1. Posting any information which is incomplete, false or inaccurate not your own.
2. Posting information such as opinions or notices, commercial or otherwise, or any inappropriate information to a community environment such as profanity and pornography.
3. Uploading onto the pages of TOTO USA messages containing racial, ethnic, or religious slurs or similar epithets, or advocating violence or containing other language that is deeply or widely offensive.
4. Publishing on the pages of TOTO USA any information or other content that contains any charity requests, petitions for signatures, or solicitation of other users to use specific goods or services (except through bona fide advertisements).
5. Conducting any activity, or soliciting the performance of any illegal activity or other activity, that infringes the rights of TOTO USA, or any of its information providers, bona fide advertisers, or other users.
6. Posting any information for business or other commercial use including without limitation advertisements or solicitations of business.
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7. Posting material that is copyrighted, or otherwise owned by a third party, unless you are the copyright owner or have the permission of the owner to post it;
8. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
9. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
10. Posting material that is obscene, pornographic, sexually explicit, defamatory, threatening, harassing, abusive, or discriminatory, to another user or any other person or entity;
11. Posting chain letters or pyramid schemes;
12. Impersonating another person; or,
13. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.
14. Attempting to interfere in any way with TOTO USA networks or network security, or attempting to use the TOTO USA service to gain unauthorized access to any other computer system.
15. Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nationals in violation of U.S. export control laws.

Disclaimer of Liability and of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

Use of our Services is at your own risk and we shall not be liable for any harm to you or others resulting from such use. IN NO EVENT SHALL TOTO USA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES FROM THE TOTO USA WEB SITE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY. We are not responsible for the disclosure of any information about you to anyone who accesses your information using your password and user account information.

TOTO USA does not represent or guarantee the truthfulness, accuracy, availability or reliability of any product information appearing on our Site.

TOTO USA has no responsibility for the content or information of third-parties on the Internet, even if accessed through TOTO USA’s pages. NEITHER TOTO USA, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TOTO USA WEB SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (1) YOUR USE THE TOTO USA WEB SITE, (2) YOUR INABILITY TO USE THE TOTO USA WEB SITE, (3) PRODUCTS OR SERVICES NOT BEING AVAILABLE TO YOU; (4) THE COST YOU INCUR TO OBTAIN SUBSTITUTE GOODS OR SERVICES, (5) ANY DAMAGE YOU INCUR RESULTING FROM ANY GOODS OR SERVICES YOU PRUCHASE OR OBTAIN THROUGH THIS SITE OR RESULTING FROM UNAUTHORIZED ACCESS OR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE DAMAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (6) ANY BREACH OF WARRANTY WHETHER EXPRESS OR IMPLIED. YOU AS THE USER EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ANY THIRD PARTY CONTENT.

Because some Countries and States do not allow the exclusion or limitation of liability for consequential or incidental damages, TOTO USA’s liability is limited to the greatest extent permitted by law.

Notwithstanding any other term contained in these Terms and Conditions, TOTO USA accepts no liability for death or personal injury caused by the negligence of TOTO USA. TOTO USA accepts no responsibility or liability for any loss, cost, claim or expense arising from any reliance on services or products provided by or through TOTO USA. BY USING THIS SITE YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH ERRORS IN ANY AND ALL INFORMATION CONTAINED ON THIS SITE AND TO HOLD US HARMLESS FROM ANY CLAIMS RELATING TO SUCH ERROR IN EXCHANGE FOR YOUR USE OF THE SITE.

We do not own or control other networks, other sites or hyperlinked sites outside of our own Site. These include the outside vendors that are accessed through our site. We provide such links for your convenience only and are not responsible for the content of any site so linked. The fact that we provide a link to another site does not mean that we approve of, recommend or endorse the site or the products or services on that site, other than the sites of our affiliates. We disclaim all warranties, express or implied, as to the accuracy, availability, legality, reliability or validity of any content on any other site. By using our Site you waive any claim you might have against us with respect to sites linked to our Site. We are not responsible or liable for performance (or non-performance) within such networks or within interconnection points between our Site and other networks and/or sites that are operated by third parties. We also make no representation regarding your ability to transmit and receive information from or through our Site and you agree and acknowledge that at times your ability to access our Site may be impaired or disrupted. Although we will use commercially reasonable efforts to take any action we deem appropriate to remedy and avoid such events, we cannot guarantee they will not occur, and accordingly we disclaim any and all liability resulting from or related to such events.

