ToadStream.com – Terms of Service

Effective Date: Jan 17, 2025

Welcome to ToadStream.com (the “Website”), operated by Toad Stream, LLC (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Website and its services. By accessing or using the Website, you agree to comply with these Terms. If you do not agree to these Terms, please do not use the Website.

1. Acceptance of Terms
By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into these Terms. If you do not agree to any of the terms outlined herein, you should immediately discontinue use of the Website.

2. Changes to Terms
We may update or change these Terms from time to time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Website. It is your responsibility to review these Terms periodically. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms.

3. Use of Website Eligibility
You must be at least 18 years old to use the Website. By accessing or using the Website, you represent and warrant that you are of legal age to form a binding contract and that all information you provide is accurate, current, and complete.

License to Use
We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal and non-commercial purposes, subject to these Terms. This license does not permit you to copy, modify, distribute, or otherwise exploit the Website or its content without our prior written consent.

Prohibited Activities
You agree not to engage in any of the following activities:

Violating any applicable laws or regulations.
Using the Website to transmit any harmful, obscene, defamatory, or unlawful material.
Attempting to gain unauthorized access to any portion of the Website, systems, or networks.
Interfering with the operation or security of the Website, including by introducing viruses, malware, or other harmful code.
Using any automated systems, such as bots or scrapers, to access or collect data from the Website.

4. User Content
Ownership

By submitting or posting content on the Website (including but not limited to comments, reviews, or multimedia), you grant us a worldwide, royalty-free, irrevocable, non-exclusive license to use, modify, distribute, and display the content for the purpose of operating and promoting the Website.

Responsibility for Content

You are solely responsible for the content you post on the Website. You agree that you will not post content that is defamatory, obscene, infringing upon intellectual property rights, or otherwise violates the rights of any third party.

Moderation

We reserve the right, but not the obligation, to monitor, review, or remove any content submitted to the Website at our discretion.

5. Privacy

Your use of the Website is also governed by our [Privacy Policy], which explains how we collect, use, and protect your personal information. By using the Website, you consent to the collection and use of your information as outlined in the Privacy Policy.

6. Intellectual Property
Trademarks
All trademarks, service marks, logos, and other identifiers used on the Website are the property of Toad Stream, LLC or their respective owners. You may not use, copy, or reproduce any trademarks without prior written consent from the respective owner.

Content Ownership
The Website and its contents, including text, images, graphics, and software, are protected by copyright and other intellectual property laws. All rights not expressly granted to you in these Terms are reserved.

7. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party sites. We encourage you to review the terms and policies of any third-party websites you visit.

8. Disclaimers
No Warranties
The Website is provided “as is” and “as available,” without any warranties of any kind, either express or implied. We do not warrant that the Website will be uninterrupted, secure, or free of errors. You use the Website at your own risk.

Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website. Our total liability to you for any claims arising from these Terms shall not exceed the amount paid by you, if any, for access to the Website during the 12-month period preceding the claim.

9. Indemnification
You agree to indemnify, defend, and hold harmless [Your Company Name], its affiliates, officers, employees, agents, and licensors from any claims, damages, liabilities, costs, or expenses (including legal fees) arising out of your use of the Website, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.

10. Termination
We may suspend or terminate your access to the Website at any time, without notice, if we believe you have violated these Terms or engaged in any conduct that may harm the Website or its users. Upon termination, all rights granted to you under these Terms will immediately cease, and you agree to discontinue all use of the Website.

11. Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action arising from these Terms shall be filed exclusively in the courts located in San Diego, California, and you consent to the jurisdiction of such courts.

12. Dispute Resolution
In the event of a dispute, we encourage you to contact us first to resolve the matter amicably. If a resolution cannot be reached, you agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.

13. Miscellaneous
Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and us regarding the use of the Website.

Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

Toad Stream, LLC
Lynne Arciero
[email protected]