RULES OF ENGAGEMENT:
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Be kind and courteous, you’re part of the Toigo family. Other members are your peers with potential to be future colleagues or business partners.
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Act with good intention. If you have to ask yourself whether you should be posting something, the likely answer is no.
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Keep your log in credentials private—they’re yours (and yours alone).
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Be supportive of each other’s endeavors, you never know what can spark the next big thing.
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Respect each other despite differences you may have with another member. Respect your diversity: in backgrounds, perspectives, education and experiences.
WHAT NOT TO DO
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Spam. Don’t blast broadly. Use the SHARE filters to target requests, etc.
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Copying another person’s post without their permission.
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Sharing confidential information, including another’s phone number, address, email address, without permission etc.
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Providing financial advice or seeking financial advice.
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Overt and heated political statements, as well as religious-focused posts.
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Defamation of anyone’s character.
REASONS FOR HAVING YOUR MARKETPLACE PRIVILEGES REVOKED
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Defamation. Discrimination against another person based on their race, ethnicity, age, gender, gender identity or expression, physical ability, sexual orientation, or culture is not tolerated under ANY circumstance.
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Copyright infringement. It’s stated in the Terms of Use.
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Sharing your credentials with non-Toigo Marketplace members for log-in and platform use.
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Continued violation of the rules of engagement and/or what not to do items, as noted above.
CONDITIONS OF USE
Your use of the Toigo Marketplace constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the "Member") do not agree to them, do not use the Toigo Marketplace, provide any materials to the Toigo Marketplace or download any materials from it.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Toigo Marketplace following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Toigo Marketplace.
These Terms and Conditions of Use apply to the use of the Toigo Marketplace and do not extend to any linked third-party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and the Toigo Foundation with respect to the Toigo Marketplace. Any rights not expressly granted herein are reserved.
Permitted and Prohibited Uses
You may use the Toigo Marketplace for the sole purpose of sharing and exchanging ideas with other Members. You may not use the Toigo Marketplace to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
You are expressly prohibited from compiling and using other Members' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Toigo Marketplace, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Members unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Members' personal information to third-party parties for marketing purposes. The Toigo Foundation shall deem the compiling of marketing and mailing lists using Members' personal information, the sending of unsolicited marketing materials to Members, or the distribution of Members' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Toigo Foundation reserve the right to terminate or suspend your access to and use of the Toigo Marketplace and to suspend or revoke your membership in the consortium without refund of any membership dues paid.
You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Toigo Marketplace any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Toigo Marketplace's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Toigo Marketplace.
You are strictly prohibited from communicating on or through the Toigo Marketplace any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
The Toigo Foundation notes that unauthorized use of Members' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Toigo Foundation reserve the right to report the abuse of Members' personal information to the appropriate law enforcement and government authorities, and the Toigo Foundation will fully cooperate with any authorities investigating violations of these laws.
Member Submissions
The Toigo Foundation does not want to receive confidential or proprietary information from you through the Toigo Marketplace. Any material, information, or other communication you transmit or post ("Contributions") to the Toigo Marketplace will be considered non-confidential.
If you work for a company or at a University, it's likely that you're not the copyright holder of anything you make, even in your free time. Before making contributions to this site, get written permission from your employer.
User Discussion Lists and Forums
The Toigo Foundation may, but is not obligated to, monitor or review any areas on the Toigo Marketplace where Members transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Toigo Foundation, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
The Toigo Foundation reserves the right to edit or remove content on the Toigo Marketplace at their discretion at any time.
Use of Personally Identifiable Information
Information submitted to the Toigo Marketplace is governed according to the Toigo Foundation’s current Privacy Policy and the stated license of this website.
You agree to provide true, accurate, current, and complete information when registering with the Toigo Marketplace. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Toigo Marketplace.
If you create an account on the Toigo Marketplace, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Toigo Marketplace using your account or User ID. You grant the Toigo Foundation and all other persons or entities involved in the operation of the Toigo Marketplace the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Toigo Marketplace and in the provision of services to you. The Toigo Foundation cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using website. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.
Indemnification
You agree to defend, indemnify and hold harmless the Toigo Foundation, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Toigo Marketplace, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
Termination
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Toigo Marketplace. If you are dissatisfied with the Toigo Marketplace, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Toigo Marketplace. The Toigo Foundation reserve the right to terminate or suspend your access to and use of the Toigo Marketplace, or parts of the Toigo Marketplace, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Toigo Foundation have reason to believe that you are in violation of these Terms and Conditions of Use.
WARRANTY DISCLAIMER
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE TOIGO FOUNDATION DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE TOIGO FOUNDATION MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE Toigo FOUNDATION MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE TOIGO FOUNDATION MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
IN NO EVENT SHALL THE TOIGO FOUNDATION OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE TOIGO FOUNDATION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE Toigo FOUNDATION SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Toigo FOUNDATION OR THROUGH THE Toigo FOUNDATION, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF The Toigo MARKETPLACE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE TOIGO FOUNDATION OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE The Toigo MARKETPLACE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE Toigo FOUNDATION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOIGO FOUNDATION'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE Toigo FOUNDATION WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
General
The Toigo Marketplace is hosted in the United States. The Toigo Foundation make no claims that the Content on the Toigo Marketplace is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Toigo Marketplace from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Toigo Foundation to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Toigo Foundation' rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User's use of the Toigo Marketplace must be brought in the courts of Belgium, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Toigo Marketplace must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Links to Other Materials
The Toigo Marketplace may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Toigo Foundation offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Toigo Foundation reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Toigo Marketplace. If you decide to access any of the third party sites linked to by the Toigo Marketplace, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Toigo Foundation cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
