SCIONOWNERS.COM TERMS AND CONDITIONS
Effective Date: February 10th, 2011
1.0 WHO CAN ACCESS AND USE SCION OWNERS
Welcome to www.scionowners.com ("Site"). This Site is a social utility that connects you with other Scion owners. This Site is operated by Toyota Motor Sales, U.S.A., Inc., which is the importer and distributor of Scion brand automobiles in the continental United States (which for the purposes of these terms and conditions shall be referred to as "Toyota", "us", "we", or "our"). Unless otherwise stated on any pages or features of the Site, this Site is open to all permanent, legal residents of the fifty (50) United States and the District of Columbia only; however, you must be at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi) to register for the services offered on this Site, download any content from this Site, upload any content to this Site, or otherwise use any portion of the Site (collectively, "Service"). If you are not an intended viewer, please do not use or view the Site and/or the Service.
2.0 WHAT IT MEANS WHEN YOU VISIT, ACCESS, OR USE THE SERVICE
These terms and conditions of Service, including without limitation, any guidelines, codes of conduct, instructions and/or additional terms and conditions contained in this Site, constitute a legal agreement (collectively, the "Terms" or "Agreement", which includes any and all modifications hereof) between you and Toyota, and to the extent the Site has a mobile element, between the subscriber of a participating mobile communications carrier ("Subscriber") and Toyota. Even if you do not complete a registration process or otherwise use or access the Service, you will be bound by the Terms (to the extent applicable to you) when you visit the Site or (as more fully described in Section 3.6 below) you otherwise are intending to benefit from the Service. In this Agreement, "you" and "your" refer to each viewer or user (including the Subscriber on whose behalf you are entering into this Agreement, as well as those benefiting from the Service), and his or her agents (unless the context requires otherwise), and "we", "us" and "our" refer to Toyota. This Agreement explains our obligations to you, and your obligations to us, in relation to the Site and the Service. IMPORTANT NOTE: THESE TERMS MAY REFERENCE FEATURES, SERVICES, APPLICATIONS AND/OR FUNCTIONALITY THAT ARE NOT PRESENTLY AVAILABLE ON THE SITE AND MAY OR MAY NOT BECOME AVAILABLE IN FUTURE. THEREFORE, IT IS IMPORTANT TO REGULARLY REVIEW THESE TERMS TO UNDERSTAND THE TERMS THAT APPLY TO ANY FEATURES, SERVICES, APPLICATIONS AND/OR FUNCTIONALITY TO THE EXTENT THEY BECOME AVAILABLE ON THE SITE.
We may at any time revise these Terms by updating this posting. Modifications become effective immediately upon posting. If you object to the Terms (including without limitation, any guideline, code of conduct, instruction and/or subsequent modification hereof), are otherwise unhappy with this Service, your only recourse is to discontinue use of the Site and Service (unless specifically set forth otherwise in these Terms). ADDITIONAL NOTE: THESE TERMS ONLY APPLY TO THE USE OF THIS SITE, AND OTHER WEB SITES PROVIDED BY TOYOTA, SUCH AS SCION.COM HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE WEB SITES.
3.0 AGE AND OTHER REQUIREMENTS
To view the Site you must (a) be at least 18 years of age or a minor in your state of residence. To use site features such as commenting, profile creation, event creation and groups, you must additionally (b) have a valid Scion Vehicle Identification Number ("VIN"); and (c) satisfy the other restrictions in Section 1.0 of these Terms. If and when you satisfy those requirements, and are registered with this Site, you shall be referred to herein as a "Member". You shall be deemed to have agreed to the Terms by:
3.1 completing the registration process on this Site,
3.2 downloading content to a mobile device, if available, including without limitation, downloading any wallpaper or ringtones, from this Site,
3.3 downloading content to any other device or equipment, including without limitation, downloading any wallpapers, screen savers and/or audio to any computer, from this Site,
3.4 uploading any content (including without limitation, any text, comment, question, suggestion, element, photograph, audio recording and/or video) to this Site and/or uploading any content to third parties pursuant to information provided through use of the Site (each an "Upload"),
3.5 viewing or otherwise using this Site and/or Service, and/or
3.6 obtaining benefits from, and/or undertaking dealings because of, information and/or content on, or posting Advertisements (as defined in Section 11.1 below) to, the Classified Section (as defined in Section 11.1 below).
