Terms of Use
You must Agree to all terms and conditions before registering to TotoTown site:
Use of TotoTown's web site and the services we offer constitutes your acceptance of all terms and conditions stated in the below User Agreement.
TotoTown reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective 30 days from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us.
All questions regarding this User Agreement should be sent via email to Legal Support.
1. Eligibility of Membership / Registration
To be eligible to use our services, you must have a Paypal account or credit or debit card. If you are eligible to use our services, you must complete the Registration process by providing TotoTown with true and correct information as required on the TotoTown registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account.
2. TotoTowns serves only as a Venue;
TotoTown is an Internet site on which registered users buy "Deals" offered by merchants. At no time does TotoTown possess, hold, or offer any merchandise for sale, nor are we involved in any part of the actual transaction between the Deal buyer and the Merchant, except as it relates to the Deal Voucher sold on the TotoTown site.
TotoTown will ensure the validity of the Deal Voucher via contract for the Deal with the Merchant, if any issue arises as to the validity of the Deal or the validity of the Deal Voucher, TotoTown should be contacted and we will ensure satisfaction.
8. Personal Information;
Personal information is the information that you provide to TotoTown or to other members when:
Completing the registration process.
Placing your credit card information on file with us.
Posting messages in any lobby area.
Using any email feature offered to you through use of the site.
You are responsible for your personal information. In the event that your information creates a liability to us that may cause our Internet service provider, suppliers, agents, or contractors to sever their services to us because of such liability, we may take appropriate actions regarding such information.
The use of your information is explained in our current Privacy Policy.
TotoTown has strict policies relating to members' contact information:
TotoTown members can't misrepresent their identities.
TotoTown members must always provide valid and complete contact information.
For everyone's safety, members are never permitted to publish the contact information of other members in an online public area.
Every TotoTown membership must always have a valid email address.
9. Your Password
You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish.
TotoTown may provide public forums (herein referred to as "Lobbies"), in which registered members may post messages and enjoy interacting with other registered members. These lobbies are provided as a courtesy to the TotoTown community. TotoTown is not responsible for the content posted in the Lobbies and may not agree with the views expressed therein. The following types of posts or comments are considered unacceptable in any lobby on our site. Posting of such may result in the suspension of your ability to post in our lobby or the suspension of your TotoTown Account.
Posts that contain any code or programming routine that interferes with the stability of the site, or the ability of others to post messages in a lobby.
Posts that advertise items you have for sale.
Posts that contain profanity or that are defamatory in nature.
Posts that contain links to other online auction sites.
Posts that contain adult pictures, material, or links.
Posts that disclose personally identifiable information about another registered member.
Posts that are disruptive in nature, harass or threaten another member or TotoTown's staff member.
Additional guidelines may be posted, and amended, regarding the use of our chat lobbies.
11. Stability
Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the TotoTown web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information.
12. Feedback
TotoTown provides registered users with the ability to leave comments about their experiences, through our feedback system. The following actions regarding the use of the Feedback system are prohibited:
Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of a Deal that were not stated in the original listing.
Leaving feedback that contains vulgarity or profanity.
Leaving feedback that discloses another users personally identifiable information.
Leaving comments that are negative in nature, through the selection of the Positive comment option.
TotoTown provides you with an opportunity to "Retract" a negative feedback comment that you have left about another registered user within 30 days from the time you have posted such comment. This function should not be misused. Leaving multiple negative comments, and then retracting them, can result in suspension of your registration and account.
It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the Feedback System.
13. Privacy
TotoTown takes several steps to protect and prevent the misuse of the personal and private information you supply us. You may review our current Privacy Policy.
14. Notice
All notices given between both parties (You and TotoTown) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the Recipients email address in not valid, such notices will be considered given 24 hours from the time the email is sent. Notices regarding changes to the terms and conditions of the User Agreement may be given by posting such changes to the site, and will be considered given and effective 30 days from the time of such posting.
15. Limitation of Liability - Non Warranty
IN NO EVENT SHALL TOTOTOWN (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.
THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
16. Indemnification
You agree to indemnify and hold harmless TotoTown, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of TotoTown, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity.
17. Legal Responsibility
It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your purchase and sale of items through our site.
18. No Partnership / Agency
You and TotoTown act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.
19. Violation of User Agreement
We may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any Deals you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.
20. General
This Agreement and the terms and conditions herein, shall be governed by the laws of the State of Maryland. You further submit to the legal jurisdiction of the State of Maryland and agree that any legal action or proceeding regarding this Agreement, whether it be on a local, state, or federal level, shall be brought in Rockville, Maryland, or a court within the jurisdiction of the State of Maryland.
21. Disclosure
The services herein are offered by TotoTown. Any Inquiries can be made to the following address:
Legal Department
Toto World, Inc.
4550 Montgomery Avenue
Suite 305
Bethesda, MD 20814
