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FOR USE OF SITE AND SALES OF PRODUCTS AND PARTS
The WWW.TOTOSTORE.US.COM site (the �Site�) is being provided to you by TOTO USA,
Inc. for purposes of providing information to you about our products and services
subject to the following Terms and Conditions of Use of this Site and our services
(�Terms and Conditions�).
By using and accessing this Site, you are agreeing to be bound by, and to comply
with, these Terms and Conditions and any other terms and conditions or terms of
services posted on any individual page of this Site. The Terms and Conditions published
within the pages of the Site constitute the entire and only agreement between TOTO
USA and its users with respect to TOTO USA and supersede all other communications
and agreements. Please read this page carefully. If you do not accept the following
Terms and Conditions, please do not use this Site or our services. Your continued
use of the Site and our services signifies that you have read and understand the
Terms and Conditions effective as of the date of your use of the Site. Your rights
to use the services provided by TOTO USA are not transferable and are subject to
any limits established by TOTO USA.
1. Electronic Communications:
When you visit www.TOTOSTORE.US.COM or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
TOTO USA will communicate with you by e-mail or by posting notices on this site.
You agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications
be in writing.
2. Changes in Terms and Conditions and Changes in the Site.
TOTO USA reserves the right to revise or remove any part of the Terms and Conditions
at its sole discretion at any time and without prior notice to you by updating this
posting. Therefore, you should visit this page periodically for changes. TOTO USA�s
web site is continually under development and changes in the Site may be made at
any time. Any changes are effective upon posting to this Site. If you disagree with
the Terms and Conditions, your sole remedy is to discontinue your use of this Site.
Your continued use after a change has been posted constitutes your acceptance of
those changes.
3. Acceptable Site Use.
a. User age and access. By using this Site you represent that you are a United
States of America resident over the age of 18. If you are under the age of 18, you
are not eligible to use our services; please do not use this Site. You are also
responsible for, and must make your own arrangements for, the provision and payment
of all telephone and other equipment and services necessary to access TOTO USA.
b. Registration. In order to use certain portions of our Site you are required
to register with TOTO USA. You can do this online by completing the registration
form on the applicable page. In our registration form we ask you to submit your
name, address, telephone number, e-mail address and certain other information. You
will be asked to choose an account name and a password or identification number.
It is your responsibility to keep your account number and password secure. Please
do not share your account number or password with others. Anyone who has your account
number and password can access our services and freely obtain or tamper with any
information posted in your account.
c. License. The Site, including all of its contents, such as text, images,
and the HTML used to generate the pages, (�Materials�), are our property or that
of our suppliers or licensors and are protected by patent, trademark and/or copyright
under United States and/or foreign laws. Except as otherwise provided herein, you
may not use, download, upload, copy, print, display, perform, reproduce, publish,
modify, delete, add to, license, post, transmit, or distribute any Materials from
this Site in whole or in part, for any public or commercial purpose without the
specific written permission of TOTO USA, Inc. TOTO USA claims no ownership rights
in the content placed on the Site by you or other registered users. We grant you
a personal, non-exclusive, non-transferable license to access our web site and to
use the information and services contained here. Our Site may contain or give you
access to software tools or databases that allow you to search and retrieve information.
You may not sell, rent, lease, lend, or transfer or participate in the sale, rental,
lease, loan or transfer of any services provided on this site and you may not assign
or sublicense this license.
d. Trademarks and Copyrights. �TOTO� and the representative TOTO USA logo
and related marks are service marks or trademarks of TOTO USA. All rights are reserved.
All other trademarks or copyrights appearing on TOTO USA�s pages are the property
of their respective owners. Any mark, trademark, product name, company name or logo
appearing on the site may be used only with the written permission of the respective
owner, obtained in advance of your use. You may not alter or remove any trademark,
copyright or other notice from copies of the content. Unless otherwise instructed,
any other use of the Materials is strictly prohibited.
e. Site monitoring. TOTO USA may monitor your use of the Site, and may freely
disclose any information and materials received from you or collected through your
use of the Site for any lawful reason or purpose. However, it will do so in accordance
with TOTO USA�s privacy policy. You may view the privacy policy by clicking the
box entitled �TOTO USA PRIVATE POLICY.�
f. Manufacturer and Product Information. The manufacturer and product information
and specifications that are provided on our Site are for your information only.
