Toot 'n Totum Food Stores, LLC Terms of Service
Last Updated: May 31, 2023
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using the Site, you represent, warrant, and agree that you are at least eighteen (18) years or older. If you are not at least eighteen (18) years old, you represent and warrant that your legal parent or guardian has consented to your use of the Site.
Toot 'n Totum is solely responsible for interpreting the rules, values, eligibility requirements, and all other aspects of its rewards programs. Such rewards programs may be suspended or discontinued at any time with or without notice. To the maximum extent of the law, any rewards shall not have any cash equivalent value and shall only be redeemable for the item(s) explicitly stated. The terms and conditions related to rewards programs may change at any time by Toot 'n Totum within its sole discretion. Rewards are not guaranteed and may expire.
You agree that information related to your rewards account are not confidential and may be shared by us with our partners and other third-parties. When you sign up for a rewards program, you agree that we may contact you using any reasonable means, including but not limited to email, text messages to your cell phone (if you provide such a phone number), and application prompts and pop-ups. Additional terms may apply to rewards programs.
Payment of Fees
Toot 'n Totum may charge you for services in conjunction with using the Site, including but not limited to car wash subscriptions and fleet cards. We may assess and collect from you fees, surcharges, or other supplemental payment required of or imposed on Toot 'n Totum by any governmental, regulatory, or financial institution or entity. You may make payments for purchases made through the Site to Toot 'n Totum by various methods, which may include bank wire, ACH (electronic bank) transfer, electronic fund transfer, or valid debit or credit card. Toot 'n Totum reserves the right to expand or limit its payment options.
In conjunction with each payment you make to through the use of the Site, or which a third party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid credit card information). Further, you understand and agree that any declined payment may be lead to additional fees (e.g., dishonored credit card) and to the suspension or termination of your Site services. You also understand and agree that you are solely responsible to ensure prompt payment of all fees owed as a result of your use of the Site and that Toot 'n Totum is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.
Your debit or credit card on file will be automatically charged based on the terms of your subscription.
All fees paid to Toot 'n Totum or otherwise associated with your use of the Site are non-refundable. No refunds will be provided to you if you cancel your services prior to the end of the services term. Further, you will not be entitled to a refund if we suspend or terminate your services for cause.
Your subscription services will continue to be automatically renewed based on the same length of time as your original subscription unless you cancel prior to the effective renewal date. As noted above, you may not be entitled to a refund if you fail to cancel your services before your automatic renewal date.
Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.
If you miss a payment or have an overdue account, you may be assessed a one-time late fee at our then-current late fee rates. You may also be charged one and half percent (1.5%) interest per month, or the highest amount allowed by applicable law, on your past due balance. The interest rate is calculated on a continuously compounded basis.
One Account Policy
To further the integrity of the services provided through the Site or otherwise, all users are limited to one account per person. Similarly, all companies are limited to one account per company. Users who violate this policy may have all of their accounts suspended or terminated.
Some portions of the Site may be restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
Your Account Security
If you have a Toot 'n Totum account, you are responsible for maintaining the security of your Toot 'n Totum Site account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your Toot 'n Totum Site account. You also agree that Toot 'n Totum is not responsible for any unauthorized use of your Toot 'n Totum Site account or unauthorized payment methods. You may not share your login information with anyone. Other than for purposes of logging into you Site account, Toot 'n Totum will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact Toot 'n Totum.
You further agree to promptly notify Toot 'n Totum of any security breach relating to your Site account. Such notices should be sent to: www.tootntotum.com.
Toot 'n Totum encourages all Site users to proactively take steps to enhance their personal security measures. These measures may include using "strong" passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords, and preventing the disclosure of passwords to any third parties.
Accuracy of Information Provided by You
You agree that all information you provide through the Site or otherwise to Toot 'n Totum is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to www.tootntotum.com.
Failure to provide such updated information will constitute a material breach of the terms of these TOS and may lead to the suspension or termination of your account.
Code of Conduct
1. Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party's use and enjoyment of the Site;
2. Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
4. Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
5. Use any metatags or any other "hidden text" utilizing any part of the Site or Toot 'n Totum 's name, service or trademarks or trade dress without the express written consent of Toot 'n Totum;
6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
8. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
9. Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
10. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property;
11. Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
12. Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
13. Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
14. Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
15. Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
16. Any attempt to reverse engineer or reconstruct any portion of the Site;
17. Failure to abide by, or breach of, Shopify's terms of service or any other policies applicable to the Site;
18. Share your login information or allow third parties to utilize your login information to access any part of the Site; or
19. Engage in any acts or omissions that Toot 'n Totum believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services. You further agree to that to the extent you are using the Site for the purposes related to Toot 'n Totum you will adhere to all applicable State and Federal laws and regulations.
