Terms & Conditions
HEADQUARTER TOYOTA
TERMS & CONDITIONS
APPLICABILITY
Except as indicated below, these terms and conditions apply to all websites, microsites, mobile websites, and mobile applications owned, operated, and maintained by or for Bella Automotive Group, Ltd. (“Bella Automotive”), its United States subsidiaries and affiliates, and its brands such as Headquarter Toyota (“Headquarter Toyota”, “us”, or “we") including (1) https://www.headquartertoyota.com/ and other websites which are owned or operated by Headquarter Toyota; (2) any and all mobile applications that allow you to use our Site or our Services; and (3) any and all social media accounts and/or pages that we control. Headquarter Toyota websites, applications, and social media accounts are collectively referred to in these terms and conditions as the “Site” or “Services”.
GENERAL PROVISIONS
THESE TERMS AND CONDITIONS TOGETHER WITH OUR PRIVACY POLICY, ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (COLLECTIVELY “TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.
These Terms are binding on all individuals and entities who access, visit, and use the Site (collectively, “you” and “your”). By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.
If you disagree with these Terms, or if you violate, breach, fail to follow, or act inconsistently with these Terms or any other terms and conditions that apply to the Site, then your access to and use of the Site is unauthorized, and Headquarter Toyota reserves the right to terminate, suspend, and/or restrict your ability to access, visit and/or use the Site and to refuse to honour any of our purported obligations under these Terms, with or without notice. In addition, we may restrict or refuse to provide you with future access, visitation, and/or use of the Site. We reserve the right, in addition to other remedies, to take any technical, legal or other actions we deem necessary, with or without notice, to prevent violations and to enforce these Terms. As part of this, we reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving the Site.
We may, in our sole discretion, modify these Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site, including but not limited to automobile colours, specifications, accessories, models, materials or other product or service features. By entering this Site, or continuing your relationship with us after such revisions, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.
The images provided on the Site are provided by ChromeData®, vehicle manufacturer, and any other third party service providers and are shown for illustration purposes only and may not reflect the final product or accessories packages that may be available or offered to you. It is the User’s responsibility to obtain images of the products and specifications and to verify the accuracy thereof.
JURISDICTION AND GOVERNING LAW
The Site is controlled and operated by Headquarter Toyota from the State of Florida, United States of America, and is not intended to subject Headquarter Toyota to the laws or jurisdiction of any state, country, or territory other than the United States. Headquarter Toyota makes no representations that the information and materials contained within this Site are appropriate or available for locations outside the United States. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time in our sole discretion.
By entering this Site, you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only by users eighteen (18) years of age or older, who have the capacity to enter into a valid contract, and will only be governed according to the laws of the State of Florida, without regard to conflicts of laws principles. If you are not a member of the intended audience, you are not authorized to use this Site. If you use this Site from other locations you are responsible for compliance with local laws.
CONTENT
These Terms govern all content on the Site, including text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, trademarks, trade names, service marks, games, and other brand identifiers, designs, plans, software, source and object code, data, algorithms, analysis, statistics, indexes, registries, repositories, and all other content, information, and materials available on or through the Site, whether provided by Headquarter Toyota, our licensors, partners vendors, and/or other service providers (“Content”).
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions, Headquarter Toyota grants you a non-exclusive, limited, revocable, personal, non-transferrable license to use the Site and the Services, for your personal, non-commercial use only. As part of this, you may print, save, download, and share vehicle information, saved searches, your Headquarter Toyota account information (subject to the below requirements), any paperwork or other information relating to your transaction, and the online credit application for your non-commercial, personal use only. This license does not include any resale or commercial use of any Services, any collection or use of any product listings, descriptions, or prices, any derivative use of any Services or its Content, any downloading, copying, or other use of account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools.
DISCLAIMER OF WARRANTIES
THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR THIRD-PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE AND/OR ANY MOBILE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEADQUARTER TOYOTA, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THIS SITE .