ALL INFORMATION AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT
IN ANY WAY REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION
PROVIDED, AND ALL INFORMATION PROVIDED IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS
OF LIABILITY SET FORTH BELOW. You should always verify the model and product information
when you place orders with TOTO USA; if more than one model number appears, it means
that there may be differences between the models including functions or dimensions.
Letters in model numbers do not necessarily refer to product color. Drawings and
diagrams may not be to scale, so you should not rely on them. Although we endeavor
to keep our product lists current, some products listed may no longer be available
and some information provided may not be current, or may have changed since the
last time you viewed the information. You should always verify national and local
codes, as they may affect your ability to use certain products or models. All specific
questions about products and availability should be addressed to the manufactured
of the particular product.
4. Disclaimer of Liability and of Warranties for Use of Our Services
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. Use of our Services is at your own risk and we shall not be liable for any harm
to you or others resulting from such use. IN NO EVENT SHALL TOTO USA BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT
OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES FROM THE TOTO
USA WEB SITE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY
OF LIABILITY. We are not responsible for the disclosure of any information about
you to anyone who accesses your information using your password and user account
information.
b. TOTO USA does not represent or guarantee the truthfulness, accuracy, availability
or reliability of any product information appearing on our Site.
c. TOTO USA has no responsibility for the content or information of third-parties
on the Internet, even if accessed through TOTO USA�s pages. NEITHER TOTO USA, NOR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TOTO USA WEB
SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF (1) YOUR USE THE TOTO USA WEB SITE, (2) YOUR INABILITY TO
USE THE TOTO USA WEB SITE, (3) PRODUCTS OR SERVICES NOT BEING AVAILABLE TO YOU;
(4) THE COST YOU INCUR TO OBTAIN SUBSTITUTE GOODS OR SERVICES, (5) ANY DAMAGE YOU
INCUR RESULTING FROM ANY GOODS OR SERVICES YOU PRUCHASE OR OBTAIN THROUGH THIS SITE
OR RESULTING FROM UNAUTHORIZED ACCESS OR TRANSMISSIONS OF DATA, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE DAMAGE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (6) ANY BREACH OF
WARRANTY WHETHER EXPRESS OR IMPLIED. YOU AS THE USER EXPRESSLY ACKNOWLEDGE THAT
THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ANY THIRD PARTY CONTENT.
d. Because some Countries and States do not allow the exclusion or limitation of
liability for consequential or incidental damages, TOTO USA�s liability is limited
to the greatest extent permitted by law.
e. Notwithstanding any other term contained in these Terms and Conditions, TOTO
USA accepts no liability for death or personal injury caused by the negligence of
TOTO USA. TOTO USA accepts no responsibility or liability for any loss, cost, claim
or expense arising from any reliance on services or products provided by or through
TOTO USA. BY USING THIS SITE YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH ERRORS
IN ANY AND ALL INFORMATION CONTAINED ON THIS SITE AND TO HOLD US HARMLESS FROM ANY
CLAIMS RELATING TO SUCH ERROR IN EXCHANGE FOR YOUR USE OF THE SITE.
f. We do not own or control other networks, other sites or hyperlinked sites outside
of our own Site. These include the outside vendors that are accessed through our
site. We provide such links for your convenience only and are not responsible for
the content of any site so linked. The fact that we provide a link to another site
does not mean that we approve of, recommend or endorse the site or the products
or services on that site, other than the sites of our affiliates. We disclaim all
warranties, express or implied, as to the accuracy, availability, legality, reliability
or validity of any content on any other site. By using our Site you waive any claim
you might have against us with respect to sites linked to our Site. We are not responsible
or liable for performance (or non-performance) within such networks or within interconnection
points between our Site and other networks and/or sites that are operated by third
parties. We also make no representation regarding your ability to transmit and receive
information from or through our Site and you agree and acknowledge that at times
your ability to access our Site may be impaired or disrupted. Although we will use
commercially reasonable efforts to take any action we deem appropriate to remedy
and avoid such events, we cannot guarantee they will not occur, and accordingly
we disclaim any and all liability resulting from or related to such events.
g. WWW.TOTOSTORE.US.COM AND OUR SERVICES AND INFORMATION POSTED ON OUR SITE ARE
PROVIDED "AS IS" AND �AS AVAILABLE� WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TOTO USA MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
PRODUCTS, SOFTWARE, TEXT, GRAPHICS, OR LINKS. Descriptions of, or references to,
products or publications does not imply endorsement of that product or publication.
