TOUCANWIN.COM TERMS & CONDITIONS
ACCEPTANCE OF TERMS & CONDITIONS
By using ToucanWin.com or by clicking "I agree" to this Agreement, you ("User") signify your Agreement to these terms and conditions. If you do not agree to this Agreement, please do not use ToucanWin.com and do not click "I agree." Please check this Agreement periodically for changes as the owner of ToucanWin.com ("ToucanWin.com") reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of ToucanWin.com following the posting of any changes constitutes acceptance of such changes. ToucanWin.com reserves the right to terminate a User's use of ToucanWin.com without notice and may do so for any breach of this Agreement.
Your use of our services is governed by the following terms and conditions ("User Agreement"). Before you can become a member of ToucanWin.com, you must read and accept all of the terms and conditions of this User Agreement. ToucanWin.com recommends that you read through all the terms carefully. This User Agreement constitutes a legally binding agreement between you and ToucanWin.com
YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE TOUCANWIN.COM
This Agreement must be completed, understood, and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access ToucanWin.com, they should email ToucanWin.com with their explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing ToucanWin.com from any country where this material is prohibited, please exit now as you do not have proper authorization.
LICENSE TO USE TOUCANWIN.COM
Upon your Agreement, ToucanWin.com grants you a non-exclusive, non-transferable, limited license to use ToucanWin.com according to the terms and conditions. You agree not to make false or fraudulent statements as you use ToucanWin.com. You acknowledge and agree that all content and services available on ToucanWin.com are property of ToucanWin.com and protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws worldwide. ToucanWin.com, its advertisers, and licensors fully reserve all rights not expressly granted herein.
You agree to pay for all purchases and services using your name and credit card through ToucanWin.com, not to challenge any such charges, and to pay for all collections and attorney fees resulting from any non-payment.
LICENSE RESTRICTIONS USE
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from ToucanWin.com. Systematic retrieval of data or other content from ToucanWin.com to create or compile, directly or indirectly, a collection, database, or directory without written permission from ToucanWin.com is prohibited. In addition, the use of the content or materials for any purpose not expressly permitted in this Agreement is not permitted.
ToucanWin.com reserves the right to limit in its sole discretion the number of user accounts per household and the number of won auctions per User account. A single credit card may not be used in conjunction with multiple user accounts. ToucanWin.com limits the number of user accounts per natural person and household (exceptions may apply).
ODDS OF WINNING UNKNOWN
Every auction is unique, and the results of all auctions offered on ToucanWin.com depend on the number of users participating in such auctions and the strategies of the users participating in the auctions; precise odds of winning are therefore unavailable. Users understand that there's no guarantee of success.
ACCEPTANCE OF THE WIN / PAYMENT
After an auction has ended, You must actively confirm and pay the total price for the won item. Suppose an auction win has not been verified and paid within seven days of the auction end date. In that case, ToucanWin.com may withdraw the offer to conclude the order and permanently revoke the winner's right to pay for and receive delivery of an item. If ToucanWin.com does this, all bids placed in that auction are refunded to users.
After confirming the win and paying the total amount due, the winner will receive a confirmation email. The item will not be sent to You until the total price is paid to ToucanWin.com.
The user's responsibility is to cease bidding on items until their accounts are again within the Terms and Conditions. Any user who bids in Violation of these terms and conditions will forfeit the win. First Violation will result in forfeit of win. Users will be credited bids placed.
Second Violation will result in forfeit of win and all bids placed during the auction. The account will be under review for suspension.
Users can place bids by manually clicking the relevant bid button or using Winston, the "Bid Butler." No user may utilize any bidding software not authorized by ToucanWin.com. Any breach thereof will result in the user's immediate disqualification from any further use of our services and immediate closure of your account.
- You’re only charged if the campaign achieves its Pledge Goal. While you provide your payment information when you pledge, you won't be charged immediately. Your payment will only be collected if, at the end of the campaign's Pledge Period, the Pledge Goal has been met. The exact amount you pledged is the amount ToucanWin.com will collect. If the campaign falls short of its fundraising goal, you won't be charged, no funds will be collected, and no money will be transacted.
