Terms of use and agreement

TERMS OF USE AND AGREEMENT

WEBSITE TERMS OF USE

ACCEPTANCE OF TERMS

THIS AGREEMENT GOVERNS YOUR USE OF TORIED’S WEBSITE AND INFORMATION.

Toried is a website owned and operated by The W Factory, LLC. Toried offers free rankings that allow users to receive enhanced information about products, services, and other.

Any person who wishes to use Toried must agree to the terms and conditions of this Website Terms of Use, which includes the Toried Privacy Policy (collectively, the "Agreement"), as well as all other policies and guidelines incorporated by reference in this Agreement. The Agreement is a binding agreement between you and Toried.

BY USING TORIED, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE TORIED.

CHANGES TO THIS AGREEMENT

Toried may change any of the terms and conditions contained in this Agreement, including the Privacy Policy and other policies and guidelines governing the Service, at any time in its sole discretion. NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT WILL BE POSTED ON TORIED'S WEBSITE BEFORE THEY BECOME EFFECTIVE. YOU ARE RESPONSIBLE FOR REVIEWING THE NOTICE AND ANY APPLICABLE CHANGES.

YOU AGREE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE WEBSITE AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

INFORMATION COLLECTED AND STORED BY TORIED.
To use certain features of Toried, such as the Toried contact form, this use may cause Toried to collect and store your information.

For more details about Toried's data collection and data use practices, see Toried's Privacy Policy, which is a part of this Agreement.

Toried knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy is a binding part of Toried's Website Terms of Use Agreement ("Agreement") and explains the type of information Toried collects through its website and what Toried does with it. If you use Toried website, you will be bound by the terms of the Agreement, including this Privacy Policy. This policy may change from time to time so you should check it frequently.

Toried is a web information and ranking company. We test, review, collect, and compare products, services and other in order to help people discover what are the best products, services and other from our point of view. Millions of people are subject to use Toried to find out what are the best things the world has to offer. NOTE: WE DO NOT ATTEMPT TO ANALYZE WEB USAGE DATA TO DETERMINE THE IDENTITY OF ANY TORIED USER.

What personal information about users does Toried gather?

Information you give us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features, such as submitting enquiries. We use the information that you provide for such purposes as responding to your requests, customizing and improving our services, and communicating with you.

Automatic information we collect from our website usage: When you use the Website, we collect information about the rankings you checked, websites you visit and the advertisements that you see, the searches you perform using the "search" function of the website, the ways in which you use various website features, and the pages you view. Although this information may contain some personally identifiable information, Toried does not use it to determine the identity of individual users or correlate it to your email address or other personally identifiable information that you give us or our affiliates, except as required by subpoenas, court orders, or other legal requirements.

We receive and store certain types of information whenever you interact with our website. For example, like many websites, we use "cookies," and we obtain certain types of information when your Web browser accesses Toried.com, when you view advertisements and other content served by or on behalf of Toried.com on other Web sites.

What about cookies?

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser, and through our Toolbar Service, to enable our systems to recognize your browser.

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

Does Toried share the information it receives?

We may share personally identifying information with third parties only as described below.

Operations we do not control: We may offer search or other services that are powered or provided by another company. You can tell when a third party is involved in a given service offering, and, if you choose to use the service, we will share information related to your use of the service with that company. For example, if you use a third-party advertising program offered through our through our website, we will transmit your IP address to that company so that it can provide you with the requested services.

Third-party service providers: We employ other companies and individuals to perform functions on our behalf. Examples include storing and analyzing data, providing customer service. They have access to user information needed to perform their functions, but may not use it for other purposes.

Business transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the event that Toried or substantially all of its assets are acquired, user information will be one of the transferred assets.

Protection of Toried and others: We release account and other user information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Toried, our users, or others. However, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from users for commercial purposes in violation of the commitments set forth in this Privacy Notice.

With your consent: Other than as set out above, you will receive notice when personally identifiable information about you might go to third parties, and you will have an opportunity to choose not to share the information.

How Secure Is Information About Me?

Toried uses commercially reasonable computer security safeguards to protect its databases and servers against risks of loss, unauthorized access, destruction, misuse, modification, or inadvertent or improper disclosure of data.

Toried segregates certain personally identifiable and other information about your use of Toried's services into separate databases, some of which can be accessed only by a limited number of employees.

What about third-party advertising and links to other websites?

We work with third-party websites, advertisers, and Internet advertising companies working on their behalf, including. These Ad Companies may send (or "serve") advertisements directly to your browser, from our website. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize advertising content. The information practices of these Ad Companies are not covered by this Privacy Notice. Please contact them directly for more information about their privacy practices.

What Choices Do I Have?

Toried does not require that you provide us with personally identifiable information in order to use most of Toried’s services. Therefore, you can always choose not to provide such information.

Are children allowed to use Toried?

Toried does not offer products or services especially made for use by children. If you are under 18, you may use Toried's website only with the involvement of a parent or guardian.

USER AND OTHER THIRD PARTY CONTENT

"Comments" are postings authored by you or another user of the website through the "Comments Feature". You are responsible for anything you post. You may not post in any Comments material that you know or reasonably should know to be false or materially misleading, or that is libelous, defamatory, obscene, vulgar, abusive, harassing, threatening, or otherwise objectionable, or that is solely commercial in nature, or that invades a person's privacy, infringes another person's intellectual property rights, or otherwise violates any law or regulation.

