1. Acceptance of Terms
2. Products and Services
3. Use of the Web Site
You agree to use the TOFS Web Site only for lawful purposes.
(a) By way of example only, and not as a limitation, you specifically agree not to do any of the following: (1) communicate to TOFS or upload to or transmit on the TOFS Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the TOFS Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the TOFS Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the TOFS Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the TOFS Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the TOFS Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) use any robot, spider, other automatic device, or manual process to monitor or copy Web Site pages or the content contained thereon or for any other unauthorized purpose; (12) use automating, scripting, scraping of data or otherwise take data from the Web Site in an automated fashion to re-use or display in any way; (13) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the TOFS Web Site, or which, as determined by TOFS, may harm TOFS or users of the TOFS Web Site or expose them to liability; or (14) intentionally or unintentionally violate any applicable local, state, national or international law or any regulation having the force of law. You also agree not to “frame” or “mirror” any Web Site content or third-party content contained on or accessible from the Web Site on any other server or Internet-based device without the advance written authorization of TOFS or its licensors or licensees, respectively.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the TOFS Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by TOFS, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of TOFS. You understand and acknowledge that you are responsible for whatever content you submit, and you, not TOFS, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to TOFS or to any area of the TOFS Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to TOFS and/or post it to the TOFS Web Site. You grant to TOFS the right to use all content you upload or otherwise transmit to TOFS or the TOFS Web Site in any manner TOFS chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) TOFS reserves the right, but does not assume any responsibility, to (1) remove any material posted on the TOFS Web Site which TOFS, in its sole discretion, deems inconsistent with the foregoing commitments, including any material TOFS has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the TOFS Web Site. However, TOFS can neither review all material before it is posted on the TOFS Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, TOFS assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. TOFS reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, TOFS has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the TOFS Web Site and may expose you to civil and/or criminal liability.
The TOFS Web Site may contain links to other web sites on the Internet. TOFS is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the TOFS Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
If you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through this Web Site, you acknowledge and agree that TOFS is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that TOFS will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Web Site.
5. Liability of TOFS and its Licensors
TOFS does not assume any liability for the materials, information and opinions provided on, or available through, the TOFS Web Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. TOFS disclaims any liability for injury or damages resulting from the use of any Site Content.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE TOFS WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER TOFS NOR ANY PERSON ASSOCIATED WITH TOFS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE TOFS WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER TOFS NOR ANYONE ASSOCIATED WITH TOFS WARRANTS OR REPRESENTS THAT THE TOFS WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE TOFS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE TOFS WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SUBJECT TO THE TERMS OF SEPARATE TERMS, CONDITIONS OR WARRANTIES APPLICABLE TO CERTAIN TOFS PRODUCTS, IF ANY, TOFS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT WILL TOFS OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE TOFS WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE TOFS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY TOFS AND WHETHER OR NOT TOFS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
The term “TOFS” and the TOFS logo and all related names, logos, product and service names, designs and slogans are TOFS trademarks, including without limitation product brand names (e.g., Perfect Sleeper). Except with respect to the creation of a link to our Web site in accordance with TOFS's Linking Terms, you may not use such marks without TOFS’s prior written permission. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to TOFS or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the TOFS Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of TOFS. Any other use of the Web Site or its content, in whole or in part, without permission of the applicable rights holder is strictly prohibited. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site for purposes other than those noted above, or other similar unauthorized exploitation of the Web Site or its content without the prior written consent of TOFS, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the TOFS Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with TOFS or the applicable owner of such content. Except as expressly authorized by TOFS in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site. Without limiting the foregoing, unauthorized use of the Web Site’s content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
9. Comments and Submissions
TOFS welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by TOFS or its advertisers or business partners in response to solicitations on this Web Site will become TOFS’s property and you agree that all intellectual property rights therein are transferred to TOFS. You understand that any postings, or content submitted for posting, to publicly available portions of the TOFS Web Site are non-confidential for all purposes.
10. Termination of Right to Use the Web Site
11. Privacy and Security
12. Applicable Law