conditions shall not constitute a waiver of any right or provision within these terms and conditions. If any court of competent jurisdiction holds any provision within these terms and conditions to be invalid or unenforceable, CarTopUp.com shall reform the provision only to the extent to make it valid and enforceable and all other provisions of these terms and conditions shall remain in full force or effect.

Privacy Statement
Please note, this Privacy Statement applies only to online guests and information collected via the Web site.

Personally Identifiable Information
CarTopUp.com is committed to providing our online guests the opportunity to browse our Web site in a comfortable environment. This commitment is part of our overall mission to provide a compelling place to shop, work and invest while making our Web site a compelling place to learn more about our Company, products, careers, investment opportunities, vendor opportunities and much more. To provide such a place, we have taken every reasonable precaution to protect your privacy while you visit our Web site.
You may easily browse most pages and take advantage of their features without divulging any personally identifiable information (termed "personal information" herein) such as your name, address, phone number, fax number or e-mail address to us. However, the Web site does contain offers to sign up for investor relations information, surveys and e-mail notifications as well as submission forms for contacting CarTopUp.com. Future features may include online promotions, contests, e-newsletters and other such electronic communications and transactions. These popular features may require you, the user, to provide us with personal information.
You may choose not to provide CarTopUp.com with any personal information, but please note you may not be able to use some of the features listed above. If you choose to provide CarTopUp.com with personal information, CarTopUp.com will use the information for the express purposes identified in this Privacy Statement at the time it was submitted or collected. CarTopUp.com will never use your personal information for any other purpose without your authorization and will not sell or rent your personal information to any third parties unaffiliated with CarTopUp.com except as identified in this Privacy Statement at the time the information was submitted or collected. CarTopUp.com may, however, supply such information to its employees, affiliates, agents, subsidiaries, representatives and other business partners for the limited purposes discussed below in "All User Information."
CarTopUp.com may also be required to disclose your personal information if necessary to act in accordance with legal proceedings; to protect the rights or safety of CarTopUp.com, its employees or customers; and to satisfy the terms of a merger, acquisition, sale or other transfer of any CarTopUp.com assets.

Children and Personal Information
With the unregulated and constantly changing environment of the Internet, CarTopUp.com recognizes the importance of safeguarding access to the personal information of children. For this reason, CarTopUp.com does not intentionally or knowingly collect personal information from children under the age of 13. If we should collect personal information from a child under the age of 13 unintentionally, upon notice of such unintentional collection, CarTopUp.com will immediately dispose of the information. CarTopUp.com encourages parents, teachers and childcare providers to closely monitor children’s online activities.

 

Aggregate Information
CarTopUp.com uses a standard log to measure traffic on its Web site. The log collects technical and general information about online traffic, including Internet Protocol ("IP") addresses, commonly-used browser types, number of hits, popular pages, commonly-used operating systems and most popular downloads. These types of technical and general information contain no personally identifiable components and may be used in conjunction with other information, such as user demographics, to compile group, or aggregate, information about our online guests.
Some aggregate information may be collected through the use of cookies, or small text files stored on your computer's hard drive by our server(s). Cookies store your preferences and recall those preferences after identifying you as a returning visitor to our Web site. This type of cookie is called a persistent cookie, meaning it is stored on your hard drive for a specific period of time. CarTopUp.com may also use session ID cookies, which become inactive once you close your browser. You may choose to browse our Web site without cookies, but disabling cookies on your browser may limit your use of certain features. You may disable cookies by configuring your browser to do so (See "Help" in your browser's menu). To learn more about cookies and your privacy, visit Webopedia.


All User Information
Information about our online guests is collected for the common purposes of communicating with our guests through e-mail and other means, providing quality customer service to guests who contact us, improving the features of our Web site and enabling access to Web site features such as vendors' online systems. You will receive e-mail messages from CarTopUp.com if you sign up to receive our informational e-mails; if you e-mail us any queries or comments regarding CarTopUp.com or our Web site; or if similar reasons to contact you via e-mail arise.
Access to your information by CarTopUp.com's employees, affiliates, agents, subsidiaries, representatives and other business partners will be given on a need-to-know-basis only.
If you have any questions regarding our use of your personal information, please visit our Contact Us page and submit an inquiry.