4.0 SERVICES THAT MAY BE AVAILABLE THROUGH THE SITE AND RESTRICTIONS ON YOUR USE OF THE SERVICE
The Service shall consist of one or more of the following features permitting you to: (a) upload text and/or other items to the Site (including without limitation, content for profiles and forums, comments, questions, suggestions, chat, photographs, videos, audio recordings and Advertisements) (collectively, "Submissions"), (b) download text, video, photographs and/or other content onto a computer (either a pc or Mac) and/or on MSN Instant Messenger version 6.1 or above (collectively, "PC Download"), (c) download mobile entertainment or other content, such as ringtones, games, graphics, news, audio, video, photograph and other information data via the Internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (collectively, "Mobile Download"), and/or (d) view the Site. You acknowledge and agree that the Service is for your own personal use only, and that you may not transmit, broadcast, upload to any computer, mobile or other device, create derivative works of, or make commercial use of the Service or any material provided or obtained through the Service, including, but not limited to, the names, images and other information used in any Submissions, PC Download, and/or Mobile Download (the foregoing materials shall be deemed "content" for the purpose of this Agreement), except as specifically permitted in this Agreement. Unless otherwise specifically permitted herein, any PC Download shall only be on your own computer (or a computer controlled by you), and any Mobile Download will only be on your own mobile device (or a device controlled by you). You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to), circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service or the content, or any technology used to support the Service.
5.1 Data You Provide. When you register for the Service or if at any time, are asked to complete an application or registration available through any part of the Service, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration or application form, and (b) maintain and promptly update the data to keep it true, accurate, current and complete. The information required may include, without limitation, the following: (i) first and last name; (ii) age; (iii) address; (iv) U.S. based email address; (v) the VIN number and other information about the Scion you own; (vi) gender; (vii) mobile phone number; (viii) occupation; (ix) ethnicity; (x) entertainment and life style activities in which you like to engage; (xi) geographic area in which you live; and (xii) your personal web site, if you have one, and answering other questions as prompted by the registration or application form. Any data you provide about yourself or your interests shall be referred to in these Terms as "Data You Provide".
5.2 Suspension; Termination; Communication to You. If we have reasonable grounds to suspect that the Data You Provide, and/or any other Submission, is untrue (including, without limitation, using the VIN number of a Scion owned by someone else), inaccurate or incomplete or otherwise violates these Terms, we have the right to suspend or terminate any and all current or future use of the Service (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding the Service by email and internal mail systems available through the Service (referred to herein as "inmail"), text message or through other means that may become available. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Data You Provide, including, but not limited to, your failure to receive critical information about the Service. You agree that we may access, preserve, and/or disclose any Data You Provide or other Submission, and/or any other records of your access to and/or use of the Site or any Service, if required to do so by law or in a good faith belief that such access, preservation and/or disclosure is reasonably necessary to: (a) comply with legal process, or reasonable requests of governmental agencies and/or law enforcement; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Toyota, the Site, its users, any of the Toyota Entities (as defined in Section 24.0 below) and/or the public.
5.3 Mobile Subscriber. If you are using any mobile elements of the Service which may be available, and you are not a Subscriber, and we have reasonable grounds to suspect the Subscriber has not consented to your registration for, or use of, the Service on behalf of the Subscriber, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5.4 User Name and Password. You will be asked to create a user name and a password. Please note that your user name will be viewable by others visiting the Site. You do not need to use your actual name as your user name. In certain instances, once Toyota or the operator of the Site has received and reviewed the Data You Provide, particularly as part of an application or registration process, it may notify you through one or more of the means of contact you provided in the application or registration process.
