| Welcome to the website (the
"Site") of ToastyBoots.com, Inc. ("ToastyBoots.com").
ToastyBoots.com provides its services to you subject to the notices, terms, and
conditions set forth in this agreement (the "Agreement"). In addition,
when you use any ToastyBoots.com service (e.g., Customer Reviews), you will be
subject to the rules, guidelines, policies, terms, and conditions applicable to
such service, and they are incorporated into this Agreement by this reference.
ToastyBoots.com reserves the right to change this Site and these terms and
conditions at any time. ACCESSING, BROWSING OR OTHERWISE
USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS
AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18
years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, ToastyBoots.com hereby
grants you a limited, revocable, non-transferable and non-exclusive license to
access and use the Site by displaying it on your internet browser only for the
purpose of shopping for personal items sold on the Site and not for any
commercial use or use on behalf of any third party, except as explicitly
permitted by ToastyBoots.com in advance. Any breach of this Agreement shall
result in the immediate revocation of the license granted in this paragraph
without notice to you.
Except as permitted in the paragraph above, you may not reproduce,
distribute, display, sell, lease, transmit, create derivative works from,
translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit
this Site or any portion of it unless expressly permitted by ToastyBoots.com in
writing. You may not make any commercial use of any of the information provided
on the Site or make any use of the Site for the benefit of another business
unless explicitly permitted by ToastyBoots.com in advance. ToastyBoots.com
reserves the right to refuse service, terminate accounts, and/or cancel orders
in its discretion, including, without limitation, if ToastyBoots.com believes
that customer conduct violates applicable law or is harmful to ToastyBoots.com's
interests.
You shall not upload to, distribute, or otherwise publish through this Site
any Content, information, or other material that (a) violates or infringes the
copyrights, patents, trademarks, service marks, trade secrets, or other
proprietary rights of any person; (b) is libelous, threatening, defamatory,
obscene, indecent, pornographic, or could give rise to any civil or criminal
liability under U.S. or international law; or (c) includes any bugs, viruses,
worms, trap doors, Trojan horses or other harmful code or properties.
ToastyBoots.com may assign you a password and account identification to
enable you to access and use certain portions of this Site. Each time you use a
password or identification, you will be deemed to be authorized to access and
use the Site in a manner consistent with the terms and conditions of this
Agreement, and ToastyBoots.com has no obligation to investigate the
authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF
THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO
YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY
YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL
OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED
THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting
the security and confidentiality of the password and identification assigned to
you. You shall immediately notify ToastyBoots.com of any unauthorized use of
your password or identification or any other breach or threatened breach of this
Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this
Agreement or on the Site, anything that you submit or post to the Site and/or
provide ToastyBoots.com, including without limitation, ideas, know-how,
techniques, questions, reviews, comments, and suggestions (collectively,
"Submissions") is and will be treated as nonconfidential and
nonproprietary, and ToastyBoots.com shall have the royalty-free, worldwide,
perpetual, irrevocable and transferable right to use, copy, distribute, display,
publish, perform, sell, lease, transmit, adapt, create derivative works from
such Submissions by any means and in any form, and to translate, modify,
reverse-engineer, disassemble, or decompile such Submissions. All Submissions
shall automatically become the sole and exclusive property of ToastyBoots.com
and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post
comments or reviews to the Site, you also grant ToastyBoots.com the right to use
the name that you submit with any review, comment, or other Content, if any, in
connection with such review, comment, or other content. You represent and
warrant that you own or otherwise control all of the rights to the reviews,
comments and other Content that you post on this Site and that use of your
reviews, comments, or other Content by ToastyBoots.com will not infringe upon or
violate the rights of any third party. You shall not use a false e mail address,
pretend to be someone other than yourself or otherwise mislead ToastyBoots.com
or third parties as to the origin of any Submissions or Content. ToastyBoots.com
may, but shall not be obligated to, remove or edit any Submissions (including
comments or reviews) for any reason.
COPYRIGHT AND PATENTS
All text, graphics, button icons, images,
audio clips, and software (collectively, "Content"), belongs exclusively
to ToastyBoots.com or its Content suppliers. The collection, arrangement, and
assembly of all Content on this Site (the "Compilation") belongs
exclusively to ToastyBoots.com. All software used on this Site (the
"Software") is the property of ToastyBoots.com or its Software suppliers.
