TOSS TERMS OF SERVICE
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Toss, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
01. Your Toss.fashion Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Toss may change or remove any account that it considers inappropriate or unlawful, or otherwise likely to cause Toss liability. You must immediately notify Toss of any unauthorized uses of your account or any other breaches of security. Toss will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
02. Responsibility of Website Visitors. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Toss disclaims any responsibility for any harm resulting from the use by visitors of the Website.
03. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which toss.fashion links, and that link to toss.fashion. Toss does not have any control over those non-Toss websites and webpages, and is not responsible for their contents or their use. By linking to a non-Toss website or webpage, Toss does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Toss disclaims any responsibility for any harm resulting from your use of non-Toss websites and webpages.
04. Intellectual Property. This Agreement does not transfer from Toss to you any Toss or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Toss. Toss, toss.fashion, toss.fashion logo, and all other trademarks, service marks, graphics and logos used in connection with toss.fashion, or the Website are trademarks or registered trademarks of Toss or Toss’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Toss or third-party trademarks.
05. Changes. We are constantly updating the Website and smartphone application, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication. Your continued use of toss.fashion will be subject to the new Terms and indicates consent to the new Terms.
06. Termination. Toss may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your toss.fashion Account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
07. Disclaimer of Warranties. The Website is provided “as is”. Toss and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Toss nor its suppliers and licensors, makes any warranty that the Website or smartphone application will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
08. Limitation of Liability. In no event will Toss, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Toss under this agreement during the twelve (12) month period prior to the cause of action. Toss shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. Indemnification. You agree to indemnify and hold harmless Toss, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
11. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
12. Miscellaneous. This Agreement constitutes the entire agreement between Toss and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Toss, or by the posting by Toss of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Georgia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fulton County, Georgia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement that could not be resolved informally shall be finally settled by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA. The arbitration shall take place in Atlanta, Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Toss may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns