Last updated: 2022-08-07

GENERAL OVERVIEW

This page defines Terms of Use (“ToU”) and an agreement between you (the customer, “YOU”) and TOXEUS Systems LLC (“TOXEUS”).  By accessing and/or making use of the TOXEUS website, YOU declare that YOU have read, understand, and agree to be bound to these ToU and the TOXEUS Privacy Policy (“PP”). Furthermore, you agree to be bound by these ToU and PP and to comply with all applicably laws and regulations, including import, export, and re-export control laws and regulations.  If you do not agree with the TOXEUS ToU and PP, you are not authorized to use the TOXEUS website.

Note that from time to time, without notice to YOU, TOXEUS may revise the TOXEUS ToU and/or PP, as well as any information contained on the TOXEUS website.

TOXEUS WEBSITE RULES & REGULATIONS

The use of TOXEUS’ website is subject to ALL applicable local, state, national, and international laws and regulations.  YOU hereby agree to not violate any such laws and regulations. The damage to TOXEUS’ websites and/or software products, whether intentional or not, is a violation of civil and criminal laws and TOXEUS reserves the right to seek damages from those persons creating such damage, to the fullest extend allowed by all appropriate laws and regulations.

YOU agree not to post or transmit through TOXEUS’ website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.

YOU may not impersonate another user, use another user’s TOXEUS account, nor may YOU permit someone else to use your TOXEUS account.  YOU may not attempt to capture or guess other users’ passwords, forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content YOU transmit, conduct fraudulent business operations or practices, or promote or conceal unlawful conduct.

YOU may not engage in any activity on TOXEUS websites which restrict or inhibit any other user from access to TOXEUS websites.

Solicitation by YOU to another user on the TOXEUS websites are prohibited.

NOTES AND DISCLAIMERS

It is possible that the TOXEUS websites, from time to time, will contain technical inaccuracy and/or typographical errors, despite the best intentions of TOXEUS website developers and information technology personnel.

If any clause in the TOXEUS ToU or PP is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of the TOXEUS ToU and PP will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.

Any data and/or information sent by YOU to TOXEUS through the TOXEUS website will be deemed not to be confidential.

WARRANTY DISCLAIMER

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. TOXEUS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, TOXEUS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THE TOXEUS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOXEUS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE TOXEUS WEBSITE OR ANY USE OF THE TOXEUS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE TOXEUS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TOXEUS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.