The content of all advertisements appearing in this document and its component documents
and/or files is the sole responsibility of the company placing the ad. TOTO USA
does not endorse either the accuracy or reliability of the content of the advertisements,
or of any products connected therewith.
h. TOTO USA DOES NOT WARRANT THAT (1) THE SITE WILL OPERATE ERROR-FREE; (2) THIS
SITE WILL MEET YOUR REQUIREMENTS; (3) THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (4) THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL MECHANISMS; (5) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE WILL BE ACCURATE OR RELIABLE; (6) THE QUALITY OF ANY PRODUCT SERVICE OR
INFORMATION OT OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL
MEET YOUR EXPECTATIONS OR NEEDS; OR (7) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
i. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THIS
SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS
OR DAMAGE INCURRED, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR
SERVICING, CORRECTING OR REPLACING EQUIPMENT OR DATA, YOU ARE RESPONSIBLE FOR THOSE
COSTS AND DAMAGES AND NOT TOTO USA OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF
OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS.
j. NOTHING IN THE MATERIALS ON OUR SITE, AND NO INFORMATION OR ADVICE GIVEN TO YOU
BY TOTO USA, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTIES UNLESS SUCH WARRANTY
IS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
k. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
5. Prices
Prices displayed for products on our website represents the full retail price listed
on product itself. Prices are subject to change without notice and supersede all
previous prices made available to you. Prices do not include installation, freight
or sales taxes.
6. Acceptance of Orders
All orders are subject to approval and acceptance by TOTO USA. Orders will be accepted
only upon the understanding that the terms and conditions herein shall be applicable.
Receipt by you of acceptance of the order from TOTO USA or receipt of the products
constitutes acceptance by you of these terms and conditions
7. Shipment, Title and Risk of Loss
All shipment and freight terms are based on shipment within the continental United
States, F.O.B. TOTO USA's warehouse. Title to the products shall pass from TOTO
USA to you upon delivery to the carrier. Delivery to the carrier shall constitute
delivery to you. All products are shipped at your risk and you assume all risk of
loss, damage or destruction upon delivery to the carrier. All products are shipped
at your risk. Claims against the carrier are to be filed by you. Any such loss,
damage or destruction thereafter shall not relieve you of your obligations to pay
the purchase Price therefore. You shall be solely responsible for the cost and procurement
of insurance against damage to the products. TOTO STORE CAN NOT SHIP TO A P.O. BOX.
We only ship within the continental United States. For orders placed by 12:00 PM EST,
UPS Ground will ship within 48hrs, and Premium shipments (Next Day & 2nd Day)
will ship the same day.
8. Warranty for Products and Parts
1. TOTO USA warrants its products or parts to be free from manufacturing defects
under normal use and service for a period of one (1) year from date of purchase.
This warranty is extended only to the ORIGINAL PURCHASER.
2. TOTO USA�s obligations under this warranty are limited to repair or replacement,
at TOTO USA�s option, of products or parts found to be defective, provided that
such products were properly installed and used in accordance with instructions.
TOTO USA reserves the right to make such inspections as may be necessary in order
to determine the cause of the defect. TOTO USA is not responsible for the cost of
removal, return and/or reinstallation of products or parts.
3. This warranty does not apply to the following items: a. Damage or loss sustained
in a natural calamity such as fire, earthquake, flood, thunder electrical storm,
etc. b. Damage or loss resulting from any unreasonable use, misuse, abuse, negligence,
or improper maintenance of the product. c. Damage or loss resulting from removal,
improper repair, or modification of the product. d. Damage or loss resulting from
sediments or foreign matter contained in a water system. e. Damage or loss resulting
from improper installation or from installation of a unit in a harsh and/or hazardous
environment.
4. This warranty gives BUYER specific legal rights. BUYER may have other rights
which vary from state to state.
5. To obtain warranty repair service under this warranty, BUYER must take the product
or deliver it prepaid to a TOTO USA service facility together with a letter stating
the problem, or write directly to TOTO U.S.A., INC., 1155 Southern Road, Morrow,
GA 30260 (770) 282-8686.
This written warranty is the only warranty made by TOTO USA. Repair or replacement
as provided under this warranty shall be the exclusive remedy available to the purchaser.
