Terms & Conditions

I. Introduction

BY USING AUTOS TOKYO® SERVICES, YOU AGREE TO THESE TERMS OF USE, AS UPDATED FROM TIME-TO-TIME. The date of the most recent revisions will appear at the top of this page, so check back often.

These Terms of Use are binding on all individuals and entities who access, visit, and use the Services, including all persons, entities, and digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process (collectively, “you” and “your”). Your use of the Services constitutes your acceptance of any changes and/or revisions to these Terms of Use. If you disagree with these Terms of Use, or if you violate, breach, fail to follow, or act inconsistently with these Terms of Use or any other terms and conditions that apply to the Services, then your access to and use of the Services is unauthorized, and Autos Tokyo® reserves the right to terminate, suspend, and/or restrict your ability to access, visit and/or use the Services and to refuse to honor any of our purported obligations under these Terms of Use, with or without notice. In addition, we may restrict or refuse to provide you with future access, visitation, and/or use of the Services. 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 of Use. 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 Services.

Autos Tokyo® may modify, suspend, discontinue, or terminate your right to use part or all of the Services at any time without notice to you, and in that event, we may modify the Services to make them inoperable. Autos Tokyo® will not be liable to you should it exercise those rights.

Additional terms and conditions apply to some Services (for example, Autos Tokyo® Auto Finance Online Account Services Agreement, E-Sign Consent and Agreement, Text Message Terms and Conditions), and these terms can be found where the relevant Service is offered and are incorporated into these Terms of Use by reference. If we provide specific terms of use for a particular Service and there is a conflict between the specific terms of use for the particular Service and these Terms of Use, the specific terms of use for the particular Service will govern.

II. Eligibility & Jurisdiction; Content; License and Access

Eligibility & Jurisdiction

The Services are controlled and operated by Autos Tokyo® from the United States and are not intended to subject Autos Tokyo® to the laws or jurisdiction of any state, country, or territory other than the United States (excluding unincorporated territories, Puerto Rico, and Guam). Autos Tokyo® does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

The Services are intended only for use in the United States by individuals who are 18 years of age or older and who have the capacity to enter into a valid contract. By accessing the Services you represent and affirm that you meet these requirements. If you choose to access this site from a location outside the United States, you are responsible for compliance with local laws.

Autos Tokyo® does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors.

Content

These Terms of Use govern all content on the Services, 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 Services, whether provided by Autos Tokyo®, our licensors, partners vendors, and/or other service providers (“Content”).

License and Access

Subject to your compliance with these Terms of Use, Autos Tokyo® grants you a non-exclusive, limited, revocable, personal, non-transferrable license to use the Services and to download and use any Autos Tokyo® mobile application (“Mobile Application”) on your mobile device, for your personal, NONCOMMERCIAL use only. As part of this, you may print, save, download, and share vehicle information, saved searches, your Autos Tokyo® Auto Finance 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 or its Content, any collection or use of any product listings, descriptions, or prices, any derivative use of any Services or its contents, 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.

III. Prohibited Uses

You may only use these Services for lawful purposes and in accordance with these Terms of Use. As a condition of your use of these Services, you warrant to Autos Tokyo® that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of a third party, you may NOT do the following in connection with the Services and Content:

Access and/or use any other person’s User Information (defined below) or account, unless you have their express permission to do so.Impersonate, imitate, or pretend to be someone else, by setting up different accounts or otherwise, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the Services.

Reproduce, duplicate, adapt, translate, copy, sell, resell, rent, visit, create derivative works of, timeshare, loan, distribute, otherwise exploit, or otherwise utilize any Services or Content (including product listings, descriptions, or prices), or any part thereof, for commercial purposes or for any purpose except those expressly authorized by these Terms of Use, without Autos Tokyo® express written consent;

Except as provided in these Terms of Use, download, copy or transmit any Content for the benefit of any third party or for use with another service without Autos Tokyo® express written consent.Make available any User Materials (defined below) through or in connection with the Services that is or may be in violation of the User Material Guidelines (set out below).

Make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

Interfere with or disrupt the operation of the Services or the systems, networks, or servers used to make the Services available, including by hacking or defacing any portion of the Services; or violate any procedure, policy, or requirements of such servers or networks.

Restrict or inhibit another person from using the Services.

Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.

Remove or modify any copyright or other intellectual property notices that appear in the Services.

Frame or mirror any portions of the Services, or otherwise incorporate or compile any portion of the Services into any product or service, unless you obtain Autos Tokyo® express written consent.Systematically download or store any materials except as expressly authorized by these Terms of Use.

Use any robot, spider, site search/retrieval application or other manual or automatic devices to retrieve, index, “scrape,” “data mine” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Services, without Autos Tokyo® express prior written consent.

Cause injury to any person or entity.Violate any law, rule, or regulation, or these Terms of Use.

Make any commercial, advertising, promotional, or marketing use of the Services and/or Content, except as permitted by law or as expressly permitted in writing by Autos Tokyo®.

