Agreement between User and XOTOinc.com
Welcome to XOTOinc.com. The XOTOinc.com website (the "Site") is comprised of various web pages operated by XOTO, Inc. ("XOTO"). XOTOinc.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of XOTOinc.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
XOTOinc.com is an E-Commerce Site.
The primary purpose of XOTOinc.com is to make it easy to purchase vehicles and accessories.
Privacy
Your use of XOTOinc.com is subject to XOTO's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting XOTOinc.com or sending emails to XOTO constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
XOTO does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use XOTOinc.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
XOTOinc.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of XOTO and XOTO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. XOTO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by XOTO of the site or any association with its operators.
Certain services made available via XOTOinc.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the XOTOinc.com domain, you hereby acknowledge and consent that XOTO may share such information and data with any third party with whom XOTO has a contractual relationship to provide the requested product, service or functionality on behalf of XOTOinc.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use XOTOinc.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to XOTO that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of XOTO or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. XOTO content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of XOTO and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of XOTO or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by XOTO from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the XOTO Content accessed through XOTOinc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless XOTO, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. XOTO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with XOTO in asserting any available defenses.
Termination/Access Restriction
XOTO reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and XOTO as a result of this agreement or use of the Site. XOTO's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of XOTO's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by XOTO with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and XOTO with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and XOTO with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
XOTO reserves the right, in its sole discretion, to change the Terms under which XOTOinc.com is offered. The most current version of the Terms will supersede all previous versions. XOTO encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
XOTO welcomes your questions or comments regarding the Terms:
XOTO, Inc.
7338 Varna AVE
Valley Glen, California 91605
Email Address: info@XOTOinc.com
Telephone number: 888-654-9686
Effective as of February 24, 2024
