Effective Date: October 3, 2024
Welcome to the website of TOBEN, LLC ("Toben," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website www.tobenforyou.com (the "Site"), products, and services provided by Toben, including the sale of pet carriers and related products (collectively, the "Services"). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not access or use the Site.
By using or accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
You must be at least 18 years old to use this Site. By using the Site, you represent and warrant that you have the legal capacity to enter into a binding contract with Toben in accordance with these Terms.
Toben grants you a limited, non-exclusive, non-transferable, and revocable license to use the Site for your personal use and to purchase products. You agree not to use the Site for any unlawful purposes or in any way that could damage or disrupt the functionality of the Site or Toben's Services.
You are solely responsible for any activity that occurs through your account, and you agree to keep your account login credentials confidential.
By placing an order through our Site, you are offering to purchase a product subject to these Terms. All orders are subject to availability and confirmation of the order price. Toben reserves the right to refuse or cancel any order at any time.
We accept various forms of payment (e.g., credit cards) as indicated on the Site. By submitting an order, you represent and warrant that you have the legal right to use the payment method provided. All prices are listed in U.S. dollars unless otherwise noted.
Toben will make commercially reasonable efforts to deliver your products in a timely manner. Shipping times are estimates and not guarantees. Toben is not responsible for any delays caused by the shipping carrier.
Our return and refund policy can be found on our Site and is incorporated into these Terms by reference. Please review this policy carefully before making any purchases.
If you submit any content, including but not limited to reviews, comments, photos, or suggestions (collectively, "User Content"), you grant Toben a worldwide, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media.
You represent and warrant that your User Content does not violate any third-party rights, including intellectual property rights, and that your User Content complies with these Terms.
All content, including but not limited to text, images, graphics, logos, icons, and software, on the Site is the property of Toben or its licensors and is protected by applicable intellectual property laws, including but not limited to U.S. federal copyright law, trademark law, and Florida state intellectual property law. You may not use, copy, modify, or distribute any content on the Site without prior written permission from Toben.
When using the Site, you agree not to:
The Site and Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Toben makes no representations or warranties that the Site will be error-free, secure, or available at any time or location.
To the maximum extent permitted by applicable Florida and U.S. law, Toben and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising from or related to your use of the Site or Services, even if we have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Toben, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or related to your use of the Site, your violation of these Terms, or your violation of any third-party rights. This indemnity applies to both U.S. and Florida law.
The use of this Site and any purchases made are governed by U.S. federal laws, including consumer protection and commerce regulations, as well as applicable Florida laws. By using the Site, you agree to comply with all applicable laws and regulations, including those related to:
The Site may contain links to third-party websites or services that are not owned or controlled by Toben. Toben is not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Toben shall not be liable for any damages or losses caused by your use of any third-party sites.
Toben reserves the right to terminate or suspend your access to the Site and Services at any time, with or without cause, and without notice. Upon termination, your right to use the Site will immediately cease.
Toben reserves the right to modify these Terms at any time, in its sole discretion. If we make material changes, we will provide notice by posting the updated Terms on the Site. Your continued use of the Site following any such changes constitutes your acceptance of the modified Terms.
These Terms are governed by and construed in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida, for any disputes arising from or related to these Terms or your use of the Site.
If you have any questions or concerns about these Terms or our Services, please contact us at: