Welcome to toitm.xyz!
These Terms and Conditions of Use (“Terms”) govern your access to and use of the website toitm.xyz (the “Site”) operated by Susan Elizabeth Martinez (“We”, “Us”, “Our”). By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Site.
The Site is intended for informational purposes only. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
All content on the Site, including but not limited to text, graphics, images, logos, audio, video, and software (“Content”) is owned or licensed by Us and is protected by copyright and other intellectual property laws. You may not use any Content for any purpose other than your own personal, non-commercial use. You may not reproduce, modify, distribute, display, publicly perform, or otherwise exploit any Content without Our express written permission.
You may be able to submit content to the Site, such as comments, reviews, or other materials (“User Submissions”). You are solely responsible for all User Submissions you make. By submitting User Submissions, you grant Us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Submissions in any media now known or hereafter devised. You further agree that you have all necessary rights to grant Us this license.
You agree that your User Submissions will not:
We reserve the right to remove any User Submissions that violate these Terms or that We deem inappropriate for any reason.
The Site may contain links to third-party websites (“Third-Party Sites”). We are not responsible for the content or privacy practices of any Third-Party Sites. You access and use Third-Party Sites at your own risk.
The Site and all Content are provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties arising from course of dealing or usage of trade. We make no warranty that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. You assume all responsibility and risk for your use of the Site and Content.
In no event shall We, our directors, officers, employees, agents, contractors, or licensors be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to your access or use of the Site or Content, including but not limited to damages for loss of profits, data, or goodwill, even if We have been advised of the possibility of such damages.
You agree to indemnify and hold harmless Us, our directors, officers, employees, agents, contractors, and licensors from and against any and all claims, demands, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to your access or use of the Site, your violation of these Terms, or your User Submissions.
We may terminate your access to the Site at any time, for any reason, without notice.
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms will be resolved by binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in English.
If you have any questions about these Terms, please contact us at:
These Terms constitute the entire agreement between you and Us regarding your access and use of the Site.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck from these Terms and the remaining provisions will remain in full force and effect.
Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision or any other provision.
We may amend these Terms at any time by posting the amended Terms on the Site. Your continued access or use of the Site after the posting of amended Terms constitutes your acceptance of the amended Terms.
