AGREEMENT TO TERMS OF USE
The toxpand website, situated at
www.toxpand.com, and all affiliated sites associated with www.toxpand.com by toxpand, its subsidiaries,
and affiliates, including toxpand sites worldwide (collectively, the “Site”). are subject to these
terms and conditions of use (the “Terms of Use”). IF YOU DO NOT AGREE, DO NOT USE THE SITE. BY USING
THE SITE, YOU AGREE TO THESE TERMS OF USE.toxpand reserves the right to alter, amend, add, or take
away any part of these Terms of Use at any moment. You must regularly check these Terms of Use for
updates. You will be deemed to have accepted and agreed to the changes if you continue to use the
Site after they have been posted. toxpand gives you a limited, non-exclusive, personal right to
access and use the Site so long as you abide by these Terms of Use.
CONTENT
All text, graphics, user interfaces, visual
interfaces, photos, trademarks, logos, artwork, and computer code (collectively, “Content”),
including but not limited to the design, structure, choice, coordination, expression, “look and
feel” and arrangement of such Content, are owned, controlled, or licensed by or to toxpand and are
protected by trade dress, copyright, patent and trademark laws, and various other intellectual
property rights. Except as expressly permitted in these Terms of Use, no part of the Site and no
Content may be distributed in any way (including “mirroring”) to any other computer, server, Web
site, or another medium for publishing or distribution or any commercial enterprise without the
express prior written consent of toxpand.You are allowed to use information about toxpand products and
services (like data sheets, knowledge base articles, and similar materials) that has been made
available by toxpand for downloading from the Website, provided that you
(1) Do not remove
any proprietary notice language throughout all copies of such documents,
(2) Use such
data only for your personal, non-commercial informational purpose, and do not copy, post, or
broadcast it in any way on any networked computer.
(3) Not alter any such
information;
(4) Not provide any further representations or guarantees concerning such
materials.
YOUR USE OF THE SITE
You may not access,
acquire, copy, or monitor any portion of the Site or any Content through the use of any “deep link,”
“page-scrape,” “robot,” “spider,” or another automatic device, program, algorithm, or methodology,
or through the use of any similar or equivalent manual process, or in any way reproduce or get
around the navigational structure or presentation of the Site or any Content, to obtain or attempt
to obtain any materials, documents, or information through any means not intended for such purpose.
Any such conduct may be prohibited by toxpand.By hacking, password “mining,” or any other illegal
methods, you may not attempt to gain unauthorized access to any area or feature of the Site, any
other networks or systems connected to the Site or any toxpand server, or any of the services made
available on or through the Site.You are not permitted to test the security or authentication
mechanisms on the Site or any network connected to the Site, nor may you probe, scan, or test their
vulnerability. You may not use the Site or any service or data made available or offer by or through
the Site in any way that reveals any information, such as but not limited to personally identifiable
information or information, other than your information. You may not reverse look-up, trace, or seek
to trace any information on any additional user of or visitor to the Site, or any additional
customer of toxpand, along with any toxpand account not owned by you, to its source. The
infrastructure of the Site, the systems or networks of toxpand, or any other systems or networks
connected to the Site or toxpand, may not be subjected to any actions that impose an excessively
large or unreasonable strain.You hereby undertake not to use any tool, program, or routine to
disrupt or attempt to disrupt the correct operation of the Site, any transaction being carried out
on the Site, or the use of the Site by any other person.You are not permitted to alter identifiers
or forge headers in any way to hide the source of any message or transmission you submit to toxpand
on or via the website or any service made available on or through the website. You are not permitted
to impersonate any other person or entity or to represent yourself as someone else.You are not
permitted to use the Site or other Content for any illegal or prohibited purposes outlined in these
Terms of Use or to solicit others to engage in any illegal or prohibited action that violates
toxpand’s or third parties’ rights.
PRIVACY
The terms of
toxpand’s Privacy Policy are made a component of these Terms of Use through this reference and apply
to the use of this Site. Click here to view toxpand’s privacy statement. You also realize and
acknowledge that Internet transmissions are not ever entirely private or secure by utilizing the
Site. Even if there is a specific warning stating that a particular communication (for instance,
personal information) is encrypted, you realize that any message or information you submit to the
Site could be accessed or intercepted by others.
