- Restrictions on Use and Ownership
All pages within this Site and any material made available for download are the property of TOG and/or its affiliates or licensees.
TOG grants you a nonexclusive license to use the Site solely for your personal and job related commercial use. As a condition of your use of this Site, you warrant to TOG that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
The contents of the Site, including the text and images, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of TOG. TOG customers are granted a personal, nontransferable, non-exclusive, revocable license to copy images from the Site for the purposes of only internal distribution and evaluating the purchase or possible purchase of products from TOG. Notwithstanding the foregoing, no images or any content from the Site may be used by or for any competitors of TOG, and may not be used in any manner competitive with or potentially detrimental to TOG, or that may result in lost sales to TOG. All uses of such images must clearly identify that the images are owned by TOG, and the products depicted therein are products offered for sale by TOG. The foregoing license may be revoked by TOG at any time upon written notice to the customer.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by TOG and/or its vendors and licensors.
- Trademark Notice
The TOG name, TOG logo, are certain other icons, logos, and descriptions on the Site are trademarks and service marks of TOG. Other trademarks, service marks, icons, logos, and descriptions used in this Site are the trademarks, service marks, or logos of their respective owners.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOG OR TOG’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
- Limitation of Liability
TOG AND ITS DIVISIONS, AFFILIATES, PARENTS, VENDORS, LICENSORS, AND OTHER THIRD-PARTIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. ADDITIONALLY, TOG’S MAXIMUM LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SITE WILL BE $100. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Accuracy and Integrity of Information
Although TOG attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site contains typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third-parties. In the event that an inaccuracy arises, please inform TOG so that it can be corrected. Information contained on the Site may be changed or updated without notice.
- Your License to Us
Unless otherwise indicated in this Site or in connection with one of our services, any communications or material of any kind that you e-mail, post, or transmit through the Site, including, questions, comments, suggestions, and other data and information (your “Communications”) will be treated as non-confidential and non-proprietary. You grant TOG a non-exclusive, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, or know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on your Communications.
- Investor Information – Forward-Looking Statements
This Site contains information for investors, which may include forward-looking statements about TOG and the industry and markets in which TOG operates. These statements are within Section 27A of the Securities Act of 1933 and Section 21E of the Exchange Act of 1934. These statements can be identified by our use of words such as “expects,” “anticipates,” “intends,” “plans,” “believes,” “seeks,” “estimates,” “should,” “could” and similar expressions. These forward-looking statements reflect our current expectations, but they are not guarantees of performance. They are based on assumptions and are subject to risks, uncertainties, and other factors. Forward-looking statements speak only as of the date made; neither TOG nor any of its parents are obligated to update them. We caution users of our Site not to rely on the forward-looking statements.
- Links or Pointers to Other Sites
TOG makes no representations whatsoever about any other website that you may access through this Site. When you access a non-TOG site, please understand that it is independent from TOG, and that TOG has no control over the content on that website. In addition, a hyperlink to a non-TOG website does not mean that TOG endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
- Online Payments
You may be able to purchase products and/or services on the Site. In such instances, we accept credit cards issued by U.S. banks. If a credit card account is being used for a transaction, TOG may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process.
You represent and warrant that if you are making online payments (i) all credit card information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including all applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
- Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received, we shall have the right to refuse or cancel any orders placed for product/service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card already has been charged for the purchase and your order is canceled, we shall issue a credit to your credit or debit card account in the amount of the incorrect price as soon as possible.
- Choice of Law; Arbitration
These Terms and Conditions are entered into in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms and Conditions will be resolved by final and binding arbitration conducted in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then applicable. One arbitrator will be selected by the parties’ mutual agreement or, failing that, by the AAA, and the arbitrator will allow such discovery as is appropriate and consistent with the purposes of arbitration in accomplishing fair, speedy, and cost effective resolution of disputes. The arbitration will take place in Pinellas County, Florida. Any award entered by the arbitrator(s) shall be final and judgment thereon may be entered in any court having jurisdiction. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees (including the cost of in-house counsel). In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
- Force Majeure
TOG shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, terrorism, shortages, cyber- attack, telecommunications or Internet outages, or any other circumstances or causes beyond the control of TOG in the conduct of its business.
- Entire Agreement
Except as provided below, these Terms and Conditions constitute the entire agreement between TOG and you pertaining to the subject matter hereof. In its sole discretion, and without prior notice, TOG may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions so that you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Last updated on February 8, 2012