Toto Lynx™ TERMS AND CONDITIONS

The Terms and Conditions were last updated on 6/4/15

This Agreement binds you to comply with the terms of this Agreement and governs your use of Toto Lynx™ services, such as the Toto Lynx™ Admin site, the Toto Lynx™ Mobile, Toto Lynx™ Website, and Toto Lynx™ software applications such as the Toto Lynx™ Mobile Software Application. This Agreement is between Toto Communications, Inc. and its affiliates and the legal entity you represent by signing up for any Service, using the Service, or downloading, installing, or using any Application. If you are an individual entering this Agreement on behalf of your company, you represent and warrant that you have the authority and are competent to do so.

By agreeing to the terms of this end user license agreement and these terms of service (collectively known as the Agreement) - downloading, installing, or using any Toto Lynx™ software applications or services; you agree to abide by and comply with this agreement, and you affirm that you either are over the age of majority in your jurisdiction of residence, are an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement.



1. License

This license is an authorization to use Toto Lynx™ App service, Administration site and Switchboard. It is not a transfer of title, and is subject to the following restrictions: you may not: (1) modify the Materials, Content, Services or Accounts or use them for any commercial purpose or any public display, performance, sale or rental; (2) take apart, disassemble, reverse engineer, or decompile software, Materials, Content, Services or Accounts; (3) remove any copyright or other proprietary notices from the Materials, Content, Services or Accounts; (4) transfer or resell the Materials, Content, Services or your Account to another person. You agree to prevent any unauthorized copying of the Materials, Content, Services and Accounts.


2. Terms

The activation date of this Agreement is the date we enable Toto Lynx™ service for your Account. This Agreement will continue month to month (30 days) until terminated by either party.


3. Ownership

Toto Communications, Inc. retains the rights to all materials and media including but not limited to print, sound, software and video. Toto Communications, Inc. retains all intellectual property rights, including but not limited to its copyrights, trademarks, and patents associated with the materials and content of its service. All items mentioned above are the property of Toto Communications, Inc. These materials and services may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without the expressed written permission of Toto Communications, Inc. Trademarks and copyrights including the names Toto Communications, Inc., Toto Lynx™, and the "Toto Man" character are the property of Toto Communications, Inc.


4. Services and Account

Your account may be accessed only by your personal username and password. You are solely responsible for all uses of the admin site and/or the services and/or the use of your account. If you detect fraudulent activity on your account, you agree to immediately notify us of such unauthorized use. In the event of fraud, we reserve the right to suspend or terminate your Account, without notice to you.


5. Acceptance Policy

Receipt and fulfillment of your order signifies acceptance of these terms and conditions.


6. Emergency 911 Services

In the event of an emergency while using Toto Lynx™ services, hang up and dial "911" from your cellular provider.


7. Fees

You are responsible for paying all fees charged to your account including but not limited to cellular services, directory assistance charges, regulatory and government fees, and all taxes and surcharges, including regulatory recovery fees. Toto Communications, Inc. may charge initiation fees and additional fees for optional features, add-ons, and other added products and services. Toto Communications, Inc. reserves the right to change its pricing and/or billing practices in its sole discretion Toto Communications, Inc. may introduce new products and Services at special introductory pricing.


8. Billing and Payment

Toto Lynx™ Service is charged either once per month (30 days) or one (1) year in advance. Payments on the website are made to your credit or debit card. Monthly recurring charges are billed in advance of the month of usage. You must update any changes to your credit or debit card account on the Toto Lynx™ website, such as account number, billing address, or expiration date changes. Customers may also arrange for payments to be made via automatic electronic funds transfer. Notice of any disputes must be either in writing or by email at billing@totocomm.com and received by us within thirty (30) days after the invoice date or you will waive any objection.

Recurring Payments: A recurring payment is a payment in which you authorize Toto Communications, Inc. to directly charge your account on a regular basis (every 30 days). You will receive a notice confirming this transaction by email and/or text.


The following applies to any recurring payments you make:


9. Cancelation of Account

You may terminate this Agreement at any time. You may cancel service by going to the Account / Users tab on the admin page on the Toto Lynx™ website or by contacting Customer Care at 202-600-2421. Your termination request will be fulfilled immediately. If you fail to pay the amount owed on the date due, service will be suspended including all participants affiliated with your account. You will have a five (5) day grace period to pay your bill and restore service. After five (5) days, you will need to re-apply for new service authorization. Upon termination of this agreement and/or your services, you forfeit your right to use Toto Lynx™ services. Reactivation charges may be required to renew services after termination or suspension. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement. Should your credit or debit card be declined for any reason, we will attempt to charge it a 2nd time. If we are unsuccessful on the 2nd day, your account will be suspended and we will notify you of such suspension by email and/or text message


10. Transfer Account

You may transfer ownership of your account at any time by either going to the Account / Users pad on the admin page and selecting the Transfer My Account link or by calling Customer Care at 202-600-2421.


11. Account Changes

You may change service features of your account or service by going to the Account / Users tab on the Toto Lynx™ website.


12. Toll Free Number Ownership

You are the owner of any toll free telephone number assigned to you. Prior to termination of your account, you may request to transfer your toll-free number to another service provider without the Toto Lynx™ call management application. If you fail to transfer your toll-free number prior to terminating your account, your toll free number may be reassigned. You will be required to convert your account to a paid account during a free trial period while waiting for the transfer to complete.