- In certain situations, we may hold a reserve charge on your card. ToucanWin.com and its payment partners may authorize or reserve a charge on your credit card or any other payment method you use for any amount up to the full pledge, at any time between the pledge and the collection of funds.
- Your pledge can be altered or cancelled anytime before the campaign's Pledge Period ends (with one exception). You have the freedom to increase, decrease, or cancel your pledge at any point during the campaign. However, in the last 24 hours of the campaign, decreasing or cancelling your pledge requires contacting customer support first—if such action would cause the campaign to fall short of its Pledge Goal. Once the campaign is funded, pledge cancellations or changes may not be made.
- ToucanWin.com doesn’t offer refunds after the campaigns are funded. The responsibility for completing a campaign lies solely with the Auctionpreneurs. ToucanWin.com doesn’t hold funds on Auctionpreneurs’ behalf, cannot guarantee Auctionpreneurs’ campaigns, and does not offer refunds.
When Auctionpreneurs create a campaign, the following terms apply:
- You may refund individual pledges if you want. After your campaign has been funded, you have the option to cancel and refund a bidder’s pledge at any time. If you do, you have no further obligation to that specific bidder and no agreement exists between you.
- ToucanWin’s portion of the funds received are help before depositing funds in Auctionpreneur’s account. ToucanWin.com and its payment partners will subtract fees before transmitting the proceeds of a Auctionpreneur.
- Some pledges can’t be collected, which might reduce the total funding Auctionpreneur receives. As some payments can’t be collected—for instance, when a bidder's credit card expires before funding ends and they fail to update their information—we can't guarantee the funding Auctionprenuers receive will be exactly equal to the total amount pledged minus processing fees.
- We'll assist in resolving payment-card disputes. If a bidder disputes the charge with their card issuer, we'll manage representing the charge to settle the dispute with the card issuer. You'll be informed if a dispute is filed, and you’ll be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is deemed valid, you authorize ToucanWin to charge the credit card number you provided when you started your campaign for the amount of the chargeback.
- Anticipate potential delays. Don’t assume you’ll be able to launch your campaign immediately; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don't assume you'll be able to instantly access your funding; there might be a delay between the end of a successful campaign and your access to the funds. And don’t make decisions based on the assumption of collecting any of the money pledged until you actually have the ability to withdraw it from your account and spend it.
Bids must be purchased and paid for in advance from bid packages at the current prices listed on our website. Bids held in user accounts must be used within 365 days from when the bids have entered the account through purchase, item exchange, or auction win. If the bids have not been used within that time, they will expire and be permanently removed from the account.
Promotional bids are subject to expire at any time without prior notice. Toucanwin.com will honor a full or partial refund on any unused paid bids in a user's account within 30 days. No refunds will ever be issued after 30 days of payment for the bids. Users who have won an auction and paid for a product are not eligible for a refund on either bid purchases, account activation fees or product fees if their product has been shipped by the time of the request. Under no circumstances will bids that have been placed be refunded, including bids won, bids returned using the Buy Now option, free bids, bids returned for promotions or any other bids Toucanwin.com deems ineligible. Under no circumstances are you eligible for a refund of a larger amount than the total amount spent on the site, minus the total amount won in product value on the site determined by the Buy Now price.
ToucanWin.com is not responsible for additional payment fees issued to the user by the user's bank.
ToucanWin.com strictly prohibits any form of bidding with the intent to artificially manipulate the bidding process on ToucanWin.com or the bid price of any product listed on the site, or influencing user behavior on ToucanWin.com. A daily spending limit can and will be enforced if we consider that someone has affected any type of prohibited bidding or winning by intimidating other members, and we reserve the right to suspend the member without any prior notice. This will result in automatic suspension due to fraud, and the account will be suspended for investigation. Other restrictions may apply.
Any form of collusion may result in immediate disqualification from any further use of our services, and immediate closure of your account.
