Website and Other Online Services Terms and Conditions of Use
Last Updated: May 1, 2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING ANY EL TORO ONLINE SERVICES (AS DEFINED BELOW).
BY ACCESSING AND/OR USING EL TORO ONLINE SERVICES, YOU ARE ACCEPTING THESE TERMS AND CONDITIONS OF USE, AND, AS DETAILED BELOW, YOU AGREE TO RESOLVE ANY DISPUTE WITH US ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OF USE THROUGH BINDING ARBITRATION, AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR OUR OTHER ONLINE SERVICES.
These Terms and Conditions of Use ("Terms and Conditions of Use") are a legal and binding agreement between you and El Toro.com LLC and its subsidiaries and affiliates (“El Toro,” “we,” “our”), and they apply to your access to and use of all or part of this website, our proprietary El Toro Self-Service Portal, or any other online service or mobile application of El Toro (“Online Services”). By accessing and/or using our Online Services, you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms and Conditions of Use, you are prohibited from using or accessing our Online Services. These Terms and Conditions of Use supplement but do not alter in any way the terms or conditions of any other agreement you may have with El Toro for products, services or otherwise.
2. USE LICENSE
All content and other materials in or available or displayed on our Online Services, including, without limitation, our name, logo, designs, text, graphics, photographs, audio, video clips, information, data, software, other files and the selection and arrangement thereof (collectively, “Materials”) is the exclusive property of and owned by El Toro, its licensors or its content providers and is protected by copyright, trademark, patent, and/or other intellectual property rights and unfair competition laws under United States and foreign laws. Permission is hereby granted to you to temporarily download one copy of the Materials for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not modify or copy the materials, use the materials for any commercial purpose, or for any public display (commercial or non-commercial), attempt to decompile or reverse engineer any Material, remove any copyright or other proprietary notations from the Materials, or transfer the Materials to another person or mirror the Materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by El Toro at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.
The Materials on El Toro’s Online Services are provided "as is." El Toro makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, El Toro does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Online Services or otherwise relating to such Materials or on any sites linked to our Online Services.
The Materials may include technical, typographical, or photographic errors. El Toro does not warrant that any of the Materials are accurate, complete, or current. El Toro may make changes to the Materials at any time without notice. El Toro does not, however, make any commitment to update the Materials.
El Toro has not reviewed all of the sites linked to its Online Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by El Toro of the site. Use of any such linked website is at your own risk.
In no event shall El Toro or its partners or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Materials or the Online Services, even if El Toro or one of its authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless El Toro and its officers, agents, employees, and independent contractors and service providers (“El Toro Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims”) that arise from or relate to your use or misuse of our Online Services, violation of these Terms and Conditions of Use, or violation of any rights of a third party, unless such Claim is caused by an El Toro Indemnitee’s sole negligence. El Toro reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7. MODIFICATIONS AND SEVERABILITY
El Toro may revise these Terms and Conditions of Use at any time and in its sole discretion. Any changes will become effective upon posting, and we will include the date on which these Terms and Conditions of Use were most recently updated. Your continued access to or use of our Online Services indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
If any provision of these Terms and Conditions of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.
8. GOVERNING LAW
Any claim relating to our Online Services shall be governed by the laws of the State of Kentucky without regard to its conflict of law provisions.
El Toro and you (each a “Party” and together the “Parties”) hereby agree to submit any dispute arising under or concerning these Terms and Conditions of Use or the Materials, including any question as to arbitrability, to binding arbitration administered by the American Arbitration Association (“AAA”) and pursuant to the Commercial Rules thereof. To the extent permitted by law, before a Party may commence an arbitration with respect to a dispute involving these Terms and Conditions of Use or the Materials, such Party shall provide written notice to the other Party for the purpose of resolving the dispute in good faith. If the dispute is not resolved within sixty (60) days after receipt of the initial notice, then a Party may proceed in accordance with this Section. Notice of demand for an arbitration hearing shall be in writing and properly served upon the other Party. Arbitration hearings shall be held in Louisville, Kentucky. All costs of the Arbitration and the AAA shall be borne equally by both Parties, regardless of the final decision. Each Party shall bear its own costs, including attorneys’ fees. Any panel constituted to hear and decide a dispute between the Parties shall not be empowered to award attorneys’ fees as part of any award.
TO THE EXTENT PERMITTED BY LAW, YOU AND EL TORO EACH AGREE TO ONLY BRING CLAIMS IN AN INDIVIDUAL CAPACITY ON YOUR OR OUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS. NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES OR CLAIMS BY OTHER PARTIES. YOU AGREE THAT YOU SHALL NOT BRING ANY CLAIM AGAINST EL TORO AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR AS ANY PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY. YOU CANNOT COMBINE AN INDIVIDUAL CLAIM WITH CLAIMS OF OTHERS WITHOUT THE CONSENT OF EL TORO.
10. LIMITATION ON LEGAL ACTION
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Online Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
El Toro’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
11. NOTICE AND CONTACT INFORMATION
All notices hereunder and any questions or comments should be directed to:
552 East Market Street,
Louisville, Kentucky 40202
Attn: Legal Department