Terms of Site Use

Terms and Conditions of Using the Torino Website

By using this website, you affirm that you accept the following terms and conditions.

This Agreement is between you and Moksa LLC doing business as Torino Systems (“we,”  “us,” or “Torino“), and concerns your use of the website located at www.torino.systems. (“Site“).

1. Acceptance of Terms and Conditions

The Site is made available by Torino subject to this Agreement and by using the Site, you agree to the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use the Site.

2. Changes to Terms and Conditions

Torino® reserves the right to modify this Agreement without prior notice and at our sole discretion. We may make such changes to this Agreement by posting the revised Agreement on the Site, and such changes become effective when we post the revised Agreement on the Site. Your using the Site constitutes your acceptance of the revised Agreement then in effect.

3. Changes to the Site

We reserve the right to modify the Site or any of its parts at any time without prior notice. We also reserve the right to make the site unavailable for any period of time without notice. By using the Site, you agree that Torino and it affiliates shall not be liable to you or to any third party for any such modification, interruption or discontinuance of the Site.

4. Jurisdiction

Torino makes the Site available from the United States, and does not represent nor warrant that the Site is appropriate or available for use in any other jurisdiction. The availability of the Site is not intended to subject Torino to the laws or jurisdiction of any state, country or territory other than the United States.

If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We reserve the right to limit all or any part of the Site to any entity, area or jurisdiction at any time and in our sole discretion.

5. Site Content

The site makes available services that may present news, articles, reviews, ratings, comments, postings, messages, editorials, opinions, forums, photos, blogs, video, audio, photos, images, text, data, promotions, other content, and links to other websites (“Content” or “Contents“).

When using such Content, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Content, which are hereby incorporated by reference into this Agreement.

6. Site Content and Specifications

All descriptions, images, specifications and prices of products and services included on this Site are subject to change at any time without notice. The inclusion of any products or services on this Site does not imply nor warrant that these products or services will be available at any specific time. References to and descriptions of third-party products or services on the Site do not imply our endorsement of those products or services.

7. Accuracy of Information

We attempt to keep the Content on this Site correct and current, but we make no representation concerning its completeness, accuracy or currency.

8. Information Submitted Through the Site

Your submission of information to the Site is governed by our Privacy Policy, which is explained at www.torino.systems/privacy (the “Privacy Policy“). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

9. Rules of Conduct

While using the Site, you must comply with all applicable laws, rules and regulations, as well as agree to respect the rights and dignity of others, and to comply with the rules of conduct set forth in this section.

You agree that you will not:

  • Interfere with or disrupt the appearance or operation of the Site or the technologies used make the Site available, whether via denial of service attack or via spyware, viruses, files or malicious programs
  • Introduce unsolicited or unauthorized advertising, promotions, malware, spam, or other form of solicitation in the operation of the Site
  • Post anything to the Site that is threatening, harassing, degrading, abusive, destructive, hateful, intimidating, defamatory, fraudulent, libelous, tortious, obscene, indecent, pornographic, objectionable or illegal
  • Post secrets or information protected by rights of third parties without their prior consent
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site

10. Hardware, Software and Communication Expenses

You agree that you, and not Torino, are responsible for obtaining, maintaining and paying for all computer hardware, software, equipment and communication services needed to access and use the Site.

11. Ownership Rights of Torino

The Site is owned by Torino and is made available by Torino through contractual arrangements with third parties. Content made available through the Site is and shall remain the property of Torino and its licensors and suppliers, and is protected by copyright, trademark, patent, and/or other proprietary rights and laws. You acknowledge that these rights are valid and enforceable.

You agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on all of or any part of the Site or its Contents.

You acknowledge that by using the site, you do not acquire any ownership rights to the Site or its Services or contents. Downloading Content does not constitute a transfer of property, but is merely you exercising your right to use the Content according to our Copyright Policy.

12. Torino Copyright

The copyright in all Content on this Site is held by Torino or by the original creator of the material. Permission is granted to display, copy, distribute and download the Content on this Site for personal, non-commercial use, but you may not modify modify such Content. If you use Content from the Site, you must properly indicate Torino’s copyright in the Content. No Content may be copied, reproduced or distributed in any form without the prior written permission of Torino or the copyright owner. All rights, title and interest not expressly granted are reserved to Torino.

