Terms & Conditions

BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS AND CONDITIONS.  IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS THIS SITE.

Welcome to the TOA Technologies, Inc. website (the “Site”).  Please review these Site Terms of Use and Privacy Policy ("Terms of Use"), which govern your use of the Site.  In this document, "you" means the person or company using this Site; "we" or "us" means TOA Technologies, Inc. and its affiliates; and "both of us" means both you and us.

This Site provides information for our customers and potential customers.  These Terms of Use have been written to describe the conditions under which this Site is being made available to you. The Terms of Use discuss important limitations about the way you may use and rely upon materials you find on the Site. Read these Terms of Use carefully. By using this Site, you will be deemed to have accepted them. If you do not accept the Terms of Use, or if you breach the Terms of Use, you may not use this Site.

Site Contents, Ownership, And Use Restrictions

You may view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited.

The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws.  We and our affiliates and suppliers expressly reserve all intellectual property rights, which are not expressly granted in these Terms of Use.

Links to Other Sites

Links to other sites from this Site are provided solely for your convenience. We are not responsible for the content of any other sites, nor do we make any representations about the content or accuracy of material on any other sites.  We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

PRIVACY

While the Site does not gather your name, email address or similar information about you without your knowledge or consent, the Site does permit you to voluntarily submit data about yourself so that we can provide you with requested information.  This information will not be sold to third parties for marketing purposes.  While we try to prevent third party access to personally identifiable information, internet communications are not always secure. We therefore cannot promise you that third parties can not access your personally identifiable information.  It is a condition of your use of the Site that you agree we are not liable for any such unauthorized access or related disclosure.

Other than personally identifiable information described above, you agree that any material, information, and ideas that you transmit to this Site or otherwise provide to us ("Transmissions") will be treated as non-confidential and non-proprietary and we shall be under no obligation of any kind with respect to such information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Transmissions to others without limitation.

This Site may use small files called “cookies” to track information useful in the operation of the Site.  While your numeric “IP address” is available to these cookies, the cookies have no way of associating any data collected with your name, email address, or information that identifies you personally.  No cookie used by the Site collects or distributes personal information to third parties for marketing purposes.

For information regarding TOA's safeguarding of client/customer data and information, please see Privacy Notice.

No Automated Searching

You may not use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than any search engine and search agents which we may make available on this Site and other than generally available third party web browsers.

Disclaimer of Warranty

THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. We further do not warrant the accuracy and completeness of the materials, software or services at this Site or arranged through this Site. We may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and we make no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitation of OUR Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUPPLIERS BE LIABLE TO ANYONE ON ACCOUNT OF THE USE OR MISUSE OF OR RELIANCE ON THE SITE OR SERVICES PROVIDED ON THE SITE, OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.  SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES PROVIDED ON THE SITE, FROM INABILITY TO USE THE SITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE, SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold us, our subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with your violation of these Terms of Use, or your violation of any rights of another party.

Availability

We reserve the right at any time and from time to time to modify, suspend, discontinue or terminate the Site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Site.

REVISION OF Terms of Use

We reserve the right to revise these Terms of Use by updating this posting without prior notice. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use by which you are bound.

General

You agree that in the event any portion of these Terms of Use are found to be unenforceable, the remainder of these Terms of Use shall remain in full force and effect and the otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent permitted by law.

Ohio law and controlling U.S. federal law govern any action related to the Terms of Use and your use of the Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these Terms of Use. Each of us agree to submit to the personal and exclusive jurisdiction of the courts located within Cuyahoga County, Ohio, U.S.A.

You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.

Copyright & Trademark Information

This Site and its contents are copyright © 2009 TOA Technologies, Inc.  The name TOA Technologies, the TOA Technologies logo, and our other logos or marks, are registered or unregistered trademarks of TOA Technologies, Inc. in the United States and in other countries.