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TOTTO User Agreement

Conditions of Use

Introduction

Welcome to TOTTO. TOTTO USA Inc. (“TOTTO”) is an online retailer committed to providing you high quality TOTTO designed products.

By using TOTTO (including US.TOTTO.com and its related sites, services and tools), you agree to these Terms and Conditions (“User Agreement” or “Agreement”) and to the related Privacy Policy for TOTTO and the websites of our subsidiaries and international affiliates. This Agreement is effective on May 31, 2017, for current users, and upon acceptance for new users.

Use of Site

By using this 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, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the site and to display the site on your internet browser for the sole purpose of shopping for products sold on the site and not for any other commercial use or use on behalf of any third party. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. TOTTO reserves the right to modify this User Agreement and the Privacy Policy at any time. You are responsible for checking the site from time to time to review any changes and you will be responsible to abide by any changes.

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 us 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 us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this site and its related sites 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.

Payments for Products

You can pay for products over the Internet on our site. You can do so using a credit card or PayPal or any other method which we choose to offer on the site from time to time. VTEX will hold the credit card information in our system, compliant to PCI (https://www.pcisecuritystandards.org/), and have future purchases default to the same form of payment. Your account will be charged upon placing the order.

In providing you with online payment platforms, we select well known third party fulfilment, payment processing and transaction service providers. Your credit card payments will be processed by Authorize.net. We urge you to review their terms and conditions service as well as user disclosures since they will apply to any of your payments. By using our service, you agree TOTTO does not handle your credit card information and is not responsible for any claims related to your use of a credit card on our service. Any claims related to your credit card information including but not limited to misuse or unauthorized disclosure will be exclusively directed to Authorize.net.

http://www.cybersource.com/content/dam/cybersource/CMSA_CPSA.pdf

http://www.cybersource.com/content/dam/cybersource/Disclosure.pdf

Payment processing is also accepted through AUTHORIZE.NET and PAYPAL. (Collectively AUTHORIZE.NET and PAYPAL are referred to as “Third Party Processors”). Although TOTTO believes that these are reputable service providers with industry standard security protections, TOTTO has not conducted testing of their services and makes not representation as to their safety and security. As a result, if you choose to use the online payment platform provided by TOTTO you waive all claims against TOTTO arising from actions, inactions, negligence or intentional torts committed by the Third-Party Processors. In using the payment platform, we urge you to familiarize yourself with their terms and conditions and privacy policies. If you become aware of any problems with any of the Third-Party Processors, please let us know.

Shipping of Goods

Shipping rates will be listed when you process your purchase and before you finalize the order. These shipping charges vary from time to time so please review carefully, shipping fees are subject to change at any time at TOTTO’s discretion and without prior notice.

Prohibited Conduct

While using TOTTO sites, services and tools, you will not:

  • Post content or items in an inappropriate category or areas on our sites.
  • Violate any laws, third party rights or our policies.
  • Use our sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites or services.
  • Post information regarding competing products.
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to totto
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
  • Infringe the intellectual property of totto or of any third party.
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the sites or using it for purposes unrelated to totto).
  • Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
  • Transfer a totto account to another party without our consent.
  • Distribute viruses or any other technologies that may harm totto, or the interests or property of totto users.
  • Copy, modify or distribute rights or content from the totto sites, service or tools or totto’s copyrights and trademarks.
  • Harvest or otherwise collect information about users, including email addresses, without their consent.

Electronic Communications

When you use any TOTTO service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy

You use of our sites is subject to our Privacy Policy. Please review the policy to learn more about what information we collect. Privacy Policy

Notice for Claims of Intellectual Property Violations Pursuant to Section 512(c) of Title 17 of the United States Code

We take claims of intellectual property violations or copyright infringement related to content posted on our sites very seriously. If you have a good faith belief that someone on our site has committed a violation of United States Digital Millennium Copyright Act., that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you can provide TOTTO's designated agent with the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed.
  2. Identification or description of the copyrighted work or other intellectual property that you claim has been infringed including any registration numbers related to the work and a copy of the registration certificate with specimen identifying the work. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (e.g. trademark, trade secret or patent).
  3. Identification or description of where the material that you claim is infringing is located on the TOTTO site, with enough detail that we may find it on TOTTO’s website.
  4. Your address, telephone number, and email address.
  5. A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

TOTTO’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

By mail
TOTTO’s DMCA Agent
Nalsani Legal Department
21500 Biscayne Blvd. Suite 404. Aventura, FL 33131

By phone
+1-954-237-3978

By fax
+571-368-0326

By email
impuestos@TOTTO.com

TOTTO has implemented a policy that provides for the limitation, suspension or termination of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of TOTTO and/or others.

The Abuse of TOTTO

TOTTO and the TOTTO user community work together to keep our sites and services working properly and the user community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-TOTTO transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue TOTTO sites or services.

