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Terms and Conditions

Access to and use of this site are subject to the following terms and conditions and all applicable laws. All names, logos, and marks appearing in this site, except as otherwise noted, are trademarks owned or used under license by TOCCA Life Holdings, Inc. or its affiliates. You may download and print a copy of the material displayed on this site for your personal use for noncommercial purposes only (provided you retain all copyright and trademark notices); however, you may not modify, distribute, transmit or sell the contents of this site without the written permission of TOCCA Life.com. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, do not use this site.

Warranty Disclaimer.

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TOCCA Life.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TOCCA Life.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TOCCA Life.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Typographical errors.

TOCCA Life.com makes no warranties or representations, express or implied, about the accuracy, timeliness, or completeness of this site including without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. This site may contain technical inaccuracies or typographical errors. Neither TOCCA Life.com nor any of its employees, subsidiaries or affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to, inability to access, or any use of the content of this site or the content of any sites linked to this site, including without limitation any damages to, or viruses that may infect, your computer equipment or other property, even if TOCCA Life.com is expressly advised of the possibility of such damages.

Notice.

TOCCA Life.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TOCCA Life.com.

Miscellaneous.

Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of TOCCA Life.com products) shall be in the state or federal courts located in Palm Beach County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TOCCA Life.com products) must be commenced within one (1) year after the claim or cause of action arises. TOCCA Life.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TOCCA Life.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of TOCCA Life.com Site.

Use of this site for the posting or transmission (including communication outside this site) of any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law is strictly prohibited. TOCCA Life.com reserves the right to delete, modify or supplement the content of this site, including the content of this legal notice, at any time.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TOCCA Life.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not solicit others to join or become members of any other commercial online service or other organization.

Any communications you send to this site or otherwise to TOCCA Life.com by electronic or other means are non-proprietary. TOCCA Life.com shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including developing, manufacturing, and/or the marketing goods or services.

Participation Disclaimer.

TOCCA Life.com does not and cannot review all communications and materials posted to or created by users accessing our site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on our site, TOCCA Life.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.

TOCCA Life.com reserves the right to block or remove communications or materials that it determines to be

(a) abusive, defamatory, or obscene,

(b) fraudulent, deceptive, or misleading,

(c) in violation of a copyright, trademark or other intellectual property right of another,

(d) offensive or otherwise unacceptable to TOCCA Life.com in its sole discretion.

Indemnification.

You agree to indemnify, defend, and hold harmless TOCCA Life.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links.

In an attempt to provide increased value to our visitors, TOCCA Life.com may link to sites operated by third parties. However, even if the third party is affiliated with TOCCA Life.com, TOCCA Life.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TOCCA Life.com. These linked sites are only for your convenience and therefore you access them at your own risk.