Toque

1. Use of the App

You must be at least 18 years old to use the App. By using the App, you represent and warrant that you meet this requirement.

2. Account Registration

To access certain features of the App, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account information and for any activity that occurs under your account.

3. Booking and Payment

All bookings made through the App are subject to our acceptance. We reserve the right to refuse any booking at our sole discretion. You agree to provide current, complete, and accurate purchase and account information for all bookings made through the App. Payments are processed through third-party payment processors, and you agree to their terms and conditions.

4. User Conduct

You agree not to use the App for any unlawful or prohibited purpose. You agree not to:

• Violate any applicable laws or regulations.
• Infringe on the rights of any third party, including intellectual property rights and privacy rights.
• Post or transmit any harmful, offensive, or inappropriate content.
• Interfere with or disrupt the operation of the App or servers or networks connected to the App.
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App.

5. Intellectual Property

All content on the App, including text, graphics, logos, images, and software, is the property of Toque or its content suppliers and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content on the App without our prior written permission.

6. Disclaimer of Warranties

The App is provided on an "as-is" and "as-available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, or materials included on the App. You expressly agree that your use of the App is at your sole risk.

7. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any damages of any kind arising from the use of the App, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless Toque, its affiliates, and their respective officers, directors, employees, agents, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the App or any violation of these Terms.

9. Termination

We may terminate or suspend your account and access to the App, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Colorado for the resolution of any disputes arising out of or relating to these Terms or the App.

11. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by updating the date at the top of these Terms and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review these Terms periodically to stay informed about our terms and conditions.

12. Contact Us

If you have any questions or concerns about these Terms or our practices, please contact us at:

• Toque
• 18695 Pony Express Dr, Parker, CO 80134, Unit 1689
• Email: contact@toqueco.com

13. Independent Contractor Relationship

Nothing in these Terms is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Toque and any user. You are solely responsible for determining which services you will choose to offer and how, when, and where you will provide the services under these Terms. You acknowledge that you are an independent contractor and not an employee of Toque.

14. Confidentiality

From time to time, you may be given access to confidential information in the course of performing engagements through Toque. You agree to hold all confidential information in strict trust and confidence and not to use or disclose such information without Toque’s express prior written consent.

15. Representations and Warranties

You represent, warrant, and covenant that you have full right, power, and authority to enter into and perform under these Terms without the consent of any third party. You will comply with all applicable laws, rules, and regulations in connection with your performance of services under these Terms.

16. Taxes

You are solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from the payment you receive under these Terms. You agree to indemnify Toque for the cost of any tax liabilities incurred by Toque as a result of your failure to pay all applicable taxes in a timely manner.

17. Arbitration Agreement

The Company and you mutually agree to resolve any disputes between them exclusively through final and binding arbitration instead of filing a lawsuit in court. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Any arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules.

18. Class Action Waiver

Both parties waive their right to have any dispute or claim brought, heard, or arbitrated as a class action or collective action. Any claim that all or part of this Class Action Waiver is unenforceable may be determined only by a court of competent jurisdiction and not by an arbitrator.

19. Modifications to the App

Toque reserves the right at any time to modify or discontinue, temporarily or permanently, the App or the Service (or any part thereof) with or without notice. You agree that Toque shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or the Service.

20. Miscellaneous

These Terms constitute the entire agreement between you and Toque regarding the use of the App and supersede any prior agreements between you and Toque. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nonetheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.