TERMS OF USE
TOCO WARRANTY CORP (TOCO WARRANTY, TOCO ADMINISTRATIVE SERVICES, TOCO WARRANTY US) WEBSITE (SITE) TERMS OF USE. THIS DOCUMENT SETS FORTH THE TERMS OF USE (“TERMS OF USE”) FOR TOCO WARRANTY CORP (TOCO WARRANTY) (“TOCO WARRANTY”, “COMPANY”, “WE” OR “OUR”) WEBSITE WWW.TOCO WARRANTY.COM (“SITE”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE BINDING ARBITRATION PROVISIONS IN SECTION 15, AND YOU ACKNOWLEDGE THAT YOU ARE A LEGAL ADULT AGE 18 OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR IF YOU ARE NOT A LEGAL ADULT AGE 18 OR OLDER, DO NOT USE THE SITE IN ANY MANNER
1. Description of Site Changes
“Site” encompasses this website, including all of its content and policies, and any modifications, updates, enhancements, revisions, new features and/or the addition of any new web properties. TOCO WARRANTY reserves the right to change the Site, including these Terms of Use, at any time at its sole discretion and without prior notice. All Terms of Use changes will be posted on the Site and are effective immediately. Consequently, TOCO WARRANTY recommends that you visit and review these Terms of Use frequently. The last date on which these Terms of Use has been updated in noted below. Use of this site or purchase of a Vehicle Service Contract may only be performed by those who are of legal adult age 18 or older.
2. Services Offered
2.1. Description.TOCO WARRANTY provides, among other things described on the Site, Vehicle Service Contracts, Service Contract Administration, and various other service contract related products and/or services. Some of these services are provided by TOCO WARRANTY, while others are provided by unrelated third parties (“Third Parties”). TOCO WARRANTY does not charge any fees for your access to the Site; however, TOCO WARRANTY and the Third Parties may charge fees for your use of certain of TOCO WARRANTY’S or the Third Parties’ products and/or services that may be made available to you through the Site. Your purchase of any such products and/or services shall be subject to a separate agreement between you and TOCO WARRANTY or between you and a Third Party (each, a “Separate Agreement”). Notwithstanding anything to the contrary contained herein, if you are a party to a Separate Agreement with TOCO WARRANTY or any Third Party, in the event of a conflict between any of the terms and/or provisions of these Terms of Use and any Separate Agreement, the terms and provisions of the Separate Agreement shall control. Furthermore, TOCO WARRANTY is not a party to any Separate Agreement that you may enter into with a Third Party. TOCO WARRANTY is not responsible for promises made by Third Parties, nor is TOCO WARRANTY required to honor promises made by Third Parties.
2.2. Not Recommendations. Any listing of Third Parties on the Site, and/or your ability to “click through” to another website from the Site, and/or the forwarding of any self-reported information that you provide to the Site to a Third Party, does not constitute a referral or recommendation by TOCO WARRANTY. You may choose to use or not to use the information contained on the Site and/or the products and/or services provided by the Site and/or any Third Party. TOCO WARRANTY does not recommend, advise, or prefer that you use any Third Party. Any Third Party that contacts you is solely responsible for its products and/or services to you, and you agree that TOCO WARRANTY shall not be liable for any damages or costs of any type arising out of or in any way connected with your use or purchase of any Third Party’s products and/services or any act or failure to act of any Third Party. Furthermore, TOCO WARRANTY does not guarantee that the terms or rates offered and/or made available to you by TOCO WARRANTY or any Third Party will be the best or lowest terms or rates available in the market. TOCO WARRANTY does not guarantee promises of service made by Third Parties outside of those specifically listed in documents or materials supplied by TOCO WARRANTY; this may include, but is not limited to, Service Contract Addendums, modifications to the Terms and Conditions, modifications made to marketing material, emails, texts, or any form of written or verbal communications unless specifically provided by TOCO WARRANTY.
2.3. Information Forwarding. While using the Site, you may elect to enter certain self-reported information, including personal information. You agree to provide TOCO WARRANTY with correct information, and to promptly provide TOCO WARRANTY with updates to such information as may be necessary or appropriate. You authorize TOCO WARRANTY to forward your self-reported information to one or more Third Parties and to one or more call centers (as further described in Section 2.4 below). You also authorize TOCO WARRANTY to use your self-reported information in the manner described in TOCO WARRANTY’s Privacy Policy. You understand and agree that any Third Party that receives your self-reported information may keep and use that information, whether or not you complete a transaction with the Third Party.
