Terms & Conditions
Effective Date of Current Policy: November 24, 2014
2. Electronic communications
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Images of people, places and/or products posted on this Site are either the property of David Fin, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of David Fin or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of David Fin and is protected by United States and international copyright laws. Any unauthorized use of any content on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. No materials or content provided on or through this Site may be reproduced, distributed, publicly performed, publicly displayed, communicated to the public, or used for the creation of a derivative work without the express written permission of the copyright owner of such materials or content. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at firstname.lastname@example.org.
All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to David Fin, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of David Fin, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
5. Limited license and site access
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to, and you agree not to, do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read, including by using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site; (e) upload or otherwise transmit to or through the Site any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that can cause harm or delay to the Site or computers of any kind; (f) gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Site; (g) reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Service, use of the Service, access to the Service or content obtained through the Service, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without our express written consent: (1) copying, caching, recording, compiling, or reformatting any information obtained from the Site for commercial purposes in any fashion whatsoever, (2) framing, embedding and/or passing off information obtained from the Site in such a manner as to present the information as originating from a source other than the Site, or (3) using any trademarks, service marks, design marks, logos, photographs or other content belonging to us obtained from the Site; or (h) assist or permit any persons in engaging in any of the activities described above. There are no implied licenses granted in this Agreement.
6. Accounts, forms, registrations and passwords
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. David Fin is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or David Fin.
You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify David Fin immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that David Fin, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. David Fin cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
7. Content you may submit to David Fin
From time to time David Fin may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities (collectively, “Communications Facilities”). In such instances, David Fin welcomes your comments regarding our products and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to David Fin must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to David Fin will become, upon your submission, the sole and exclusive property of David Fin and David Fin shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that David Fin has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to David Fin. By submitting any materials of any kind to David Fin, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to David Fin does not and will not violate or infringe the rights of any third-parties.
9. Digital millennium copyright act
David Fin respects the intellectual property rights of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. David Fin’s intellectual property policy is to (1) remove material that appears in its sole discretion to infringe upon the intellectual property rights of others, and (2) remove any content posted by and terminate the access rights of any “repeat infringer” (i.e., any user that has uploaded content to the Site and for whom David Fin has received more than two takedown notices compliant with 17 U.S.C. § 512(c) with respect to such content). David Fin has discretion, however, to terminate the account of nay user after receipt of a single notification of claimed infringement or upon David Fin’s own determination.
If you believe a work protected by a U.S. copyright that you own has been posted on this Site without authorization, you may notify our designated agent for notices of claimed infringement at email@example.com. Your notification must include substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed, (2) identification of the works or materials being infringed or, if multiple works are covered by a single notification, a representative list of suck works, (3) identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, (4) information reasonably sufficient to permit us to contact you, (5) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
10. Risk of Loss
All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
11. Links to other websites
Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.
This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOGGERY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY TOGGERY OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, TOGGERY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
14. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVID FIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR TOGGERY'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE; OR (VI) USE OF ANY MERCHANDISE MADE AVAILABLE ON OR THROUGH THE SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DAVID FIN OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DAVID FIN, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DAVID FIN, TOGGERY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT TOGGERY WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
17. Governing law
To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
20. Entire agreement