ToucanWin.com reserves the right to add, reschedule or remove products from the ToucanWin.com website at anytime without notice. An auction is deemed to have closed when the timer on the auctioned item runs out "ended" and no users have placed a new Bid. Users should be aware that the timer available to the user is an approximation, which may be affected by network delays. The final decision of when an auction closes will be based on the timer used by ToucanWin.com
servers. Auctions may offer the "Buy Now" option which allows the user to buy the item at the store price. The option to "Buy Now" will be offered for a limited period of time (six days after the auction ends) after which the option to "Buy It Now" is revoked.
You have the right to terminate your account at any time. This can be done by either not using ToucanWin.com or by closing your account as stated in ToucanWin.com procedures.
ToucanWin.com reserves the right to terminate your account at its discretion if it determines that you have violated its Terms and Conditions, including but not limited to, the use of unauthorized third party bidding or software that tracks bids, the creation of multiple accounts by the same person or if fraudulent behavior or account activity occurs. By using ToucanWin.com, you agree that if ToucanWin.com, in good faith and with its sole discretion, determines that you have violated these Terms and Conditions, it may withhold, cancel, or otherwise retain any and all of your pending deliveries and/or refunds of bids.
You agree that if ToucanWin.com issues you a Username and Password, you shall use your best efforts to prevent access to ToucanWin.com through your Username and Password by anyone other than yourself. This includes but is not limited to keeping such information strictly confidential, notifying ToucanWin.com immediately if you discover loss or access to such information by an unauthorized party, and by using a secure Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer disassemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents, or materials on or received via ToucanWin.com. You understand that such actions are likely to subject you to severe civil and criminal legal penalties and that ToucanWin.com shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of ToucanWin.com. Materials or services received through ToucanWin.com shall not be exported or re-exported anything on or received through ToucanWin.com in violation or local or foreign export laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following provision applies. ToucanWin.com, code, contents, services, and documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions by or on behalf of civilian agencies, consistent with the policy outlined in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies outlined in 48 C.F.R.
227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995. Unpublished rights are reserved under the copyright laws of the United States.
ERRORS AND CORRECTIONS
While we use reasonable efforts to include accurate and current information on ToucanWin.com, we do not warrant or represent that ToucanWin.com will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our ToucanWin.com, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and changes to ToucanWin.com's features, functionality, or content. If you see any information or description you believe to be incorrect, please contact us, and we'll verify it for you.
LINKS TO OTHER SITES
USER'S LICENSE GRANT TO TOUCANWIN.COM
Except for personal information, all information you post on ToucanWin.com or communicate to ToucanWin.com through the site (collectively "Submissions") shall forever be the property of ToucanWin.com. ToucanWin.com shall not treat any submission as confidential and shall not incur any liability due to any similarities that may appear in future ToucanWin.com services or products. Without copy, ToucanWin.com shall have exclusive ownership of all present and future rights to the Submission of every kind and nature. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality, and copyright. You represent and warrant that your Submission does not infringe the rights of any third party.
By using features of ToucanWin.com that allow you to post or otherwise transmit information to or through ToucanWin.com, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in Violation of ToucanWin.com's rules or policies;
- infringes any patent, trademark, service mark, trade secret, copyright, moral right, right of publicity, privacy, or other proprietary rights of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any employee or representative of ToucanWin.com, its licensors, or advertisers.
You also agree that you shall not harvest or collect information about the users of ToucanWin.com or use such information to transmit or facilitate the transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.
ToucanWin.com generally does not pre-screen, monitor, or edit the content posted by users of ToucanWin.com. However, ToucanWin.com and its agents have the right, at their sole discretion, to remove any content that, in ToucanWin.com's sole judgment, does not comply with ToucanWin.com Submission Rules or is otherwise harmful, objectionable, or inaccurate. ToucanWin.com is not liable for any failure, delay, damages, or results in removing such content.