5.5 Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your user name, password, special code (if any), and other account or Service codes (including without limitation, Advertiser Account number, as defined in Section 11.1 below) issued to you through the Service. You agree not to use the account, user name, special code (if any), password or any other account or Service code of another person, entity or association ("Person") at any time, or to disclose your password or special code (if any) to any third party. You agree to notify Toyota immediately if you suspect any unauthorized use of your account, user name, special code (if any) or access to your password or any other account or Service codes issued to you or any other breach of security at [insert applicable email address]. You are solely responsible for any and all use of your account, user name, special code (if any), other account or Service codes, and/or password. If you believe someone has accessed the Service using your user name, account, special code (if any), other account or Service codes and/or password without your authorization, it is your responsibility to set up a new password. Toyota shall not be responsible for any losses arising out of the unauthorized use of your account, user name, special code (if any), other account or Service codes, or password.
6.0 YOUR RIGHTS TO USE CONTENT AVAILABLE THROUGH THE SERVICE
You acknowledge and agree that the content made available as part of the Service is owned by Toyota, and/or third parties who have licensed it for use on the Service, and is protected by intellectual property laws. Toyota hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right to access content as necessary to view and/or download and use the content only on personal computers and/or devices permitted hereunder that are owned or controlled by you, and only for your own personal non-commercial use, and any such use shall be as restricted as set forth in the Terms. Any such right that is not expressly granted herein is reserved by us. You agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available any of the content other than as specifically permitted in these Terms. If you are permitted to download or print a copy of the content, you must retain all copyright and other proprietary notices contained therein. The Toyota Entities neither warrant nor represent that your use of any content or the Service will not infringe the rights of third parties. Your unauthorized use of any content or Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes and may subject you to civil and criminal penalties, including possible monetary damages, for copyright and other infringement.
7.0 REQUIREMENTS FOR DOWNLOADS AND UPLOADS THROUGH THE SERVICE
7.1 Downloads Generally; PC Downloads. You may not need to register to access and/or view certain features of the Site, but you may need to register in order to (a) view a Member's profile, (b) create a Member's profile, (c) obtain certain PC Downloads or Mobile Downloads (collectively, the "Download"), if available, or (d) initiate any Upload. If Downloads are available through this Site, and you wish to Download content, such as a wallpaper to a personal computer, you must have a computer capable to download such content. Note that if you want to Download the wallpaper for use on MSN Messenger, your desktop must support MSN Instant Messenger version 6.1 or above.
7.2 Mobile Services. If permitted or available through this Service, to (a) upload content to the Site via your mobile device, (b) receive and reply to Service messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device, and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of a Subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Toyota makes the Service available as well as any carrier services necessary to download content (for a full list of the participating carriers and networks, go to [add hyperlink]), and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device).
7.3 General Requirements; Interference with Service; Upgrades; Compliance with Law. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Toyota's or the Site's operations or the Service. Any equipment or software causing interference shall be immediately disconnected from the Service and Toyota shall have the right to immediately terminate this Agreement, the Service, and/or your account. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws, rules and regulations in your use of the Service. Further, you agree not to use the Service to: (a) contact others that have not asked to be contacted; (b) harass or "stalk" anyone; (c) collect personal data about other users for commercial or unlawful purposes; (d) use automated means to download information from the Site (e.g., data mining tools), unless with the prior express written consent of Toyota; (e) post content in inappropriate areas of the Site (e.g., in areas identified for particular jurisdictions wherein you do not reside); (f) gain unauthorized access to the Site system, or to diminish quality or interfere with performance of the Site; and/or (g) post Submissions without each posting being manually entered by the author thereof.
8.0 SUBMISSIONS BY YOU TO SITE
8.1 General Terms. Any of your Submissions to the Site, electronically or otherwise, including, but not limited to, comments, questions, suggestions, text in any e-mail or inmail transmission, video, images, photographs, links, or any other submissions, is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated in our Privacy Statement. Any Submissions you provide to the Site may be used by us and our designees for any purpose, including, but not limited to, reproduction, transmission, disclosure, publication, broadcast, and/or posting. You understand that in making a any Submission, you are giving us and our designees non-exclusive (unless specifically stated otherwise in this Site), worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to exploit the Submissions and any Person's property (physical, personal, and indicia) contained therein, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. Our rights shall include, without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense (through multiple tiers), adapt, and stream the Submissions in any and all media now or hereafter known, including but not limited to, the Internet and outdoor billboards, throughout the world, related to the Toyota Entities, their respective distributors, dealers and dealer associations, sales of their respective products or services (for example, sales of Toyota and/or Scion brand automobiles) and any other promotions sponsored by us. You acknowledge and agree that neither Toyota nor any of the other Toyota Entities has now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or any other intellectual property or confidentiality, privacy and/or publicity interest in and to any Submission made by you.
In addition, we and our designees are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication (including without limitation, any Submissions) you send through the Service or to the Site for any purpose whatsoever, without any further consent, notice and/or compensation to you or any third parties.
You also acknowledge and agree that Toyota may obtain many Submissions on this Site, or otherwise develop on its own, or through third party vendors it engages, ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other Submissions you make to the Site, and you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other works used by Toyota (or its designees) based on any similarity with any Submissions made by you on this Site.
NOTE: Communication to Toyota with respect to any product complaint should be directed to Toyota's Customer Relations Services at 800-331-4331, and not through this Site. Please do not submit suggestions regarding Toyota products, promotions or advertising. For legal reasons, we do not accept such suggestions.
8.2 Requirements for Text, Visual and Audio Submissions. Any Submissions (including without limitation, text, video, podcast, photograph and/or audio recording) must comply with the requirements set forth below. [Text may not be greater than 14 point in size, and no greater than 4MB per e-mail or inmail address, Advertiser Account and/or by you, may be posted and/or uploaded at any one time. Audio and/or video Submission shall be no greater than 25MB per e-mail or inmail address, Advertiser Account and/or by you, per posting and/or uploading at any one time. Any Submissions including any images (e.g., photographs and/or videos) may only be submitted in JPEG (.jpg) or GIF (.gif) format and cannot be larger that 1MB uncompressed. Only five photographs, or one video, per e-mail or inmail address and/or by you may be posted at any one time; provided, however, a lesser number of Advertisements is permitted, so see Section 11.0 below. In addition, you agree that you will not use any Submissions, including without limitation, any text, photograph, video, audio recordings and/or Advertisement, to post or communicate any item which:
8.2.1 is false, deceptive (e.g., bait and switch) and/or defamatory, inaccurate, libelous, abusive, vulgar, hateful, harassing or threatening, makes misrepresentations (including without limitation, is misleading or deceitful, or otherwise fails to contain all material facts); is obscene, offensive, or contains disparaging remarks about other people or companies; endorses any form of hate or hate group; or is profane or pornographic; contains any nudity;
8.2.2 is sexually oriented, explicit or suggestive;
8.2.3 is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
8.2.4 promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may be construed as unsafe or dangerous; or promotes any particular political agenda or message;
8.2.5 promotes any brand or product of any kind other than Lexus, Toyota or Scion brand vehicles;
8.2.6 contains any personal identification, such as license plate numbers, personal names, e-mail or inmail addresses or street addresses, or other indicia (such as names, likenesses, or voices) identifying any Person (except for information in an Advertisement to describe the item being offered for sale and/or to identify the contact person, but only to the extent such Person has provided his or her explicit consent), including, without limitation, celebrities and/or other public or private figures, living or dead, or is invasive of a Person's privacy; contains look-alikes of celebrities or other public or private figures, living or dead, unless you have obtained their written consent;
8.2.7 contains copyrighted materials owned by others (including without limitation, photographs, sculptures, paintings, and other works of art or images published on or in web sites, television, movies or other media); contains Trademarks (as defined in Section 26.0 below) or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, unless you have obtained their written consent;
8.2.8 appears to duplicate any other submitted materials and/or recordings;
8.2.9 communicates messages inconsistent with the positive images and/or good will to which we wish to associate for Toyota;
8.2.10 discusses, recommends or endorses any activities or actions that are unsafe, hazardous or dangerous, or which make a vehicle non-compliant with applicable federal, state or local laws and regulations, or otherwise advocates the violation of any such laws and regulations;