Use of Name
If you are a customer using the Site or any Site services, you consent to Toot 'n Totum using your name and business name in advertising and promotional materials related to Site services.
Maintenance/Site Down Time
Toot 'n Totum reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Toot 'n Totum will attempt to communicate any expected prolonged system outage to Site users in advance of such outage.
Toot 'n Totum is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Toot 'n Totum 's control.
Intellectual Property Rights
You agree that we hold all right, title and interest to all services, its websites and information and technology used to provide the Website and its services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without the express written permission from us.
All content including but not limited to text, graphics, downloads and software included on this site is the property of Toot 'n Totum or its licensors and is protected by United States and international copyright laws.
You also grant Toot 'n Totum a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Website or otherwise provide to us. Such information will be used solely by us in conjunction with marketing the Website and its services.
Disclaimer of Warranties
TOOT 'N TOTUM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF TOOT 'N TOTUM, TOOT 'N TOTUM DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. TOOT 'N TOTUM DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF TOOT 'N TOTUM, TOOT 'N TOTUM PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH TOOT 'N TOTUM.
Toot 'n Totum DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE'S USERS' COMPLIANCE WITH LAW. Toot 'n Totum IS NOT RESPONSIBLE FOR THIRD PARTIES' UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE'S SERVICES ARE INVOLVED.
Assumption of Risk
The Site is intended for information purposes only. When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Third Party Intellectual Property Rights
Various goods that may be available for purchase on the Site may be branded materials or otherwise contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor Toot 'n Totum shall acquire any ownership or other interest in such third parties' intellectual property rights except as may be dictated by applicable law.
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Toot 'n Totum provides email support for Site customers. Support can be reached by sending an email to www.tootntotum.com. Toot 'n Totum attempts to respond to customer inquiries within two (2) business days.
You agree that Toot 'n Totum shall have the right to participate in the defense of any claim asserted against Toot 'n Totum or involving the Site. You also agree that Toot 'n Totum shall be entitled to retain a counsel of Toot 'n Totum 's own choosing at your cost. You further agree to notify Toot 'n Totum of your knowledge of any claim against Toot 'n Totum or involving the Site. You agree to cooperate fully with Toot 'n Totum during such proceedings.
Automatic Payments in the Event of Default
If you provided payment information to Toot 'n Totum and sums are due and owing from you to Toot 'n Totum and you are in default of your obligations under these TOS, you authorize Toot 'n Totum to deduct any sums due and owing from your payment source(s) so long as Toot 'n Totum provided you with notice of your default and you failed to cure the default under the terms and conditions of these TOS.
Right to Refuse Service
Toot 'n Totum, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.
Consent and Survival of Agreement
Reports of Abuse
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Toot 'n Totum be liable to you for your failure to retain necessary records, nor will Toot 'n Totum 's retention or non-retention of records act to alleviate your duty under the law.
Termination of Services
Notices and Communication
Notices that you send to us must be delivered via first class mail to the following address:
Toot 'n Totum Food Stores, LLC
1201 South Taylor
Amarillo, Texas 79101
You may also send us notices via e-mail to: www.tootntotum.com so long as you place "LEGAL NOTICE" in the subject line of the email.
You authorize us to send any notices to you based on the contact information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases made through the Site are deemed made within the State of Texas.
Exclusive Remedy and Damages Cap
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by Toot 'n Totum must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.
Waiver of Jury Trial
Waiver of Class Action
EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOS.
Prior Action Before Formal Claim
You agree that as a material provision of these TOS, that you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these TOS and entitle us to all of our attorneys' fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.
No Third Party Beneficiaries
Except as otherwise expressly provided herein, nothing in these TOS is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
Successors and Assigns
Except as otherwise expressly provided herein, these TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Toot 'n Totum in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Toot 'n Totum 's election to not assert its rights under these TOS shall not preclude Toot 'n Totum from asserting its rights in the future.
Severability of Terms
If Toot 'n Totum prevails in any action, suit, or proceeding arising from or based upon these TOS, Toot 'n Totum shall be entitled to recover its reasonable attorneys' fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in these TOS are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
California Residents Only
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Toot 'n Totum Food Stores, LLC
1201 South Taylor
Amarillo, Texas 79101