Terms of Service
- THE TERMS AND CONDITIONS BELOW GOVERN YOUR ACCESS AND USE OF THIS WEBSITE AS WELL AS YOUR USE, PURCHASE OR RESALE OF PRODUCTS/SERVICES/EQUIPMENT AVAILABLE ON THIS WEBSITE OR OTHERWISE.
- YOU AGREE WITH “TERMS AND CONDITIONS” PUT FORTH HEREIN BY ACCESSING AND/OR INTERACTING WITH AND/OR UTILIZING THIS WEBSITE AND/OR THE PRODUCTS AND/OR THE SERVICES HEREIN. IF YOU DO NOT AGREE TO BE TOTALLY BOUND TO ANY AND ALL PORTIONS OF THE “TERMS AND CONDITIONS,” PLEASE EXIT THIS WEBSITE IMMEDIATELY AND DO NOT FURTHER ACCESS WEBSITE, OR USE THE SERVICES AND/OR PRODUCTS PROVIDED THROUGH THIS WEBSITE OR OTHERWISE. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/ OR CONTRIBUTORS OF CONTENT.
- BY AGREEING TO THESE TERMS AND CONDITIONS BELOW YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE, OR THAT YOU ARE THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE THIS SITE.
- YOU MAY NOT USE OUR PRODUCTS FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE NOR MAY YOU, IN THE USE OF THE SERVICE, VIOLATE ANY LAWS IN YOUR JURISDICTION (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY LAW).
- A BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULT IN AN IMMEDIATE TERMINATION OF YOUR USE OF THIS WEBSITE, SERVICES AND/OR PRODUCTS.
- Toxic Angelz. Refers to Toxic Angelz Bikinis, LLC.
- You or Your. Refers to you, the accessor and user of this website and/or user and/or buyer of the products/services provided by Toxic Angelz or their affiliates.
- Product or Products. This term refers to any products, services, and/or equipment available for purchase from Toxic Angelz (or their affiliates) through this website or otherwise.
NO WARRANTIES AND LIMITATIONS OF LIABILITY
- No Warranties. THE PRODUCTS AVAILABLE ON OR THROUGH THIS WEBSITE OR OTHERWISE ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
- Liability Limitation. IN NO EVENT SHALL TOXIC ANGELZ BE LIABLE TO THE YOU, YOUR EMPLOYEES, CONTRACTORS, AND/OR AGENTS, OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR LOST PROFITS FOR ANY CLAIM OR DEMAND OF ANY NATURE OR KIND, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF.
- To the maximum extent permitted by law, You hereby agree that Toxic Angelz is not liable under any contract, negligence, other tort, strict liability, or other legal or equitable theory for any loss of use of the Product, inconvenience, or damages of any kind whatsoever, whether direct, special, incidental, punitive, or consequential (including, but not limited to, loss of anticipated or actual profits or revenue, business interruption, loss of use, cost of capital, loss or damage to property or equipment, loss of goodwill, work stoppage, or failure of other equipment attached to, contained in, stored on, or integrated with the Product) resulting from the use of the Product, even if Toxic Angelz has been advised of the possibility of such damages.
- Further, You agree through these terms and conditions that the maximum possible liability of Toxic Angelz under any circumstances relating to the Product is the amount paid for the Product.
- You, as the user of the Product and this website, shall defend, indemnify, and hold harmless Toxic Angelz, its subsidiaries and affiliates, and its and their respective directors, officers, partners, employees, agents, successors, and assigns (“Indemnified Parties”) from any claims, demands, lawsuits, damages, liabilities, expenses (including, but not limited to, reasonable fees and disbursements of counsel and court costs), judgments, settlements and penalties of every kind (“Claims”) that may be made:
- by anyone for injuries (including death) to persons or damage to property resulting in whole or in part from Your acts or omissions relating in any way whatsoever to Your use of the Products or this website (and Content), and/or Your directors, officers, partners, shareholders, members, contractors, employees, agents, successors, and assigns: under Workers’ Compensation, or similar acts; or under any statute, at common law or otherwise, under any legal theory to the fullest extent of the law.
