Terms of Service
BY USING THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY.
These terms and conditions (these “Terms”) apply to your use of www.drinktohi.com the “Website”). These Terms are subject to change by Tohi Ventures LLC (“Tohi”, “us”, “we”, or “our”) as described herein. The latest version of these Terms will be posted on this Website, and you should review these Terms periodically and before purchasing any product from us. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
- Your Use of the Website.
2.1. Your permission to use of this Website is contingent upon your acceptance of these Terms.
2.2. We reserve the right to suspend your access to the Website or your ability to purchase our products if we reasonably suspect or can confirm that you have violated these Terms.
2.3. We may terminate your service at any time for any reason, consistent with state and federal United States law.
2.4. By agreeing to these terms, you represent that you are at least the age of majority in your state or providence of residence.
2.5. You shall not use this Website or our products for any nefarious, unlawful, or unauthorized purpose.
2.6. You shall not use this Website to transmit worms, viruses, or any other form of malicious or destructive code to our systems’, others’ systems, or other systems that are under your control.
- Third Party Links.
3.1. Certain content, products and services available via our Service may include materials from third parties.
3.2. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third – party website. We do not warrant, and shall not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties.
3.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
- Location. We control and operate the Website from our facilities in the United States of America, and we make no representations that the Website is appropriate or available for use in other locations. You are not authorized to access the Website from any jurisdiction other than the United States of America. IF YOU CHOOSE TO DO SO, YOU ARE IN VIOLATION OF THIS AGREEMENT AND RELEASE US FROM ANY CLAIM YOU MIGHT OTHERWISE HAVE AGAINST US ARISING OUT OF LAWS IN YOUR JURISDICTION.
- LIMITED WARRANTY.
5.1. Tohi will accept returns on items that are unused, in the original box, and within 30 days of the original purchase date. Customer will be held responsible for return shipping and processing.
5.2. If an item is defective, has shipping damage, or is missing a component please contact Customer Service for assistance at firstname.lastname@example.org.
- Intellectual Property Use and Ownership.
6.1. Tohi and any of its applicable licensor(s) are and shall remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights.
6.2. You do not and shall not have or acquire any ownership of these intellectual property rights in or to any Tohi products, or of any intellectual property rights relating to those products, by interacting with this Website in any way.
6.3. You agree that you will not attempt to replicate, reverse-engineer, or otherwise reproduce products viewed or purchased using this Website.
6.5. If you are a copyright owner or an owner’s agent, and you find content that infringes upon your copyrights on our Website, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide our us with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated copyright agent can be reached by contacting us at email@example.com or Customer Service at 1100 Main Street, 4th Floor, Kansas City, MO 64105, United States.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid or may create civil liability for you under the DMCA.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate materials or telecommunication breakdown or power outage.
- Limitation of Liability. THE REMEDIES DESCRIBED IN SECTION 9 ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY DEFECTIVE PRODUCT AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF ANY MODIFICATION TO OR MISUSE OF THE PRODUCTS, AND ANY RESULTING INJURIES, PRICE CHANGES, OR ANY TEMPORARY OR PERMANENT DISCONTINUATION OF ANY OF OUR BUSINESS ACTIVITIES, INCLUDING THE PRODUCTION OF OUR PRODUCTS AND THE OPERATION OF THIS WEBSITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Dispute Resolution.
10.1. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of any product for sale, will be resolved exclusively and finally by the procedure contained in this Section 10.
10.2. Before either you or we initiate legal action to resolve any dispute arising under these Terms, the aggrieved party shall first contact the other party and attempt in good faith to resolve the dispute informally.
10.3. If the parties’ attempt to resolve the dispute informally fail, either party may bring suit in the federal or state courts located in or governing Jackson County, Missouri. The parties expressly consent to the personal jurisdiction of such courts and waive any argument against the litigating the dispute in that forum, including those arising from the doctrine of forum non conveniens.
10.4. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Missouri.
10.5. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color or image will be accurate.
10.6. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction.
10.7. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation shall relieve you of any of your obligations under these Terms.
- No Waiver. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Tohi.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
14.1. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
14.2. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail at 1100 Main Street, 4th Floor, Kansas City, MO, United States. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.