THE TOTO USA SITE AND OUR SERVICES AND INFORMATION POSTED ON OUR SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TOTO USA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, PRODUCTS, SOFTWARE, TEXT, GRAPHICS, OR LINKS. Descriptions of, or references to, products or publications does not imply endorsement of that product or publication. The content of all advertisements appearing in this document and its component documents and/or files is the sole responsibility of the company placing the ad. TOTO USA does not endorse either the accuracy or reliability of the content of the advertisements, or of any products connected therewith.

TOTO USA DOES NOT WARRANT THAT (1) THE SITE WILL OPERATE ERROR-FREE; (2) THIS SITE WILL MEET YOUR REQUIREMENTS; (3) THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (4) THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS; (5) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (6) THE QUALITY OF ANY PRODUCT SERVICE OR INFORMATION OT OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS; OR (7) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING, CORRECTING OR REPLACING EQUIPMENT OR DATA, YOU ARE RESPONSIBLE FOR THOSE COSTS AND DAMAGES AND NOT TOTO USA OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS.

NOTHING IN THE MATERIALS ON OUR SITE, AND NO INFORMATION OR ADVICE GIVEN TO YOU BY TOTO USA, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTIES UNLESS SUCH WARRANTY IS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TOTO USA Security Rules.

Violations of system or network security may result in civil or criminal liability. TOTO USA will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

1. accessing data not intended for such user or logging into a server or account which user is not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Termination of Service.

TOTO USA may terminate your use of the Site or any of our services at any time and for any reason without notice for conduct violating these guidelines for use or terms and conditions contained on other pages of this Site.

Indemnity.

You agree to defend, indemnify, and hold harmless TOTO USA, Inc., its affiliated companies, licensors, employees, agents, and any third party information providers as well as it’s officers, directors, employees and agents, from and against any claims, actions or demands, (including without limitation reasonable legal and accounting fees) alleging or resulting from (a) with respect to you: (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of these Terms and Conditions; (b) any damage or destruction to our Site or to us, or to another person or party which damage is caused by or otherwise results from your acts or omissions. TOTO USA shall provide notice to you at the e-mail address you provide us promptly of any such claim, suit, or proceeding. You are responsible for ensuring that the e-mail address is current and operable.

Confidentiality.

You acknowledge that your communications to, from and through this Site are not confidential and that your communications may be read or accessed by others. If you send any communication to our Site (including comments, data, questions, suggestions, etc.) we will treat all such material as our property. Thus you give us any and all of your rights to such material and our use of the material. You give up your proprietary rights, your privacy rights, your rights to credit or compensation for the material or idea, and all other rights. By sending materials to our Site you authorize us to publish, broadcast, adapt, change disclose, copy, license, post, sell, transmit or use the material anywhere in the world in any medium forever without any compensation to you. TOTO USA reserves the right at all times to disclose any information posted by you or provided to TOTO USA as necessary to satisfy any law, regulation or governmental request.

General

TOTO USA makes no claims the Materials or services are appropriate or may be downloaded outside of the United States. Access to the Materials and services may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

If you are dissatisfied with our Site, our services or the products listed, your sole and exclusive remedy is to discontinue use of the Site.

These Terms and Conditions constitute the entire agreement and understanding between you and TOTO USA and supercedes any prior agreements or understandings governing you use of this Site.

These Terms and Conditions are governed by the federal and state laws of the State of Delaware, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions or our Privacy Policy shall be in appropriate state or federal court located in Clayton County, Georgia.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. Section titles are for convenience only and have no legal or contractual effect.

Our failure to enforce or exercise any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. No waiver of any term of these Terms and Conditions shall be effective unless in writing signed by us. No waiver shall be deemed a further or continuing waiver of such term or any other term.

Any claim by a user or users with respect to TOTO USA or against TOTO USA must be instituted within one year of the claim arising, or be barred.

Any inquiries concerning these Terms and Conditions should be directed to webinfo@totousa.com.

Proprietary Rights Notice for TOTO USA Copyright © 2009, TOTO USA, Inc. All Rights Reserved.