- The foregoing indemnification shall apply whether You or an Indemnified Party defends such Claim, and whether the Claim arises, or is alleged to arise, out of the sole acts or omissions of You (and/or Your respective directors, officers, partners, employees, agents, successors, and assigns), and any Indemnified Parties. You shall bind Your respective directors, officers, partners, employees, agents, successors, and assigns, if any, to similarly indemnify, hold harmless, and defend the Indemnified Parties.
- Toxic Angelz will provide You with prompt, written notice of any Claim covered by this indemnification, and will cooperate with You in connection with Your evaluation of such Claim.
- You shall defend any Indemnified Party, at the Indemnified Party’s request, including, but not limited to Toxic Angelz, against any Claim.
- Promptly after receipt of a Claim, You shall assume the defense of such Claim with counsel selected by Toxic Angelz, whose selection shall be in Toxic Angelz’s sole discretion.
- You shall not settle or compromise any Claim, or consent to the entry of any judgment on any Claim, without the prior written consent of each Indemnified Party, including, but not limited to Toxic Angelz, which shall not be unreasonably withheld, and without an unconditional release of all claims by each claimant or plaintiff in favor of each Indemnified Party.
- Although insurance may cover some or all of Your defense and indemnity obligations, the availability of, or amount of, insurance does not affect Your defense and indemnity obligations.
ASSUMPTION OF RISK
- You understand and acknowledge there are risks involved with the use of the Products put forth by Toxic Angelz. You agree to assume the risk and full responsibility of any and all injuries, sickness, losses or damages during the service or side effects You (or others You supply and/or recommend the Products to) may experience from any Products or instructions on how to use such on this website.
- Changes to the Terms of Service. Toxic Angelz may modify these Terms and Conditions from time to time. When changes are made, Toxic Angelz will notify You by making the revised version available on this page. Any such changes will become effective immediately. You should revisit these Terms and Conditions on a consistent basis for these revisions, as they will be binding upon You. Please note that Your continued use of the Service after any such changes become effective constitutes Your acceptance of the new Terms and Conditions.
- Price Changes. Toxic Angelz reserves the right to change prices of its Products at any time in their own discretion and without prior notice of such to You, and shall not be liable for issues relating to such.
- Discontinuation of Productions. Toxic Angelz reserves the right to discontinue its Products at any time in their own discretion and without prior notice of such to You, and shall not be liable for issues relating to such.
- Online Display of Products. Toxic Angelz has, the best it can, correctly put forth its Products on this website as to the given Products size, colors, smells, and other physical and non-physical attributes as accurate as possible. Toxic Angelz cannot and will not guarantee its statements on these attributes and/or that they appear the same on the device You choose to access this website through.
- Discretion to Discontinue Sales or Use. Toxic Angelz has the right to discontinue any Products sales with You for any reason at its sole discretion. Toxic Angelz has the right to limit or eliminate Your use of this website for any reason at its sole discretion.
- No Reproduction. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products or this website without express written permission by Toxic Angelz.
- Not Responsible for Content on Website. Toxic Angelz is not responsible if information made available on this site is not accurate, complete or current. The material on this site and product descriptions and/or uses is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance by You on the materials put forth on this website is at Your own risk.
- Third-Party Links on Website. Toxic Angelz is not responsible for Your use and/or access non-affiliated products or brands referenced, or links provided through this website, and, further, does not in any way guarantee or is responsible for such thirdparty’s products or services or statements.
- Errors on this Website. Toxic Angelz is not responsible for, and reserves the right to correct, errors, inaccuracies or omissions at any time prior to, during and after any order You may make through this website.
- Assignment. You may not assign any of Your rights, or delegate any of its duties, responsibilities, or obligations under these Terms and Conditions, in whole or in part, by operation of law or otherwise, without the prior written consent of Toxic Angelz.