Toried is not responsible for, and does not represent or endorse the accuracy or reliability of, any opinion, advice, statement, recommendation or other information included in any Comments posted on the website. Any reliance by you on any such opinion, advice, statement, recommendation or other information in a Comment shall be at your sole risk.

Without limiting the foregoing, Toried retains the right but not obligation in its absolute and sole discretion to screen, edit, or delete any Comment or other content displayed, uploaded to, distributed, or otherwise published through the website and to prevent or restrict access to the website for any reason, including to purge Comments, or take any other action to restrict access to or availability of material.

ANTI-SPAM POLICY AND ACCEPTABLE USE

While we encourage you to refer friends, family, colleagues, and others to use Toried, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the content, name, trademarks, or other intellectual property of Toried in conjunction with the sending of unsolicited email, or cause to be used Toried's equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that Toried's network addresses or Toried-hosted Web or email services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with Toried include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, MSN, Facebook or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to us.

ACCESS TO TORIED'S WEBSITE

To use the website, you must provide all your own equipment to establish a connection to the Internet and provide for your own access, including paying any fees.

OTHER WEBSITES TO WHICH TORIED'S WEBSITE LINKS OR REFERS

The Web changes constantly and no technique can ever index all pages accessible on the Web. As a result, TORIED cannot guarantee the completeness or accuracy of the websites or URLs to which TORIED's website link or refer.

Toried assumes no responsibility for the content of any website or URL to which it links or refers. Toried is not responsible for errors or omissions or for offensive or objectionable content contained on any website or URL included the website.
Toried occasionally receives requests to change or remove websites listed in the website. Toried reserves the right to address such requests on a case-by-case basis, and our editors will review and seriously consider the suggestions.

ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES

Toried may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations.

Toried has the right, but not the obligation, to monitor any ranking, activity, and content associated with the website. Toried may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the website without notice.

Toried may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect Toried's systems and users, to ensure the integrity and operation of Toried's business and systems, or in response to subpoenas, court orders, or legal requirements, Toried may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, posted content, and Web usage paths. By using Toried you expressly consent to the foregoing use and disclosure.

PROPRIETARY RIGHTS

Intellectual Property and Copyright Infringement Notice

Toried, and all materials on the website including images, text, illustrations, logos, audio and video files (collectively "intellectual property"), are protected by copyrights, trademarks, servicemarks, or other proprietary rights. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Service is the exclusive property of Toried and protected by U.S. and foreign laws and international copyright treaties. Material from Toried and from any other service owned, operated, controlled, or licensed by Toried may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Toried's intellectual property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of Toried's copyrights and other proprietary rights and is strictly prohibited.

Notification and procedure for making claims of copyright infringement

You may notify Toried if your work has been copied in a way that you believe constitutes copyright infringement.

Notification as to be made to: The W Factory, LLC, Rue du Saint Julien 184A, 1228 Plan-les-Ouates, Switzerland.

If you wish to notify Toried of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:

a physical or electronic signature of the person authorized to act on behalf of the copyright owner; identification or description of the copyrighted work you claim has been infringed; identification or description of the work you believe is infringing on your copyrighted work and enough information to assist Toried in locating the allegedly infringing work; your address, telephone number, and email address; a statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law; your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.

Trademarks

Toried, and other Toried graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Toried in the United States and other countries. Neither Toried's nor their affiliates' trademarks may be used in connection with any product or service that is not Toried's, or its affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Toried, or its affiliates.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Toried and its affiliates, and each of their officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney's fees, relating to or arising out of any breach of this Agreement or any use of the website by you, or by any other person using the Service through you or using your computer.

DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT TORIED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF TORIED IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, TORIED AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER TORIED NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICE, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY RANKING, DESCRIPTION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE WEBSITE; (v) THE AVAILABILITY FOR SALE, OR THE RELIABILITY OR QUALITY OF ANY PRODUCTS DISCUSSED, RANKED OR REFERENCED USING TORIED; (vi) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vii) THAT TORIED IS NONINFRINGING. TORIED AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE TORIED AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF TORIED OR ITS AFFILIATES.

IF YOU PURCHASE A PRODUCT OR SERVICE RANKED OR DISPLAY BY TORIED OR ANOTHER USER OF THE SERVICE OR OTHERWISE AS A RESULT OF USING THE SERVICE OR ANY PART OF THE WEBSITE, AND A DISPUTE ARISES BETWEEN YOU AND THE SELLER, YOU RELEASE TORIED AND ITS AFFILIATES, AND ANY OF ITS OR THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT OBTAINED THROUGH THE USE OF TORIED IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY
IN NO EVENT SHALL TORIED OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF TORIED BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER TORIED, (ii) ANY USE OR INABILITY TO USE TORIED FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH TORIED, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH TORIED, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.

APPLICABLE LAW; JURISDICTION AND VENUE
By visiting Toried.com you agree that this Agreement shall be governed in accordance with the Federal law of Switzerland, without reference to its conflicts of law rules. The courts of Switzerland shall have jurisdiction over any dispute relating in any way to your visit to Toried.com, or this Agreement and you consent to exclusive jurisdiction and venue in such courts.

GENERAL PROVISIONS

Entire Agreement

This Agreement, which includes Toried Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written.

Severability

If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

Toried's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Toried's right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.

Any rights not expressly granted herein are reserved.

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