LINKS TO OTHER SITES AND THE
toxpand SITE
Links to other independent third-party Web sites (“Linked Sites”) may be
found on this website. These Linked Sites are only offered to our users as a convenience. The
contents of such Linked Sites, along with any information or materials therein, are not under
toxpand’s control, thus toxpand is not accountable for and does not support the content of such Linked
Sites. About your interaction with these Linked Sites, you must exercise independent discretion.
DISCLAIMERStoxpand DOES NOT GUARANTEE THAT YOUR USE OF THE SITE WILL RESULT IN ANY
PARTICULAR OUTCOME OR THAT THE SITE OR OTHER CONTENT, SERVICE, OR FUNCTION OF THE SITE WILL INDEED
BE ERROR-FREE OR UNINTERRUPTED, OR IF ANY DEFECTS WILL BE CORRECTED. THE WEBSITE AND ITS CONTENT ARE
PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. THE SITE’S INFORMATION IS ALL SUBJECT TO CHANGE AT ANY
TIME WITHOUT PRIOR NOTICE. ANY FILES OR OTHER INFORMATION YOU DOWNLOAD FROM THE SITE MAY CONTAIN
VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES, BUT toxpand CAN NOT ENSURE THIS. INCLUDING ANY
WARRANTY OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE,
toxpand DISCLAIMS ALL WARRANTIES, IMPLIED OR EXPRESS. IN CONNECTION WITH OR IN CONNECTION WITH YOUR
ACCESS TO THE SITE AND/OR ANY toxpand SERVICES, toxpand DISCLAIMS ALL SUCH LIABILITY FOR THE ACTS,
OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES. YOU AGREE THAT YOUR USE OF THE SITE AS WELL AS ANY
LINKED SITES IS AT YOUR SOLE RISK. TO STOP USING THE SITE AND ANY SUCH CONTENT IS YOUR ONLY REMEDY
AGAINST toxpand FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT. THIS LIMITATION OF RELIEF IS A
CONDITION OF THE PARTIES’ AGREEMENT. The aforementioned disclaimer applies to any damages,
liabilities, or injuries brought on by any breach of performance, mistake, omission, interruption,
erasure, defect, lag in operation or transmission, communication line failure, theft, computer
virus, or destruction of, unauthorized access to, alteration of, or use, whether for tort,
negligence, or other reasons. toxpand reserves the right, at any time and without notice,
to:
(1) Modify, suspend, or terminate operation of or access to the Site, or any portion
of the Site, for any reason;
(2) Modify or change the Site, or any portion of the Site,
and any applicable policies or terms; and
(3) Disturb the operation of the Site, or
indeed any portion of the Site, as necessary to carry out routine or non-routine maintenance, error
correction, or other changes.
INDEMNITY
By using the Site,
you agree to hold toxpand, its officers, directors, shareholders, predecessors, successors in
interest, employees, agents, subsidiaries, and affiliates harmless from any demands, losses,
liabilities, claims, or expenses (including attorneys’ fees) made against toxpand by any third party
as a result of or arising from or in connection with your use of the Site.
VIOLATION OF THESE TERMS OF USE
If toxpand determines
that disclosing such information is necessary in connection with any inquiry into or grievance
regarding your use of the Site, or to identify, contact, or seek legal action against anyone who may
be causing harm to or interference with toxpand’s rights or property, or the rights or property of
visitors to or users of the Site, including The right to disclose any information that toxpand deems
necessary to satisfy any relevant law, regulation, legal process, or governmental request is a right
that toxpand reserves at all times. When toxpand determines that the law allows or enables such
disclosure, including exchanging data with other businesses and organizations for fraud protection
purposes, toxpand may also release your information.You recognize and accept that toxpand may keep a
copy of any transmission or communication you make to toxpand through the Site or any service made
available on or through the Site and that toxpand may also disclose such data if required to do so by
law or if toxpand determines that such preservation or disclosure is necessary to
(1)
abide by court orders,
(2) uphold the terms of this agreement,
(3) address
complaints that any such data breaches the rights of third parties, or
(4) defend the
rights, property, or personal safety of toxpand, its staff, users of the site, and the general
public.