13. Local Number Ownership

Once a toll free telephone number is assigned or transferred to you by Toto Lynx™, you are its sole owner. Prior to termination of your account, you may request to transfer your local number to another service provider without the Toto Lynx™ call management application. If you fail to transfer your local number prior to terminating your account, your local number may be reassigned. You will be required to convert your account to a paid account during a free trial period while waiting for the transfer to complete.


14. Voicemail to Email Services

Voicemails received within your Toto Lynx™ account sent to by email with a .wav attachment.


15. Terms Modification

Toto Communications, Inc. may change or modify this agreement at any time. If the changes are material, you will be notified of the change. You can review the most current version of this Agreement at any time by looking at our Site (www.TotoLynx.com). If you do not agree to any change, you may terminate this Agreement.


16. Price and Billing Terms Modification

Toto Communications, Inc. reserves the right, at any time, to change its prices and billing methods. Toto Communications, Inc. will notify you of any price or billing changes in advance.

17. Assignment

We have the right to assign all or part of our rights or duties under this Agreement to a third party provided that third party will be obligated to comply with the terms of this Agreement.


18. No Warranties; Limitation of liability

THIS MATERIAL, CONTENT AND SERVICE IS PROVIDED "AS IS" AND WITHOUT EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND TO THE EXTENT THAT LAW ALLOWS. TOTO COMMUNICATIONS, INC. WILL NOT BE LIABLE AND ASSUMES NO RESPONSIBILITY FOR ANY SUCH DAMAGES THAT RESULT FROM COMPUTER VIRUSES THAT MAY AFFECT YOUR ELECTRONIC EQUIPMENT, DATA OR SOFTWARE OR THE ABILITY TO ACCESS THOSE ITEMS. IN NO EVENT WILL TOTO COMMUNICATIONS, INC. ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO: YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. ALSO, WE WILL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES. THE FOREGOING SHALL APPLY EVEN IF TOTO COMMUNICATIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, TOTO COMMUNICATIONS, INC. SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND TOTO COMMUNICATIONS, INC AGREE THAT IN NO EVENT SHALL LIABILITY OF TOTO COMMUNICATIONS, INC. TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.


19. Indemnity

YOU AGREE TO DEFEND AND HOLD HARMLESS TOTO COMMUNICATIONS, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (1) YOUR USE OF THE SERVICES, (2) ANY OTHER PERSON'S USE OF ANY ACCOUNT YOU MAINTAIN, REGARDLESS OF WHETHER OR NOT SUCH USE IS AUTHORIZED BY YOU, OR (3) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF TOTO COMMUNICATIONS, INC. OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.


20. Force Majeure

Both parties are freed from legal and financial liability or obligation when an extraordinary event or circumstance beyond the control of both parties happens, such as and including without limitation, acts of god, earthquake, fire, flooding, riots, terrorism, war or government requirements.


21. Privacy

Toto Lynx™ Privacy Policy is posted at www.TotoLynx.com. Furthermore, you acknowledge Toto Communications, Inc.'s right, at its sole discretion, to monitor any calls to Customer Care concerning your account or service. You will be advised of any such call monitoring in advance.


22. Links to Third Party Sites

Toto Lynx™'s website contains links to other sites as a consideration to users. Toto Lynx™ is not responsible for the privacy practices or contents of any information provided by these external links. Users will need to check the privacy statement of these other sites to understand their policies. Users who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential.


23. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, excluding that body of law applicable to conflicts of law.


24. CPNI (Customer Proprietary Network Information) Compliance

Toto Communications, Inc. collects information that is made available to us solely by virtue of our relationship with Customers, such as details regarding the telecommunications services purchased, including the type, destination, technical configuration, location and amount of use of such services. This information and related billing information is known as Customer Proprietary Network Information (CPNI). Toto Communications, Inc. safeguards CPNI and complies with Federal Communications Commission (FCC) and other rules requiring Toto Communications, Inc. to protect Customer CPNI. Toto Communications, Inc. will not disclose CPNI except in accordance with applicable laws.


25. General Information

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect.


26. Reasonable Use Policy

Toto Communications, Inc. reserves the right without prior notice to disconnect or suspend your service if Toto Communications, Inc. determines that your use of the Service violates this Reasonable Use Policy. Toto Communications, Inc. reserves the right to add to, modify or amend the Reasonable Use Policy at any time for any reason in its sole discretion. This Agreement constitutes the entire agreement between Toto Communications, Inc. and you with respect to your use of the Toto Lynx™ Site, materials, content, services and your account, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Toto Communications, Inc. and you. The failure of Toto Communications, Inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.


27. Free Trial Period

Toto Lynx™ may from time to time offer a free trial period. All terms and conditions within this agreement apply during the free trial period. If you fail to cancel your account during the free trial period, your credit card will be charged for the offer charge and any charges you incurred during the trial period and/or any applicable taxes. If you cancel your account prior to the expiration of the free trial period, your credit card will not be charged. It is your responsibility to cancel your account by going to the Account / Users tab on the admin site or contacting Toto Communications, Inc. You hereby consent to Toto Communications, Inc. publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of promotional and marketing activities from time to time by Toto Communications, Inc.

Contact Us:


info@totocomm.com
202.600.2421

Toto Communications, Inc.
4905 Del Ray Ave., Ste.200
Bethesda, MD 20814
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