8.2.11 impersonates any Person, including without limitation, a representative of Toyota, or falsely states or otherwise misrepresents any affiliation with any other Person, or uses misleading e-mail or inmail addresses or forged headers, or otherwise manipulates the identifiers and/or identity of the sender or the content;
8.2.12 solicits personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
8.2.13 uses or suggests the use of any Toyota products other than for their intended purposes;
8.2.14 constitutes "spam", junk mail, chain letters, or pyramid schemes, or any other activities that would constitute unwelcome or unsolicited communication to any user of this Site;
8.2.15 solicits others to join or become members of any other commercial service or other organization;
8.2.16 is an advertisement for, or contains advertising of, any product, service or item (other than as specifically permitted in Section 11.0) or is a solicitation of business;
8.2.17 promotes or encourages the use of items which are prohibited or restricted by applicable law, or the engagement in any illegal activities;
8.2.18 discloses trade secrets, confidential, or privileged information of others, or private facts about others;
8.2.19 contains software viruses or any other computer or other code, file or programs designed to interrupt, destroy or limit the functionality of any software, hardware and/or other equipment;
8.2.20 disrupts the normal flow of dialogue and/or negatively impacts other users' use of the Service, including without limitation, interfering with the content of any other Advertisement, and/or undermining any ratings or voting systems; and/or
8.2.21 is otherwise violative of any law.
You are solely responsible for (a) any Submission you post on or through the Service, (b) any material or information that you transmit to other Members (or others that view this Site and/or use this Service), and (c) your interaction with other Members (or others that view this Site and/or use this Service). Neither Toyota nor any of the other Toyota Entities endorses or has control over the Submissions on the Site. Submissions do not reflect the opinions or policies of Toyota or any of the other Toyota Entities. NEITHER TOYOTA NOR ANY OF THE OTHER TOYOTA ENTITIES MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO (X) ANY SUBMISSIONS, OR (Y) THE ACCURACY, APPROPRIATENESS, AUTHENTICITY, TIMELINESS, COMPLETENESS, LEGALITY AND/OR RELIABILITY OF ANY SUBMISSIONS, AND/OR (Z) ANY MATERIAL OR INFORMATION THAT YOU TRANSMIT TO OTHER MEMBERS (OR OTHERS THAT VIEW THIS SITE AND/OR USE THE SERVICE) AND/OR THAT OTHER MEMBERS (OR OTHERS THAT VIEW THIS SITE AND/OR USE THE SERVICE) SEND TO YOU. You waive any claim of alteration, optical illusion, or faulty mechanical or electronic reproduction of any Submissions (for example, any video or photograph(s)), including without limitation, any claim due to any variation of the color, tone, clarity, cropping, or other appearance of any Submissions.
8.3 No Obligation To Review Submissions. We reserve the right to monitor (or have our designees monitor) any posting and/or uploading, or not post or upload, or remove, delete, move or edit any posting and/or Uploads, for any reason or no reason, including, without limitation, posting and/or Submissions that we determine are spam, off-topic, or violate this Agreement (including without limitation, any code of conduct, guidelines and/or instruction posted on this Site) or is otherwise inappropriate as we determine in our sole discretion. Toyota and the other Toyota Entities specifically disclaim any liability for exercising such rights. Note, however, that neither Toyota nor any of the other Toyota Entities has any obligation to review Submissions (including without limitation, any other submitted content), and the Toyota Entities specifically disclaim any responsibility or liability for any and all Submissions. Without in any way waiving any of the requirements under this Agreement (and/or releasing you from your obligations, representations, or warranties herein), we may elect, in our sole discretion, to post and/or upload Submissions that we believe do not violate the intent or purpose of this Agreement.
If you desire any Submissions and/or user name to be removed from this Site, please contact us at email@example.com. Photograph, text, audio and/or video uploads and removals shall NOT occur more often than once per day. We may but are not obligated to advise you via your identified e-mail or inmail address whether any of your Submissions have been accepted. We reserve the right not to advise you as to the reason why any of your Submissions have NOT been accepted.
All Submissions become our physical property and will not be returned.