- Authority. You agree that You have all power and authority to enter into, and perform, all of their respective obligations You have committed to under these Terms and Conditions.
- Binding Effect. You agreement to these Terms and Conditions shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors, and permitted assigns.
- Compliance with Laws and Permits. You agree that You have conducted Your Yourself in material compliance with all laws and other requirements of all applicable governmental authorities in using this website and the Products, the noncompliance with which could have a material adverse effect on Toxic Angelz.
- Construction. These Terms and Conditions shall be construed as if drafted jointly by You and Toxic Angelz, and no presumption or burden of proof shall arise favoring or disfavoring either party by virtue of the authorship of any of the provisions of these Terms and Conditions.
- Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the parties agreement in accordance with these Terms and Conditions for all purposes.
- Governing Law. The construction, interpretation, and performance of these Terms and Agreement, and Your agreement to such, shall be governed by, and construed in accordance with the laws of the State of California, without regard to any conflicts of law principles that would require the application of the laws of any other jurisdiction. The parties expressly exclude from these Terms and Agreement, and Your agreement to such, and any transaction(s) entered into relating to this Agreement, the application of any nonUnited States laws, and any treaties of the United States, including the United Nations Convention on Contracts for the International Sale of Goods. The parties intentionally, waive any other law, convention, or regulation that might provide an alternative law, or construction to the fullest extent such waiver is legally permissible.
- Grammar. Unless the context otherwise requires, the singular includes the plural, the plural includes the singular, and the masculine gender includes the neuter or feminine gender, and vice versa.
- Headings. The headings, and table of contents, contained in this Agreement are for reference and convenience only, and shall not in any way affect the meaning or interpretation of this Agreement.
- Jurisdiction. Any legal or equitable action relating to this Agreement shall be exclusively subject to the jurisdiction of the state courts of California, or the United States District Courts in the State of California, to the exclusion of all other jurisdictions.
- Mediation. Any dispute between the parties relating to these Terms and Conditions that they are unable to resolve themselves shall be submitted to mediation before JAMS in San Francisco. All mediation costs shall be shared equally by the parties.
- Requirement for attorneys’ fees. If mediation is unsuccessful, and the parties engage in arbitration or litigation, then the prevailing Party in any arbitration or litigation shall be entitled to recover that party’s reasonable attorneys’ fees and costs unless the prevailing party has failed to first participate in mediation in good faith after being requested, in writing, to mediate a dispute.
- If a mediator has not been selected, and a mediation date not scheduled on or before thirty (30) calendar days after the mediation request was served by the requesting party, then the requesting party shall be deemed to have satisfied the mediation requirement, the non-requesting party shall be deemed to have refused to mediate, and the requesting party is free to take whatever further legal action such party determines is appropriate.
- At the conclusion of any unsuccessful mediation, the mediator shall make and execute a statement that provides the mediator’s determination whether each party participated in mediation in a good faith effort to try to resolve the parties’ disputes.
- Such statement shall be provided to any subsequent arbitrator or judge, who shall accept it as conclusive proof on the issue of good faith participation in mediation for the purpose of awarding attorneys’ fees and costs.
- By Your agreement to these Terms and Conditions, You authorize the mediator to prepare the good faith documentation, and further agree that such documentation may be submitted to a court or arbitrator as authorized by Evidence Code § 1121, which provides: “Neither a mediator nor anyone else may submit to a court or other adjudicative body, and a court or other adjudicative body may not consider, any report, assessment, evaluation, recommendation, or finding of any kind by the mediator concerning a mediation conducted by the mediator, other than a report that is mandated by court rule or other law and that states only whether an agreement was reached, unless all parties to the mediation expressly agree otherwise in writing, or orally in accordance with Section 1118.”