ALTHOUGH THE SPECIFICATIONS, FEATURES, ILLUSTRATIONS, EQUIPMENT, WARRANTIES, SERVICE MANUALS, RECALLS, SAFETY TIPS, AND OTHER INFORMATION CONTAINED IN THE SITE ARE BASED UPON UP-TO-DATE INFORMATION, AND WHILE HEADQUARTER TOYOTA AND ALL PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE MAKE ALL REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT BE GUARANTEED.
WITHOUT LIMITING THE FOREGOING, HEADQUARTER TOYOTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS TO (I) THE CONTENT POSTED BY OR PROVIDED BY ANY THIRD-PARTY ON THE HEADQUARTER TOYOTA SITE, (II) THE VEHICLES AND VEHICLE DESCRIPTIONS OR ANY OTHER GOODS OFFERED FOR SALE OR LEASE USING THE SERVICE, (III) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE HEADQUARTER TOYOTA SITE, AND (IV) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY, INCLUDING ANY DEALERSHIP, YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE HEADQUARTER TOYOTA SITE; NOR DOES HEADQUARTER TOYOTA REPRESENT OR WARRANT (Y) THAT THE HEADQUARTER TOYOTA SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE HEADQUARTER TOYOTA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HEADQUARTER TOYOTA SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE HEADQUARTER TOYOTA SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (Z) REGARDING THE USE OF THE HEADQUARTER TOYOTA SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE HEADQUARTER TOYOTA SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
IN ADDITION, HEADQUARTER TOYOTA DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HEADQUARTER TOYOTA OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
GENERAL PRODUCT, SERVICES, AND FINANCING INFORMATION
This Site provides information, including but not limited to specific product pricing, product specifications, used car values, service contracts, budget calculators, financial calculators, current financing offers, and basic company information for informational purposes only and nothing contained herein constitutes financial advice or an offer to sell, finance, or lease a specific product or service to you unless otherwise expressly acknowledged and apparent from the particular content.
The Manufacturer's Suggested Retail Price (“MSRP”) listed on this Site exclude tax, title, license, registration, destination charge, options, and any dealer documentary fees. Dealers set actual prices. All trade-in values obtained from Kelley Blue Book are estimates and the actual value of the vehicle may be higher or lower depending upon the condition of your vehicle, equipment and local market conditions. For some newer models, Kelley Blue Book may not have enough data to provide a trade-in value.
Our financial calculators’ estimated payments exclude applicable taxes, title, registration, license, and documentary fees. Any current finance or lease options are offered only on approved credit, may not be available in all areas of the United States, and not all users may participate in these programs. Current offers do not constitute an offer of direct financing or of any particular lease or purchase transaction. Rates and requirements vary based on geographic location and credit worthiness. See below for more information.
This Site also posts certified used car inventories. You acknowledge that Headquarter Toyota is neither responsible nor guarantees the accuracy of any information provided and that all vehicles are subject to prior sale. You understand that dealers set their own prices, all prices and specifications are subject to change without notice, and prices may not include additional fees such as government fees and taxes, title and registration fees, finance charges, dealer document preparation fees, processing fees, and emission testing and compliance charges.
POWERED BY GUBAGOO
Our Site is powered by Gubagoo® which provides software a service which allows you to access our inventory, allows us to verify your identity, coordinates shipping of purchased or leased motor vehicles, provide finance rates, and acts as our payment processing service. BY ACCESSING OUR SITE OR USING OUR SERVICES, YOU FURTHER AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF GUBAGOO (“Gubagoo Terms”). IF YOU DO NOT AGREE TO THE GUBAGOO TERMS, YOU MAY NOT ACCESS, VISIT, OR USE THIS SITE. Please read the Gubagoo Terms of Service and Privacy Policy carefully, all of which can be found at https://gubagoo.com/, to which you expressly agree.
THIRD-PARTY LINKS AND PLUG-INS
This Site may contain features, links to, or be accessed through links, that are owned and operated by independent third parties, including but not limited to as authorized dealers, Kelley Blue Book, body shops, and off-road riding schools, to which these Terms do not apply. We provide these links and features as a convenience to you and the inclusion of such links does not imply that Headquarter Toyota endorses or accepts any responsibility for the content on those sites.
