Welcome to Totts, Inc. ( "Totts" ) website located at totts.co (the "Site"). Please read these Terms of Service (the "Terms") carefully because they govern your use of our Site and our services accessible via our Site. To make these Terms easier to read, the Site, our services and products are collectively called the "Services."
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, please do not use the Services.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may modify, change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Totts and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services, including making a purchase via the Site, you’ll have to supply account information ( "Account" ). You can do this via the Site when you first customize your box. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Whether you are an Account holder or a visitor (each, a "User" ), we welcome feedback, comments and suggestions for improvements to the Services ( "Feedback" ). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
We cannot guarantee the availability of the products listed on our Site or that products will always be in stock. If a product is not available by the time we are processing your order, we will notify you of this via e-mail and supply appropriate equivalent substitution based on availability. We reserve the right to limit quantities in certain circumstances. You will receive a shipping confirmation via e-mail once the product you’ve purchased has shipped or is being delivered. All prices shared with the User are quoted in U.S. dollars, unless otherwise indicated. The risk of loss and title for items purchased by you pass on to you upon our delivery of the items to the carrier.
We work hard to ensure the accuracy of our pricing quotes. Despite our efforts, pricing errors may still occur. If a product's final price is higher than the price quoted, we will confirm with you the final price and offer to cancel the order of that product.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you delivery information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
We accept returns on unused boxes. To refund your purchase you will need to send the entire box back to Totts for a full refund of the purchased price.
Content and Content Rights
For purposes of these Terms: (i) "Content" means information or other materials that are posted, generated, provided or otherwise made available through the Services, including but not limited to text, graphics, images, software, videos, or works of authorship of any kind; and (ii) "User Content" means any Content that you (whether you are an Account holder or a visitor) provide to be made available through the Services, including but not limited to any opinions expressed by you. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Totts does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Totts and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Totts a non-exclusive, worldwide, perpetual, irrevocable royalty-free license with the right to grant sub-licenses to use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute copies of your User Content in connection with operating and providing the Services and Content to you and other Users. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Totts on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Any opinion provided by our Users is that of the User expressing such an opinion and does not reflect the opinion of Totts.
General Prohibitions and Totts’ Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services or any individual element within the Services, Totts’ name, any Totts trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Totts’ express written consent;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Totts or any of Totts’ providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Totts or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Totts trademark, logo URL or product name without Totts’ express written consent;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. The following Sections will survive any termination, discontinuation or cancellation of Services or your Account: Feedback; Content Ownership, Indemnity; Limitation of Liability; Termination; Dispute Resolution; and General Terms.
THE SERVICES, MATERIALS AND CONTENT PROVIDED IN CONNECTION WITH THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICES AND PURCHASE OF ANY PRODUCTS IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE AND VIA THE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS (IF ANY).
We make no warranty that the Products and/or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content, including but not limited to the availability and/or pricing of products or services sold via the Services. All products are intended for adult use and interaction and should only be used with adult supervision.
Each user shall indemnify, defend and hold Totts and its officers, directors, affiliates, employees and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services; his or her submission, posting or transmission of Content or his or her violation of the Terms.
Limitation of Liability
USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF SERVICES, INFORMATION, RECOMMENDATIONS, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
These Terms and any action related thereto will be governed by the laws of the State of Massachusetts without regard to its conflict of laws provisions.
This Agreement constitutes the entire agreement between you and Totts with respect to the Site and Services. Failure by Totts to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
If you have any questions about these Terms or the Services, please contact Totts at firstname.lastname@example.org