Last Updated: April 3, 2023
Hello and welcome to TomTex Inc. (“Company”, “we”, “us” or “our”) website located at https://www.tomtex.co/ (our “Website”)! We work at the intersection of design, chemistry, and biology to provide a radically sustainable material for everyone and every need.
Please read these Terms of Service (these “Terms”) carefully. These Terms create a legal agreement between you (“you” or “your”) and TomTex Inc. establishing the terms and conditions under which you may access and use any software or services that we make available to you on our Website and related applications, including any mobile application that we may make available (our “Platform”), as well as any offline services that we may from time to time provide to you (collectively, our “Services”). Any terms used but not defined herein shall have the meanings set forth in Section 11 of these Terms.
In order to use our Services, you may be required to create an account (an “Account”). We may ask you to create a username and password or we may permit you to login through a third party application (your username and password for us or such third party application, your “Login Credentials”). You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for any activity that occurs on your Account, including with respect to any financial obligation. You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission. We are not responsible for any loss or damage caused directly or indirectly by your failure to safeguard your Login Credentials.
During registration for your Account, we may require you to provide certain information, such as your name, email address, physical address, phone number or payment account information (any such information, your “Account Information”). You represent, warrant and covenant to us that your Account Information is accurate. You are responsible for ensuring that your Account Information remains up to date. We may contact you to verify your Account Information and may require you to provide additional information for purposes of fraud prevention or verifying your Account Information. We may suspend you from our Services if you do not provide such information to our reasonable satisfaction.
You hereby agree: (i) to receive communications, including emails, text messages, push notifications, mail, and telephone calls, that are related to our Services; (ii) that any communications from us may also include marketing materials from us or from third parties; and (iii) that any notices, agreements, disclosures, or other communications that we send to you electronically are deemed to satisfy any legal communication requirements. You may opt-out of receiving our communications by selecting to unsubscribe as may be provided in the applicable communication. In addition, if you have an Account we may allow you to opt-in to receive certain communications related to your Account activity. You may choose to opt-out of such communications at any time through your Account.
We may change or update our Services at any time and for any reason. For instance, we may add or remove features including making free Services paid Services and vice versa. We will endeavor to give you advance notice about any material changes. However, you understand and agree that we may modify our Services at any time without prior notice to you.
We may suspend or discontinue our Services in whole or in part at any time and for any reason without notice to you. Our Services may periodically become unavailable due to maintenance or malfunction of computer equipment or other reasons. In order to use our Services, you must have a computer with Internet access that can access our Website or a compatible mobile device enabled with any mobile application we may provide. You are solely responsible for procuring any hardware, software or other materials that are required or recommended for your use of our Services.
We may terminate your access to our Services, in our sole discretion, at any time and for any reason. If you have provided us with your email address, we may provide electronic notice of such termination to you at such email address. You agree that we are not liable to you or any third party for any termination of your access to our Services.
You may terminate these Terms at any time by ceasing to use our Services and, if applicable, by closing your Account. If you have an Account, we may provide instructions on our Platform for how to close your Account. Please follow such instructions to close your Account.
The following Sections of these Terms and any accrued obligations will survive any termination of these Terms: Sections 4, 5, 7, and 10, and any related definitions.
Your sole remedy if you are dissatisfied with our Services or these Terms is that you may discontinue your use of our Services. However, if you would like to provide feedback or suggestions regarding our Services or these Terms (collectively, “Feedback”), you may in your discretion contact us at firstname.lastname@example.org. We do not guarantee that any modification will be made to our Services or these Terms based on your Feedback. In no event will any modification to our Services or these Terms following receipt of your Feedback evidence assumption of liability by Company of any claim or future claim that may be brought in connection with such Services or Terms.
Nothing contained on our Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the written permission of the third party that owns the applicable trademark, copyright or other material displayed on our Platform.
Our Services use the Internet in connection with data transfer and storage of Content and Individual Data. Though we take commercially reasonable security measures, no such security measures are entirely effective and Internet communications have inherent insecurities. We make no representations or warranties regarding the security offered in respect of your use of our Services.
As a condition of your use of our Services, you will not use our Services for any purpose that is unlawful or otherwise prohibited by these Terms. You further agree to comply with any other applicable terms and conditions of use set forth on our Services. We reserve the right, without prior notice to you and in our sole discretion, to terminate your access to our Services if we decide that your use violates these Terms, including for the reasons listed in this Section 5(b), or for any other reason.
