Terms and Conditions for Toyota Financial - Toyota Financial
Terms and Conditions for Toyota Financial
This Agreement governs your access and use of the materials on Capital One’s website and any of its pages (the “Site”). We refer to Capital One and its affiliates and related entities as “we,” “us” and “our.” This includes Capital One Financial Corporation, Capital One, N.A. and each of their successors, assigns, agents, and representatives. Capital One’s offices are located at 1680 Capital One Drive, McLean, Virginia.
Before using the Site, please read this Agreement. You accept this Agreement by accessing the Site. If you don’t accept these terms, you may not access the Site.
This Agreement is in addition to other agreements that may apply to you, including your Capital One credit card, checking, savings, and/or auto loan account(s) (“Account” or “Accounts”) agreements and including our Online Banking Terms and Conditions and Auto Finance Online Terms and Conditions. If there is a conflict between this Agreement and other policies or terms, solely as they apply to the Site this Agreement governs. The terms of this Agreement are not intended to modify any disclosures or other terms that are required by law. Please also visit www.capitalone.com/privacy for information about how Capital One collects, uses, and discloses personal information in connection with the Site.
Access to and use of the Site is subject to applicable federal, state and local laws and regulations. Unauthorized use of the Site is prohibited. Violators can be prosecuted under applicable law.
- Third-Party Products & Services.
Capital One works hard to offer you products and services that are useful and reliable. But Capital One does not provide, endorse, or guarantee any third-party product, service, information, or recommendation available through this site. The third parties providing products and services through this site are not affiliated with Capital One. They are solely responsible for their products, services, information, recommendations, and all other content on their Web sites. Capital One is not liable for any third party’s failure with regard to such products, services, and benefits. These products and services are NOT FDIC INSURED OR BANK GUARANTEED. We encourage you to check offers, products, and services to become familiar with any restrictions or conditions.
Educational tools, calculators, guides, and other content available on this site may be provided by third parties. They are provided for informational purposes only. They are not intended to provide legal, investment, or financial advice. They do not indicate the availability or suitability of any Capital One product or service. For specific advice about your situation, you may wish to ask a qualified professional.
- Copyright and Trademark Information.
The information contained on the Site, including its arrangement, (other than images licensed from third parties), are copyright ©2022 by Capital One Financial Corporation. All rights reserved.
Capital One and its logo are trademarks of Capital One. All other trademarks are property of Capital One unless otherwise designated or clearly implied as belonging to third parties. Nothing contained on the Site grants by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) to any proprietary rights of Capital One or of any third party.
You are authorized by Capital One to copy, transmit or display information registered or owned by Capital One on any page of the Site only for your personal, non-commercial use. If you do so, it must include any copyright, trademark or service mark attribution as it appears on such page. The information and materials contained at the Site may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without Capital One's prior written consent.
The Site, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the Site are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.
Capital One holds a license to practice U.S. Patent Nos. 6,405,181; 6,567,791; and 7,143,163. Capital One does not represent that any process is covered by any of the preceding patent numbers.
- DMCA Notifications.
Pursuant to the Digital Millennium Copyright Act, Capital One Financial Corporation has designated an agent to receive notifications of alleged copyright infringement. If you believe that your work has been used in a way that constitutes copyright infringement, please send a notice, including all of the following information: (1) a description of the work allegedly infringed; (2) the location of the allegedly infringing work, including the URL; (3) your name, address, telephone number, and email address; (4) a statement signed by you that you have a good faith belief that the disputed use is unauthorized under current law; and (5) a statement signed by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner with their authorization.
- DMCA Counter-Notifications.
If you have a good faith belief that the material you posted was removed or disabled as a result of mistake or misidentification in a DMCA takedown notification, you may contest the takedown by submitting a DMCA counter notification. The counter notification must fully comply with the requirements of 17 U.S.C. 512(g)(3). If we receive a compliant counter notice, we will wait 10 days and then re-enable your content unless the copyright owner initiates a legal action against you before then or Capital One determines, at its sole discretion, that the content at issue is not appropriate for inclusion.
Submission of DMCA Notifications and Counter-Notifications
DMCA Notifications and Counter-Notifications must be submitted to:
Capital One Services, LLC
15000 Capital One Drive
Richmond, VA 23238
Capital One reserves the right to terminate users of its services who are repeat infringers, as determined by Capital One in its sole discretion.