Headquarter Toyota is not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsement, or the availability, operation or performance of authorized dealers, or any other sites or services, to which this Site may be linked to or from, which this Site may be accessed, or other features included in our Site or the Services which are owned or operated by third parties. Further, Headquarter Toyota is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy notice before using any other linked site.
Our Site and Service aggregates information from third-party service providers. By using our Site and Services, you expressly agree to each of their respective terms and conditions, and the terms and conditions of each and every other third-party service provider which integrates with our Site and Services.
FINANCIAL AND INSURANCE SERVICE PROVIDERS
Headquarter Toyota and our affiliates, through the Services, may provide a venue through which you can obtain information and find third-party service providers, such as financial institutions, credit providers, insurance agents, and other financial professionals (“Financial Service Provider[s]”). We do not endorse or recommend the products or services of any Financial Service Provider, and are not an agent or advisor to you or any Financial Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Financial Service Providers. It is your responsibility to investigate Financial Service Providers. You acknowledge and agree that Financial Service Providers are solely responsible for any services that they may provide to you and that Headquarter Toyota is not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Financial Service Provider’s products or services. We urge you to obtain the advice of your own financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Financial Service Providers.
You expressly acknowledge and agree that Headquarter Toyota is not a Financial Service Provider, and only uses third-party service providers. Headquarter Toyota is not a lending institution, insurance provider or other Financial Service Provider. Instead, Headquarter Toyota, through our Services, may help to connect you with Financial Service Providers that might meet your needs, based on information provided by you. We do not, and will not, make any coverage or credit decision with any Financial Service Provider referred to you or portrayed on our Site. We do not issue loans, credit, insurance coverage or any other financial products.
Headquarter Toyota does not make any warranties or representations regarding the quotes, fees, terms, rates, coverages, or services offered or made available by Financial Service Providers, which may appear on our Site. Any quotes, fees, terms, rates, coverages, or services shown are for informational purposes only. We do not guarantee that quotes, fees, terms, rates, coverages, or services offered by Financial Service Providers will be available to you nor do we guarantee that they are the best available products or services.
Headquarter Toyota may be compensated in exchange for featured placement of sponsored products and services, or your clicking on links posted on our Site. This compensation may impact how, where and in what order products and services appear. Headquarter Toyota does not include all companies or all available products.
You hereby hold Headquarter Toyota harmless and release Headquarter Toyota of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Financial Service Provider’s products or services, including any fees charged by a Financial Service Provider.
PAYMENT CALCULATORS
Through our Site and our Services, you may have access to a payment calculator located on the Site to assist in calculating the approximate monthly financing or lease payments for your vehicle, should you choose to finance or lease. The figures entered on the input page of this calculator are for informational purposes only and are based on information provided by ChromeData® and its LenderDesk service. Any payment calculator offered through the Service is not intended to offer any tax, legal, financial or investment advice and does not assure the availability of or your eligibility for any vehicle financing, nor does this calculator predict or guarantee the actual results of any financial products. The terms and conditions of products offered by institutions will differ and may affect the results of the calculator. Financing terms viewable on the Site or through our Service may differ from results shown in any payment calculator provided due to numerous factors, including but not limited to your credit score. If for any reason financing terms cannot be provided to you through the Services, please contact us for assistance.
PRICING ERRORS
You acknowledge and agree that pricing for vehicles on our Site may be subject to change at any time and/or that pricing may not be accurate in all cases. You agree to notify us promptly whenever an error is made in the pricing of a vehicle and to indemnify us and hold us harmless against any and all losses, claims, damages, liabilities, or expenses (including, but not limited to, any losses suffered and any additional costs and expenses related to the price correction, to which we may become subject insofar as any such loss, claim, damage, liability or expense arises out of or is based on any error or alleged error made in the pricing of a vehicle listed on our Site.