You agree that your use of ToucanWin.com may be suspended or terminated immediately upon receipt of any notice which alleges that you have used ToucanWin.com in Violation of these Rules for any purpose that violates any local, state, federal, or law of other nations, including but not limited to the posting of information that may infringe third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of ToucanWin.com may disclose your identity and contact information if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of ToucanWin.com shall not be liable for damages or outcome of a subpoena or other legal action, and the owner of ToucanWin.com shall not be responsible for damages or consequences thereof, and you agree not to bring any action or claim against the owner of ToucanWin.com for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
ToucanWin.com design, text, content, selection, and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to ToucanWin.com are protected under applicable copyright laws. ALL RIGHTS RESERVED. Posting any such elements on ToucanWin.com does not constitute a waiver of any right to such features. You do not acquire ownership rights to any such elements viewed through ToucanWin.com. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recorded, or otherwise, without ToucanWin.com's prior written permission.
ToucanWin.com name, logo, and all product names, ToucanWin.com names, and other logos, unless otherwise noted, are trademarks and trade dress of ToucanWin.com. The use or misuse of any Marks or any other materials contained on ToucanWin.com without the prior written permission of their owner is expressly prohibited.
You may be transferred to online merchants or other third-party sites through links or frames from ToucanWin.com. You are cautioned to read their Terms and Conditions and Privacy Policies before using ToucanWin.com. ToucanWin.com may contain information or material that is illegal, unreasonable, or that some people may find inappropriate or offensive. These other sites are not under the control of ToucanWin.com and are not monitored or reviewed by ToucanWin.com. The inclusion of such a link or frame does not imply endorsement of ToucanWin.com by the site, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that ToucanWin.com and its licensors have no liability whatsoever from such third-party sites and your usage of them.
WITHHOLDING PAYMENT / RETENTION OF TITLE
You agree that the item delivered shall remain ToucanWin.coms' property until payment is received in full (the total price,) including the shipping and bids used in the auction.
RETURNS / CANCELLATIONS
ToucanWin.com winners have the right to cancel or return an order when explicitly allowed in an auction. Bids placed on an auction are not eligible for a refund. These cancellation rights end 14 days after the day the winner receives the goods or a notification that the goods are ready for collection.
Some exceptions may apply. If such an exception does apply, it will be noted on the auction return information on the individual auction page. Exclusions include Free Bids, Coupons, and Voucher Bids. If you are found not to be in good standing due to fraudulent behavior, excessive refund requests, and other such conduct, you have been deemed to have breached the Terms and Conditions and will not be eligible for a refund.
If you wish to cancel the contract, you must inform ToucanWin.com by email that you want to cancel within the time period stated above. Cancellations by phone will not be accepted. The following contact must be used: [email protected].
In order to complete a cancellation or return, you must return the received product or products in new condition. You will pay shipping expenses for returns unless goods are found to be defective.
ToucanWin.com will not accept a return if you cannot return the service or product received or are only able to return it in part or less than new condition.
Should ToucanWin.com incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by you.
ToucanWin.com offers a thirty-day satisfaction guarantee on all products purchased from the platform. If a ToucanWin.com customer requests a refund, s/he may return the item according to our Shipping & Return Policy, http://www.ToucanWin.com.com/shipping. Returned items must be unused and in a resalable condition. All refunds are subject to a 20% restocking fee.
Should ToucanWIn.com not be able to deliver the product ordered or the product won, ToucanWin.com shall be entitled to substitute the item with an equivalent product acceptable to both ToucanWin.com and you, or provide a refund of the auction end price, Buy It Now payments, and all bids placed by you on that particular auction.
DISCLAIMER OF WARRANTIES
ToucanWin.com, its bidfluencers, and licensors make no representation or warranties about ToucanWin.com, the suitability of the information contained on or received through ToucanWin.com or any service or products received through ToucanWin.com. All information and use of ToucanWin.com are provided "as is" without warranty.
ToucanWin.com, bidfluencers, and its licensors hereby disclaim all warranties without regards to ToucanWin.com, the information contained or received through the use of ToucanWin.com, and any services or products received through ToucanWin.com, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
ToucanWin.com, bidfluencers and/or its licensors do not warrant that the contents or any information received through ToucanWin.com are accurate, reliable or correct; that ToucanWin.com will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through ToucanWin.com are free of viruses or other harmful components. Your use of ToucanWin.com is solely at your risk.
