Terms and Conditions
Effective: June 2021
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BY ACCESSING THE WEBSITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND ALL OF TOSCA’S POLICIES AND GUIDELINES, WHICH ARE INCORPORATED BY REFERENCE.
Any person who wishes to access and use the Website and/or Services to research, investigate or purchase returnable container products and/or services, must accept the terms and conditions of this Agreement without change. The Website and Services are available only to, and may only be used by, individuals who are (i) 18 years and older; (ii) can form legally binding contracts either personally or on behalf of a legal business entity; and (iii) are not a competitor of Tosca or are not using the Services to compete with Tosca.
You may have the ability to submit certain information to Tosca through the Website and Services (collectively, « User Information »). You are solely responsible for the information that you submit or transmit to Tosca. To the maximum extent permitted by law, by submitting User Information you agree that Tosca may use, copy, display and distribute such User Information for any purposes, commercial, advertising or otherwise. For example, by submitting User Information you expressly authorize Tosca to contact you by phone, email and/or physical mail and store such information in a database for future use in contacting you. By submitting User Information, you also represent and warrant (i) that you either own or have permission to submit the User Information; (ii) that no third party rights will be violated by such submission; and (iii) that you have the right to grant Tosca the rights granted herein. You agree that you will not display, post, submit, publish, upload or transmit a User Information that: (a) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (b) impersonates another person; (c) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (d) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (e) involves theft or terrorism; and/or (f) is otherwise malicious or fraudulent.
You understand and acknowledge that when accessing and using the Website and the Services: (i) you will be exposed to User Information from a variety of sources, and that Tosca is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Information; and (ii) you may be exposed to User Information that are inaccurate, offensive, indecent, or objectionable. To the maximum extent permitted by law, you hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Tosca with respect to (i) and (ii) herein.
Tosca Intellectual Property
Except any third party content, Tosca owns and retains all proprietary rights in the Website and the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website and the Services contain the copyrighted material, trademarks, and other proprietary information of Tosca and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of Tosca or, if such property is not owned by Tosca, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. If Tosca discovers that you are using any of Tosca’s or another’s intellectual property in any inappropriate or unauthorized manner, Tosca may terminate this Agreement and your ability to access the Website and/or the Services, with or without notice, and may pursue all available remedies for such intellectual property infringement.
Third Party Intellectual Property
Tosca respects the intellectual property rights of others. Tosca will respond promptly to remove material that infringes another person’s copyright or other intellectual property right once brought to Tosca’s attention. If you believe that your work has been copied or used on the Services or Website in a way that constitutes copyright or other intellectual property right infringement, please provide Tosca’s agent (designated below) with the following information: (i) a copy or description of the copyrighted work or other right that you claim has been infringed, including registration number if applicable; (ii) the location of where the infringing material is located; (iii) your contact information including telephone number, physical and email address; and (iv) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on its behalf.
Our designated agent to receive notices of claimed infringement is: [email protected]
Compliance with Applicable Laws and Policies
Your use of the Website and Services, including all User Information, must comply with all applicable laws and regulations. You agree that Tosca may access, preserve and disclose the User Information for any purpose including its own purposes; if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Information violates the rights of third parties; or (iv) protect the rights, property or personal safety of Tosca or any other person. You also agree to comply with Tosca’s policies and terms and conditions that it publishes on its Website and through the Services.
Amendments to Agreement
Tosca may update this Agreement at its sole discretion. Such updates and changes will be effective ten (10) days following posting of the revised Agreement on the Website and/or Services. Your continued use of the Website and/or Services after any amendments to this Agreement constitutes your acceptance of the Agreement, including any amendments. If at any time you become no longer able to comply with the terms of the current version of this Agreement, you agree to notify Tosca.
Tosca reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) with or without notice. You agree that Tosca shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services. To protect the integrity of the Website or the Services, Tosca reserves the right at any time in its sole discretion to block users from accessing the Website or Services.
This Agreement is effective until terminated. You may terminate this Agreement by emailing us at [email protected]. Tosca may terminate this Agreement for any reason or for no reason, with or without notice to you. For example, if you breach this Agreement, if Tosca learns that the Website or the Services (or any part thereof) is used for any unauthorized or inappropriate activity as determined by Tosca, or if Tosca discontinues the Services, Tosca may suspend and/or terminate this Agreement with or without notice to you. After termination by you or Tosca for any reason, all terms of this Agreement shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
You agree to indemnify, defend, and hold harmless Tosca, and its subsidiaries and other affiliates, and its and their respective officers, agents and employees, from any claim or demand by any third party arising out of your use of the Website or Services, including but not limited to, the submission of any User Information, your violation of any term of this Agreement, and your violation of any rights of another person or entity. You agree to cooperate fully with Tosca in the defense of any claim. Tosca reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Tosca.
The Website may contain links, advertisements and/or sponsorships. The third party websites, advertisers and/or sponsors that provide these links, advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Website are accurate and comply with all applicable laws. Tosca is not responsible for the acts or omissions of any third party websites, advertiser or sponsor. We strongly recommend you to read and review the third party websites, advertisers and/or sponsors terms and policies, including, privacy notices before using such services.
This section applies whether or not the services provided under the Website and/or the Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH THE WEBSITE OR SERVICES, ARE PROVIDED « AS IS » WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND SERVICES AND ANY TRANSACTIONS OR INFORMATION RECEIVED THROUGH THEM. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY.
TOSCA DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF INFORMATION OR THAT THE FUNCTIONS CONTAINED ON THE WEBSITE OR OFFERED IN CONNECTION WITH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. TOSCA MAKES NO COMMITMENT TO UPDATE ITS SERVICES OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED BY TOSCA OR PROVIDED IN CONNECTION WITH THE SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE. YOU SPECIFICALLY ACKNOWLEDGE THAT TOSCA SHALL NOT BE RESPONSIBLE FOR THE USER INFORMATION OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Limitation of Liability
To the fullest extent allowed by applicable law, Tosca and its members, directors, officers, employees, and agents are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Website and/or Services, User Information, and/or any information received or published in connection with any of the Website or Services. Your sole remedy for dissatisfaction with or any claim related to the Website or Services is to stop using the Website, Services and/or information obtained therefrom.
IN NO EVENT SHALL, THE AGGREGATE LIABILITY OF TOSCA FOR ANY DAMAGES ARISING UNDER THIS AGREEMENT OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICES, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO TOSCA FOR USING THE WEBSITE OR SERVICES DURING THE 3 MONTHS PRIOR TO BRINGING THE CLAIM.
You and Tosca are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between you and Tosca. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Tosca. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of Delaware, including its statutes of limitations, excluding the State’s choice of law principles. If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Tosca’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE SERVICES MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.