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Terms of Use. We would like to welcome you to the Totz Only Web Site (hereinafter referred to as “Site”). Please take the time to review the following basic terms that govern your use of and purchase of products from our Site. If you continue to browse and use this Site you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the relationship with you and Totz Only in relation to this Site.
The term “Totz Only” or “us” or “we refers to the ownership of the Site. The term “you” refers to the user or viewer of our Site.
The use of this website is subject to the following terms of use:
* Your use of any information or products on this website is entirely at your own risk, for which we shall not be liable. It is your responsibility to ensure than any products or information available through this website meet your specific requirements.
* This website contains material which is owned by us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and images. Reproduction is prohibited other than in accordance with copyright laws, which forms part of these terms and conditions.
* Unauthorized use of this website may give rise to a claim for damages and/or criminal charges.
* You may not create a link to this website from another website or document without the prior written consent of Totz Only.
Disclaimer of Representations and Warranties. All products, services and information made available on or through this website are provided on an "as is" and "as available" basis, without warranties of any kind, neither expressed nor implied. This disclaimer in no way affects the terms of any manufacturer’s or third party seller’s warranty, if any, related to the goods purchased on this website.
Subject to the foregoing, totzonly.com disclaims all implied warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, and all express warranties except those explicitly made in this statement of legal terms. You acknowledge, by use of the Site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all the necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Totz Only shall not be liable for any damage of any kind related to your use of this Site.
Totzonly.com makes no representation that the information contained on our Site, your results in using this Site or the service itself will be accurate, valid, reliable or available or that it does not violate or infringe the rights of any third party. Totzonly.com makes no representation and specifically disclaims any warranty regarding any site linked to this Site.
You are able to link to other websites which are not under the control of Totz Only. We have no control over the nature, content and availability of those sites. The inclusion of any links does not imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the Site up and running smoothly. However, Totz Only takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Title to goods and merchandise is retained by totzonly.com until goods and merchandise is paid for by the purchaser and at that time title passes to the purchaser. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Inaccuracy Disclaimer. While we strive to ensure that all information on this Site be accurate at all times, from time to time, there may be information on totzonly.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
User Comments, Feedback, Postcards, and Other Submissions. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Totz Only on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively “Comments”) shall be and remain the property of Totz Only. Such disclosure, submission or offer of any Comments shall constitute an assignment to Totz Only of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Totz Only will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Totz Only is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user comments. You agree that no comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Totz Only, may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site contests, promotions and/or requesting promotional information or product updates, you agree that Totz Only may use your non-identifying information for marketing and promotional purposes.
Waiver of Liabilities. You agree that, except as otherwise provided under applicable laws, neither Totz Only nor it affiliates, nor the directors, officers, employees, agents, contractors, successors, or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of the Site or any other website linked to this Site. This waiver of liability applies to direct, indirect, consequential, special, punitive, or other damages, you or others may suffer, as well as damages for lost profits, business interruption, or loss of data or information, even if Totz Only is notified in advance of the potential for any such damages.
Termination. Totz Only may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in the sole discretion of Totz Only, you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as copies of such materials, whether made under the terms of this Agreement or otherwise. You agree that any unauthorized use of this Site, content materials and intellectual property or any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use of authorized areas of the Site. Totz Only reserves the right to terminate your access to the Site and its content and use at any time, with or without notice at our discretion.
Product Information. Most of the products displayed on this Site are available in Totz Only while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in the Totz Only store. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. While we make every effort to display, as accurately as possible, the colors of our products that appear at the site, the actual colors you see will depend on your monitor, and therefore, we cannot guarantee that your monitor’s display of any color will be accurate.
Proprietary Information. You agree that all content appearing on the Site, including, but not limited to code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, and computer software, are the sole property of Totz Only or its partners and suppliers, and protected by U.S. and international laws and treaties. Users are granted permission to browse and use the Site for its intended purpose, which is for your retail use only as a consumer. Any other use, including and not limited to the reproduction, modification, distribution, transmission, republication, removal, deletion, addition, display, or performance of the content on this site or the exploitation in any other manner of any of the content of this Site, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Site is strictly prohibited.
Consent. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be bound by these terms and conditions, including our Return and Exchanges policy, and you agree to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use our Site.
Availability. The Totz Only Site, excluding links, is created, owned, operated, and controlled by Totz Only, in the State of California, USA. At this time, materials, products, and services on this Site will be delivered or made available only in the 50 United States. Access to this Site from locations where its use or content is illegal is prohibited. Visitors to this Site are responsible for their compliance with local laws regarding Site use and access.
Jurisdiction. You agree that the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. In addition, you agree to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Southern District of California. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.
Minors and Family Members. Minors are ineligible to use our services, and we do not want minors to submit any personal information to us. If you are a minor, you can use this service only under the supervision and with the permission of your parents or legal guardians. If a minor makes a purchase with their parent’s credit card without authorization, totzonly.com is not responsible for ANY REFUNDS OR RETURNS. Likewise, if a family member makes a purchase without the credit card holder’s authorization, totzonly.com is not responsible for any refunds or returns. There are no exceptions. The cardholder is advised to dispute the charge with the credit card company or with the family member responsible for placing the order and to take any necessary precautions to avoid future unauthorized purchases. |
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