8.4 Representations and Covenants. You warrant, represent and covenant that:
8.4.1 your Submission or any other personally identifiable information you provide to us as part of the Submission, as well as any Data You Provide, is accurate, complete, authentic, timely, legal and valid, and otherwise complies with any requirements and/or restrictions set forth in the Agreement;
8.4.2 you are the sole and exclusive owner of the Submissions (including without limitation, any text, audio, photograph, image and/or video), or have secured permission in writing from any Person that may own any works incorporated into your Submission consistent with Section 8.4.6 below;
8.4.3 you have the full and exclusive right, power, and authority to provide the Submissions (including without limitation, any text, blogs, messages, comments, videos, photographs and/or audio recordings), and to grant us the rights to the Submissions herein granted upon the terms and conditions set forth herein;
8.4.4 your Submissions do not defame or invade publicity rights or privacy of any Person, living or deceased, or otherwise infringe upon any Person's personal or property rights or any other third party rights consistent with Section 8.4.6 below;
8.4.5 if your Submissions appear to endorse Lexus, Toyota, or Scion brand vehicles or any Toyota Entities, and/or imply any association with any Toyota Entities or our business, you consent to such appearance of endorsement and/or association, and if a third party appears to endorse, or be associated with, Lexus, Toyota or Scion brand vehicles, Toyota Entities or our business, you have obtained the express written consent of such third party to such endorsement and/or association (and, if requested to do so, can produce such written consent in a form and manner acceptable to us); and
8.4.6 if any Submission contains Persons other than yourself or third party elements not owned by you, you have obtained express written consent to provide such Submission and allow it to be used in the manner contemplated by these Terms from each and every Person depicted in the Submission and each and every owner of any third party element, and, if requested to do so, can produce such written consent in a form and manner acceptable to us (and in particular, if any minor is depicted in any photograph, information and/or video, you have obtained the express written consent of the minor's parent or legal guardian to submit such photograph, information and/or video and allow it to be used in the manner contemplated in this Agreement). You further represent, warrant and covenant that any information and/or other material that you may send or otherwise communicate as a result of any Service (e.g., any communication to others related to any Advertisement) shall comply with all of the Terms, including without limitation, any applicable laws. In particular, no such activities shall be fraudulent and/or contain any misrepresentation (or omission of any material fact), and, if necessary, you shall report such activities to all relevant governmental authorities (e.g., reporting to the Department of Motor Vehicles any change in registration upon transfer, and/or the Internal Revenue Service any income arising from such sale). If necessary, you shall have, in good standing, any license, permit and/or any other approval or authority to undertake the activities contemplated hereunder (e.g., consummation of any vehicle sales transaction).
9.0 MEMBER VEHICLE IMAGES
This Site contains photographs of Scion vehicles submitted by Members ("Member Vehicle Images"). Neither Toyota nor any of the other Toyota Entities makes any representation or warranty as to any Member Vehicle Images whatsoever, including any material included therein. IMPORTANT: THE MEMBER VEHICLE IMAGES DEPICTED ON THE SITE MAY INCLUDE MODIFICATIONS OR ALTERATIONS THAT HAVE NOT BEEN EVALUATED OR APPROVED BY TOYOTA. Some Member Vehicles depicted on this Site may also include parts and accessories that are not genuine Scion parts and accessories. Toyota does not endorse the alteration or modification of or the installation of non-genuine Scion parts and accessories on Scion vehicles. Toyota sold a fully certified vehicle and the modification of or the installation of aftermarket parts and accessories on that vehicle by the vehicle owner or by others acting at the request of the vehicle owner may impact the vehicle's original design performance, durability, safety, and compliance with FMVSS and other federal and state laws and standards. Aftermarket equipment manufacturers and owners installing non-genuine Scion parts and accessories on Scion vehicles are responsible for designing, fabricating and installing products that conform to all local, state, and federal laws, regulations and standards, including safety and emissions standards, and for ensuring that the after market products they install and any alteration or modification they make do not adversely impact vehicle safety, performance, and durability.