You agree not, and will not permit any person or entity, to: (i) use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign or other applicable law or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious or negligent manner when using our Services; (iii) act in any manner that, in our sole discretion, could damage, disable, overburden, impair or interfere with any other party’s use of our Services; (iv) obtain or attempt to obtain any information through any means not intentionally made available through our Services; (v) obtain unauthorized access to any computer system through our Services; (vi) circumvent, remove or otherwise interfere with any security-related features of our Services, features that prevent copying or using any part of our Services or features that enforce limitations on the use of our Services or any Content; (vii) introduce viruses, worms, Trojan horses or harmful code to our Services; or (viii) use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of our Services or any Content. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession.
You agree that you will not, and will not authorize or facilitate any attempt by another person or organization to use our Services to, in each case as determined by us in our sole discretion: (i) transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable; (ii) use a name or language that we deem offensive; (iii) post defamatory statements; (iv) post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious or other group; (v) post Content that depicts or advocates the use of illegal drugs; (vi) post Content that characterizes violence as acceptable, glamorous or desirable; (vii) post Content which infringes another’s copyright, trademark or trade secret; (viii) post unsolicited advertising or unlawfully promote products or services; (ix) harass, threaten, bully, stalk or intentionally embarrass or cause distress to another person or entity; (x) promote, solicit or participate in any multi-level marketing or pyramid schemes; (xi) exploit children under 18 years of age; (xii) engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum; (xiii) invade the privacy of any person, including posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age); (xiv) solicit personal information from children under 13 years of age; (xv) create a false identity or impersonate another person or entity; or (xvi) encourage conduct that would constitute a criminal or civil offense. We reserve the right to consider other conduct to be prohibited. You agree not to post any content to any of our social media accounts that is any of items (i)–(xvi) above.
You agree that the structure, organization, and code used in conjunction with our Services are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or otherwise for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of our Services or any Content available through the foregoing; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from our Services; or (iv) sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms. Unless as otherwise set forth by us in writing, you understand and acknowledge that all Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
Our Services may include features or functionalities that interoperate with services operated by third parties, including Shopify, Inc., which may be pursuant to a generally available application programming interface made available by such third party or an agreement that we have with such third party. We have no control over any features or functionalities offered by any third party, and such features or functionalities may be modified, suspended or terminated at any time without notice.
You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) are not parties to these Terms; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to Company; (iii) are not responsible for addressing claims by you or any third party relating to our Services, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that our Services or use thereof infringes any third party intellectual property rights.
When using our Services, your telecommunications carrier’s normal rates and charges apply. Unless otherwise set forth in these Terms, we are not responsible for any charges you incur from your telecommunications carrier or otherwise as a result of your use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of any agreement with your telecommunications carrier.
Our Services are only a means of connecting Users, and we do not take part in the interaction between or among Users. As a result of our limited involvement in the actual contact between or among Users, in the event that you have a dispute with any User, you hereby release us, and our officers, directors, employees, agents, investors, subsidiaries and contractors from any and all claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. We expressly disclaim any liability or claims that may arise between or among Users of our Services. You waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You hereby waive any other similar provision of applicable law that applies to you.
By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees, agents, investors, subsidiaries and contractors from any claims, damages, losses, liabilities, and costs and expenses of defense (collectively, “Claims”), including attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your provision of any Content, (ii) your use of our Services or Products or (iii) any user or other third party’s use of any Content that you submit via our Services. At our option, you agree to defend us from any Claims.
Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly agent of Company.
You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns.
We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of each other.
These Terms and any dispute between you and us shall be governed by the laws of New York without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that this Section 9 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the agreement to arbitrate set forth in Section 10 or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the New York except that you or we are permitted (a) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure and if such court is located in the United States of America; (b) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (c) to seek enforcement of a judgment in any court having jurisdiction over the parties. To the extent permitted by applicable law, you and we agree to waive trial by jury in any court proceeding.
You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your Company account, if applicable, to which the opt-out applies and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out: TomTex Inc. ATTN: Arbitration Out-Out, 257 Gold Street, Apt. 505, Brooklyn, NY 11201.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the arbitration procedures set forth in Section 10 (other than a change to any notice address or Website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate such arbitration procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing such arbitration procedures is posted to our Website, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
In accordance with Section 3 (Modifying and Terminating Service), this Section 10 (Agreement to Arbitrate; Waiver of Class Action) will survive the termination of your relationship with us.
As used in these Terms, the following terms have the respective meanings set forth below.
If you have any questions about these Terms, please contact us at email@example.com.