TD Auto Finance

TERMS AND CONDITIONS OF USE
FOR THE TDAUTOFINANCE.COM INTERNET SITE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
TD Auto Finance ("TDAF", "we", "our", "us") provides the tdautofinance.com Internet site domain name and all materials located at and under that domain name (collectively, this "Site") and any of our services available on that Site (which collectively with this Site are referred to as the "Services") to you as the user of the Site, subject to each and every of the following terms and conditions (collectively, this "Agreement"). BY ACCESSING, VIEWING, USING OR IN ANY WAY MANIPULATING THE INFORMATION OR SERVICES PROVIDED AT OR UNDER THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, DO NOT USE THE SITE AND DO NOT TAKE ADVANTAGE OF ANY OF THE SERVICES.
  1. Limited Use

    License Subject to the terms and conditions set forth in this Agreement, TD Auto Finance grants you a non-exclusive, revocable, non-transferable, limited right to access, use, and display this Site and the Services. You are authorized to view and utilize the Site and the Services only for your personal, non-commercial use. You must retain, on all copies or displays of the Site and the Services, all copyright and other proprietary notices contained in the Site or Services. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site provided the link does not portray TD Auto Finance, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any trademark or other copyrighted material as part of the link without TD Auto Finance's express written permission. You may not frame or utilize framing techniques to enclose any trademarks or other copyrighted material without TD Auto Finance's express written consent. You may not use any meta tags or any other hidden text utilizing the trademarks and other copyrighted material without TD Auto Finance's express written permission. You agree to abide by any other term or condition contained on or added to the Site or Services, as may be supplemented from time to time.

    TD Auto Finance has established this Site and the Services to provide information to users regarding products offered by TD Auto Finance and its affiliates. As a term and condition of use of this Site and the Services, you agree that you will not use this Site or the Services to: (i) misappropriate the intellectual property rights of TD Auto Finance or its affiliates; (ii) attempt to deface, modify or manipulate this Site or employ any tactic to defeat or evade any security feature employed on the Site; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Site or Services, or any customer, vendor, dealer, or employee of TD Auto Finance; and (iv) modify, erase or damage any information contained on the Site or any computer hardware or information storage device owned or used by TD Auto Finance. As an additional term and condition of use of the Site and Services, you agree to not use any process, research method or tactic to recreate or replicate the features, functions, or design of the Site or Services through reverse engineering.

    The information contained on this Site is provided solely for general informational purposes and is not intended to be a solicitation or an offer to sell in connection with any product or service, nor is the information a complete description of all terms, conditions and exclusions applicable to the products and services described.

  2. Collection of Information

    TD Auto Finance may collect and store anonymous information about your visit to tdautofinance.com in order to measure site activity and improve site features. This information does not personally identify you in any way.

    TD Auto Finance uses cookies, small text files that reside on your computer, to provide you with a more customized site experience. You may accept or decline cookies.

  3. Copyrights and Other Intellectual Property

    Except where otherwise expressly noted or as noted below, all Contents of this Website, including the graphics, icons and overall appearance of the Website, are the sole and exclusive property of TD Bank, N.A. and/or its subsidiaries or affiliates. The posting of the Contents of this Website neither constitutes a waiver of any of TD Bank N.A.'s proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, servicemarks, patents and other intellectual property, nor a transfer by implication, estoppel or otherwise of any such rights or of any license to the Website user or to any third party. Contents of this Website are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents that you obtain from the Website.

    The display of trademarks within this Website does not grant you a license of any kind. Any downloading of material contained in the site, or of any site linked to the site, may be a violation of federal trademark and copyright laws. Any downloading of Contents of this Website or any Website linked to this Website may be a violation of federal and other trademark laws and federal copyright laws.

  4. Linking to Other Sites

    A.Links from tdautofinance.com

    This Site may provide links to access other Internet sites; these sites are not maintained or controlled by TD Auto Finance. Additionally, this Site may provide access to Internet sites of other entities affiliated with TD Auto Finance. TD Auto Finance is not responsible for the content of those sites. In addition to the terms and conditions of this Agreement, your use of any Internet site not under the domain name tdautofinance.com will be subject to the terms and conditions posted on that Internet site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs, etc. TD Auto Finance makes no warranty or representation regarding, nor endorses, any linked Internet sites or the information appearing thereon or any of the products or services described thereon.

