Tolani Terms of Use

We host this at LiveChannel because we can’t transfer you to Tolani until you have agreed to the transfer terms. This Terms of Use was last updated on LiveChannel on 11/6/2024.

Tolani Terms of Use (from costco.tolanicollection.com)
Terms of Use

Welcome to the website (the “Site”) of Tolani Collection. By accessing and/or using the Site, you (as a user of the Site) agree to follow and be bound by the terms and conditions set forth below as well as our Privacy Policy/Your California Privacy Rights (“Privacy Policy” and collectively, the “Terms of Use”). Please read these Terms of Use, including its Privacy Policy, carefully. If you do not accept the Terms of Use, we do not permit your use of and access to our Site. These Terms of Use may have changed since the last time you visited our Site. Any breach by you of any of the Terms of Use will automatically terminate this agreement and your permission from Tolani Collection to access and use the Site and/or the Content (defined below).

1. Authorized Uses

The Site and all text, graphics, information and other content displayed on the Site (the “Content”) shall only be used by you in connection with your direct personal use of the Site as permitted by these Terms of Use. Your use of the Site and/or access to the Content is also subject to the following restrictions and conditions:

1. You may use the Site only for informational purposes or for purchasing any products that we offer for sale on the Site.
2. You may not send unsolicited commercial email to any email addresses provided on the Site. In addition, spam, chain emails, advertising solicitations, and similar email solicitations by you are expressly prohibited.
3. You may not redistribute, retransmit, republish, copy, duplicate, download, or otherwise use or exploit any Content on the Site except for purposes permitted by these Terms of Use.
4. You may not use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations.
5. You may not delete, modify, or attempt to change or alter any of the Content on the Site.
6. You may not use any device, software, or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties’ use of the Site.
7. You may not use any “robot,” “spider,” “scraper,” or other automatic or manual device or process to compile information on the Site for any purpose other than for a generally available search engine.
8. You may not, without express written authority from Tolani Collection, provide access to the Site through any hyperlink or other link from any other web site nor may you frame the Site within or as a portion of any other web site or page.
9. You may not use the Site to post or transmit any harmful, unlawful, threatening, offensive, libelous, defamatory, obscene, abusive, pornographic or otherwise objectionable material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law.
10. Any information sent to Tolani Collection via email is not secure and is sent on a non-confidential basis and will be handled by us in accordance with our Privacy Policy.

2. Disclaimer of Warranties; “AS IS”

The site and all content, materials, information, and services provided on the site, are provided on an “as is” and “as available” basis. Tolani Collection expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Tolani Collection makes no warranty, and expressly disclaims any obligation, that: (a) the site will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate, or applicable to your circumstances; (c) the results that may be obtained from the use of the site or any services offered through the site will be accurate or reliable; or (d) the quality of any content, services, information, or other material obtained by you through the site will meet your expectations.

3. Limitation of Liability

In no event shall Tolani Collection be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to or inability to access, or use of, the site or any content, materials, information or services provided through or in connection with the site, even if Tolani Collection was advised that such damages were likely or possible and/or even if any remedy available to you fails of its essential purpose. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or viruses which may infect your equipment or system, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems, or any force majeure. Some jurisdictions do not allow certain limitations or exclusions of liability in some circumstances. Accordingly, some of the foregoing limitations may not apply to you.

4. Privacy

Tolani Collection will treat any information we collect from you or which you submit to us in accordance with our Privacy Policy.

5. Children

This Site is not intended for children under the age of 13. For more information on the protection of children’s personal information, see our Privacy Policy.

6. Third-Party Content

The Site may from time to time display the content, services, products, or hyperlinks of other companies or persons. Notwithstanding the presentation of any third-party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Tolani Collection on behalf of any third party. In addition, Tolani Collection does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties. Tolani Collection shall have no liability or responsibility whatsoever for the content, subject matter, or substance of any information accessed or obtained from third-party websites accessed from the Site or websites that have links to the Site. Access to third-party websites from the Site is established at your own risk.

7. Intellectual Property Rights

The Site (including the “look and feel” of the Site) and all Content are the property of Tolani Collection, or of third parties as indicated, and is protected by U.S. copyright laws and international treaties. All product names, names of services, trademarks, and service marks (“Marks”) are the property of Tolani Collection, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms of Use.

8. Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), Tolani Collection has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Tolani Collection will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent. If material is believed in good faith by Tolani Collection to infringe a copyright or otherwise violate any intellectual property rights, Tolani Collection will remove or disable access to any such material.

9. Indemnification

You agree to indemnify and hold harmless Tolani Collection from and against any and all liability, claims, causes of actions, damages, losses, costs, and expenses, including but not limited to, attorneys’ fees, costs of suit, costs of investigation, and costs of enforcement of this provision arising out of your breach of these Terms of Use.

10. General

The information on the Site (including without limitation product descriptions, pricing and availability) may contain typographical errors or inaccuracies and may not be complete or current. Tolani Collection reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Tolani Collection may modify these Terms of Use from time to time and at any time, such modifications to take effect immediately upon the posting thereof on the Site. The terms of this Agreement are severable to the extent any term is deemed invalid, illegal, or unenforceable.

The failure of Tolani Collection to enforce any term or condition of these Terms of Use shall not be deemed a waiver thereof and shall not prevent its later enforcement.

These Terms of Use are governed by the laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state and federal courts located within California, except that, to the extent that you have or are threatening to violate, infringe, or otherwise misappropriate any intellectual property rights of Tolani Collection (or the intellectual property rights of any third parties made available on this Site), Tolani Collection may also seek injunctive or other appropriate relief in any other jurisdiction and venue permitted by law. You expressly consent to service of process in any action relating hereto by registered mail or by any other means provided by law. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect.

11. Information for California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Pricing

Current prices for the products available on the Site may be obtained by going to the pricing schedules for each product. We reserve the right to change the prices at any time. Purchases are subject to the provisions contained in the “Customer Service” area of this site, including the Terms of Sale.

Complaints

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, California 95814, or by telephone at 800-952-5210.

12. Conditions of Sale; Customer Service

In addition to the conditions as set forth in the accompanying Customer Service section, all sales made pursuant to this website are subject to the following further limitations:

Modifications To Service

Tolani Collection reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Service. You acknowledge and agree that Tolani Collection shall not be liable to you or any third party in the event that Tolani Collection exercises its right to modify or discontinue all or part of the Service.

Order Acceptance

You may place orders for Tolani Collection Products and Services via the Service. Your receipt of an electronic or other form of order confirmation does not constitute Tolani Collection’s acceptance of your order, nor does it constitute confirmation of Tolani Collection’s offer to sell you the particular Tolani Collection Product or Service. Tolani Collection reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until Tolani Collection has accepted your order and prepared your order for shipment or for download. We may require additional verifications or information before accepting any order. Price and availability of Tolani Collection Products and Services offered on the Site are subject to change without prior notice. To the extent we provide information on the availability of any Tolani Collection Products, such information may be subject to further verification by you. Tolani Collection will not be liable for any lack of availability of Tolani Collection Products you may order.

Security

The purchase area of the Service is designed to be secure. However, if you experience fraudulent use of your credit card as a result of shopping with Tolani Collection, notify Tolani Collection and your credit card company in accordance with its reporting rules and procedures. In no event shall Tolani Collection be liable or responsible in any way for the fraudulent use of your credit card.

Prices

Unless otherwise expressly indicated in writing by Tolani Collection, prices for all Tolani Collection products are as noted on Tolani Collection’s Site as in effect on date your order is placed. Unless otherwise indicated on Tolani Collection’s acknowledgment and/or invoice, Buyer shall pay, and be exclusively liable for, all costs of shipping, delivery, insurance and the like after Tolani Collection has effected delivery of the products to the U.S. postal Service or other carrier. All prices are in United States dollars.

Taxes

Prices do not include any tax or other governmental charge or assessment on the sale, shipment, production, or use of any products sold to Buyer hereunder. Such taxes and charges, when applicable, may appear as separate additional charges on Tolani Collection’s acknowledgment and/or invoice. Buyer shall be solely responsible for, and shall pay to Tolani Collection upon demand, any such tax, charge, or assessment, unless Buyer has furnished to Tolani Collection an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.