You acknowledge and agree that toxpand may, in its sole discretion and without
prior notice, terminate your access to the Site and/or block your future access to the Site if we
determine that you have broken any of these Terms of Use or other agreements or guidelines that may
be related to your use of the Site. You also acknowledge that any violation of these Terms of Use by
you will be illegal, and unfair, and will result in toxpand suffering irreparable harm for which
monetary compensation would be inadequate. Accordingly, you agree to allow toxpand to seek any
injunctive or equitable relief that toxpand may find necessary or appropriate in such a situation.
These remedies are in addition to any other legal or equitable options toxpand may have.You
acknowledge that toxpand may terminate your access to the Site for any reason, including (but not
limited to) (1) requests from law enforcement or other government agencies, (2) requests from you
(self-initiated account deletions), (3) discontinuance or material modification of the Site or any
service provided on or through the Site, or (4) unexpected technical issues or problems. toxpand
reserves the right to exercise its sole discretion in determining the grounds for termination.toxpand
will be entitled to recover from you, and you agree to pay, any reasonable lawyers’ fees and costs
of such action, in addition to any other relief granted to toxpand, if toxpand does take any legal
action against you as a result of your breach of these Terms of Use. You acknowledge that if these
Terms of Use are violated, toxpand may terminate your access to the Site without notice and liability
to you or any third person.
GOVERNING LAW; DISPUTE RESOLUTION
You accept that the laws of Dubai jurisdiction, without respect to its rules on
conflicts of laws, will govern all things relating to your access to or use of the Site, including
all disputes. This restriction does not apply to claims made by the specific terms and conditions of
purchase for goods and services. Other than for actual out-of-pocket costs, no recovery may be
requested or collected; nonetheless, the victorious party shall be entitled to costs and attorneys’
fees.toxpand and you must quickly and in good faith endeavor to resolve any issue or dispute that may
arise between you and toxpand about your use of the Site. Either party may request mediation if we
are unable to settle any such issue within a reasonable amount of time (not to exceed thirty (30)
days). If mediation is unsuccessful, the parties are free to pursue any legal rights or remedies
that may be available to them.
VOID WHERE PROHIBITED
The
www.toxpand.com Site is managed and run by toxpand from its Dubai Data Center location; other toxpand
sites might be managed and run from different places outside of Dubai. Despite being accessible from
anywhere in the globe, not all features, products, or services mentioned, provided, or offered
through or on the Site are accessible to all users, in all places, or suitable for use outside of
Dubai. In its sole discretion, toxpand reserves the right to restrict who is eligible to use a
particular feature, product, or service as well as how much is offered to them. Any offer made on
the site for any feature, item, or service is void where prohibited. If you choose to visit the Site
from a location outside of Dubai, you do so voluntarily and are solely responsible for abiding by
any local laws in that location.
MISCELLANEOUS
Any product
or service offered on the Site, as well as any copy or adaption of such a product or service, may
not be used, exported, or reexported in contravention of any relevant laws or regulations, including
without limitation the export laws and regulations of Dubai. If a court or other tribunal of
competent jurisdiction finds any provision of these Terms of Use to be invalid or unenforceable,
that provision shall be limited or eliminated to the absolute minimum amount necessary and shall be
replaced with a valid provision that most closely reflects the intent of these Terms of Use, such
that these Terms of Use shall continue to be in full force and effect. Any prior written or oral
agreements or understandings between you and toxpand regarding such use are therefore superseded and
revoked. These Terms of Use represent the complete agreement between you and toxpand about your use
of the Site. toxpand will not accept any counter-offers to these Terms of Use, save as specified in a
purchase agreement you engage into with toxpand, and all such offers are hereby expressly refused.
The purpose of these Terms of Use is not to grant any third parties any rights or remedies. toxpand
may refer to or cross-refer to toxpand products, programs, and services that have not yet been made
public in your country because it gives access to toxpand international data. Any mention of such
items, programs, or services does not indicate that toxpand in your nation intends to announce them.
FEEDBACK AND INFORMATION
Any comments you make on this
website will be regarded as non-confidential. Such information shall be available for unrestricted
use by toxpand. Please contact info@toxpand.com if you have any questions. The information
contained in this website is subject to change without notice