    B.Links to tdautofinance.com

    All links to this Site must be approved in writing by TD Auto Finance, except that TD Auto Finance consents to links in which: (i) the link is a text-only link containing only the name "TD Auto Finance"; (ii) the link "points" only to www.tdautofinance.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked Internet site; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by TD Auto Finance or its affiliates nor be such as to damage or dilute the goodwill associated with the trade names, brand identities, and trademarks of TD Auto Finance or its affiliates. TD Auto Finance reserves the right to revoke this consent to link at any time in its sole discretion.

  5. Arbitration

    THE FOLLOWING ARBITRATION PROVISIONS SIGNIFICANTLY AFFECT YOUR RIGHTS IN ANY DISPUTE WITH US. PLEASE READ THE FOLLOWING DISCLOSURES AND THE ARBITRATION PROVISION THAT FOLLOWS CAREFULLY BEFORE YOU ACCESS ANY OTHER PART OF THIS SITE OR UTILIZE ANY OF THE SERVICES.

    A. If either you or we choose, any dispute between you and us will be decided by arbitration and not in court.

    B. If such dispute is arbitrated, you and we will give up the right to a trial by a court or a jury trial.

    C. You agree to give up any right you may have to bring a class-action lawsuit or class arbitration, or to participate in either as a claimant, and you agree to give up any right you may have to consolidate your arbitration with the arbitration of others.

    D. The information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit.

    E. Other rights that you and/or we would have in court may not be available in arbitration.

    F. Any claim or dispute, whether in contract, tort or otherwise (including any dispute over the interpretation, scope, or validity of this Agreement, arbitration section or the arbitrability of any issue), between you and us or any of our employees, agents, successors or assigns, which arises out of or relates to this Agreement or any resulting transaction or relationship arising out of this Agreement shall, at the election of either you or us, or our successor or assigns, be resolved by a neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. Whoever first demands arbitration may choose to proceed under the applicable rules of the American Arbitration Association, or its successor, which may be obtained by mail from the American Arbitration Association, Attn: Customer Service Department, 335 Madison Ave., 10th Floor, NY, NY 10017- 4605 or the Internet at http://www.adr.org/, or the applicable rules of the National Arbitration Forum, or its successor, which may be obtained by mail from The Forum, P.O. Box 50191, Minneapolis, Minnesota 55405-0191, or on the Internet at http://www.arbitration-forum.com.

    G. Whichever rules are chosen, the arbitrator shall be an attorney or retired judge and shall be selected in accordance with the applicable rules. The arbitrator shall apply the law in deciding the dispute. Unless the rules require otherwise, the arbitration award shall be issued without a written opinion. The arbitration hearing shall be conducted in the federal district in which you reside. If you demand arbitration first, you will pay the claimant's initial arbitration filing fees or case management fees required by the applicable rules up to $125, and we will pay any additional initial filing fee or case management fee. We will pay the whole filing fee or case management fee if we demand arbitration first. We will pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. The arbitrator shall decide who shall pay any additional costs and fees. Nothing in this paragraph shall prevent you from requesting that the applicable arbitration entity reduce or waive your fees, or that we voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim.

    H. This Agreement evidences a transaction involving interstate commerce. Any arbitration under this Agreement shall be governed by the Federal Arbitration Act (9 USC 1, et seq.). Judgment upon the award rendered may be entered in any court having jurisdiction.

    I. Notwithstanding this provision and as provided for in any installment sale contract both you and TD Auto Finance and TD Auto Finances successors and assignees retain the right to exercise self-help remedies and to seek provisional remedies from a court, pending final determination of the dispute by the arbitrator. Neither you nor we waive the right to arbitrate by exercising self-help remedies, filing suit, or seeking or obtaining provisional remedies from a court.

