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.
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.
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.
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.
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.
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.
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.
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
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:
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.
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 firstname.lastname@example.org.
Proprietary Rights Notice for TOTO USA Copyright © 2014, TOTO USA, Inc. All Rights Reserved.