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Terms & Conditions

Terms & Conditions
Effective Date: April 25, 2014

The TOTO USA site (the “Site”) is maintained by TOTO USA, Inc. (“TOTO USA”), for the purpose of providing information to you about our products and services subject to the following Terms and Conditions and Privacy Policy (“Terms and Conditions”).

By using and accessing this Site, you agree to be bound by, and comply with, these Terms and Conditions and any other terms and conditions or terms of service posted on any individual page of this Site, without limitation or qualification. These Terms and Conditions and any other terms and conditions or terms of service published within the pages of the Site constitute the entire and only agreement between TOTO USA and its users with respect to this Site and supersede all other communications and agreements. Please read this page carefully. If you do not accept the following Terms and Conditions, please do not use this Site. Your continued use of the Site signifies that you have read and understand the Terms and Conditions effective as of the date of your use of the Site. Your rights to use the Site or any rights or grants under these Terms and Conditions are not transferable and are subject to any limits established by TOTO USA.

Changes in Terms and Conditions and Changes in the Site

TOTO USA reserves the right to revise or remove any part of the Terms and Conditions at its sole discretion at any time and without prior notice to you by updating this posting. Therefore, you should visit this page periodically for changes. The Site is continually under development and changes in the Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms and Conditions, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.

User Age and Access

By using this Site you represent that you are a United States of America resident over the age of 18. If you are under the age of 18, you may not use this Site. You are also responsible for, and must make your own arrangements for the provision and payment of all telecommunications and internet related services and other equipment and services necessary to access this Site. You may browse the Site using a current version of a commercially available web browser.

Registration

In order to use certain portions of our Site you may be required to register with TOTO USA. You can do this online by completing the registration form on the applicable page. In our registration form we may ask you to submit your name, address, telephone number, e-mail address and certain other information. You may be asked to choose an account name and a password or identification number. It is your responsibility to keep your account information and password secure. Please do not share your account number or password with others. Anyone who has your account information and password can access our services and freely obtain or tamper with any information posted in your account.

License

The Site, including all of its contents, such as text, images, and the code used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not interfere with the Site or any other user’s use of the Site, and you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of TOTO USA, Inc.

TOTO USA claims no ownership rights in the content placed on the Site by you or other registered users. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information contained on the Site. Our Site may contain or give you access to software tools or databases that allow you to search and retrieve information. You may not sell, rent, lease, lend, or transfer or participate in the sale, rental, lease, loan or transfer of any services provided on this Site and you may not assign or sublicense this license.

Trademarks and Copyrights

All rights in the trademarks, service marks, logos, trade names, product names, product packaging and designs of TOTO USA or third parties belong exclusively to TOTO USA or their respective owners, and are protected understand national and international trademark and copyright laws. Any mark, trademark, product name, company name or logo appearing on the Site may be used only with the written permission of the respective owner, obtained in advance of your use. You may not alter or remove any trademark, copyright or other notice from copies of the content of the Site. Unless otherwise instructed, any other use of the Materials is strictly prohibited.

User Submitted Information

You must exercise caution, good sense and sound judgment in using the Site. You are responsible for any material and information (“Content”) you transmit through our Site or to us. You agree, represent and warrant that any Content you transmit through our Site or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content.

We are not requesting, and you should not send to us, any confidential or proprietary Content unless specifically requested by us. Please note that any unsolicited Content sent to TOTO USA will be deemed not to be confidential or proprietary.

By submitting Content, other than personally identifiable information, you grant to TOTO USA (or warrant that the owner of such information and material has expressly granted to TOTO) a royalty-free, perpetual, irrevocable, and unrestricted right and license to (a) use, reproduce, display, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such Content (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed; (b) exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Content; and (c) use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your Content.

You also hereby grant each user of the Site a non-exclusive license to access your Content through the Site, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under this Agreement. You also agree that TOTO USA is free to use any ideas, concepts, know-how or techniques that you send to TOTO USA for any purpose. PLEASE DO NOT SEND TOTO USE ANY IDEAS, SUGGESTIONS, OR OTHER CONTENT THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION.

You shall not upload, post or otherwise make available on or through the Site any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Notice of Copyright Infringement

If you believe that any Content on our Site infringes upon any copyright which you own or control, you may send a written notification to TOTO USA’s Designated Copyright Agent (the “Designated Agent”) as set forth below.

Designated Agent: TOTO USA General Counsel

Email: mcasaday@totousa.com

If you believe that your copyrighted work is available on the Site in violation of your copyright, you may provide our Designated Agent with a written notice which contains substantially the following information:

  • Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the alleged infringing material.
  • Identify the URL or other specific location on the Site that contains the alleged infringing material described in Item (a) above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.
  • Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
  • Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • Include a statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
  • Include your name, mailing address, telephone number and email address.

TOTO USA has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Site who are deemed to be repeat infringers.

Manufacturer and Product Information

The manufacturer and product information and specifications that are provided on the Site are for your information only. ALL INFORMATION AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. TOTO USA DOES NOT IN ANY WAY REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED. ALL INFORMATION PROVIDED IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW.