The User agrees that it has relied on no warranties, representations, or statements other than in this Agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you. Still, they shall apply to the maximum extent permitted by the law of your jurisdiction.
You agree that the use of ToucanWin.com is at your sole risk. Neither ToucanWin.com nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by ToucanWin.com, or the like, warrant that websites affiliated with ToucanWin.com, including but not limited to, ToucanWin.com, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
The information, products and services published on ToucanWin.com may contain inaccuracies or typographical errors. ToucanWin.com makes no warranty as to the results that may be obtained from the use of ToucanWin.com or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through ToucanWin.com.
Furthermore, ToucanWin.com shall not be responsible for any opinions, views, advice or statements posted on ToucanWin.com (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized ToucanWin.com spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized ToucanWin.com spokespersons.
At no time should the opinions, views, advice or statements provided by bidfluencers, providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF TOUCANWIN.COM IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY TOUCANWIN.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
TOUCANWIN.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF TOUCANWIN.COM, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TOUCANWIN.COM, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING EMAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE.
WITHOUT LIMITING THE FOREGOING, TOUCANWIN.COM DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOUCANWIN.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM TOUCANWIN.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT TOUCANWIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH TOUCANWIN.COM.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON TOUCANWIN.COM SERVICES OR ITEMS PURCHASED THROUGH TOUCANWIN.COM, FROM INABILITY TO USE TOUCANWIN.COM SERVICES OR ITEMS PURCHASED THROUGH TOUCANWIN.COM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF TOUCANWIN.COM SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Under no circumstances shall ToucanWin.com, bidfluencers, and its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, ToucanWin.com. This limitation applies whether the alleged liability is based on contract, tort, negligence, strictly liability, or any other basis, even if ToucanWin.com, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, ToucanWin.com, advertisers and/or its respective licensors' liability in such jurisdictions shall be limited to the maximum extent permitted by the law of your jurisdiction.
YOU AGREE THAT TOUCANWIN.COM SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY TOUCANWIN.COM. IN NO EVENT SHALL TOUCANWIN.COM BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES, OR ADDITIONAL EXPENSES INCURRED, WHETHER ACCORDING TO A CLAIM IN CONTRACT, TORT, OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
You agree to defend, indemnify, and hold harmless ToucanWin.com, its bidfluencers, licensors, subsidiaries, and other affiliated companies, and their employees, contractors, officers, agents, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of ToucanWin.com, or any services, information or products from ToucanWin.com, or any violation of this Agreement. ToucanWin.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with ToucanWin.com in asserting any available defenses
ToucanWin.com may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used ToucanWin.com for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may infringe third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, ToucanWin.com may disclose the User's identity and a subpoena or other legal action, and ToucanWin.com shall not be liable for damages or results thereof and the User agrees not to bring any action or claim against ToucanWin.com for such disclosure.
CHOICE OF LAW AND FORUM
ToucanWin.com (excluding third party linked ToucanWin.com is controlled by ToucanWin.com from its office in Sheridan, Wyoming. It can be accessed from all countries around the world to the extent permitted by ToucanWin.com. As each of these places has laws that may differ from the State of Wyoming, by assessing ToucanWin.com, both you and ToucanWin.com agree that the statutes and laws shall apply to any actions or claims arising out of or in relation to this Agreement or your use of ToucanWin.com, without regards to conflicts of laws principles thereof. You and ToucanWin.com also agree and hereby submit to the filing of any claim only in the State of Wyoming. Any legal proceedings shall be conducted in English. ToucanWin.com makes no representation that materials on ToucanWin.com are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. This provision applies to all Customers of ToucanWin.com.
This Agreement incorporates ToucanWin.com Submission Rules if ToucanWin.com allows posting and posts such Rules. This Agreement constitutes the entire Agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written, or electronic) agreement between the parties, and shall not be changed except by a written agreement signed by an officer of ToucanWin.com. If any provision of this Agreement is found to be prohibited by law is held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement, as much as possible under applicable law, shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. The unenforceable provision shall be automatically amended to accomplish best the objectives of such unenforceable provision within the limits of applicable law.
ToucanWin.com reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.