The Content, the Compilation and the Software are all protected by U.S. and
international copyright laws. ToastyBoots.com, Inc. is licensed under U.S.
Patent 5,721,832.
TRADEMARKS
ToastyBoots, ToastyBoots.com, and other logos, slogans,
trade names or words are registered trademarks, trademarks or service marks of
ToastyBoots.com, its suppliers, or third parties. The use of any ToastyBoots.com
trademark or service mark without ToastyBoots.com's express written consent is
strictly prohibited. You may not use any ToastyBoots.com trademark or service
mark in connection with any non-ToastyBoots.com product or service or in any way
that is likely to cause confusion. You may not use ToastyBoots.com's trademarks
or service marks in any manner that disparages or discredits ToastyBoots.com.
You may not use any of the ToastyBoots.com trademarks or service marks in meta
tags without the prior explicit consent of ToastyBoots.com.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon ToastyBoots.com's delivery of the items to the carrier pursuant to ToastyBoots.com's standard terms of sale, which you may access here http://www.ToastyBoots.com (and on the webpages to which that webpage links).
TERMINATION AND EFFECT OF TERMINATION
In addition to any other
legal or equitable remedies, ToastyBoots.com may, without prior notice to you,
immediately terminate the Agreement or revoke any or all of your rights granted
under this Agreement. Upon any termination of this Agreement, you shall
immediately cease all access to and use of the Site and ToastyBoots.com shall,
in addition to any other legal or equitable remedies, immediately revoke all
password(s) and account identification issued to you and deny your access to and
use of this Site in whole or in part. Any termination of this Agreement shall
not affect the respective rights and obligations (including without limitation,
payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other
than the United States. This Site may contain products or references to products
that are not available outside of the United States. Any such references do not
imply that such products will be made available outside the United States. If
you access and use this Site outside the United States you are responsible for
complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, A COPY OF WHICH YOU MAY ACCESS HERE http://www.ToastyBoots.com (and on the webpages to which that webpage links), THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY ToastyBoots.com ON AN "AS IS" BASIS. ToastyBoots.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE http://www.ToastyBoots.com (and on the webpages to which that webpage links). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ToastyBoots.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. ToastyBoots.com DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ToastyBoots.com WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR
CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ToastyBoots.com'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE
FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES
ACTUALLY PAID BY YOU TO ToastyBoots.com DURING THE MONTH IMMEDIATELY PRECEDING
THE ACT ALLEGEDLY GIVING RISE TO ToastyBoots.com'S LIABILITY.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an
incorrect price or with incorrect information due to typographical error or
error in pricing or product information received from our suppliers,
ToastyBoots.com shall have the right to refuse or cancel any orders placed for
product listed at the incorrect price. ToastyBoots.com shall have the right to
refuse or cancel any such orders whether or not the order has been confirmed and
your credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, ToastyBoots.com shall immediately issue a
credit to your credit card account in the amount of the charge.
LINKS
This site may contain links to other sites on the Internet
that are owned and operated by third parties. You acknowledge that
ToastyBoots.com is not responsible for the operation of or content located on or
through any such site.
COPYRIGHT COMPLAINTS
ToastyBoots.com respects the intellectual
property of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please follow our Notice and Procedure for Making
Claims of Copyright Infringement.
REMEDIES
You agree that ToastyBoots.com's remedy at law for any
actual or threatened breach of this Agreement would be inadequate and that
ToastyBoots.com shall be entitled to specific performance or injunctive relief,
or both, in addition to any damages that ToastyBoots.com may be legally entitled
to recover, together with reasonable expenses of any form of dispute resolution,
including, without limitation, attorneys' fees.
No right or remedy of ToastyBoots.com shall be exclusive of any other,
whether at law or in equity, including without limitation damages injunctive
relief, attorneys' fees and expenses.
No instance of waiver by ToastyBoots.com of its rights or remedies under
these terms and conditions shall imply any obligation to grant any similar,
future or other waiver.
APPLICABLE LAW
This site is created and controlled by
ToastyBoots.com in the State of Nevada, USA. As such, the laws of the State of
Nevada will govern these disclaimers, terms, and conditions, without giving
effect to any principles of conflicts of laws.
OUR ADDRESS
Please send any questions or comments (including all
inquiries unrelated to copyright infringement) regarding this Site to:
ToastyBoots.com, Inc.
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