|
TOFASCO OF AMERICA, INC.
LEGAL NOTICES
Use
of this website (the "Site") including the use of any information,
graphics or other materials contained on this Site or made available
through this Site (collectively, the "Site Content") is governed
by these Legal Notices. Your use of this Site constitutes your
agreement and acceptance without modification of these Legal
Notices and the terms and conditions set forth within the Site.
If you do not agree and accept without modification these Legal
Notices and the terms and conditions set forth within the Site,
do not use the Site.
Use
of this Site or the Site Content for any illegal purpose or
in any
manner inconsistent with these Legal Notices is expressly
prohibited by law, and may result in civil and criminal penalties.
Tofasco of America, Inc. ("Tofasco") reserves the right to prosecute
any and all violators to the maximum extent of the law.
Tofasco may update, revise and amend these Legal Notices from
time to time. Updated Legal Notices are effective upon posting.
Updated, revised or amended Legal Notices will not be sent to
users. Instead, users are responsible for regularly reviewing
these Legal Notices.
Viewing this Site creates a copy of Tofasco and/or Site materials
in your computer's memory and/or in its hard drive and/or in
your proxy server.
NOTICE REGARDING USE OF THIS WEBSITE
Tofasco
grants you limited permission to use Documents (e.g., applications,
datasheets, FAQS, etc.) included on or made available
through this Site provided that: (1) Advance written permission
is obtained from an authorized Tofasco representative, (2) The
copyright notice "?Tofasco of America" appears in all copies
and both the copyright notice and this permission notice appear,
(3) Use of such Documents from this Site is strictly limited
to informational and noncommercial or personal use and such Documents
will and may not be copied or posted on any network computer
or broadcast in any media (e.g., print, television or video,
audio, Internet/intranet), and (4) No modifications or changes
of any type are made to any Documents found or made available
at this Site.
Not included in any Documents specified above is the design
or layout of this Site or any other Tofasco owned, operated,
licensed or controlled materials or site. Elements incorporated
in Tofasco web sites are protected by trade laws, including trade
dress, copyright, and trademark, and may not be copied, imitated
or reproduced in whole or in part. Copying or retransmitting
of any logo, graphic, sound or image from any Tofasco web site
is strictly prohibited unless expressly permitted in writing
by Tofasco.
If you download software or information from this web site,
the software and information, including all files and images
contained in or generated by the software and accompanying data,
are deemed to be licensed to you by Tofasco for limited purpose,
with the limited license revocable for by Tofasco for any reason
and without notice. Neither title nor intellectual property rights
are transferred to you, but remain with Tofasco, which owns full
and complete title. You shall have a nonexclusive, nontransferable,
limited personal license to use the software or information solely
in its object code version. All other rights are expressly reserved.
Without limiting the foregoing, you shall not: (a) alter, merge,
modify or adapt any software or information contained on or made
available through this Site; (b) reverse engineer, disassemble
or decompile any software or information contained on or made
available through this Site; (c) disclose, lease, transfer, or
otherwise make any such software or information available to
third parties in any form or manner; (d) use the software or
information for the benefit of any third party; or (e) export
or re-export any such software or information.
LINKS TO THIRD PARTY SITES
Certain links on this Site will take you to other sites not
under the control of Tofasco. Tofasco is not responsible for
the contents of any linked site or any link contained in a linked
site. Tofasco is providing these links as a convenience and the
inclusion of any link does not imply endorsement of the site
by Tofasco.
COPYRIGHT NOTICE
Copyright ?Tofasco of America, Inc. All rights reserved. The
material on this web site may not be duplicated in any fashion
and may not be duplicated, cached, distributed, publicly performed,
republished, uploaded, posted, transmitted or otherwise used
or transmitted in any manner, except with the prior express written
permission of Tofasco of America, Inc. Fair use of Tofasco's
intellectual property requires proper acknowledgement.
TRADEMARKS
Tofasco, Tofasco of America, Mac Sports, Maccabee, Season Ticket,
and their logos are trademarks of Tofasco of America, Inc. and
as such may only be used by you with the written permission of
Tofasco. Other product, company names and logos mentioned or
referenced on this Site may be trademarks of Tofasco or their
respective owners, and as such may only be used by you with the
written permission of Tofasco or the respective owner. All rights
reserved. Fair use of Tofasco's intellectual property requires
proper acknowledgement.