THE TOYOTA ENTITIES DO NO MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE COMPATIBILITY, PERFORMANCE, SUITABILITY OR SAFETY OF NON-GENUINE SCION PARTS AND ACCESSORIES FOR USE ON SCION VEHICLES. USE OF NON-GENUINE SCION PARTS OR ACCESSORIES ON A SCION VEHICLE WILL VOID THE SCION WARRANTY, MAY NEGATIVELY IMPACT PERFORMANCE, DURABILITY AND SAFETY AND MAY RENDER THE VEHICLE ILLEGAL FOR OPERATION ON PUBLIC ROADWAYS.
10.0 YOUR PERSONAL PROFILE
The Service permits posting of personal or Member garage profiles by you. You can create only one (1) online garage profile per VIN, Advertiser Account, and/or e-mail or inmail address; you should only have one account. Your garage profile will contain, at a minimum, your user name. You will be able to customize the exterior and interior of your profile and include information in your profile, such as a picture, a link to your favorite web site, create event listings, groups and tags. Your public profile should not include the following items: telephone numbers, street addresses, last names, sensitive information, and any photographs or tags that contain nudity, or any obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter, or otherwise violate any of the other terms of this Agreement (including without limitation, the terms under Section 8.2 above). Please choose the information you include in your profile carefully as it will be available to all other Members, and may become available to the public. Consider your personal safety when releasing any information on this Site. Neither Toyota nor any of the Toyota Entities can guarantee that others will not use the disclosed information to send you bulk notices and/or spam and/or otherwise to harass and/or harm you. Consider this before providing any personally identifiable information to this Site.
11.0 CLASSIFIEDS SECTION; ADVERTISEMENTS
11.1 Additional Terms for Advertisements. If you wish to submit a classified advertisement (an "Advertisement") for publication on the Site, or for distribution on the Service, in the classified section of the Site (the "Classified Section"), or update, edit, revise or make other changes to an already existing Advertisement, or otherwise manage your advertising account, you must register to open an advertiser account ("Advertiser Account") on this Site and complete an insertion order ("Insertion Order") for any Advertisements you wish to place. Initially, the only item that may be posted for sale in an Advertisement is a used, operational Scion brand vehicle (and NOT any other items, including without limitation, no new or used motor vehicle parts or accessories). In the future, additional items may be permitted, but only if specifically permitted in this Section 11.1. You may only post an Advertisement for an item that you own. You should not be a dealer or broker of motor vehicles, as this Classified Section is intended solely for individuals selling their own personal vehicle. You may not use any third party (e.g., any agent, service or intermediary) to post your Advertisement; you are not permitted to post (or cause, or facilitate, to be posted) any Advertisement for any other Person. Only up to three (3) Scion vehicles may be advertised by you, or any e-mail or inmail address or Advertiser Account, per calendar year. In order to submit an Insertion Order, you must have accepted the additional terms and conditions for using the Classified Section (the "Advertiser Terms and Conditions"), which are deemed part of the Terms and Agreement, [provided hyperlink to registration page] as part of the registration process. We reserve the right to terminate, and/or suspend access to or use of, any Advertiser Account at any time if we believe that there is, has been, or may be, any violation of any of the Terms (including without limitation, any of the Advertiser Terms and Conditions), or if we believe the Advertiser Account has been compromised in any manner (e.g., due to unauthorized access). There will NOT be any fee or other compensation charged by us for posting an Advertisement to this Site, and we do not intend to solicit any business from any sellers or buyers as a result of any posting in the Classified Section.
11.2 No Sales In North Carolina. No residents and/or citizens of North Carolina may post Advertisements, nor may any vehicle that is registered in North Carolina be identified in any Advertisement. Further, no sales related to vehicles advertised in any Advertisement shall be consummated in North Carolina.
11.3 Horsepower References. Any reference to horsepower associated with any vehicle identified in any Advertisement must state only the Society of Automotive Engineers horsepower rating of such engine, as installed (net), as determined by the Society of Automotive Engineers Standard J1349.
