Terms and Conditions
Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Totoly Jake Inc. The collective work includes works that are licensed to Totoly Jake Inc. Copyright 2003, Totoly Jake Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Totoly Jake Inc. or purchasing Totoly Jake Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Totoly Jake Inc. or to purchase Totoly Jake Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Totoly Jake Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Totoly Jake Inc. used in the site are trademarks or registered trademarks of Totoly Jake Inc.
Totoly Jake Inc. guarantees its products to be free of defects in material and manufacturing. Totoly Jake Inc. warranty does not apply to labor costs, or any other charges that may be included in the installation, repair or replacement of the product.
Limitation of Liability
The purchaser shall be solely responsible for testing and verifying the suitability of the product for any intended use. No Warranty for intended use is implied. The purchaser assumes all such risk and liability for proper installation and use of the product. Totoly Jake Inc.’s only obligation is replacement or credit for any product proven to be defective
In the event that a Totoly Jake Inc. product is mistakenly listed at an incorrect price, Totoly Jake Inc. reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. Totoly Jake Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Totoly Jake Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
All duties and fees are required to be paid by the customer and are not the responsibility of Totoly Jake Inc. or its affiliates.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Totoly Jake Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Totoly Jake Inc. may deliver notice to you by means of e-mail, or by another reliable method, to the address you have provided to Totoly Jake Inc.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Totoly Jake Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Totoly Jake Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Totoly Jake Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Totoly Jake Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including any employee, host, or representative of Totoly Jake Inc., or other site members or visitors, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Totoly Jake Inc. does not review and cannot review all communications and materials posted to or created by users accessing the site, and is not responsible in any way for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Totoly Jake Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Totoly Jake Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Totoly Jake Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless Totoly Jake Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an effort to provide added value to our visitors, Totoly Jake Inc. may provide links to third-party websites. However, even if the third party is affiliated with Totoly Jake Inc., Totoly Jake Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Totoly Jake Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Totoly Jake Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).