The names of companies, products, people, characters and/or
data mentioned on this site or in any documents found on this
site (other than and not including Tofasco, its partners/suppliers,
its products and its customers) are fictitious and do not represent
on the part of Tofasco any intention to characterize or embody
any real individual, company, product or event, unless otherwise
noted.
PATENTS
Tofasco
holds, in its name or by assignment, numerous U.S. and International
Patents including, but not limited to: Patent No.
5,975,626 "Cross-Member Supporter For Portable Furniture", Patent
No. DES 433,244 "Folding Frame For Deck Chair", Patent No. 6,237,993 "Foldable
Frame For Beach Chair", Patent No. 6,231,119 "Foldable Dual-Chair",
Patent No. 6,241,311 "Support Ring For Holding A Fabric Seat
On Inclined Frame Tube", Patent No. 6,158,361 "Foldable Table
Frame", Patent No. DES 432,823 "Seat and Back Support For Collapsible
Chair", Patent No. 6,234,089 "Foldable Table Top", Patent No.
DES 411,387 "Collapsible, Portable Cot", Patent No. DES 432,325 "Collapsible
Chair", Patent No. 6,247,748 "Seat Support Arrangement For Folding
Chair", Patent No. DES 433,574 "Folding Frame For Lounge Chair",
Patent No. 6,296,304 B1 "Inclined Back Support Arrangement for
Folding Furniture", Patent No. 6,364,411 "Foldable Chair with
Utility Side Desk", and Patent No. 6,302,479 "Foldable Beach
Chair".
Use of any of these patents, or their elements, is strictly
prohibited. For a full and complete list of patents and pending
patents, please contact Tofasco.
PRODUCT ORDERS
Tofasco uses its best efforts to fulfill all orders. However,
it cannot, and does not, guarantee the availability of any particular
product displayed on this Site. Tofasco reserves the right to
discontinue the sale of any product displayed on this Site at
any time and without notice.
Product prices offered on this Site may vary from other advertised
prices due to varying conditions. Prices quoted on this Site
are in U.S. dollars and are valid and effective only within the
United States, and such prices do not include shipping and handling
or sales or other taxes, if applicable, which will be added to
your total invoice price. You are responsible for payment of
any shipping and handling charges and state, local, use or other
taxes that may apply to your order.
We attempt to operate an error-free site. However, we do not
guarantee that any content is accurate or complete, including
price information, availability of products and product descriptions
or specifications. If we discover errors, they will be corrected
on our systems and the corrected price will appear on your order.
Tofasco reserves the right to revoke any stated offer or price
and to correct any errors, inaccuracies or omissions, including
after an order has been submitted and accepted.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TOFASCO
AND/OR ITS RESPECTIVE PARTNERS/SUPPLIERS MAKE NO REPRESENTATIONS
OR
WARRANTIES ABOUT THE APPROPRIATENESS OF THE SITE OR ANY OF
THE SITE CONTENT FOR ANY PURPOSE. THIS SITE AND ALL OF THE SITE
CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TOFASCO
AND/OR ITS RESPECTIVE PARTNERS/SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE AND ALL OF
THE SITE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. TOFASCO AND/OR ITS RESPECTIVE PARTNERS/SUPPLIERS
SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION,
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS SITE OR YOUR USE OF ANY SITE
CONTENT.
THE SITE CONTENT COULD INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL
ERRORS OR OTHER UNSPECIFIED INACCURACIES. THE INFORMATION ON
THIS SITE IS PERIODICALLY UPDATED AND/OR CHANGED. TOFASCO AND/OR
ITS RESPECTIVE PARTNERS/SUPPLIERS MAY, AT ANY TIME AND IN THEIR
SOLE DISCRETION, MAKE IMPROVEMENTS TO AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED ON OR THROUGH THIS SITE.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
PORTION OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
MISCELLANEOUS
Tofasco reserves any and all rights not expressly granted herein.
This Site is controlled by Tofasco from its offices in Los Angeles
County, California, United States of America. U.S. federal law
or the laws of the State of California shall govern all matters
relating to this Site. Any and all legal proceedings relating
to your access to, or use of, this Site or any of the Site Content
shall be instituted in a state or federal court in Los Angeles
County, California, United States of America. You agree to submit
to the jurisdiction of, and agree that venue is exclusive and
proper in, these courts in any such legal action or proceeding.
If any part of this Agreement is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions
of the parties, and the remaining portions shall remain in full
force and effect. The failure of Tofasco to exercise or enforce
any right or provision of these Legal Notices shall not constitute
a waiver of such right or provision.
|