TERMS OF USE

Welcome to the Toybeth Systems website (“Site”).   By using or accessing this Site in any way, you agree to the following Terms of Use and our Privacy Policy (to view our Privacy Policy click here) and. If you don’t agree to our Privacy Policy or to anything in these Terms of Use, please do not use our Site.

We may, without prior notice, modify, or revise the Privacy Policy and these Terms of Use at any time. We will post any changes on this Site, and your continued use of our Site indicates your acceptance of any changes in the Privacy Policy and these Terms of Use.

This Site offers general information about our company and our services. It does not constitute an offering, contract or proposal, and is not a guarantee or warranty for any information or assertion contained therein. No agency or other relationship is generated by your use or reliance on this Site or the information contained within it.

As a condition of your use of this Site, you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use or in any way which infringes the rights of anyone else or restricts or inhibits anyone else’s use of this Site. You may not use this Site in any manner that could damage, disable, overburden, interfere or impair this Site, the networks connected to this Site or any other party’s use and enjoyment of this Site.

You may not attempt to gain unauthorized access to any Toybeth Systems account, computer system or network through hacking, password mining or any other means not intentionally made available through this Site. Toybeth Systems reserves the right to grant or deny access to its Site as it deems appropriate.

The information on this Site is not intended to be published or made available to any person in any jurisdiction where doing so would violate any applicable laws or regulations. If it is prohibited to make such information available in your jurisdiction or to you (by reason of your nationality, residence or otherwise), do not access or view this site.

You are not entitled to modify, copy, broadcast or redistribute the content of this Site, or any component of the Site, or reproduce this Site on any other website without the express written permission of Toybeth Systems. The information and materials on this Site and all intellectual property rights in or relating to them are the property of Toybeth Systems, and any reproduction, publication, broadcast or posting by you for your own benefit is prohibited, unless you obtain prior written approval from Toybeth Systems.

USER CONTENT

We may periodically post articles on the Site and we may allow you to comment on those articles, or we may allow you to provide testimonials or other information to be posted on the Site.   Toybeth Systems does not claim ownership of any comments, photos, information or materials posted or uploaded by you, including the personal information you provide through our Contact Us page (“User Content”).

However, with respect to User Content you submit or make available for inclusion on publicly accessible areas of the Site, you grant to Toybeth Systems and all users of the Site a worldwide, royalty-free and non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.

Additionally, with respect to User Content you submit or make available for inclusion on publicly accessible areas of the Site, you represent and warrant that: (a) you have the right to grant such license and make such User Content available to Toybeth Systems and its licensees, including users of the Site; (b) none of the User Content you provide contains any data or information that is confidential, non-public, owned by or otherwise proprietary to a third party, not in the public domain or otherwise restricted or protected from use by any individual, entity or other party for any use by a third party; and (c) neither the delivery to nor use by Toybeth Systems or its licensees, including users of the Site, of such User Content shall violate or infringe the rights of any third party.

You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that you, and not Toybeth Systems, are entirely responsible for all User Content that you upload, download, post, email, transmit or otherwise make available via the Site.

You agree to not use the Site to:

  1. upload, post, email, transmit or otherwise make available any User Content that:
      • violates applicable law;
      • infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party or use, modify or combine the User Content in any manner, with any other material, in any fashion that infringes the Rights of any person;
      • you do not solely have the right to make available under applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      • contains any protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented) or any similar federal or state laws, rules or regulations; or
      • otherwise may create liability or damages to Toybeth Systems;
  2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form or solicitation, except in those areas of the Site that are specially and specifically designated for solicitation;
  4. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  5. interfere with or disrupt the Site or servers or networks connected to the Site;
  6. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  7. “stalk” or otherwise harass another; and/or
  8. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through g above.

You acknowledge that Toybeth Systems may or may not pre-screen User Content, but that Toybeth Systems shall have the right (but not the obligation) to remove User Content from the Site that Toybeth Systems determines, in its discretion, may create liability or damages to Toybeth Systems, in accordance with Toybeth Systems’ policies. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that the User Content is made available to you without any warranties by Toybeth Systems of any kind, and that you may not rely on any User Content made available through the Site.

You acknowledge, consent and agree that Toybeth Systems may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Toybeth Systems, its users and the public.

You understand that the technical processing and transmission of the Site, including your User Content, may involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SECURITY

You understand that the Site, Toybeth Systems Software and any other software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Toybeth Systems. You may not attempt to override or circumvent any digital rights management technology or usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

INTERPRETATION; JURISDICTION

You have chosen to access the information on this Site, which has been formed in the State of Arizona. Thus, all information is deemed to have been provided to you in Arizona and Arizona law shall govern the provision of this information and your use of this Site. You agree to submit to the exclusive jurisdiction of the courts of Arizona for any issue in any way arising out of or in connection with these Terms of Use.

If any of the terms or conditions contained herein are held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these terms shall continue in full force and effect.

DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SITE DESCRIBED ON OR IN CONNECTION THEREWITH (THE “SITE”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOYBETH SYSTEMS DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ACCURACY OR RELIABILITY OF THE INFORMATION, USER CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. TOYBETH SYSTEMS DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TOYBETH SYSTEMS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.

WHILE TOYBETH SYSTEMS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SITE SAFE, TOYBETH SYSTEMS DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; YOU SHOULD USE ANTI-VIRUS SOFTWARE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TOYBETH SYSTEMS OR OUR AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF TOYBETH SYSTEMS, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TOYBETH SYSTEMS’ RECORDS, PROGRAMS OR SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TOYBETH SYSTEMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TOYBETH SYSTEMS FOR ACCESS TO OR USE OF THE SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DMCA INFORMATION

Toybeth Systems does not permit copyright infringing activities and infringement of intellectual property rights, and Toybeth Systems will remove the infringing User Content if properly notified of infringement.

Take-Down Notices: As required by the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material or User Content on the Toybeth Systems Site infringes your copyright, you must send a notice of claimed infringement to Toybeth Systems’ Designated Agent at the following address:

Toybeth Systems, LLC
c/o Jeana R. Morrissey, PLLC
1425 W. Elliot Road, Suite 201
Gilbert, Arizona 85233
Phone: 1 480-899-4917
Email: eni@toybethsystems.com

LINKS TO OTHER SITES

The Toybeth Systems Site may contain hyperlinks to websites operated by others. You agree that Toybeth Systems is not responsible for the operation of any and all such outside websites. A hyperlink from the Toybeth Systems Site to another website does not imply or mean that Toybeth Systems endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may or should use any content located at any other website to which you might link from the Toybeth Systems Site.