We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
The terms “us” or “we” or “our” refers to TouCoul.com, the owner of this Website.
A “Visitor” is someone that merely browses our Website.
A “Member” is someone who has registered with our Website to purchase our Products and/or to receive our newsletter and promotional materials.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the “Intellectual Property”) owned, controlled or licensed by TouCoul.com. This Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Website, without the prior written permission of the Intellectual Property owner. TouCoul.com aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of TouCoul.com, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from TouCoul.com.TouCoul.com prohibits use of any logo of TouCoul.comor any of its affiliates as part of a link to or from any Website unless establishment of such a link is approved in advance by TouCoul.com in writing. Fair use of TouCoul.com’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
This Website may contain links to Websites owned or operated by parties other than TouCoul.com. Such links are provided for your reference only. TouCoul.com does not monitor or control outside Websites and is not responsible for their content. TouCoul.com’s inclusion of links to an outside Website does not imply any endorsement of the material on the Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does TouCoul.com’sinclusion of the links imply that TouCoul.com is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Postings on our Website are made at such times as TouCoul.com determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. TouCoul.com does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN THIS WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
No Warranties; Exclusion of Liability; Indemnification
THIS WEBSITE IS OPERATED BY TouCoul.com ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TouCoul.com AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT AND PRODUCTS AS FOUND ON OUR WEBSITE FOR ANY PURPOSE. ALL SUCH CONTENT AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED; PRODUCTS MAY CARRY THEIR OWN WARRANTIES WHICH ARE BETWEEN YOU AND THE RESPECTIVE MANUFACTURERS. TouCoul.com SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TouCoul.comSHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER TouCoul.com OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, OUR CONTENT, THE PRODUCTS FOUND ON OUR WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL TouCoul.com’S LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO TouCoul.com FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, TouCoul.com DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, TouCoul.com DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
TouCoul.com MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
You agree to defend, indemnify and hold TouCoul.com harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or Products you purchase from our Website.
Advertisers, User Contributions, Testimonials and Opinions
You understand that our Website and any newsletters or emails you may receive from TouCoul.com or our affiliates may include advertisements, user-contributed materials, testimonials and opinions from other individuals, including, but not limited to, users of our Website, manufacturers and service providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Website, Content, or the products found on it. Furthermore, you understand and agree that TouCoul.com is no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.
Colors of Products
We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Correction of Errors and Inaccuracies
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
If you are not fully satisfied with your online purchase from the Website you may return it with the original packing receipt in accordance with our Return Policy. Our Return Policy is incorporated into this Agreement by reference.
Please refer to our Shipping Policy for information regarding the shipment of products you may purchase to you. Our Shipping Policy is incorporated into this Agreement by reference.
Contacting Us/Feedback, Postings and Communications
If you have any questions about this Agreement or the Website, please contact us.
Although TouCoul.com will in most circumstances be able to receive your e-mail or other information provided through our Website (including, without limitation, service requests and other submissions), TouCoul.com does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet email typically is not secure.
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to TouCoul.com on or by our Website or otherwise disclosed, submitted or offered in connection with your use of our Website, including, without limitation, postings in any chat room (collectively, “Communication”) shall be and remain the property of TouCoul.com. Such disclosure, submission or offer of any Communication shall constitute an assignment to TouCoul.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, TouCoul.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. TouCoul.com is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to our Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communication submitted by you to our Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through our Website. You agree that TouCoul.com may use and/or disclose information about your demographics and use of our Website in any manner that does not reveal your identity. You agree that TouCoul.com may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to our Website, about any of TouCoul.com’s products or services, or for such other purpose(s) as TouCoul.com deems appropriate.
You agree that the laws of the State of California, USA, govern this Agreement and your use of our Website. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Los Angeles, California, USA, in all disputes (a) arising out of, relating to or concerning our Website and/or this Agreement, (b) in which our Website and/or this Agreement is an issue or a material fact, or (c) in which our Website and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of our Website is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. TouCoul.com has endeavored to comply with all legal requirements known to it in creating and maintaining our Website but makes no representation that materials on our Website are appropriate or available for use in any particular jurisdiction. Use of our Website is unauthorized in any jurisdiction where all or any portion of our Website may violate any legal requirements and you agree not to access our Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.
Any claim, dispute or controversy arising out of, relating to or concerning our Website and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held exclusively in Los Angeles, California, USA. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through our Website.
You agree that TouCoul.com may at any time and without notice change the terms, conditions and notices under which our Website is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and TouCoul.com as a result of this Agreement or your use of our Website.
TouCoul.com’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of TouCoul.com’sright to comply with law enforcement requests or requirements relating to your use of our Website or information provided to or gathered by TouCoul.com with respect to such use.
This Agreement constitutes the entire agreement between you and TouCoul.com with respect to our Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TouCoul.com with respect to our Website. No modification of this Agreement shall be effective unless it is authored by TouCoul.com or its affiliates, or unless it is physically signed by a TouCoul.com officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by TouCoul.com in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of our Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by TouCoul.com in printed form.