HEADQUARTER TOYOTA’S INTELLECTUAL PROPERTY
Headquarter Toyota will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of Headquarter Toyota or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.
You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Headquarter Toyota. Except as expressly authorized by Headquarter Toyota, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, information, or services. Without waiving any of the foregoing rights, you may print or download information or products from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Headquarter Toyota is prohibited.
GENERAL SUBMISSIONS
You agree that you will not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful, objectionable, discriminatory, or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Headquarter Toyota or other parties involved in creating, producing, or delivering this Site, may monitor or review transmissions, postings, discussions, or chats, Headquarter Toyota and all parties involved in creating, producing, or delivering this Site, assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. By entering this Site you acknowledge and agree that any communication or material you transmit to this site or Headquarter Toyota in any manner and for any reason, is subject to review and removal, and will not be treated as confidential and/or proprietary to you, unless otherwise expressly stated in a particular area of this Site or in our Privacy Notice. Furthermore, you acknowledge and agree that any ideas, questions, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Headquarter Toyota may be distributed, published, modified, edited, or otherwise used by Headquarter Toyota anywhere, anytime, and for any reason whatsoever.
PHOTO SUBMISSIONS
Some areas on this Site allow you to submit personal photos. The general purpose of such submissions is to provide a visual and textual representation of your Headquarter Toyota product. We suggest you attach a high-quality photo of your product and provide an accurate, textual description that is both clear and relevant. You understand that not all types of photos are appropriate for use and all photos submitted are subject to review and removal. The following is a list of general photo restrictions:
Photos cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
Photos cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
Photos cannot be obscene, offensive, or endorse any form of hate or hate group;
Photos cannot defame, misrepresent, or contain disparaging remarks about Headquarter Toyota or its products, or other people, products or companies;
Photos cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
Photos cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies, or other media) without permission;
Photos cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
Photos cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Headquarter Toyota wishes to associate; and
Photos cannot depict a violation, and cannot themselves, be in violation of any law.
By submitting a photo, you acknowledge that your photo may be posted on this Site, at our discretion. We reserve the right to, and may or may not, monitor/screen photos prior to posting them to the Site. By submitting a photo, you acknowledge that we have no obligation to use or post any photo you submit.
By submitting a photo you warrant and represent that: (a) it is your original work and accurately reflects your experience with our product and that depictions are known to be true and are based upon your use of our product; (b) it has not been previously published; (c) it has not received previous awards; (d) it does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) you have obtained permission from a person whose name, likeness or voice is used in the photo (if any); (f) publication of the photo via various media, including Web posting, will not infringe on any third party rights; and (g) you will indemnify and hold harmless both Headquarter Toyota and any parties involved in creating, producing, or delivering the photo submission from any claims to the contrary.
By submitting a photo, you agree that your submission is gratuitous, made without restriction, will not place Headquarter Toyota under any obligation, and that we are free to disclose or otherwise disclose the ideas contained in the photo on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you.
You understand that submitting a photo grants Headquarter Toyota and its agents an unlimited worldwide perpetual license and right to publish and use the photo in any way, in any and all media, without limitation, and without consideration to you. You acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by Headquarter Toyota’s employees, or obtained from sources other than you.
DRIVER’S LICENSE INFORMATION
As part of Services, you may be required to provide Headquarter Toyota with a copy or image of your driver’s license. By providing Headquarter Toyota with a copy or image of your driver’s license, you agree that Headquarter Toyota may scan the license and use and retain the information contained therein in a manner permitted by applicable law.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Services in our discretion. These prohibited activities include, without limitation, the following:
Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets.
Using any information obtained from the Services in order to contact, advertise to, solicit or sell any products or services to any User without their prior explicit consent.
Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services.
Attempting to impersonate another User or person or using the User I.D. or account of another User.
Using any information obtained from the Services in order to harass, abuse or harm another person.
Using the Services in a manner inconsistent with any and all applicable laws and regulations.
Using or otherwise accessing the Services for any reason other than a good faith interest in purchasing the identified vehicle.
Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy.
Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic, or obscene.
Transmitting any trade secret or other material, non-public information about any person, company, or entity without the authorization to do so;
Restricting or inhibiting any other visitor from using the Site, including without limitation, by means of “hacking” or defacing any portion of the Site.
Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Site.
Removing any copyright trademark or other proprietary rights notices contained in the Site.
Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Site.
Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, authentications and security measures; or
Harvesting or collect information about any Users or Consumers without their express consent.
Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services;
Modifying, translating, or creating derivative works based on the Services; or
Removing any proprietary notices or labels on the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Copyright Infringement Notification
Headquarter Toyota is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Headquarter Toyota will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).
If you are an intellectual property rights holder and believe your rights have been infringed, please read the following. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to our Designated Agent. Notification must be submitted to the following Designated Agent for this site in the matter described below:
By Mail: DMCA Agent, c/o DiSchino & Schamy, PLLC
4770 Biscayne Blvd., Suite 600, Miami, Florida 33137
By Email: admin@dsmiami.com
Phone: (786) 581-2542
The below procedure is exclusively for notifying Headquarter Toyota that your copyrighted material may have been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defences to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Headquarter Toyota will respond by either taking down the allegedly infringing content or blocking access to it. Headquarter Toyota may contact you to request additional information.
Notices and counter-notices are legal notices distinct from regular activities or communications on or via the Site. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Headquarter Toyota to locate the material;
Information reasonably sufficient to permit Headquarter Toyota to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). It is often difficult to determine if your copyright has been infringed. Headquarter Toyota may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Headquarter Toyota may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney fees.
LIMITATION OF LIABILITY
By using this Site you agree that, to the fullest extent permitted under applicable law, none of the parties involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses or any kind which may arise, directly or indirectly, through the access to, use of, implementation of, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, including but not limited to anything caused by any viruses, bugs, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. If you are dissatisfied with the Site, any Content, or these Terms, your sole and exclusive reedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability, set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. BY USING OR ACCESSING THE SITE, YOU AGREE TO THIS DISPUTE RESOLUTION SECTION.
Arbitration is a way of resolving disputes before one or more neutral persons, instead of having a trial in court before a judge/and or jury.
Any controversy, claim or dispute arising out of or related to these Terms or the Site, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for consumer arbitration (the “Arbitration Rules”), including its provisions permitting Disputes falling within the jurisdiction of small claims court to be filed in small claims court. The arbitration shall be conducted Miami-Dade County, Florida before a single neutral arbitrator appointed in accordance with the Arbitration Rules with the option to appeal the arbitrator’s decision to Optional Appellate Arbitration in accordance with the Arbitration Rules. Disputes with an amount in controversy under $10,000 will be decided by the arbitrator solely upon written submissions without a hearing. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, exemplary, consequential, incidental, or indirect damages against any party. Arbitration costs and fees shall be determined in accordance with the Arbitration Rules. Attorneys’ fees shall be borne by each party independently and no party shall be liable for the attorneys’ fees of the other party. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof. Subject to the dispute resolution process described above, all claims, disputes, and suits (including Disputes filed in small claims court pursuant to the Arbitration Rules) must be brought solely in the state or federal courts located in Miami- Dade County, Florida, and you agree to the jurisdiction thereof.
INDEMNITY
You agree to defend, indemnify, and hold Headquarter Toyota, our affiliates, subsidiaries, joint ventures, third-party service providers, employees, contractors, agents, officers, shareholders and directors harmless from any and all liability, claims, demands, judgements, costs, expenses (including reasonable attorneys' fees), and damages that arise out of or are related to your violation of these Terms or use of the Site.
