Toyauto Mart (hereinafter "TAM"), provides this website solely for the purpose of providing information about TAM and the products (as herein defined) we offer.
Except as otherwise set forth herein or agreed to between you and TAM, these terms and conditions (the "Terms and Conditions") govern your use of the toyautomartca.com website, (the "Site") and any products purchased from TAM using the Site (the "Products"). By accessing and using the Site, you acknowledge you have read, understand and unconditionally agree to follow and be bound by these Terms and Conditions, and your continued use of the Site is contingent upon such agreement.
TAM reserves the right, at any time, to revise these Terms and Conditions without prior notice by updating this posting. Your continued use of the Site following any posting of changes to these Terms and Conditions signifies that you agree to be bound by any revisions we may make.
Although these Terms and Conditions have been prepared with the intent to provide reliable information, no warranty (express or implied) is made as to their accuracy or completeness and TAM assumes no liability for loss or damage resulting from reliance on these Terms and Conditions.
The Site, including without limitation all products, information, content, and services made available on or through the Site, is provided "as is." TAM and its affiliates, employees and agents make no representations or warranties of any kind or nature whatsoever regarding the content or services of the Site. TAM and its affiliates, employees and agents disclaim any and all express or implied conditions, representations, and warranties, including but not limited to warranties related to any course of dealing, usage, or trade practice and any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
TAM does not represent or warrant that your access to the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site and materials accessible to you are free of viruses or other harmful components.
This Site is intended for use by individuals 13 years of age or older. Individuals under the age of 13 must have the assistance and permission of a parent or guardian to use the Site.
All materials (collectively, the "Content") included on the Site are the property of TAM, its affiliates or content providers of TAM, and are protected by copyright and trademark law. The Content is intended solely for your own personal, non-commercial use. You may download or copy the Content for your personal use. However, the act of downloading or copying any of the Content shall not transfer to you any right, title, or interest in the Content. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Content without the prior written consent of TAM. You are prohibited from modifying, transmitting, distributing, reusing, reverse engineering, reposting, or "framing," the Content without the express written permission from an authorized representative of TAM.
TAM claims no proprietary rights to, or affiliation with, any third-party trademarks, logo references, or product images appearing on the Site. Such marks and images are used solely to designate certain products or services as belonging to their respective owners.
The Content published to the Site is subject to change without notice. While TAM strives to provide up-to-date and accurate content and information on the Site, it is your sole responsibility to confirm the accuracy, completeness, or reliability of the Content. TAM does not warrant or make any representation regarding the use of the Content or its accuracy or reliability.
You are solely responsible for maintaining the confidentiality of your User Information. You are also solely responsible for any and all activities that occur under your Account or your User Information. You must notify us immediately of any suspected or actual unauthorized use of your Account or your User Information.
We reserve the right to terminate your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, we will permanently terminate your Account and remove your User Information from this Site if you have been found to violate TAM Online's copyrights, or those of any other copyright holder; if we believe that you may be under 13 years of age; or if you violate these Terms and Conditions. If your Account, or your registration(s) with or ability to access this Site, or any other service provided to you by this Site is discontinued by us on any of the foregoing bases, you agree that you shall not attempt to re-register with or access this Site or any other service provided by this Site, through use of a different username or registration information.
TAM may provide links to other websites not associated with TAM. TAM has not reviewed, nor shall it be responsible for linked websites or any of their content, and TAM makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, TAM cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by websites linked to from the Site.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing;" (d) sending unsolicited email, including promotions and/or advertisements of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security will result in the user being denied access to the Site and may result in civil or criminal liability. TAM will use commercially reasonable efforts to investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Site users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, intelligent agents, or similar devices) to search or navigate the Site other than the search engine and search agents available from TAM on the Site and other than generally available third-party web browsers.
Any passwords used for the Site are only intended for individual use. You are prohibited from sharing or otherwise providing the right to use your password with any other person. You are responsible for the security of any password. TAM may, in its sole discretion, monitor the use of any password and may require you to change your password at any time.
TAM uses electronic images in reference to certain products we make available for sale through the Site. TAM does not warrant that any particular product image on display fully and completely represents the exact appearance and makeup of that associated product. Product images may represent different iterations of available products, which may differ in terms of exact appearance, available features, design, or configuration. Products' particular colorings may differ slightly from their appearance in product images displayed on the Site. TAM reserves the right to display "boilerplate," generic, or otherwise representational images in reference to available products.
Prices for all Products are displayed in United States dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. You are responsible for the payment of any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Products, you agree to pay, using a valid credit card (or other form of payment that TAM accepts), the applicable fees and taxes (if any) set forth in the offer you accepted. TAM reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees.
TAM reserves the right, in its sole discretion, to refuse or cancel any order for any reason. TAM may also require additional verification or information before accepting any order. All authorized charges will be billed to your designated credit card account (or other payment method), on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to TAM for any reason, TAM reserves the right to either suspend or terminate your access to the Site and/or the unpaid-for Products.
It is your responsibility to ensure that sufficient funds are available to cover the charges for the Products. TAM has no liability for any overdraft or other fees that you may incur as a result of TAM processing your payment. TAM will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, TAM will issue a credit to you in the amount of the charge.
Automotive parts, equipment, and accessories require careful and proper use, installation, inspection, and maintenance for proper performance. TAM is not responsible and will not be held liable for any harm or damages you may incur as the result of improper, illegal, unsafe, or otherwise incorrect use, installation, inspection, or fitment of any product you purchase from the Site.
TAM and its affiliates will not be liable for any direct, indirect, incidental, punitive, consequential, or any other damages whatsoever that result from the use or performance of, or the inability to use, the Site, the Products, or information, or functions on such Site, even if TAM has been advised of the possibility of such damages. In no event will TAM and its affiliates' total liability to you for all damages, losses, and causes of action, whether arising out of contract, tort, or otherwise, exceed the amount paid by you, if any, for accessing the Site or purchasing the Products.
TAM may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement, in addition to any other legal or equitable remedies for misuse. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and TAM shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
These Terms and Conditions embody the entire agreement and understanding between the parties and supersedes all prior agreements and understandings relating to the subject matter hereof.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforce-ability of any remaining provision.
Any provision of these Terms and Conditions shall be or become invalid or unenforceable, such invalidity or unenforceable shall not invalidate or render unenforceable the remaining provisions of these Terms and Conditions. Instead, this entire Agreement shall be construed as though not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties shall be construed and enforced accordingly.
You agree to defend, indemnify, and hold harmless TAM and its affiliates, employees and agents from and against any and all claims, damages, costs, and expenses, including without limitation, attorneys' fees, arising from or related to your use of the Site or the Products.
The remedy of TAM at law for any actual or threatened breach of these Terms and Conditions would be inadequate and thus, TAM will be entitled to specific performance or injunctive relief, or both, in addition to any damages that TAM is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of TAM shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, attorneys' fees, and expenses. No waiver by TAM of its rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future, or other waiver.
By visiting the Site, you agree that the laws of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and that any dispute of any sort that might arise between you and TAM. The venue of any arbitration between you and TAM arising out of conflict pertaining to these Terms and Conditions shall be the State of California, County of Sacramento.