Terms of Service

Please read this Terms of Service agreement (the "Agreement" or "Terms") carefully as they affect your legal rights and obligations. By making a purchase of product(s) we sell on the Site, or in any other physical retail location ("Products"), or accessing or using this website, www.toquienergy.com, or any other websites owned or operated by TOQUI Energy LLC ("TOQUI," "us," "we," or "our"), its affiliates or agents, that post a link to or include this Agreement (collectively, the "Site") in any way, including using the Services and resources available or enabled via the Site (each a "Service" and collectively, the "Services"), completing the registration process, and/or merely browsing the Site, you represent that: (1) you have read, understand, and agree to be bound by the Agreement; (2) you are at least 18 years old or the age of majority in your jurisdiction; and (3) you have the authority to enter into the Agreement. If you do not meet the age requirement, you may not purchase on the Services. If you do not agree to be bound by the Agreement, you may not access or use this Site or the Services or provide data to us.

Arbitration Agreement Notice (for U.S. Residents only): Where permitted by law, and except for certain types of disputes described in the Arbitration Agreement section below, you and TOQUI agree that this Agreement requires the use of arbitration on a binding, individual basis to resolve disputes related to the Services, these Terms of Service, and/or our privacy policy, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. You waive your right to proceed with any dispute as part of a class action lawsuit or class-wide arbitration. For more information, see the "Arbitration Agreement" section below.

Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms"), such as the TOQUI Subscription and Sales Terms, including any TOQUI Gift Card Terms and Conditions, as may be presented to you from time to time. Such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. The Supplemental Terms shall be governed by this Agreement. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.

It is your responsibility to review this Agreement periodically. We may revise this Agreement at any time without prior notice to you. If you do not agree to this Agreement, please do not use this Site or the Services or provide data to us.

This Agreement is subject to change by us in our sole discretion at any time without prior notice ("Updated Terms"). When changes are made, we will make the Updated Terms available on the Site and update the "Last Updated" date at the top of the Agreement. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Changes to the Agreement will be effective immediately for new users and will be effective thirty (30) days after posting notice of such changes on the Site for existing users. We may require you to provide consent to the Updated Terms in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of the Updated Terms. Unless material changes are made to the arbitration provisions herein, you agree that modification of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).

You acknowledge and agree that all information collected by TOQUI is subject to our Privacy Policy, which describes TOQUI's data and privacy practices in connection with your access to and use of the Services or the products or services offered via the Services, including our use of third-party cookies, pixels, tags, and other tracking technologies to collect personal information that may be used for analytics, marketing, and targeted advertising purposes. You agree that we and third parties providing services to us may use the information you submit for training purposes, including to train machine learning models. By using the Services, you consent to our Privacy Policy and the use of these technologies.

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services, including without limitation the TOQUI mark, the technology underlying the Site and Services, and the entire contents of the Site and Services — including but not to text, graphics, images, audio clips, digital downloads, data compilations, code, layout, trademarks, logos, service marks, designs, information, data, advertising copy, past, present, and future versions of the Site, domain names, source and object code, and the "look and feel" of the Site and Services ("TOQUI Content") — are owned, controlled, or licensed by TOQUI Energy LLC and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties.

TOQUI Content may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, except with the express permission of TOQUI as expressly provided in this Agreement. Any unauthorized use of TOQUI Content is prohibited.

You may visit our Services without further permission from TOQUI. TOQUI grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to access and view the Services and TOQUI Content for your personal use, and to copy, distribute, and transmit the content of this Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Site or Services. This license is subject to your full compliance with this Agreement.

When you view or use TOQUI Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the TOQUI Content; and (c) not copy or adapt any object code associated with the Services or reverse engineer, modify, or attempt to discover any source code associated with the Services, nor allow or assist any third party to do so.

Except as expressly provided in this Agreement, you may not copy, reproduce, republish, create derivative works of, upload, download, perform, display, post, transmit, distribute, or otherwise use TOQUI Content in any way without the prior written permission of a duly authorized TOQUI representative. Any and all rights to use the Services that are not expressly granted to you under this Agreement are reserved for TOQUI or its licensors.

TOQUI is not a health care provider and the Services do not provide medical or other licensed professional advice. Nothing stated or posted on this Site or available through any Services is intended to be, and must not be taken to be, the practice of medicine. For purposes of this Agreement, the practice of medicine includes without limitation providing health care treatment, instructions, diagnosis, prognosis, or advice. Any and all Site materials are for educational and informational purposes only.

The Products and statements on this Site are not intended to diagnose, treat, cure, or prevent any disease or condition. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition before relying on or otherwise deciding to take any action on the basis of any content or information available through the Services. Never disregard professional medical or health-related advice or delay in seeking it because of information you have obtained through the Services. Those who are taking medication, are under treatment for a disease, or who are pregnant or lactating are encouraged to consult with their health care professional before using any of our products.

Please read the following arbitration agreement in this section carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.

This clause applies to the fullest extent permitted by law. To the extent that any dispute between you and TOQUI arises from this Agreement or your use of or access to the Services, the arbitration proceedings will be governed by federal arbitration law and the JAMS rules.

Both you and TOQUI waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action.