- If the parties settle their dispute at mediation, each shall bear their own attorneys’ fees and costs except that the charges of the mediation provider and mediator shall be split equally amongst the parties. A party that participated in mediation in good faith as required by this Article, and is then a prevailing Party in any subsequent arbitration or litigation relating to this Agreement, shall be awarded by the arbitrator or court all of that Party’s reasonable mediation costs, arbitration costs, and/or litigation costs, including attorneys’ fees incurred related thereto.
- If mediation is unsuccessful, the parties shall either arbitrate their disputes before a retired Superior Court judge at JAMS in San Francisco, CA, or litigate their disputes in San Francisco County Superior Court. Arbitration can occur only all parties agree.
- Notices. All notices, required or permitted under these Terms and Conditions shall be in writing, and shall be deemed to be received by the receiving party:
- overnight service. One (1) business day after the notice is deposited, with all freight or other charges prepaid, for overnight service and next day, morning delivery with a recognized carrier of overnight packages; or
- registered or certified mail. Three (3) business days after notice is mailed by registered or certified mail (or their non-U.S. equivalents) with postage prepaid; or
- facsimile transmission. On the same day that notice is sent by facsimile transmission with the receipt of a confirmation of such facsimile.
- Email. Notices required by the Terms and Conditions that are sent by email are not acceptable unless either (1) the recipient has acknowledged receipt of the email, or (2) the sender has received a receipt showing the email was received and read, or (3) the receipt of the email has been verified by using a service such as ReadNotify.com or Registered Email® service by RPost.
- Addresses. All notices shall be addressed as follows, or to such other address(s) as may be designated from time to time by providing written notice, given in a like manner.
- TO Toxic Anglez. TOXIC ANGELZ BIKINIS, LLC 3535 Industrial Drive Bldg. A, Suite A-1 Santa Rosa, CA 95403 Attn: Margaret Chin Phone No. (925) 338-1516 Email: email@example.com
USE OF YOUR LIKENESS AGREEMENT
- You, as the user of the Product and/or this website, understand that Toxic Angelz has the right to take photographs, videotape, digital recordings, or otherwise (“Media”) of You, including, but limited to, your likeness, during any fitting session, any other recorded content, photoshoot, or similar provided to or created by Toxic Angelz.
- You also agree that Toxic Bikinis can use any and all of this Media now and in the future for any legal purpose hereinafter.
- You hereby agree to waive all exclusive rights, including, but not limited to, intellectual property rights, copyrights, or otherwise, relating to the Media as to Indemnified Parties, including to Toxic Bikinis, and any Claims You may otherwise have against them relating to the Media.
- In so agreeing, You understand that You are also granting Toxic Bikinis permission and a license to use any of Your posted social media content for the use on Toxic Bikini’s website for reposting and/or for marketing purposes on any of Toxic Bikinis’ media profiles and/or platforms.
- In so agreeing, You understand, if You send certain specific submissions (for example contest entries), suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any of those Comments. Toxic Bikinis are and shall be under no obligations or restrictions with regard to the Comments, including, but not limited to, (1) maintaining any Comments in confidence; (2) paying compensation for any Comments; or (3) responding to any Comments.
- Toxic Bikinis may in its own discretion, but has no obligation to, monitor, edit or remove content that Toxic Bikinis determines in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any third-party’s (or otherwise) intellectual property rights or these Terms and Conditions.
- In so agreeing, You agree that Your comments will not violate any rights of any thirdparty, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products, this website or any related website. You agree to not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Toxic Bikinis take no responsibility and assume no liability for any Comments posted by You or any third-party.
- By visiting Toxic Bikinis’ website and/ or purchasing any Products, you engage in our “Service” and agree to be bound by Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. Toxic Bikinis reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You understand and acknowledge that You have read and understand the refund policy outlined in any purchase and agree to Toxic Bikinis terms relating to such.
To the maximum extent allowed by law, You hereby agree to waive and release any and all present and future claims, suits or related causes of action against Toxic Angelz and Indemnified Parties as discussed in further detail above.
You understand and acknowledge that You have read and understand the Terms and Conditions above and hereby agree to such Terms and Conditions.