Totera Website Terms of Use

Last Updated: September 3, 2026

Welcome to the website of Totera Incorporated dba Totera Web Systems ("Totera," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website located at https://www.totera.com and all associated web pages, portals, content, and digital features (collectively, the "Site").


By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please discontinue use of the Site immediately.


1. Scope & Relationship to Client Agreements

  • General Website Visitors: These Terms apply to all visitors, users, and prospective clients browsing the Site.
  • Client Service Agreements: If you engage Totera for web design, development, hosting, or digital marketing services, your commercial relationship with us is additionally governed by our Master Service Agreement, which can be reviewed at www.totera.com/legal. In the event of a direct conflict between these Website Terms of Use and a signed Service Agreement, the signed Service Agreement shall control.


2. Intellectual Property Rights

  • Site Ownership: All content on this Site—including text, graphics, logos, icons, button designs, software code, service descriptions, Tada CMS materials, and MyCityScene content—is the exclusive property of Totera or its content suppliers and is protected by United States and international copyright, trademark, and intellectual property laws.
  • Trademarks: "Totera," "Totera Web Systems," "Tada CMS," "MyCityScene," and associated logos are proprietary trademarks of Totera Incorporated. You may not use, copy, or display our trademarks without our prior written authorization.
  • Limited Permitted Use: You are granted a limited, non-exclusive, non-transferable, and revocable license to access and view the Site for personal or internal business evaluation purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, scrape, or commercially exploit any Site content without express written consent from Totera.


3. Acceptable Use & Prohibited Conduct

When accessing or using the Site, you agree not to:

  • Unauthorized Access: Attempt to gain unauthorized access to any portion of the Site, server networks, accounts, or computer systems connected to Totera through hacking, password mining, or any other means.
  • Automated Data Extraction: Use any robot, spider, scraper, data miner, or automated tool to access, extract, or monitor any portion of the Site.
  • Disruption: Introduce viruses, Trojan horses, worms, logic bombs, or other malicious code, or engage in denial-of-service (DoS) attacks that impair or disrupt the functionality of the Site.
  • Misrepresentation: Impersonate any person or entity, or misrepresent your affiliation with Totera or any third party.
  • Unlawful Activity: Use the Site for any purpose that is unlawful, fraudulent, or prohibited by these Terms.


4. Third-Party Links & External Services

The Site may contain hyperlinks to third-party websites, partner directories, or external client projects. These links are provided solely as a convenience to you. Totera does not monitor, control, or endorse third-party web content, privacy practices, or security policies. We accept no responsibility or liability for any loss, damage, or legal issues arising from your use of third-party websites.


5. Disclaimers & Accuracy of Information

  • "As Is" Basis: The Site and all information, materials, and services featured on it are provided on an "as is" and "as available" basis without representations or warranties of any kind, whether express, implied, or statutory.
  • Content Accuracy: While Totera strives to keep information on the Site current and accurate, we do not warrant that product descriptions, pricing, portfolio examples, or service details are complete, error-free, or up-to-date.
  • Service Availability: We do not guarantee uninterrupted, secure, or delay-free operation of the Site, and reserve the right to modify, suspend, or discontinue any aspect of the Site at any time without notice.


6. Limitation of Liability

To the fullest extent permitted by law, Totera, its directors, officers, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages—including lost profits, loss of data, business interruption, or system outages—arising out of or in connection with your access to, use of, or inability to use this Site.

In no event shall Totera's maximum cumulative financial liability arising from or related to your use of the Site exceed $500.00 USD or the total amount paid by you to Totera for site usage in the preceding six (6) months, whichever is lower.


7. Indemnification

You agree to defend, indemnify, and hold harmless Totera Incorporated, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, losses, costs, or expenses (including reasonable attorney fees) arising out of or relating to your violation of these Terms or your unauthorized use of the Site.


8. Privacy & Data Collection

Your submission of personal information through the Site is governed by our Privacy Policy. By using the Site, you consent to our collection, storage, and processing of your contact information in connection with responding to service inquiries and delivering requested communications.


9. Governing Law & Dispute Resolution

  • Governing Law: These Terms, your use of the Site, and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.
  • Exclusive Venue: Any legal action, lawsuit, or judicial proceeding relating to these Terms or the Site shall be brought exclusively in the State of Washington Superior Court for Jefferson County.
  • Legal Fees: In the event of litigation or formal proceedings relating to these Terms, the prevailing party shall be entitled to recover its reasonable legal fees, court costs, and disbursements.


10. Modifications to Terms

Totera reserves the right to revise, update, or modify these Terms at any time in its sole discretion. All changes are effective immediately upon posting to this page with an updated "Last Updated" date. Your continued use of the Site following the posting of revised Terms constitutes your binding acceptance of those changes.


Contact & Official Notice

If you have questions regarding these Website Terms of Use or require legal notice, please contact us at:

Totera Web Systems

Post Office Box 478

Port Townsend, WA 98368


Website: www.totera.com


Legal Terms Portal: www.totera.com/legal