Terms of Use

SITE TERMS & CONDITIONS

Use of the Website

By using toughize.com, or any other affiliated website currently existing or developed in the future (“website”), you accept and agree to be bound and abide by the conditions and terms set forth in this Terms of Use agreement (the “Agreement”). Please read it carefully. If you disagree with any of the terms or conditions, do not use this website. We reserve the right to correct, change, remove, or update this Agreement at any time without notice, so please check for changes to this Agreement each time you use the website. Your continued use of this website following the posting of changes to this Agreement means that you accept those changes.

Licenses and Restrictions

This website is owned and operated by the (“Site”, “we”, “us”, or a similar term). We reserve the right to withdraw or amend the website, or any service or material provided on the website, in our sole discretion without notice. The Site will not be liable if for any reason all or any part of the website is unavailable at any time or for any period.

 All material found in this website (including visuals, text, icons, displays, media, and general information) is owned or licensed by us. You may view, download, and print material from this website only for your personal, noncommercial use, unless otherwise indicated. In addition to the foregoing, unless otherwise indicated, content may be viewed, downloaded, or reproduced by media personnel for use in traditional public news media. Any other use of information or materials found at this website, including any use by organizations or legal entities, is not permitted without our prior written permission. (See “Trademarks” below.) You may not post material from this website to another website or on a computer network without our permission. You may not transmit or distribute material from this website to other websites. You may not use this website or information found at this website to sell or promote products or services, to solicit clients, or for any other commercial purpose.

User Conduct

You warrant and represent that you are legally entitled to use this website, and you agree to use this website for lawful purposes. You agree to follow any policies made available to you within our website and services. You agree that you will not individually, or as part of any collective effort, submit or post information to this website that could be deemed harmful or offensive to other users, nor will you impersonate another user in order to hide your identity or implicate another in such actions. You agree that you will not do anything that might disrupt the flow of data to and from this website, impact the service or performance of this website, compromise the security of the website, render the website inaccessible to others, circumvent any of the controls or usage rules that we have implemented, or otherwise cause damage to the website or its content. You agree not to use the website in any manner that might interfere with the rights of third parties. You understand that the result of harmful or offensive actions may include revocation of your right to use this website (including your right to use any materials from this website) and legal action against you.

Termination of Usage

We reserve the right, at our sole discretion, and without notice, to terminate, suspend, or limit use of this website, including the reproduction or any other use of any materials available through this website. Such termination, suspension, or limitation of access may occur for any reason in our sole discretion, including for any conduct that violates this Agreement, violates an applicable law, or is harmful to the interests of the public, another user, customer, recipient, licensor, content or service provider, or the Site, its corporate parent(s), or affiliates.

Privacy and Personal Information

Your personal information is collected and processed in accordance with our Privacy Policy. By using this website and submitting your personal information, you agree that Site can use your personal information in accordance with our Privacy Policy.

Creating an Account

Some of our websites provide the ability to create a user account. By creating an account, you agree that you are 18 years or older and are not barred from using the website or our services under applicable law. When creating an account, you may be required to provide certain personal information about yourself and must establish a username and a password. You agree to provide accurate, current, and complete information about yourself when creating an account.

 When creating an account, you agree not to:

1. Provide any false personal information to us (including a false username) or create an account for anyone other than yourself without such other person’s permission;
2. Use a username that is the name of another person with the intent to impersonate, exploit, or harm that person;
3. Use a username that is subject to rights of another person without appropriate authorization;
4. Use a username that is offensive, vulgar, obscene, or otherwise in bad taste; or
5. Register more than one account with the purpose of creating a “dummy” account. We may decide in our sole discretion that the account in question is a “dummy” account and terminate the account.

 We reserve the right to suspend or terminate your account at any time for any or no reason.

If in our sole discretion we determine that you have violated any provision of this Agreement we will suspend or terminate your account. You are responsible for maintaining the confidentiality of your password and account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You, not the Site, are fully responsible for activities that occur on or through your account, including the legality, reliability, accuracy, and appropriateness of your account activities.

Specific Prohibited Uses

The website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials on or through the website. You are responsible for your own communications, including uploading, transmitting, and posting information, and you are responsible for the consequences of your posting on or through the website. You agree not to use the website in any of the following ways:

1. Posting and/or submitting any information which is incomplete, false, inaccurate, or not your own;
2. Impersonating another person or allowing any other person to use your identification to post or view comments;
3. Engaging in or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any local, state, federal, or international law or regulation or which fails to comply with accepted Internet protocol;
4. Posting and/or submitting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
5. Posting and/or submitting material that reveals trade secrets, unless you own them or have the permission of the owner;
6. Posting and/or submitting material that infringes on any other intellectual property, privacy, or publicity rights of another;
7. Engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined in our sole discretion, may harm the Site or users of the website or expose them to liability;
8. Transmitting or transferring (by any means) information or software derived from the website to foreign countries or certain foreign nations in violation of U.S. export control laws; and
9. Attempting to interfere in any way with the website or the Site’s networks or network security, or attempting to use the website’s service to gain unauthorized access to any other computer system.

