Terms Of Use
Terms and Conditions
This Terms of Service ("Agreement") governs your use of this website (the "Website") owned and operated by Toyota of Madisonville. By using the Website, you confirm that you accept the Agreement and agree to comply with its terms and conditions (including all future changes), whether or not you are a registered user. If you do not agree to this Agreement, you should not use the Website. Your continued use of the Website now or following the posting of any changes will indicate your acceptance of such changes.
Access to Website and Errors
We do not guarantee that the Website or any content on it will always be available or uninterrupted. Access is permitted on a temporary basis, and we may suspend, withdraw, discontinue, or change all or any part of the Website without notice. We will not be liable if the Website is unavailable at any time or for any period. Our services are not intended for persons under the age of eighteen. By using the Website, you represent that you are at least sixteen years old. Persons at least sixteen but under eighteen may only use the Website with legal parental or guardian consent. To protect the integrity of the Website, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses.
Access to Third-Party Content and Websites
We may provide third-party content on the Website or links to third-party websites as a convenience. We do not endorse, warrant, or assume responsibility for any third-party content or websites. Your access and use of such content or websites is solely at your own risk.
Viruses, Malware and Security
We exercise reasonable care to keep the Website secure and free from viruses and malware. You are responsible for configuring your technology to access the Website safely and should use your own virus protection software. You must not misuse the Website by introducing viruses, trojans, worms, logic bombs, or other malicious or harmful material, or attempt to gain unauthorized access to the Website, its servers, or connected databases.
Intellectual Property Rights
Toyota of Madisonville retains all proprietary rights in the Website except where otherwise noted. All logos, text, images, user interfaces, video, artwork, and code (including HTML, JavaScript, etc.) are owned or licensed by us and protected by intellectual property and copyright laws. Except as expressly permitted, no part of the Website may be copied, reproduced, republished, posted, or duplicated for commercial purposes without our prior written consent.
Indemnification
You agree to indemnify, defend, and hold harmless Toyota of Madisonville, its affiliates, officers, directors, employees, agents, and representatives from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your use of the Website, violation of this Agreement, or infringement of any third-party rights.
Disclaimer of Warranty and Limitation of Liability
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.
IN NO EVENT SHALL TOYOTA OF MADISONVILLE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US IN THE PAST TWELVE MONTHS FOR ACCESS TO THE WEBSITE.
Governing Law; Arbitration; Class Action Waiver
This Agreement is governed by the laws of the State of Tennessee, without regard to conflict of law principles.
Any dispute arising from this Agreement shall be resolved by binding arbitration in Monroe County, Tennessee, under the rules of a mutually agreed arbitration provider. You agree to individual arbitration only — no class actions. The arbitrator’s decision is final and enforceable in any court of competent jurisdiction. Each party waives the right to a jury trial.
Any claim must be filed within one (1) year after it arises or be forever barred.
Waiver and Severability
Failure to enforce any provision of this Agreement does not waive that provision. If any part of this Agreement is found invalid, the remainder remains in full effect.
Complete Agreement
This Agreement, along with our Privacy Policy and any additional terms referenced herein, constitutes the entire agreement between you and Toyota of Madisonville regarding the Website.
Contact us at Toyota of Madisonville with any questions regarding these terms.
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