LAST UPDATED: June 6th, 2017
Welcome to our site, www.toughlabhq.com, the online home for ToughLab LLC ( "Firm", "we", or "us"). The word "you" refers to the viewer or user of this site. You are invited to access the various informational resources available to you, subject to the terms and conditions ("T&C") stated on this page.
By visiting www.toughlabhq.com, you are agreeing to all of the T&C. These T&C are form a binding contract between you and ToughLab LLC, the website owner, regarding your use of this site. If you do not agree with any of the terms, please exit the website promptly.
Your use of this site also requires you to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services. Unless expressly permitted by supplemental terms, this site is intended for general audiences 18 years of age and older. Access by anyone younger is not authorized.
Use of this site
Materials located on toughlabhq.com contain general information about the firm, the personnel, and the services. They also provide information about business industries in general. The information presented here is NOT legal advice and is not to be acted on as such and is subject to change without notice.
No consultant client relationship or legal advice
Reading, using or receiving information presented on this website or through any email or electronic communication sent through this website via any mailing list does NOT create an consultant-client relationship. In other words, visiting this website does not make ToughLab LLC your consultant. A consultant-client relationship is only created with this firm after a contract in writing specifically expressing the intent of both parties to enter into an agreement for a specific purpose is signed by both parties. Additionally, we reserve the right to refuse service to any person or entity, without obligation to assign reason for doing so.
No user of this site should act or refrain from acting based on the information from this site without consulting legal counsel in his or her relevant jurisdiction.
If you do enter into an consultant-client relationship as described above, the terms and conditions of this agreement do not extend to the terms of engagement with regards to that separate and distinct relationship and vice versa. The specific scope, terms, and conditions of that relationship will be specified in the mutually agreed to and signed writing memorializing the agreement.
Materials submitted to site
You are prohibited from uploading, submitting, posting, or making available on this site any artwork, photos, videos, or materials, protected by copyright, trademark, or other proprietary right without the express written permission of the owner. You shall be held liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or harm resulting from any such submission. Your act of posting, submitting, sending or uploading any such material will be deemed as a representation by you that you have full and complete authority to do so and that sharing such information does not violate any laws, rules, regulations, or rights of third persons.
Links and Email Addresses
Links posted on this website to other websites are provided only as a convenience to our clients. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with ToughLab LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, commercial or non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
The information presented on toughlabhq.com is provided “as is” and “as available,” without representation or warranty of any kind. Toughlab LLC does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, ToughLab LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if ToughLab LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, ToughLab LLC's liability is limited to the fullest possible extent permitted by law. In no event shall ToughLab LLC’s cumulative liability to you exceed the total purchase price of the Service you have purchased from ToughLab LLC, and if no purchase has been made by you ToughLab LLC’s cumulative liability to you shall not exceed $100.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
These T&C shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website; provided, however, that in the event of a conflict between such other terms and the terms of these T&C, the terms of these T&C shall control.
These T&C have been made in and shall be construed and enforced in accordance with Texas law. Any action to enforce this agreement shall be brought in the federal or state courts located in Texas State. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of ToughLab LLC to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these T&C. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these T&C for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to ToughLab LLC, and all other provisions for which survival is equitable or appropriate. ToughLab LLC may assign its rights and duties under these T&C to any party at any time without notice to you.
Updated: June 6th, 2017