TOTO USA shall not be responsible for loss of the product or for other incidental,
special or consequential damages or expenses incurred by the purchaser, or for labor
or other costs due to installation or removal, or costs of repairs by others, or
for any other expense not specifically stated above. Except to the extent prohibited
by applicable law, any implied warranties, including that of merchantability or
fitness for use, are expressly limited to the duration of this warranty. Some states
do not allow limitations on how long an implied warranty lasts, or the exclusion
or limitation of incidental or consequential damages, so the above limitation and
exclusion may not apply to BUYER.
Warning! TOTO USA shall not be responsible or liable for any failure of, or damage
to, this plumbing product or product component caused by either chloramines in the
treatment of public water supply or in-tank bowl cleaners containing chlorine (calcium
hypochlorite). Note: The use of high concentration of chlorine or chlorine related
products can seriously damage the fittings. This damage can cause leakage and serious
property damage. For more information, please call us at (770) 282-8686.
THIS WARRANTY CONSTITUES TOTO��S SOLE AND EXCLUSIVE LIABILITY HEREUNDER AND BUYER�S
SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE OR NONCONFORMING PRODUCTS AND IS IN LIEW
OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTEIS OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
REPAIR, REPLACEMENT OR OTHER APPROPRIATE ADJUSTMENT AS PROVIDED UNDER THIS WARRANTY
SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO THE ORIGINAL PURCHASER. TOTO USA SHALL
NOT BE RESPONSIBLE FOR LOSS OF THE PRODUCT OR FOR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR EXPENSES INCURRED BY THE ORIGINAL PURCHASER, OR FOR LABOR OR OTHER COSTS
DUE TO INSTALLATION OR REMOVAL, OR COSTS OF REPAIRS BY OTHERS, OR FOR ANY OTHER
EXPENSE NOT SPECIFICALLY STATED ABOVE. IN NO EVENT WILL TOTO�S� RESPONSIBILITY EXCEED
THE PURCHASE PRICE OF THE PRODUCT. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE
LAW, ANY IMPLIED WARRANTIES, INCLUDING THAT OF MERCHANTABILITY OR FITNESS FOR USE
OR FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
Some states and provinces do not allow limitations on how long an implied warranty
lasts, or the exclusion or limitation of incidental or consequential damages, so
the above limitation and exclusion may not apply to BUYER.
9. Return Policy:
At TOTO our goal is to ensure you are completely satisfied with your purchase.
If you are dissatisfied with your purchase, you can return the purchased item to
TOTO provided that your return meets all of the requirements below. We will
gladly issue credit for the full purchase amount and taxes if applicable, excluding
Shipping and Handling Charges. Except for defects or wrong products shipped
by TOTO, shipping and handling charges will be deducted from your refund.
1. Complete the form, include with item(s) for return, and specify reason
for return. (*Ref Step 3 below)
2. All returns need to be shipped to:
TOTO USA, Inc.
Attn: Receiving
Whitewater Place
Fairburn, GA 30213
1-888-295-8134 option 5
3. Your purchased item(s) must be returned to TOTO within thirty (30) calendar
days of delivery. After thirty (30) calendar days of delivery, no returns
are allowed.
4. Claims for damaged and/or missing item(s): notification must be
received within two (2) business days of delivery by calling our
Customer Service Department at 888-295-8134 option 5.
5. All product returns must be received in the original packaging
(unopened/unused). *All washlets and softclose seats must be returned
unopened and in the original TOTO packaging. If the item(s) can not be
sold as new, TOTO will charge a restocking fee of 15% of the full
purchase amount.
6. TOTO will not accept COD or freight collect shipments on returns from the customer.
7. Unless all of the above six (6) requirements are met, TOTO reserves the
right to refuse any return and request for credit.
8. Please allow up to thirty (30) calendar days, upon receipt of product,
for TOTO to process the refund which will be applied to the original form
of payment. Adjustments to your credit card account should appear
within two (2) billing cycles.
10. TOTO USA Security Rules.
Violations of system or network security may result in civil or criminal liability.
TOTO USA will investigate occurrences and may involve, and cooperate with, law enforcement
authorities in prosecuting the user or users who are involved in such violations.
You are prohibited from violating or attempting to violate the security of the Site,
including, without limitation, the following:
a. accessing data not intended for such user or logging into a server or account
which user is not authorized to access;
b. attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization;
c. attempting to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to the Site, overloading, �flooding�,
�mailbombing� or �crashing�; or sending unsolicited e-mail, including promotions
and/or advertising of products or services, or (e) forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup posting.