Security Measures
CarTopUp.com has undertaken several steps to protect your personal information from unauthorized use. Your information is protected by technical and physical security measures, including firewalls and servers at secured sites, and through administrative measures like the continuous active monitoring of our systems. However, please remember that, due to the nature of the Internet, CarTopUp.com cannot guarantee the unconditional safety of any data you transfer to us electronically including via the Internet or e-mail.


Disclaimer
Forward-looking Statements, Investor Relations Information and Content
This Web site has been prepared solely for the purpose of providing information about CarTopUp.com. No representation is made as to the completeness or accuracy of the information on this Web site. The press releases and the reports filed by CarTopUp.com with the Securities and Exchange Commission and listed on the web site speak only as of the respective dates on which they were distributed or filed by CarTopUp.com. The contents of these releases and reports can become out-of-date. CarTopUp.com makes no commitment, and disclaims any duty, to update any releases, reports or other information on this site. CarTopUp.com reserves the right to add, modify or delete any information on this web site at any time.
This web site contains historical and forward-looking information. These forward-looking statements address the Company's plans and activities or events which the Company expects will or may occur in the future, such as future capital expenditures, store openings, closings, renovations, expansions and relocations, additional distribution facilities, sales, cost of sales, expenses and earnings and other aspects of the Company's business and operations.
The Company cautions that a number of important factors could cause actual results to differ materially from those expressed in any forward-looking statements, whether written or oral, made by or on behalf of the Company. These forward-looking statements address the Company's plans, activities or events, which the Company expects will or may occur in the future. Various risks, uncertainties and other factors could cause actual results to differ materially from those expressed in any forward-looking statement. Such risks, uncertainties and other factors include, but are not limited to:

  • competitive factors and pricing pressures, including energy prices,
  • changes in economic conditions,
  • the impact of acts of war or terrorism,
  • changes in consumer demand and product mix,
  • unusual weather, natural disasters or pandemic outbreaks that may impact sales and/or operations,
  • the impact of inflation,
  • merchandise supply and pricing constraints,
  • success of merchandising and marketing programs,
  • the Company's ability to successfully execute its ongoing operational functions,
  • general transportation or distribution delays or interruptions,
  • dependence on imports,
  • changes in currency exchange rates, trade restrictions, tariffs, quotas, and freight rates,
  • success of new store opening programs, costs and delays associated with building, opening and operating new distribution facilities and stores,
  • costs and/or failure to achieve results associated with the implementation of programs, systems and technology, including merchandising and supply chain processes, store technology, cooler installations and related food programs, Urban Initiative programs, and real estate expansion goals,
  • changes in food and energy prices and their impact on consumer spending and the Company's costs,
  • changes in shrinkage,
  • the Company's ability to attract and retain employees,
  • changes in interpretations or applications of accounting principles,
  • failure to comply with covenants governing our indebtedness,
  • changes in state or federal laws or regulations, including the effects of legislation and regulations on wage levels and entitlement programs,
  • progress or results of the Company's review of stock option practices,
  • the impact of any restatement of financial statements of the Company or other actions, charges or costs that may be taken or required as a result of such review,
  • the possibility that the Company will continue to be unable to timely file reports with the SEC, or
  • litigation and governmental investigations or proceedings resulting from the Company's stock option practices and/or the results of the Company's review of those practices.

Consequently, all of the forward-looking statements made by the Company on this website and in other documents or statements are qualified by these and other factors, risks and uncertainties, including those set forth under "Cautionary Statement Regarding Forward-Looking Statements" or "Risk Factors" in the Company's Annual Report on Form 10-K and Quarterly Reports on Form 10-Q filed or to be filed. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the dates which they were made. The Company does not undertake to publicly update or revise its forward-looking statements even if experience or future changes make it clear that projected results expressed or implied in such statements will not be realized, except as may be required by law. ​

 
 
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