Terms of Use Agreement with Tough Lotus
IMPORTANT – PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE AND/OR PURCHASING ANY OF TOUGH LOTUS, LLC’S, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AN AUTHORIZED USER AND ELIGIBLE TO USE THIS WEB SITE AND PLACE AN ORDER FOR ANY OF TOUGH LOTUS’S PRODUCTS OR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE OR USE ANY OF THE PRODUCTS AND SERVICES OFFERED BY TOUGH LOTUS.
TERMINOLOGY
“User”, “You”, and/or “Your”: Refers to you, the person accessing this web site and accepting the terms and conditions set forth by Tough Lotus.
“Authorized User”: Refers to individuals at least 13 years of age. If you are 13 to 17 years of age, you may not access this Web Site or purchase any of the Products or Services offered by Tough Lotus without the supervision and involvement of your parent or guardian.
“Web Site”: www.toughlotus.com
“Content”, “Products”, and/or “Services”: Refers to all the search pages, online help, videos, text, images, audio, and all other content provided by Tough Lotus or hosted on the web site or otherwise offered by Tough Lotus.
“Tough Lotus”: Tough Lotus, LLC, the owner of the Web Site, Products, and Services.
These Terms of Use govern and apply to your access to and use of this Web Site and/or any of the Products and Services offered by Tough Lotus. You must read these Terms of Use carefully before using the Web Site or placing an order for the Products or Services provided by Tough Lotus. By using and accessing this Web Site you agree that you have read, understand, and agree to the Terms of Use in their entirety. If you do not agree to these Terms of Use in their entirety, do not use this Web Site or any of the Products and Services offered. Tough Lotus may from time to time make amendments to this Agreement. Such amendments will become effective when Tough Lotus posts an updated Terms of Use Agreement on the Web Site, or when Tough Lotus otherwise provides notice to the User of any amendments. The User is responsible for periodically checking the posted Terms of Use Agreement for updates, and User shall be bound by the terms set forth by the Terms of Use Agreement upon accessing the Web Site. Any amended Terms of Use Agreement shall supersede the previous version of the Terms of Use Agreement.
User Conduct
Users of this Web Site and/or the Products and Services shall not copy, use, modify, re-produce, or distribute, any of the Content, Products, or Services provided without the prior written consent of Tough Lotus. Users of the Web Site shall not remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Web Site, Products, or Services. In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Web Site.
Privacy Policy
Please refer to Tough Lotus’s Privacy Policy for information about how Tough Lotus uses and collects information.
Cancellation and Refund Policy
Please refer to Tough Lotus’s Refund/Cancellation Policy for information.
Termination
Tough Lotus reserves the right to immediately terminate your use of, or access to, this Web Site at any time for any reason in its sole discretion. Tough Lotus further reserves the right to modify or discontinue the Web Site or any portion thereof at any time without notice.
Web Site Changes
Tough Lotus may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Web Site or any Products or Services available, temporarily or permanently, including the availability of any features of the Web Site or access to any parts of the Web Site, at any time without notice to you, and you agree that Tough Lotus shall not be liable therefore.
Copyright and Trademarks
Ownership: User acknowledges that as between User and Tough Lotus, ownership in and to the Web site, Products, and Services including but not limited to video, text, still images, audio materials, and all intellectual property or other proprietary rights therein, shall remain with Tough Lotus. Without limiting any other legal rights or remedies Tough Lotus may have, User agrees that any and all use of the Content by User is governed by and shall be in compliance with United States trademark and copyright laws. Nothing in this Agreement shall be construed to give User ownership of the Products, Services, or Web Site. User acknowledges that User has no right to use the content other than as set forth in this Agreement. All rights not expressly granted are reserved to Tough Lotus.
Reporting Infringement: By accessing or using the Web Site, Products, or Services provided by Tough Lotus, Users agree to report to Tough Lotus all claims or suspected claims of copyright or other infringement of Tough Lotus’s intellectual property or other proprietary rights. Claims of infringement should be directed to Tough Lotus , 3050 North Dobson Road Suite 2, Chandler, Arizona, 85224.
Third Party Web Sites/Links
Tough Lotus makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of web sites accessible by hyperlink from this Web Site, or web sites linking to this Web Site. The linked web sites are not under the control of Tough Lotus, and Tough Lotus is not responsible for the content of any linked web site, any link contained in a linked web site, or any review, changes, or updates to such web sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Tough Lotus of the site or any information contained therein. When leaving the web site, you should be aware that Tough Lotus’s Terms of Use no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that web site.
Indemnity
User agrees to defent, indemnify, and hold harmless Tough Lotus, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Web Site or your breach or alleged breach of this Agreement.
Exculsion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS TOUGH LOTUS, ON BEHALF OF OUR PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
User Warranties
By accessing the Web Site or using the Content, Products, or Services the User warrants as follows: (i) User will comply with the Agreement, and any of the amendments as described in Web Site Changes; (ii) any materials User may merge with the Content, Products, or Services, any revision that User may make to the Content, Products, or Services as permitted by this Agreement, do not and will not contain any libelous, unlawful, or infringing materials or content, and will not infringe upon any party’s proprietary rights, including but not limited to statutory or common-law copyright, trademark, and right of privacy; (iii) the Products, Services, and Content shall not be modified or altered except as specifically allowed in this Agreement; (iv) all copyright, trademark, and proprietary notices included with, attached to, or embedded in the Web Site, Products, or Services will be maintained without modification, obstruction, or deletion, including but not limited to proper attribution to Tough Lotus as the owner of the Products, Services, and Contents of the Web Site; and (v) all information shall be maintained confidentially.
Disclaimer of Warranties
THE WEB SITE, PRODUCTS, AND SERVICES ARE PROVIDED AS IS, AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TOUGH LOTUS DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR ACCURACY OF THE PRODUCTS, SERVICES, OR WEB SITE CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOUGH LOTUS OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF TOUGH LOTUS’S OBLIGATIONS HEREUNDER, AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IN NO EVENT SHALL TOUGH LOTUS BE LIABLE FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY.
Miscellaneous
1. Law. This Agreement shall be construed and enforced under the laws of the State of Arizona, USA, without reference to the choice of law principles thereof. User hereby consents that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Web Site.
2. Severability. If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof.
3. Waiver. No waiver of any breach hereof shall be deemed a waiver of any other breach hereof.
4. Remedies. Rights and remedies granted hereunder are cumulative. The exercise of one shall not diminish or affect any other rights or remedies at law or in equity. User’s sole remedy under this Agreement shall be an action at law for damages; User shall not be entitled to equitable relief. In the event that Tough Lotus hires an attorney to enforce any provision(s) of this Agreement, the User Agreement, and/or any matter arising from the relationship of the parties, User shall be responsible to compensate Tough Lotus for its legal fees and costs.
5. Surviving Obligations. Each party’s representations, warranties, indemnities, confidentiality obligations, and the provisions regarding ownership of intellectual property shall survive the expiration or prior termination of this Agreement.
6. Controlling Language. Subscriber agrees that this Agreement has been written in the English language, and all provisions of this Agreement shall be construed and interpreted in the English language as commonly used in the United States of America.
Contacting Tough Lotus
Any questions or comments regarding, or problems with, this Web Site, Products, or Services, should be sent to info@toughlotus.com.