Security Rules

Violations of system or network security may result in civil and/or criminal liability. We will investigate occurrences and may involve and cooperate with law enforcement authorities in prosecuting any user who is involved in such violations. You are prohibited from violating or attempting to violate the security of the website, including, without limitation, the following:

1. Accessing data not intended for your use or logging into a server or account which you are not authorized to access;
2. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; and
3. Attempting to interfere with service to any user, host, or network, including and without limitation, submitting a virus to the website, “overloading”, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or the advertising of products or services.

Trademarks

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this site are registered and unregistered trademarks of the Site. Nothing contained on this site should be construed as granting any license or right to use any trademark without the prior written permission of the Site. To request permission for use of copyrighted material or trademarks please contact service@toughize.com. 

Written Toughize Diacritical Markings

We are committed to representing the Islands of toughize respectfully and accurately. The Mission Statement of the Site states that “we will preserve and portray the cultures, arts and crafts of toughize.” Accordingly, we are well versed in the appropriate meaning, pronunciation, and visual presentation of the various toughize languages, including the utilization of an array of diacritical and language specific markings. Due to the inability of the Site to control how such markings will display on various computer platforms and browser versions, and to avoid any platform ”‘miscoding,” we have determined that the best representation of toughize culture is to not utilize the diacritical or other language-specific markings online when such use may result in misrepresenting the written word.

External Links

For your convenience, this website may contain links to websites operated by others. Such third-party websites are not maintained or controlled by us, and we are not responsible for their content. Although we have made a good faith effort to link only to tasteful, appropriate websites, some may contain inappropriate or objectionable material. If you find such material while using a website that you accessed through a link on this website, please notify us immediately. Use or reliance on any external links and the content thereon provided is at your own risk.

We believe that those who make information available on the Internet expect that it will be publicly and widely available. Therefore, we believe that linking to other websites is legally permissible and consistent with the expectations of those who use the Internet. However, if access to a particular website should be restricted, the operator of such website should promptly notify us.

Disclaimers 

This website, the materials contained within it, and any linked websites are provided ‘as is’ and without any warranties, express or implied. To the fullest extent permitted by applicable law, we hereby disclaim all warranties, whether express or implied, including but not limited to, warranties of title, implied warranties of merchantability, and fitness for a particular purpose. We do not guarantee that the functions of this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that hosts it is free of viruses or other harmful components.

Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, events, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Some of the products displayed on the website are available in select physical stores sponsored by the Site. In some cases, merchandise displayed for sale in Site sponsored stores may not be available online.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of a product.

SMS/MMS Mobile Message Marketing Program (Including Cart Reminders) Terms and Conditions

(a). When you opt-in to the service, we will send you an SMS message to confirm your signup. (b). Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.) (c). You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. (d). If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. (e). We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages*** (f). As always, message and data rates may apply for any messages sent to you from us and to us from you. Frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to service@toughize.com.

If you have any questions regarding privacy, please read our privacy policy.

Limitations of Liability and Indemnification

Neither the Site, nor its corporate parent(s), affiliates, nor any officers, directors, employees, agents, successors or assigns, are liable for any damages of any kind, under any legal theory, arising out of or in connection with the use, or inability to use this website, any websites linked to it, any content on the website, or any services or items obtained through the website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, loss of data, income, or profit, business interruption, loss of or damage to property, or claims of third parties. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website or any linked website.

You agree to defend, indemnify, and hold Site and its corporate parent(s) and affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the website, your violation of this Agreement, or your posting or transmission of any materials on or through the website.

Waiver

The failure of the toughize to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision.

Jurisdiction and Applicable Law

This Agreement shall be governed by the laws of United States of America, as applied to agreements entered into and to be performed entirely within the state, without giving effect to any principles of conflicts of law. Any action you bring to enforce this Agreement or any matters related to this website shall be brought in either the state or federal courts located in US and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Conflict of Terms

If there is a conflict or contradiction between the provisions of this Agreement and any other relevant terms and conditions, policies, or notices, the other relevant terms and conditions, policies, or notices that relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability

If any provision of this Agreement is unlawful, void, or unenforceable, in whole or in part, the remaining provisions shall not be affected unless we determine that the invalid or unenforceable provision is an essential term to the Agreement, in which case we may at our sole discretion amend this Agreement.