FORCE MAJEURE
We will be excused from failures or delays in delivery or performance of the Site if such failure or delay is attributable to causes beyond our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
EXPORT POLICY
You acknowledge that any goods or services advertised on the Services and any software or technology purchased, downloaded, or used from the Services are subject to U.S. customs and export control laws and regulations, and you agree to comply with all applicable laws, including, but not limited to, the Export Administration Act of 1979 (50 U.S.C. app. §§ 2401 et seq.); the Export Administration Regulations (15 C.F.R. §§ 730 et seq.) enforced by the U.S. Department of Commerce’s Bureau of Industry and Security; the International Emergency Economic Powers Act (50 U.S.C. §§ 1701 et seq.); the economic sanctions regulations (31 C.F.R. Parts 501-598) enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control; the Foreign Corrupt Practices Act (15 U.S.C. § 78dd-1, et seq.); and the U. S. Anti-boycott laws and regulations (31 C.F.R. Part 760). You agree, represent, and warrant that no Services or Content will be accessed from, downloaded in, released in, carried to, transferred to, transhipped through, exported to, or re-exported to any territory (or resident of such territory), person, entity, or organization to which such Services and Content could not be transferred directly from the United States or by a U.S. person without a license, including, without limitation, to any person, entity, or organization on (1) the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List as published by the U.S. Department of the Treasury; (2) the Denied Persons List, the Entity List and the Unverified List as published by the Bureau of Industry and Security at the U.S. Department of Commerce, as such lists may be amended from time to time.
PROMOTIONS
Any contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
SWEEPSTAKES
The Site offers sweepstakes from time to time. While no purchase is necessary to enter any such sweepstakes, you agree to comply with the official rules of the relevant sweepstakes advertised on this Site. Please do not enter if you are not a permanent resident of the eligible geographic area, or if you are otherwise ineligible as set forth in the particular sweepstake’s official rules. Entries received from persons residing outside of the eligible geographic areas, from other persons otherwise ineligible, or where restricted or prohibited by law will be disqualified.
CAREERS
This Site offers, or contains a link to, job opening information across many Bella Automotive entities and provides mediums for you to apply and submit your resume. You understand that nothing contained herein constitutes an offer of employment by any Bella Automotive entity.
PRIVACY & SECURITY
Our Privacy Notice is incorporated into these Terms. You acknowledge and agree that your use of the Site constitutes consent to the data collection, use, and disclosure practices described in our Privacy Notice. To access portions of this Site, you are required to obtain a username and/or password. You agree that you will not register under the name of another person, choose a username that is vulgar, profane, or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation. You are responsible for maintaining the confidentiality of any such username or password and are fully responsible for all activities that occur under such username and password. You understand that you can help protect your username, password, and personal information by logging out of password protected web pages before you close your browser. You agree to notify us immediately of any unauthorized use of your username or password. Headquarter Toyota maintains exclusive control of access and right of access to this Site. You understand and agree that we reserve the right to revoke your registration at any time without notice or cause of action for any reason whatsoever.
USER DATA
We may retain certain data that you transmit in connection with the Site for purposes of managing the Site and providing the Site to you, to manage our business and the products and services we provide, or for any other purposes outlined in our Privacy Notice. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us.
COMMUNICATIONS
You agree that by providing your phone number, Headquarter Toyota may call and/or send text messages (including through the use of equipment that automatically dials phone numbers) about your interest in a vehicle, financing for any vehicle, for marketing/sales purposes, for appointment information, or for any other servicing or informational purpose related to your account/profile. You do not have to consent to receiving calls or texts to purchase from or sell to Headquarter Toyota.
MISCELLANEOUS
The Terms constitute the entire agreement and understanding between you and us as to the subject matter hereof. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Site (e.g., disclaimer of warranties, limitation of liability, indemnification) will be deemed to survive. Headings are provided as a convenience and should not be used as interpretive aids. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.
CONTACT US
If you have any questions or need further assistance, please contact us at:
Bella Automotive Group Ltd.
5895 Northwest 167th Street
Miami, Florida 33015
Tel: 305.423.4616
Fax: 305.423.4510
Email: cindy.rosado@headquartertoyota.com
hr@headquaterauto.com
NOTICE TO CALIFORNIA RESIDENTS
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
LAST UPDATED: May 11, 2023.
