Tocolux

Terms and conditions of use

Terms & Conditions of Use

Last updated: October 31, 2025

Owner: tocolux.com (“Site”, “we”, “us”, “our”)

Contact: Cutler Bay, FL 33189 • hello@tocolux.com

By accessing or using this Site, you agree to these Terms. If you do not agree, do not use the Site or its features (newsletter, contact form).

1) Eligibility & Acceptance

You must be at least 13 years old (or the age of digital consent in your location) to use the Site. Your access and use constitute acceptance of these Terms and our Privacy Policy.

Implementation tip (important): For enforceability, present these Terms via clear, affirmative consent (e.g., a checkbox or a “Sign up”/“Submit” button that states “By continuing you agree to the Terms”). U.S. courts routinely uphold clickwrap where the user must click to accept and the terms link is conspicuous, while browsewrap (passive links in the footer) is often not enforceable without clear notice and assent.

2) Changes to the Terms

We may update these Terms at any time. The “Last updated” date reflects the latest version. If changes are material, we will take reasonable steps to notify you (e.g., banner or email for subscribers). Continued use after changes constitutes acceptance.

3) Your Use of the Site

You agree not to:

Violate laws or regulations (including privacy, advertising, IP, and anti-spam rules).

Interfere with or disrupt the Site’s operation or security.

Attempt to access non-public areas or reverse-engineer any part of the Site.

Submit unlawful, infringing, defamatory, or deceptive content.

Use automated means to scrape or harvest content except as permitted by robots.txt or written consent.

We may suspend or terminate access for suspected violations.

4) Accounts & Communications

We currently do not require user accounts. If accounts are introduced later, you must provide accurate information and keep credentials secure.

Electronic communications. By contacting us or subscribing to the newsletter, you consent to receive electronic communications. Disclosures and records provided electronically can satisfy “in writing” requirements when users give proper consent per the E-SIGN Act.

You may unsubscribe from marketing emails at any time via the unsubscribe link.

5) Content; Intellectual Property

Our content. The Site and its original content, features, and functionality (including text, graphics, logos, and layout) are owned by us or our licensors and are protected by intellectual property laws.

Your submissions. If you send feedback or suggestions, you grant us a non-exclusive, royalty-free, worldwide license to use and incorporate them without obligation.

No reliance. Content is provided for general information only; it is not professional advice. You rely on it at your own risk.

6) User-Generated Content (if any in the future)

If we enable comments, reviews, or uploads, you represent that you own or have rights to the content you submit and that it does not infringe others’ rights, is lawful, and complies with these Terms. We may remove or decline content in our discretion.

Endorsements & reviews. Any testimonials or endorsements must disclose material connections; fake or deceptive reviews are prohibited under the FTC’s Endorsement Guides (and the FTC’s recent actions addressing deceptive reviews).

7) Copyright & DMCA Notice

We respect intellectual property rights. If you believe material on the Site infringes your copyright, send a DMCA notice to our designated agent:

Address: Cutler Bay, FL 33189

Email: hello@tocolux.com

Your notice must include the elements required by 17 U.S.C. §512(c)(3) (identification of work and material, contact details, a good-faith statement, and a statement under penalty of perjury). We will act expeditiously as required by law. Counter-notices may be submitted per §512(g). See the U.S. Copyright Office’s DMCA overview for details.

8) Privacy

Our Privacy Policy explains how we collect, use, and protect personal data (including newsletter emails and contact-form fields). It forms part of these Terms.

9) Third-Party Links & Tools

The Site may link to third-party websites or use third-party tools (e.g., hosting or email delivery). We are not responsible for third-party content, policies, or practices. Review their terms and privacy notices.

10) Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that defects will be corrected.

11) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SITE WILL NOT EXCEED US $100 OR THE AMOUNT YOU PAID (IF ANY) FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER.

12) Indemnification

You agree to indemnify and hold us harmless from claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Site, your content, or your breach of these Terms or applicable law.

13) Governing Law; Venue; Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida for any dispute not subject to arbitration (if arbitration is not adopted). Florida businesses commonly use governing-law clauses to establish predictability in cross-border transactions. Loshak Law PLLC

Optional arbitration clause (use if desired):

Any dispute arising out of or relating to these Terms or the Site shall be resolved by binding arbitration administered by JAMS (or the AAA) under its rules, on an individual basis (no class actions), with the seat in Miami-Dade County, Florida, and judgment on the award may be entered in any court of competent jurisdiction. You and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

14) International Use

We operate the Site from the United States. If you access it from other jurisdictions, you are responsible for compliance with local laws.

15) Severability; Waiver; Assignment; Entire Agreement

If any provision is found unenforceable, the remaining provisions remain in effect. No waiver is effective unless in writing. You may not assign these Terms without our prior written consent. These Terms (plus the Privacy Policy) are the entire agreement between you and us regarding the Site.

16) Contact

Questions about these Terms:

Email: hello@tocolux.com

Mail: Cutler Bay, FL 33189