Unless otherwise noted, all prices shown on the Site are the manufacturer’s suggested retail price (MSRP). Features, specifications, prices and availability of products and services are subject to change without notice. TOTO USA does not represent that the information about each item on this Site is accurate in regards to pricing or product information at the time you are viewing the Site. If more than one model number appears, it means that there may be differences between the models including functions or dimensions. Letters in model numbers do not necessarily refer to product color. Drawings and diagrams may not be to scale, so you should not rely on them. Although we endeavor to keep our product lists current, some products listed may no longer be available and some information provided may not be current or may have changed since the last time you viewed the information. You should always verify national and local codes, as they may affect your ability to use certain products or models.

Site Monitoring

TOTO USA reserves the right but is not obligated to monitor your use of the Site and may freely disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose. However, it will do so in accordance with TOTO USA’s Privacy Policy. TOTO USA shall have no liability to you for failure to monitor the Site or for doing so in any particular manner.

Specific Prohibited Uses

The Site may be used only for lawful purposes by individuals using authorized services of TOTO USA. The Site is an informational website, and not intended to serve as a forum or conduit for information between users.

  • Except as noted above, you are not granted any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of TOTO USA or any third party. You may not use any meta tags or any other "hidden text" utilizing TOT USA’s name, trademark, or product name without our express written consent.
  • We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of the Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. TOTO USA specifically prohibits any use of the Site and requires all users to agree not to use the Site, for any of the following:

  • Post, upload, share, transmit, distribute, facilitate distribution or otherwise make available to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
  • 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).
  • Posting any information which is incomplete, false or inaccurate or not your own.
  • 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.
  • 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.
  • Posting material that reveals trade secrets, unless you own them or have the permission of the owner.
  • Posting material that infringes on any other intellectual property, privacy or publicity right of another.
  • Posting any information for business or other commercial use including without limitation advertisements or solicitations of business.
  • Impersonate any person or entity, including without limitation any representative of TOTO USA; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Site;
  • Interfere with or disrupt the operation of the Site or others’ use of the Site in any way (including without limitation by hacking or defacing any portion of the Site);
  • eproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site;
  • Disseminate on the Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
  • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site or to collect any information from the Site or any other user of the Site;
  • Attempting to interfere in any way with TOTO USA networks or network security, or attempting to use the TOTO USA Site to gain unauthorized access to any other computer system.
  • 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.
  • Use the Site for any fraudulent or unlawful purpose;
  • Violate any applicable laws or regulations; or
  • Assist or permit any persons in engaging in any of the activities described above.

Social Networking Pages

TOTO USA may maintain a presence on social networking websites, including Facebook, Twitter, YouTube and Flickr, (collectively, “Social Networking Pages”) to provide a place for people to learn more about TOTO USA and to share experiences with our products. All comments, visuals and other materials posted by visitors to our Social Networking Pages do not necessarily reflect the opinions or ideas of TOTO USA. All visitors to our Social Networking Pages must comply with the respective social networking website’s Terms of Use. TOTO USA reviews some but not all postings to our Social Networking Pages, and we will remove any postings that we have determined are inappropriate or offensive.

Disclaimer of Liability and of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

Browsing the Site is at your own risk. TOTO USA is not liable for and assumes no responsibility for any damage to your computer equipment or other property due to access to our Site or the downloading of any information, text, video, audio or images. TOTO USA shall not be liable for any harm to you or others resulting from such use. TOTO USA is 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 has no responsibility for the content or information of third-parties on the Internet, even if accessed through TOTO USA’s pages.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TOTO USA, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE TOTO USA SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, UNFORESEEN, CIRCUMSTANTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (1) YOUR USE OR THIS SITE, (2) YOUR INABILITY TO USE THIS 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 PRODUCTS OR SERVICES YOU PURCHASE 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 AND REGARDLESS OF THE THEORY OF LIABILITY, OR (6) ANY BREACH OF WARRANTY WHETHER EXPRESS OR IMPLIED, WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ANY THIRD PARTY CONTENT ON THIS SITE.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply under some circumstances, and in such instances, TOTO USA’s liability is limited to the greatest extent permitted by applicable law. Your only recourse is to terminate your use of this Site.

Notwithstanding any other term contained in these Terms and Conditions, TOTO USA shall not be liable for any loss, cost, claim or expense you incur arising from your reliance on information or products provided by or through the Site. 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 TOTO USA HARMLESS FROM ANY LIABILITY, LOSS, COST, CLAIM OR EXPENSE RELATING TO SUCH ERROR.

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, or any personal information collected at such sites. 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 ALL INFORMATION, TEXT AND IMAGES 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 WHICH ARE EXPRESSLY DISCLAIMED. TOTO USA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, PRODUCTS, PRODUCT INFORMATION, PRICING, SOFTWARE, TEXT, IMAGES, GRAPHICS, OR SITES LINKED TO THIS SITE. 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) THE 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 OR 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 ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS.

NOTHING IN THE MATERIALS ON THIS 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.

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:

  • accessing data not intended for such user or logging into a server or account which user is not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site or otherwise, 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 or other terms contained on other pages of this Site, or for any other reason at TOTO USA’s sole discretion.

Indemnity

You agree to defend, indemnify, and hold harmless TOTO USA, Inc., its parent companies, its affiliated companies, licensors, employees, agents, and any third party information providers as well as its 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 the Site or to TOTO USA, 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 the 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 that 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 the Site, the 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 supersede 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 © 2014, TOTO USA, Inc. All Rights Reserved.