2.4. Manner of Contacting You. By providing self-reported information on the Site, you agree that TOCO WARRANTY or a Third Party may contact you by digital and/or physical marketing material such as (but not limited to): telephone, email, text, social media, mailing, or any other form of digital or physical marketing material. You further agree that, prior to being contacted by TOCO WARRANTY or a Third Party, you may be contacted by telephone by a call center that may, among other things, verify your self-reported information and confirm your interest in speaking with TOCO WARRANTY or a Third Party. By providing your self-reported information on the Site: YOU ARE PROVIDING YOUR EXPRESS CONSENT TO RECEIVE TELEPHONE CALLS, TEXT MESSAGES, EMAILS, OR ANY OTHER FORM OF DIGITAL OR PHYSICAL MARKETING FROM THE CALL CENTERS, TOCO WARRANTY, AND THE THIRD PARTIES FOR THE PURPOSES DESCRIBED HEREIN. DO NOT SUBMIT YOUR SELF-REPORTED INFORMATION IF YOU DO NOT CONSENT TO BEING CONTACTED BY A CALL CENTER, TOCO WARRANTY AND/OR BY ONE OR MORE THIRD PARTIES.
2.5. Site Not an Offer. Nothing in the Site constitutes an offer, promise or otherwise, either to make a specific service or product available to you or that any Third Party will make any service or product available to you. Please be aware that certain services or products may only be provided to residents of states where TOCO WARRANTY or a Third Party is licensed and/or authorized to make such services or product available. By acquiring your information through the Site, TOCO WARRANTY and the Third Parties are not attempting to sell services and/or products outside their authorized states or country.
3. Site Ownership
The Site, including all text, logos or graphic images appearing therein, is protected by copyright, trademark, patent, trade secret and other laws. The Site and all Site content is the property of TOCO WARRANTY and/or Third-Party licensors and all right, title and interest in the Site shall remain with such persons. You may not download and/or save a copy of any of the Site screens for any purpose; provided, however, you may print a copy of the information on the Site for your personal records. Nothing in these Terms of Use transfers any rights to you or any other person or entity except as expressly set forth herein. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, and you may be subject to penalties and/or damages.
4. Hyperlinks
4.1. Not Endorsements. A link from the Site to a non-TOCO WARRANTY website does not mean that TOCO WARRANTY endorses or accepts any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. TOCO WARRANTY expressly disclaims any liability related to such sites.
4.2. Unauthorized Links. TOCO WARRANTY prohibits unauthorized hypertext links to the Site or the framing of any content available through the Site. TOCO WARRANTY reserves the right to disable any unauthorized links or frames.
5. Site Use Restrictions
The Site is for your personal use only. You will not (i) post on or transmit to the Site any false, defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law; (ii) modify, distribute, transmit, perform, mirror, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Site; (iii) except as expressly permitted herein, copy, display or reproduce any information obtained from the Site; or (iv) use the Site in any manner that violates any applicable laws, regulations, orders or other restrictions.
7. Use Monitoring
TOCO WARRANTY is not obligated to monitor your or any other user’s use of the Site; such responsibility rests solely with you. TOCO WARRANTY reserves the right to monitor your use of the Site and to restrict or terminate your use of the Site or modify or remove any information found on the Site for any reason or no reason in TOCO WARRANTY’s sole judgment
8. Termination; Violation of Terms of Use
TOCO WARRANTY reserves the right to terminate at any time, at its sole discretion, the Site, your use of the Site, and/or your use of TOCO WARRANTY’s services, including without limitation for violation of these Terms of Use. Additionally, TOCO WARRANTY reserves the right to seek all remedies available for violation of these Terms of Use, including the right to block access from a particular Internet address to the Site.
9. Password
In using the Site, you may be assigned a password. You are responsible for maintaining the security of your password. TOCO WARRANTY is not liable for any loss that you may suffer through the use of your password by others. You shall notify TOCO WARRANTY immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Site.
10. Feedback
To the extent permitted by applicable law, by sending any comments or materials (collectively “Feedback”) to TOCO WARRANTY, including without limitation questions, submissions, suggestions, ideas, postings, comments or the like, or posting Feedback to the Site, you grant TOCO WARRANTY a perpetual, non-revocable, transferable, unrestricted, non-exclusive, absolute, royalty-free, worldwide license to use the Feedback in any format or media now or hereafter known. TOCO WARRANTY shall have no obligation of any kind with respect to such Feedback and shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, create derivative works, distribute the Feedback to others and otherwise exploit the Feedback without limitation, in whole or in part, alone or in conjunction with other materials, as well as the right to attempt to do so or permit others to do so or attempt to do so, all without attribution. Further, TOCO WARRANTY shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and/or services incorporating any Feedback.