By using the Site you agree that we may market our services and the services of other companies through the use of banner ads, “hyper-links,” and other similar marketing devices. This is so even if you have chosen to opt out of other marketing offers from us. Capital One has sole discretion to decide what products to offer. Such products may be provided by companies not affiliated with Capital One. Non-affiliated companies are solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. Capital One does not endorse or guarantee products or services provided by non-affiliated companies and such products or services are neither FDIC insured or bank guaranteed.
- Links to Other Websites.
Some sites listed on the Site are not under the control of Capital One, but rather are exclusively controlled by third parties. Accordingly, Capital One makes no representations concerning such sites. If Capital One provides a link to a third party site, it is not an authorization, endorsement, sponsorship or affiliation by Capital One with respect to such site, its owners or its providers. Capital One provides these links only as a convenience to you. Capital One has not tested any information, products or software found on such sites. We cannot make any representations respecting them. It is up to you to ensure that whatever you select is free of viruses, worms, trojan horses and other items of a destructive nature.
- Changes or Amendments.
We may change, suspend, or discontinue the Site, or any of its features at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting revised terms on the Site. Unless otherwise indicated, when you use the Site after the effective date of the revised Agreement you accept the terms. Capital One assumes no liability for any errors or omissions in the information contained at the Site and expressly disclaims any responsibility to update the information contained at the Site.
- Termination. Your rights under this Agreement will cease without notice if you fail to comply with any of its terms. In such a case, we may immediately stop your access to the Site.
- Notices. We may provide you with notices related to the Site by email, text message/SMS, regular mail, or postings on the websites or apps related to the Site. Your use of the Site is subject to the Electronic Communications Disclosure (“eCommunications Disclosure”). This allows us to provide you with certain communications and other records electronically.
- Tech Support.
Capital One may not be able to provide support for the Site. If Capital One provides support, it will be in addition to other support for your Account. You agree to any support rules, policies, and determinations.
You agree that any suggestions, comments, and feedback you submit to Capital One (“Feedback”) shall be the property of Capital One. Capital One is free to use any Feedback without any restriction of any kind. This includes without limitation the right to reproduce, display, transform, distribute and create derivative works. Capital One can also use any ideas, concepts, know-how or techniques in such Feedback for any purpose.
- Disclaimer of Warranty.
CAPITAL ONE PROVIDES ACCESS TO THE SITE “AS IS.” CAPITAL ONE MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION. CAPITAL ONE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY US CREATES ANY KIND OF WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
The information contained on the Site may include technical inaccuracies or errors. Capital One may from time to time amend, change, add, delete, update or alter the information contained at this Site, including information regarding the products and services described at the Site, without notice.
- Limitation on Liability & Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK THAT MAY RESULT FROM YOUR USE OF THE SITE AND ANY THIRD-PARTY SITES, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES. YOU AGREE NOT TO HOLD US LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATING TO YOUR ACCESS OR USE (OR INABILITY TO ACCESS OR USE) THE SITE, REGARDLESS OF WHETHER THEY’RE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. THIS INCLUDES WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.
IN STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, OUR LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED TEN DOLLARS ($10).
You agree that you are personally responsible for your conduct while using the Site. You agree to indemnify, defend, and hold harmless Capital One and our respective owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by or arising out of your use, misuse, or inability to use the Site. This includes any violation by you of these terms. This provision will survive the expiration or termination of this Agreement.
- Governing Law; Jurisdiction; Venue.
Virginia law governs this Agreement without regard to its conflicts of law principles. To the extent permitted under any applicable law, this Agreement will not be subject to the Uniform Computer Information Transactions Act as codified or amended. You irrevocably and unconditionally submit to the jurisdiction and venue of the United States District Court for the Eastern District of Virginia. If this court does not have subject matter jurisdiction, then you submit to the courts of Virginia located in Henrico or Fairfax County.
- SPECIAL NOTICE FOR CALIFORNIA USERS.
Under California Civil Code Section 1789.3, certain users of the Services from California are entitled to the following specific consumer rights notice: 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 Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at:
Attn: Legal Notice
PO Box 30285
Salt Lake City, UT 84130-0285
If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.
We shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or failure on our part to exercise any right or remedy shall be a waiver of that or any other right or remedy. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies in the future.
Portions of this website are licensed under U.S. Patent Nos. 6,658,467 and 7,958,204.