13. Trademarks of Torino

The trademarks, service marks, and logos (“Trademarks“) used and displayed on this Site are registered or unregistered Trademarks of Torino. Such Trademarks include the Torino name, Torino logo, Torino Flow, Torino Trax, Torino Stream, Torino Bridge, Torino Tools, DoubleTrouble and other product and service marks registered or claimed by Torino on the Site. All trademarks and service marks on the Site not owned by Torino are used for identification purposes only and are the property of their respective owners. Trademarks claimed by Torino may not be used in any way without express prior written consent of Torino.

14. Third-Party Site Links

The Site may provide links to other websites and online resources provided by third parties. Because Torino has no control over such sites and resources, you acknowledge and agree that Torino and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for the availability, content, products, services, advertising or resources featured of offered on such websites.

Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Torino and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers do not endorse such sites, and shall not responsible or liable for any content or links from those sites to the Site, or any loss or damages incurred in connection with their use. Torino shall have the right, at any time and in its sole discretion, to block links to the Site without prior notice.

You agree that your use of third party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.

15. Disclaimer of Warranties

The Site and any Content, goods and services made through the Site are provided to you “as is” without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate, and that you bear all risks associated with, the use of the Site, including without limitation, any reliance on the accuracy, completeness, validity, reliability or usefulness of any materials available through the Site. Torino and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers disclaim all warranties with respect to the Site, its Content, and any product or services obtained through the site, to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.

16. Limitation of Liability

Torino and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, negligence, strict liability or other theory, including without limitation, damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the site, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. Without limitation, Torino and the affiliated entities and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers will not be liable for damages of any kind resulting from your use of or inability to use the site or from any Content posted on the site by Torino or any third party. Your sole and exclusive remedy for dissatisfaction is to stop using the Site.

The maximum liability of Torino for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the total amount, if any, paid by you to Torino to access and use the site. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any associated costs. In certain situations, some jurisdictions do not allow the limitation of incidental or consequential damages or the exclusion of liability, so the above limitation or exclusion may not apply to you.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement.

17. Indemnity

You agree to defend, indemnify and hold harmless Torino, Moksa LLC and their employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, from and against all claims, losses, costs and expenses, including attorneys fees, arising out of your use of the Site, activities in connection with the Site, or any violation of this Agreement by you.

18. Termination

This Agreement is effective until terminated. Torino, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if Torino believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Sections 4, 10, 11, 15-17 and 22-24 shall survive any expiration or termination of this Agreement.

19. Governing Law and Jurisdiction

This Agreement is governed by and shall be construed in accordance with the laws of the State of Connecticut, United States of America, without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the federal and state courts located in New Haven County in Connecticut, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

20. Contact Us with Questions

If you have any questions regarding this Agreement or its meaning, please direct such questions to info@torino.systems. Please do not include sensitive information in your e-mail correspondence with us since it is not guaranteed that such communications are secure.

21. Content Filter

Pursuant to 47 U.S.C. Section 230(d), we notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Torino does not endorse any of the products or services listed at such websites.

22. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to info@torino.systems. You may also contact us by writing to Consumer Service, PO Box 4013, Madison, CT 06443, or by calling us at (203) 871-1118. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

23. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Torino a notice requesting that Torino remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Torino a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to Torino by mail to Legal Department, PO Box 4013, Madison, CT 06443 USA.

We suggest that you consult your legal advisor before filing a notice or counter-notice.

24. Miscellaneous

Your use of the Site is also subject to the following terms and conditions:

  • This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Torino.
  • If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
  • You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.
  • No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
  • Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
  • This, together with all references herein, is the entire Agreement between you and Torino relating to usage of the Site and supersedes all prior or contemporaneous written or oral agreements or understandings between you and Torino regarding usage of the Site.
  • Notices to you and changes to this Agreement may be made by displaying such notices on the Site, via links displayed on the Site, or by mail or email, at Torino’s discretion.
  • Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings relating to this Agreement.
  • Torino will not be responsible for failures to fulfill any of its obligations due to causes beyond its control.

Site © 2015-2017 Moksa LLC dba Torino Systems unless otherwise noted. All rights reserved.

These terms and conditions were last updated on 21 March 2017.

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