    J. If any clause within this Arbitration section, other than clause C or any similar provision dealing with class action, class arbitration or consolidation, is found to be illegal or unenforceable, that clause will be severed from this Arbitration section, and the remainder of this Arbitration section will be given full force and effect. If any part of clause C or any similar provision dealing with class action, class arbitration or consolidation is found to be illegal or unenforceable, then this entire Arbitration section will be severed and the remaining provisions of this Agreement shall be given full force and effect as if the Arbitration section of this contract had not been included in this Agreement.

  6. No Warranties to Accuracy of Information

    All information contained in this Site and the Services is intended for the United States market only. The accuracy of this information cannot be guaranteed, particularly since this information is subject to change. All product illustrations and specifications are based upon current information at the time of programming. Although descriptions are believed correct, complete accuracy cannot be guaranteed. TD Auto Finance and its affiliates reserve the right to make changes at any time, without notice or obligation, in the information contained on this Site and the Services, including and without limitation to prices, financing terms, incentive programs, specifications, equipment, colors, materials and to change or discontinue models or financing programs. All prices are based upon Manufacturer's Suggested Retail Prices (MSRP) in United States dollars (unless otherwise indicated) and exclude taxes, title fees, options and destination charges, unless specifically included. Unless otherwise noted, all financing terms are in U.S. dollars and may exclude dealer charges and other fees. Dealers are independent and are free to set their own prices and financing terms; not all dealers participate in stated financing terms. Please see your dealer for the latest information on ordering vehicles and financing.

    The information provided on this Site or through the Services is provided "as is," "as available," and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or noninfringement. While the information provided is believed to be accurate, it may include errors or inaccuracies. The manufacturers of the products provide all product descriptions and illustrations of dealer service equipment. Accordingly, by using this information, you agree that TD Auto Finance and its affiliates (including their subsidiaries, agents, officers, directors, employees and insurers) are not liable for damages of any kind, including (but not limited to) consequential or special damages resulting from your use or access.

    Your access and use of this Site and any of the Services is at your sole risk.

  7. No Liability for Use of Site or Services and Waiver of Damages

    TD Auto Finance makes no warranty or representation that: (i) the Site or any Service will be available or operate in an uninterrupted or error-free manner; (ii) errors or defects will be corrected; or (iii) information available on or through the Site is appropriate, accurate or available for use in any particular jurisdiction.

    In no event shall TD Auto Finance or any of its affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Site, Services, or any linked Internet site, even if TD Auto Finance is expressly advised of the possibility of such damages. To the extent the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of TD Auto Finance, for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the Site, the Services, any linked Internet site, or this Agreement, shall be limited to your direct damages actually incurred up to $250.

    BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. USER HEREBY WAIVES CALIFORNIA CIVIL CODE §1542, WHICH STATES THAT: "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.” USER ALSO WAIVES ANY PROVISION OF THE STATUTORY OR NONSTATUTORY LAW OF ANY JURISDICTION THAT IS SIMILAR IN WORDING OR EFFECT TO CALIFORNIA CIVIL CODE §1542.

  8. International Users and Choice of Law

    This Site is controlled, operated, and administered by TD Auto Finance from its offices within the United States. TD Auto Finance makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States. Access to this Site and Services from jurisdictions where it is illegal to do so is prohibited. You may not use the Site or Services in violation of United States export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Michigan, without giving effect to its conflict of laws provisions.

  9. Indemnity

    You agree to indemnify and hold TD Auto Finance and its affiliates harmless, and, at TD Auto Finance's request, to defend TD Auto Finance and its affiliates from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys´ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Site or Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Site or Services. This indemnity shall be in addition to and not limited by any other indemnity.

  10. Email Terms

    Email communication including any information transmitted with it is intended only for the use of the addressee(s) and is confidential. If you are not an intended recipient or responsible for delivering the message to an intended recipient, any review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of this communication is strictly prohibited, as is the taking or omitting of any action in reliance upon this communication. If you receive this communication in error or without authorization please notify us immediately by return e-mail or otherwise and permanently delete the entire communication from any computer, disk drive, or other storage medium.

  11. General Terms

    If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties´ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.