Intellectual Property

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to TOTTO, its licensor, or its affiliates. The collection, arrangement, and assembly of all Content on this site (the "Compilation") belongs exclusively to TOTTO, its licensor or its affiliates. All software used on this site (the "Software") is the property of TOTTO, its licensor or its affiliates. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. TOTTO and other logos, slogans, trade names or trademarks that appear on the TOTTO site or on TOTTO branded products are registered trademarks, trademarks or service marks of TOTTO, its licensor or its affiliates. The use of any of our trademarks or service marks, or confusingly similar imitations thereof, including but not limited to use on products or services, without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

TOTTO Charges and Services

We may choose to temporarily change the fees for our goods and services for promotional events, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all prices are quoted in U.S. Dollars. You are responsible for paying all prices and applicable taxes associated with products that you purchase in a timely manner with a valid payment method. If your payment method fails, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) If we are forced to take any legal actions for failure to make payment in whole or in part, the prevailing party in the action will be entitled to attorney’s fees and costs incurred including but not limited to any demand letters, pre-litigation legal services, lawsuits, arbitrations, mediations, and appeals.

Posted Content

When you post content to the sites in the form of images, reviews, comments or recommendations, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Returns

You may return an item for a full refund at any time within 30 days of purchase given it is in original condition and satisfies our return policy requirements. Once you contact our service department you will be provided a return authorization. Once the item is received by us it will be examined. If the product is accepted for refund your refund will issue promptly. If the item is not authorized for refund we will contact you, explain the reason and return the product to you. Notwithstanding the foregoing, customized items are not eligible for return and refund.

Risk of Loss; Other Terms of Sale

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.

Product Warranties

Each TOTTO product listing will state whether the product comes with a lifetime or one (1) year limited warranty. The specific conditions and coverage of the warranty will be in the site FAQ or on the product hang tag. Please review carefully before purchasing if it is a part of your purchasing decision. Warranty cases are reviewed on a case by case basis.”

The Limitation of Liability

This site and the transactions conducted through it are provided by us on an "as is" basis. You will not hold totto responsible for third party content, misconduct, actions or inactions. You acknowledge that while we value and seek to safeguard our customer’s information, totto is not responsible for the actions of third parties who steal the information without authority. We cannot guarantee continuous or secure access to our sites or services, and operation of our sites or services may be interfered with by numerous factors outside of our control.

To the full extent permissible by applicable law, except to the extent otherwise stated in these terms, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools. Also, to the maximum extent permitted by law, we 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. If your jurisdiction does not allow the disclaimer of warranties or exclusion of damages, such disclaimers and exclusions may not apply to you. If we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts for the product or products at issue in the claim (including any applicable sales tax) and its original shipping costs and (b) $100.

Robot, Spider, Scraper, usage Prohibited

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to TOTTO by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission. Additionally, you agree that you will not:

  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
  • Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of totto and the appropriate third party, as applicable.
  • Interfere or attempt to interfere with the proper working of the sites or services, or any activities conducted on or with the sites or services.
  • Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

User Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the TOTTO Privacy Policy which is incorporate hereto and made a part hereof. We urge you to review the privacy policy with care Privacy Policy. We view protection of users’ privacy as a very important principle.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notice

Except as explicitly stated otherwise, legal notices shall be served on TOTTO at the address below or to the email address you provide to TOTTO during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

FAQ

For your convenience, we provide a Frequently Asked Questions explanation that can be found here. While we provide the FAQ for informational purposes to the extent that there is any disagreement between the FAQ and these Terms and Conditions or the Privacy Polity, the Terms and Conditions and Privacy Policy will control.

Legal Disputes

If a dispute arises between you and TOTTO, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and TOTTO agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with this section or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through mediation.

  • Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions.
  • Arbitration Claims Under $5,000 - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief the dispute will be resolved by binding arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes before a single arbitrator panel. The AAA's rules are available at www.adr.org. The AAA and the parties must comply with the following requirements: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction and shall not exceed $10,000.
  • Arbitration Claims for $5,000 or More - Any dispute or claim for $5,000 or more will be resolved by binding arbitration. If you are a U.S. resident the arbitration will be resolved pursuant to the commercial rules of the AAA before a single arbitrator panel. If you are not a U.S. resident the arbitration will be resolved pursuant to the International Dispute Resolution Procedures of the AAA. The arbitration will be conducted in Miami-Dade County Florida, U.S. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator will be authorized to award attorney’s fees and costs to the prevailing party.
  • The Federal Arbitration Act and federal arbitration law apply to this agreement
  • Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
  • Notwithstanding the foregoing, for any claims involving infringement of a trademark, copyright, patent or of a trade secret, suit may be brought for the infringement claim and all concurrent claims before a United States court of competent jurisdiction.
  • To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us and to the American Arbitration Association, 100 SE 2nd St Ste. 2300, Miami, FL 33131.
  • Notwithstanding the foregoing, a party may seek preliminary injunctive relief in a court of competent jurisdiction for any claims involving intellectual property.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

How to contact us

You can contact us in writing at the following address: 21500 Biscayne Blvd. Suite 404. Aventura, FL 33131.

By e-mail to our TOTTO Customer Satisfaction Team at: help@totto.com

By phone to our TOTTO Customer Satisfaction Team at: +1-844-998-6886

How can we help you?

Toll free: 844.99.TOTTO (86886)
Email: help@totto.com
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