Use the Services or Autos Tokyo® name, logo, or brand to send any unsolicited or unauthorized materials, including advertising, promotional materials, email, or other form of solicitation.Use any meta tags or other hidden text or metadata utilizing a Autos Tokyo® trademark, logo, URL, or product name without Autos Tokyo® express written consent.

Harvest or collect personally identifiable information about other users of the Services.Attempt to do anything or permit, encourage, assist, or allow any third party to do anything prohibited by these Terms of Use.

IV. Account Creation; User Material GuidelinesAccount Creation

We may at times require you to register and/or set up an account or profile to access, visit, or use certain Services or components of the Services, in which case you may be required to create, or you will be provided with, a password and User ID, and you may be required to provide your name, telephone number(s), email address, street address, and other personally identifiable information (“User Information”).

In addition, we may ask you to send us similar information via email, SMS, chat, and other technologies. All User Information submitted to Autos Tokyo® through whatever channel becomes and remains the property of Autos Tokyo® subject to applicable law.

Consequently, we may use any User Information you submit for any purpose we deem appropriate in accordance with these Terms of Use and our Privacy Policy. We maintain strict physical, technical, and administrative safeguards to protect your User Information from unauthorized or inappropriate access.

You agree, warrant, represent, and guarantee that all User Information you submit to Autos Tokyo® is true, accurate, complete, and up to date. You may not impersonate or pretend to be someone else when registering and/or setting up an account/profile on the Services and/or conducting transactions. If any of your User Information changes, you must update it via the mechanisms provided.

Autos Tokyo® SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE, AND UP-TO-DATE USER INFORMATION, INCLUDING YOUR FAILURE TO RECEIVE CRITICAL INFORMATION FROM Autos Tokyo®.

Autos Tokyo® SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR USER INFORMATION. Autos Tokyo® SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR SHARING YOUR USERNAME, PASSWORD, AND/OR ONLINE ACCOUNT SERVICES WITH SOMEONE ELSE. IF YOU PROVIDE YOUR ACCOUNT INFORMATION TO SOMEONE ELSE OR ALLOW SOMEONE ELSE TO ACCESS AND USE YOUR ONLINE ACCOUNT SERVICES, YOU WILL BE RESPONSIBLE FOR ALL ACTIONS TAKEN BY THAT PERSON.

Autos Tokyo® reserves the right at any time, without notice, to remove or require a change to any password or User ID that has been provided to you or otherwise to change the access means or methods for portions of the Services.

You are solely responsible for the following:

Maintaining the confidentiality of your User ID, password, and User Information andAll access, visitation, use of, and activity on your account/profile. You agree that we may, and you expressly authorize us to, process transactions and registrations for additional services initiated using your User Information.You may not sublicense, transfer, sell, rent, or assign your User ID, account/profile, or password to any third party without Autos Tokyo® written approval.

If you suspect that your account/profile is no longer secure, you must immediately change your User ID and/or password, if available, and/or close the account/profile.

Autos Tokyo® is not responsible for errors or negligent use of your account/profiles, including input errors, negligent handling or sharing of usernames or passwords, and leaving a computer unattended while accessing online account services.

User Material Guidelines

You are welcome to submit reviews, comments, and other communications, videos, photos, or other content via the Services or via any Autos Tokyo®-managed social media channels (e.g., Twitter, Facebook, Instagram, etc.) (“User Materials”). You acknowledge and agree that you are responsible for all User Materials you make available on any Services and/or in any Autos Tokyo®-managed social media channels. You represent and warrant that (1) you have the authority to grant the rights in such User Materials as set forth below and (2) such User Materials, and the use of such User Materials, shall not violate these Terms of Use.

By submitting User Materials via the Services or via any Autos Tokyo®-managed social media channels, you grant to Autos Tokyo® a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, edit, translate, distribute, publish, perform, sublicense, distribute, sell, and display, in public or otherwise, any User Materials you make available, in any media or medium, in any form, format, or forum, and for any purpose, without compensation to you. For this reason, do not send any User Materials to us that you do not wish to license to us, including any confidential information. You also grant to Autos Tokyo® a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the User Materials. In addition, you grant Autos Tokyo® the right to include the name or other identifying label (e.g., handle) you provide along with the User Materials, with the understanding that Autos Tokyo® is under no obligation to attribute such User Materials to you. You waive any “moral rights” or other rights with respect to authorship or attribution or integrity of materials regarding User Materials that you may have under any applicable law or theory. You agree you will indemnify Autos Tokyo® for all claims relating from any User Materials you supply. Autos Tokyo® takes no responsibility and assumes no liability for any User Materials posted by you or a third party.

You agree that you will not make User Materials available on the Services that:

Are false or misleading;Violate any applicable laws;Would infringe upon any third party’s intellectual property rights or other rights (without the owner’s written consent);Are obscene, indecent, pornographic, violent, or otherwise objectionable;Are derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity (as determined by Autos Tokyo®, in its sole discretion);Harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other basis or characteristic recognized by applicable law;Contain advertisements, solicitations, or SPAM links to other websites or individuals, without Autos Tokyo® prior written permission;Contain or relate to chain letters or pyramid schemes;Impersonate another business, person or entity, including Autos Tokyo®, its related entities, employees, and agents;Violate any policy posted on the Services or on any third-party platform (e.g., social media platforms); orAre intended to cause harm, damage, disable, or otherwise interfere with the Services.

