Terms & Conditions

Terms

By accessing this website and/or clicking “Yes, I agree with the terms and conditions” you agree to be bound by this website’s Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are not authorized to use or access this site.

THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL, AND LIMIT THE EXTENT AND MANNER IN WHICH YOU CAN SEEK RELIEF FOR ALL CLAIMS RELATED TO YOUR USE OF THIS WEBSITE AND TO THE FULLEST EXTENT PERMITTED BY LAW. See Section 8, below, for more details.

Tovolo reserves the right to update or modify these terms of use for its website at any time without prior notice. You agree to be bound by the current version of these Terms and Conditions. For this reason, we encourage you to review all Terms and Policies whenever you use this site.

Proprietary Rights

Tovolo's logos and trademarks, as well as other marks, trade names, trademarks and logos on our website, are the properties of their respective owners. You may not reproduce or copy such logos in any manner without the prior consent of the owner.

The entire contents of our website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software are subject to copyright, trademark or other proprietary rights or licenses held by Tovolo or used by Tovolo with permission from third-parties. All content is copyrighted as a collective work under the U.S. and international copyright laws.

Any republication, retransmission, reproduction or other use of the trademarks, images or photos from this website is strictly prohibited.

Disclaimer

The materials on Tovolo's website are provided "as is". Tovolo makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Tovolo does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

Limitations on Liability

To the fullest extent permitted by law, in no event shall Tovolo, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Tovolo Internet site or the performance of the products, even if Tovolo or a Tovolo authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Tovolo's website could include technical, typographical, or photographic errors. Tovolo does not warrant that any of the materials on its website are accurate, complete, or current. Tovolo may make changes to the materials contained on its website at any time without notice. Tovolo does not, however, make any commitment to update the materials.

Submissions

Any remarks, suggestions, ideas, messages and data submitted by you to Tovolo through our website shall be and remain the exclusive property of Tovolo. Therefore, Tovolo discourages you from submitting anything that you do not wish to assign to Tovolo including confidential information or any original creative materials such as product ideas or original works. If you have any ideas, concepts, or know-how techniques, please submit them here.

Governing Law

Tovolo is located in and operates from the State of Ohio. Any claim relating to your use of the website or relating to the underlying products shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.

Disputes

Any dispute or claim relating in any way to these terms of use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims so qualify. The Federal Arbitration Act and federal arbitration law will apply to any arbitration conducted in connection with these terms and conditions, and any such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). To the fullest extent permitted by law, we each agree that any arbitration or other dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Tovolo agree, to the fullest extent permitted by law, to waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens, and you agree to give up any right to a jury trial in any such arbitration or other dispute resolution proceeding.

Site transactions

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased. In the event we make a change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Indemnification

You agree to defend, indemnify and hold Tovolo harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the site or your breach of any representation, warranty, term or other provision of these Terms and Conditions.