Delivery

Tolani Collection shall make every reasonable effort to effect shipment on or before the scheduled shipping date(s) reflected on Tolani Collection’s acknowledgment and/or invoice, but such schedule may vary due to, among other things, conditions beyond Tolani Collection’s reasonable control, including, but not limited to Tolani Collection’s receipt of all materials and information to be supplied by Buyer. If no shipping date is specified, shipment will be made on date(s) selected by Tolani Collection. In no event shall Tolani Collection be liable for any damages or penalties for delay in delivery or for failure to give notice of delay.

Title

Title to all Tolani Collection Products sold by Tolani Collection to Buyer shall pass from Tolani Collection to Buyer when such Tolani Collection Products are delivered by Tolani Collection to the carrier for shipment to Buyer.

Inspection by Buyer

Buyer shall carefully inspect all deliveries of Tolani Collection Products as they are received by Buyer and report to Tolani Collection promptly (but in any event within thirty calendar days after receipt of shipment) any alleged error, shortage, defect, or nonconformity of such products. Any failure by Buyer to so inspect and report shall constitute a waiver by Buyer of any claim or right of Buyer against Tolani Collection arising out of or related to any such error, shortage, defect, or nonconformity that was reasonably discoverable by such an inspection.

Limited Warranty

It is the sole and exclusive responsibility of Buyer to determine the suitability of any and all Tolani Collection Products for Buyer’s intended purposes and uses. Tolani Collection warrants that the Tolani Collection Products sold hereunder will be free from defects in material and workmanship for a period of thirty days from the date of shipment. If you discover a defect covered by this warranty, we will repair or replace the Tolani Collection Product at our option, provided that Tolani Collection shall not have any liability whatsoever for any damage to or defect in Tolani Collection products resulting directly or indirectly from events occurring after the delivery of such products to the U.S. postal Services and/or carrier by Tolani Collection.

This limited warranty does not cover damage caused by abuse, misuse, accident, modification, or repair by any person other than Tolani Collection, moisture, extreme heat or cold, or corrosive environments. The limited warranty does not cover any Tolani Collection Product with an altered or defaced serial number. This limited warranty is the sole and exclusive warranty given by Tolani Collection with respect to Tolani Collection products. Any implied warranty arising under applicable law in connection with the sale or use of products, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, title, or noninfringement, is limited in duration to the 30 day term of the express limited warranty above. No representative of Tolani Collection is authorized to give or make any other representation or warranty or modify this warranty in any way except in a written amendment of these terms of sale signed by a duly authorized representative of Tolani Collection which makes specific reference to these terms of sale.

Limitation on Tolani Collection’s Liability

Tolani Collection’s liability is limited solely to the repair or replacement of defective Tolani Collection products or components. This limited warranty shall not in any event be deemed to include any liability, obligation, or responsibility of Tolani Collection for any indirect, incidental, consequential, special, or exemplary damages arising in connection with Tolani Collection products, or their sale or use, including but not limited to, damage to or loss of any property, injury to person, loss of use of the product, or inconvenience. Some states do not allow limitations on the duration of implied warranties, or the exclusion or limitation of incidental or consequential damages. Therefore, the foregoing limitations and exclusions may not apply to you. This limited warranty gives you specific legal rights and you may also have other rights, which vary from state to state.

Indemnification

Buyer agrees to indemnify, hold harmless, and defend Tolani Collection (and its employees, consultants, advisors, experts, officers, directors, parents, subsidiaries, affiliates, successors, assigns, and agents) from and against any and all claims, demands, judgments, liabilities, damages, losses, expenses, and costs (including, but not limited to, court costs and attorneys’ fees) incurred or suffered by Tolani Collection, which relate to or arise out of (a) Buyer’s use, handling, sale, or distribution of the Tolani Collection products sold hereunder; or (b) Buyer’s breach of any representation, warranty, or obligation hereunder.

Termination & Effect

Either you or Tolani Collection may terminate access to or use of the Service with or without cause at any time and effective immediately. Tolani Collection shall not be liable to you or any third party for termination of the Service. If you object to any provision of the Terms of Sale or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to terminate your use of the Service.

You agree that upon termination of these Terms of Sale, you will perform your obligations under all outstanding purchases.

Last Updated: Oct. 1, 2024