V. Monitoring

To provide all users of our Services with a positive experience, we may monitor activities on the Services to ensure compliance with these Terms of Use. By utilizing the Services, you agree to such monitoring. Autos Tokyo® shall have the right (but not the obligation) in our sole discretion to edit, move, delete, or refuse to make any User Materials available through the Services for any reason, including violations of these Terms of Use. Nonetheless, Autos Tokyo® does not represent, warrant or guarantee that it will monitor the Services for accuracy or unacceptable use or that it will take any specific action – or any action at all – in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use.

VI. Accuracy of Information;

CorrectionsAccuracy of Website InformationAutos Tokyo® designed its Services to meet your car-shopping needs by providing you with accurate and up-to-date information about Autos Tokyo® inventory and offerings across the country. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present, including, without limitation, incorrect information or statements relating to prices for or features/accessories on particular vehicles, the availability of credit, the terms of any such credit, and any features that may estimate credit terms. Additionally, the color and general appearance of vehicles in photographs may appear differently in person depending on your device settings. Autos Tokyo® does not guarantee the accuracy of such information. All vehicles are subject to prior sale and may not be available when you are ready for purchase. Further, Autos Tokyo® reserves the right to change productor credit pricing and specifications, as well as the terms of our guarantees and warranties, without notice. You agree that reliance on the vehicle listings and descriptions on the Services is at your own risk. For this reason, please contact the store location where a vehicle is located to confirm the accuracy of the contents of our Services before you visit that store location.

Corrections

If any information contained in this Terms of Use is inaccurate, we will gladly correct it. Simply Email us, noting the incorrect information and the correction. We reserve the right to verify the correctness of any information provided.

VII. Third-Party Content,

Sites, and ServicesUnless otherwise stated or clear from context, references on the Services to any names, marks, products, or services of third parties, or links to third-party sites or information, are not any endorsement, sponsorship, or recommendation of the third party or its information, product or services. Autos Tokyo® assumes no responsibility for the content of these third-party websites, or any links on those third-party sites, including any third-party social media or mobile application platform with which the Services operate or otherwise interact, and Autos Tokyo® has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Autos Tokyo® assumes no responsibility for webcasting or any other form of transmission received from any linked website. You rely on the contents of a third-party website at your own risk and you assume all responsibilities and consequences resulting from such reliance. Other terms may apply to certain, software files contained within or distributed with the Services that are specifically identified in related documentation (“Third-Party Software”). Such Third-Party Software license terms shall apply to the corresponding Third-Party Software file in lieu of these Terms of Use.

When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider, (collectively and individually, “Third-Party Services”), and you acknowledge that your use of those Third-Party Services may be subject to the separate policies and terms of use, including fees, of one or more third parties. Third-Party Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Third-Party Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of the Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. Location data provided by any Third-Party Services is for basic navigational purposes only, may not be accurate, and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. You agree that any Third-Party Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the proprietary content, information or materials in any way whatsoever except for permitted use of the Third-Party Services.

VIII. Ownership and Proprietary Rights; Intellectual Property

Ownership and Proprietary RightsYou acknowledge and agree that the Services and all Content are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws and are the property of Autos Tokyo® or Autos Tokyo® third-party licensors. Except as expressly authorized by these Terms of Use, you may not make use of the Content and Services, and Autos Tokyo® reserves all rights to the Conten
t and Services not granted expressly in these Terms of Use.

NOTICE: The following sentence applies to certain images owned by EVOX Productions LLC: The automotive images or video contained herein are owned by EVOX Productions LLC (“EVOX”) and are protected under United States and international copyright law. EVOX reserves the right to pursue unauthorized users of its individual copyrighted images contained on the Services. These and other violations of EVOX intellectual property rights may result in your liability for actual damages and loss of income to EVOX and profits you derive from this appropriation, or alternatively, for statutory damages per infringed work, plus all costs and attorneys’ fees. Access to and use of these images or video is restricted by the terms and conditions of a license agreement. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited. EVOX reserves the right to pursue all legal and equitable remedies against unauthorized uses.

Notice regarding True Market Value prices: TMV® prices are copyrighted by Edmunds.com, Inc., which reserves all rights. Edmunds®, True Market Value® and TMV® are registered trademarks of Edmunds.com, Inc.

Autos Tokyo® recognizes the serious nature of the crimes of human trafficking and slavery. Autos Tokyo® has taken and will take every reasonable effort to ensure that its supply chain is free of products that are tainted by human trafficking. Because all of the vehicles sold by Autos Tokyo® in California are used vehicles, and all of the replacement parts Autos Tokyo® uses in its reconditioning process are purchased from other retailers, Autos Tokyo® believes that it has taken all necessary steps to audit and reasonably mitigate the risk that its products are tainted by the crimes of human trafficking and slavery.