TERMS OF SERVICE
The Potty Company Terms of Service
Last updated on July 18, 2023.
These Terms of Service (“Terms”) are a legal agreement between you and The Potty Company (“Company,” “we,” “us,” “our”) that governs your access to and use of https://thepottycompany.com/ (the “Site”), and the The Potty Company services specified in these Terms or where applicable in Service Specific Terms, including all media, document, updates, and support services associated with the Site and the The Potty Company services (all collectively, the “Service”). References to “you” and “your” mean any person or legal entity that accesses or uses, or on whose behalf you are accessing or using, the Service, including those who visit or make a purchase on the Site. Your access to and use of the Service is conditioned on your acceptance of these Terms and our Privacy Policy, and any additional terms that may be provided or presented to you when you use the Service, which are incorporated into these Terms by this reference. By making a purchase through the Service, registering for an account, or otherwise accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you should not access or use the Service.
Restrictions on Use
Your use of this website is restricted by these terms of use. The transmission of any material or data to this website which is harmful, contains corrupt computer code, contains a virus, or is otherwise malicious or harmful to The Potty Company, or attempts to corrupt the material, images, or files of this website is strictly prohibited. The Potty Company makes no representation or warranty that any material, images, or files obtained from or through this website are free from computer viruses or other faults or defects. You agree to use this website at your own risk.
You agree that you shall not use the Sites: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Sites; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Sites, other websites, or the Internet. We reserve the right to terminate your use of our Sites for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Sites for illegal purposes.
Ownership of Copyrights, Trademarks and Other Intellectual Property
All materials provided on the Site are protected by copyright and trademark laws, and various other intellectual property rights laws. You acknowledge all rights are reserved by The Potty Company and its licensors, unless otherwise expressly indicated. You also agree not to copy, reproduce, download, disseminate, publish, or transfer content in any form or by any means, except with our prior written permission, or as permitted by us in a separate written agreement.
The Potty Company is registered trademarks, trademarks or service marks of The Potty Company. All other trademarks or service marks are property of their respective owners. References on our Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by us. Moreover, such third parties do not endorse, sponsor, and are not affiliated with us.
Submitting or Posting Content
You and other users may have the opportunity(s) to submit, post, display, transmit and/or exchange content including ideas, opinions, photographs, images, video, creative works or other information on the site (“Post”, :”Posting” or “Postings”). By Posting, you are giving us royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Posts (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Post; and the right to sublicense any or all of these rights. You acknowledge that we own all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Post. Please remember that you are ultimately responsible for all of your Postings and you warrant and represent that: (i) the Post does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary, releases, copyright and other related rights to the Post, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Post, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Post, including, without limit, any photograph you may provide, and your Posts will not be returned to you, and will not be treated as confidential information.
Postings do not reflect the views of The Potty Company or its affiliates. We do not have any obligation to monitor, edit, or review any Postings on the Sites. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Sites. At its sole discretion, The Potty Company reserves the right to remove any Posting from the Sites.
No Endorsement of Third Party Sites
The Sites may contain links to or references to third party websites, resources and advertisers (collectively, “Third Party Sites”). Your linking to such Third Party Sites is at your own risk. Under no circumstances shall The Potty Company be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. The Potty Company also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster.
Disclaimer of Warranties
The services, the content and the information on this web site are provided on an “as is” basis. The Potty Company to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. The Potty Company, it’s affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the The Potty Company web site or systems. No information obtained via the The Potty Company web site shall create any warranty not expressly stated by USS in these terms and conditions.
Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, these provisions do not affect your statutory rights that cannot be waived, if any. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.
Indemnification
You agree to indemnify, defend and hold The Potty Company and its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties,” or individually, “Indemnified Party”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of this Terms of Use. The Potty Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with The Potty Company’s defense of such claim. The Potty Company and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, this Terms of Use or the Sites.
Registration and Customer Account
Certain services offered or that may be offered in the future through the Site may require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify The Potty Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by The Potty Company or any other user of the Site due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information by selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that The Potty Company may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that The Potty Company will not be liable to you or to any third party for termination of your access to the Site.
The Potty Company reserves the right to investigate complaints or reported violations of these Terms of Use, applicable licenses and/or copyright information on the Site, and to take any action they deem appropriate, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.