11. Notices and Procedure for Making Claims of Copyright Infringement
TOCO WARRANTY will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Written notification of claimed copyright infringement should be submitted to TOCO WARRANTY’s designated agent using the following contact information: Legal Department, 720 North Post Oak Road Suite 500, Houston, Texas 77024; or emailed to info@tocowarranty.com
12. Representation and Warranty Disclaimer
THE SITE AND ALL INFORMATION ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH TOCO WARRANTY, WHICH YOU MAY VISIT THROUGH THE SITE, IS PROVIDED “AS IS” BY TOCO WARRANTY AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT ALL PRODUCTS AND SERVICES OFFERED BY TOCO WARRANTY OR THIRD PARTIES WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY TOCO WARRANTY TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW OR LIMITS THE EXCLUSION OF WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
TOCO WARRANTY, ITS STOCKHOLDERS, MEMBERS, PARTNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS AND CONTENT AND SERVICE PROVIDERS (INDIVIDUALLY, A “TOCO WARRANTY INDEMNIFIED PARTY” AND COLLECTIVELY, THE “TOCO WARRANTY INDEMNIFIED PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNATIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER UNDER THESE TERMS OF USE; AS A RESULT OF THE USE OF THE SITE AND/OR THE SERVICES AND/OR PRODUCTS THAT MAY BE PROVIDED TO YOU BY TOCO WARRANTY OR A THIRD PARTY IN CONNECTION WITH THE SITE, UNDER STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY SUCH LOSSES ARISING OUT OF THE UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, EVEN IF A TOCO WARRANTY INDEMNIFIED PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR WAS NEGLIGENT. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE. IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY, LIABILITY HEREUNDER IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW
14. Indemnification
To the extent permitted by applicable law, you will indemnify, defend and hold harmless each TOCO WARRANTY Indemnified Party from and against (and will pay upon demand each such TOCO WARRANTY Indemnified Party the amount of) any and all claims, losses, liabilities, suits, costs (including costs of investigation and defense), damages and expenses (including attorneys’ fees) made, suffered or incurred by any such TOCO WARRANTY Indemnified Party that results from, arises out of, relates to or is caused by any breach by you of any covenant, representation or warranty contained in these Terms of Use and/or your use of the Site. In connection with any suit, action or proceeding that may give rise to an obligation of you to indemnify a TOCO WARRANTY Indemnified Party as set forth above, TOCO WARRANTY shall have the exclusive right, at its option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to TOCO WARRANTY or any other party to be indemnified pursuant to this section.
15. California Waiver
If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
16. Viewing Outside the United States
TOCO WARRANTY makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
17. Miscellaneous
17.1. Severability. Except as otherwise expressly provided by these Terms of Use, if any provision of these Terms of Use shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any provision of these Terms of Use is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
17.2. Waiver of Contractual Right. The failure of TOCO WARRANTY to enforce any provision of these Terms of Use shall not be construed as a waiver or limitation of TOCO WARRANTY’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Use
17.3. Parties in Interest. These Terms of Use shall be binding upon, inure to the benefit of, and be enforceable by the parties to these Terms of Use and their respective successors, heirs, legatees, personal representatives and permitted assigns. No assignment, delegation or other conveyance of these Terms of Use or of any rights or obligations hereunder may be made by you (by operation of law or otherwise) without the prior written consent of TOCO WARRANTY. TOCO WARRANTY may assign its rights and obligations under these Terms of Use to any other party.
17.4. Headings. The headings and other captions in these Terms of Use are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms of Use. Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the context may require.
17.5. Entire Agreement. Subject to the terms of any Separate Agreement, these Terms of Use constitutes the entire agreement between you and TOCO WARRANTY and they supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and TOCO WARRANTY with respect to the Site, the use of the Site and/or the services and/or products that may be provided by or through or in connection with the Site. Notwithstanding anything to the contrary contained herein, if you are a party to a Separate Agreement with TOCO WARRANTY or any Third Party, in the event of a conflict between any of the terms and/or provisions of these Terms of Use and any Separate Agreement, the terms and provisions of the Separate Agreement shall control.
17.6. Printed Terms of Use Admissible. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in any proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
18. TOCO WARRANTY Contact Information
If you have any questions or comments regarding these Terms of Use or the Site, please email us at info@tocowarranty.com.
Last Updated on 9/22/2021
PLEASE RETAIN A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.