11. Termination of Service.
TOTO USA may terminate your use of the Site or any of our services at any time and
for any reason without notice for conduct violating these guidelines for use or
terms and conditions contained on other pages of this Site.
12. Indemnity.
You agree to defend, indemnify, and hold harmless TOTO USA, Inc., its affiliated
companies, licensors, employees, agents, and any third party information providers
as well as it�s officers, directors, employees and agents, from and against any
claims, actions or demands, (including without limitation reasonable legal and accounting
fees) alleging or resulting from (a) with respect to you: (i) infringement or misappropriation
of any intellectual property rights; (ii) defamation, libel, slander, obscenity,
pornography, or violation of the rights of privacy or publicity; or (iii) spamming,
or any other offensive, harassing or illegal conduct or violation of these Terms
and Conditions; (b) any damage or destruction to our Site or to us, or to another
person or party which damage is caused by or otherwise results from your acts or
omissions. TOTO USA shall provide notice to you at the e-mail address you provide
us promptly of any such claim, suit, or proceeding. You are responsible for ensuring
that the e-mail address is current and operable.
13. Confidentiality.
You acknowledge that your communications to, from and through this Site are not
confidential and that your communications may be read or accessed by others. If
you send any communication to our Site (including comments, data, questions, suggestions,
etc.) we will treat all such material as our property. Thus you give us any and
all of your rights to such material and our use of the material. You give up your
proprietary rights, your privacy rights, your rights to credit or compensation for
the material or idea, and all other rights. By sending materials to our Site you
authorize us to publish, broadcast, adapt, change disclose, copy, license, post,
sell, transmit or use the material anywhere in the world in any medium forever without
any compensation to you. TOTO USA reserves the right at all times to disclose any
information posted by you or provided to TOTO USA as necessary to satisfy any law,
regulation or governmental request.
14. General
TOTO USA makes no claims the Materials or services are appropriate or may be downloaded
outside of the United States. Access to the Materials and services may not be legal
by certain persons or in certain countries. If you access the Site from outside
of the United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
If you are dissatisfied with our Site, our services or the products listed, your
sole and exclusive remedy is to discontinue use of the Site.
a. Entirety of Agreement
These Terms and Conditions constitute the entire agreement and understanding between
you and TOTO USA and supercedes any prior agreements or understandings governing
you use of this Site.
b. Governing Law
These Terms and Conditions are governed by the federal and state laws of the State
of Delaware, without respect to its conflict of laws principles. Sole and exclusive
jurisdiction for any action or proceeding arising out of or related to these Terms
and Conditions or our Privacy Policy shall be in appropriate state or federal court
located in Clayton County, Georgia.
c. Dispute
Any controversy or claim arising out of or relating to these terms or the breach
hereof shall be finally settled by arbitration in Clayton County, Georgia in accordance
with the prevailing commercial rules of the American Arbitration Association, and
the parties shall have the right to take depositions and obtain discovery regarding
the subject matter of the arbitration as if the subject matter of the arbitration
were pending in a civil action before a Superior Court of the State of Georgia.
Pending decision by the arbitrator(s), the parties shall diligently proceed pursuant
to the terms and conditions hereof. The award of the arbitrator(s) shall be final,
binding and conclusive on the parties hereto and their successors and assigns. Judgment
upon an arbitration award hereunder may be entered in any court having jurisdiction
thereof or application may be made to any court for individual acceptance of the
award or an order of enforcement, as the case may be.
d. Severability
If any provision of these Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms and Conditions, which shall
remain in full force and effect. Section titles are for convenience only and have
no legal or contractual effect.
e. Waiver
Our failure to enforce or exercise any right or provision of these terms and conditions
shall not constitute a waiver of such right or provision. No waiver of any term
of these Terms and Conditions shall be effective unless in writing signed by us.
No waiver shall be deemed a further or continuing waiver of such term or any other
term.
f. Limitation of Action
Any claim by a user or users with respect to TOTO USA or against TOTO USA must be
instituted within one (1) year of the claim arising, or be barred.
Any inquiries concerning these Terms and Conditions should be directed to webinfo@totousa.com.
Proprietary Rights Notice for TOTO USA Copyright � 2001, TOTO USA, Inc. All Rights
Reserved.
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