11.4 No Involvement by Toyota. Toyota does not sell vehicles directly via the posting in the Classified Section. Toyota is not a party to any transaction between buyers and sellers of items described in any Advertisement (including without limitation, any vehicles advertised in the Classified Section); we do not transfer legal ownership from the seller to the buyer. Terms of sale remain subject to negotiation between buyers and sellers. Neither Toyota nor any of the other Toyota Entities can (or do they) ensure the accuracy, timeliness, authenticity, legality or completeness of any information provided by any buyer or seller. Neither Toyota nor any of the other Toyota Entities guarantees the availability, performance, safety, authenticity, reliability, legality or quality of any item identified in any Advertisement, or the creditworthiness or veracity of any seller or buyer. Responsibility for the content of any Advertisements, including typographical and other errors regarding price and other information, as well as any links thereto, lies with the Member that submitted the Submission (and any seller of the item contained in the Advertisement). The Toyota Entities assume no responsibility or liability for verifying whether the listings comply with applicable laws and the Terms (including without limitation, any links thereto); such responsibility rests entirely with the Member that submits the Submission (and any seller of the item contained in the Advertisement). The Toyota Entities are not responsible or liable for your use and/or reliance on such information. You are undertaking this Service at your own risk, and you understand and agree that you will undertake your own independent evaluation of any items identified in, and bear all risks associated with using, any Advertisement, including without limitation, any communications with such Person posting such information (including any claims of fraud, misrepresentation, personal or property injury, damage and/or death). Further, you understand and agree that none of the Toyota Entities is responsible or required to be involved in any way with any disputes that you might have associated with any dealings arising from any Advertisement. See Section 25.0 for further disclaimers and limitations of liability.
11.5 Warnings to Consider. With respect to prices, please note that the prices listed in Advertisements may exclude sales/use taxes, finance charges, and title, license, regulatory, documentary, emission testing and/or compliance fees, all of which may be added to the advertised price in determining the final sale price of a particular vehicle. Some of the used car listings include vehicles that are shown to be "certified" as meeting certain standards established in connection with a pre-owned vehicle program. Neither Toyota nor any of the other Toyota Entities is responsible or liable for (a) descriptions of what is, or is not, included in the identified price, and/or (b) any decision to certify a vehicle as "certified", and/or the veracity of any statement indicating that any particular vehicle is "certified".
11.6 Personal Safety Concerns. Neither Toyota nor any of the other Toyota Entities performs any background checks on Members posting Advertisements (including sellers identified in Advertisements) or buyers, and cannot (and does not) warrant that any personal or other information you may provide to sellers or buyers in order to engage in a sales transaction will not be used for fraudulent, criminal, or other illegal or inappropriate purposes (including without limitation, bulk notices and/or spam). We urge you to use caution before providing any personal or sensitive information through this Site, or related to these sales transactions. Consider creating your e-mail or inmail and/or contact information in a manner to keep your identity anonymous. Also, only meet at public locales; keep your family and friends aware of your plans; take your cell phone with you; consider having a friend accompany you; and trust your instincts about the situation.
11.7 Copies of Advertisements. All Advertisements may be stored in a database, even after "deletion", and may continue to be archived based upon our own administrative policies. We cannot guarantee complete security of stored information.
11.8 Additional Instructions. We may place additional restrictions on use of the Site (e.g., number of days content of Advertisement shall be placed on Site; number and size of postings permitted; frequency for posting, modifying and/or deleting Advertisements; locale of posting; type of information that may be posted; etc.). You shall comply with all of those instructions and/or guidelines. The Toyota Entities shall not be responsible or liable to you or any other third parties for any modification, suspension and/or discontinuance of the Service (and/or any of said instructions or guidelines) and/or failure to enforce any of the Terms hereof. You agree that, at its sole discretion, Toyota has the right (but not the obligation) to delete or deactivate your account, block communications (such as the e-mail or inmail capability) and/or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and/or discard any Submissions (including without limitation, any Advertisement) for any reason and for no reason. You agree that none of the Toyota Entities shall be liable or responsible for enforcement of such right. You agree not to use the Service after such termination.
11.9 Avoid Being a Victim. Be careful when dealing with inquiries regarding your Advertisement. Avoid wire transferring funds; beware of any request asking for an overpayment and providing you with the "change", or issuing you a foreign cashier's check. Only use safe and secure means of payment. Do not give out your personal financial information. We will not be sending you a request to provide financial information or passwords so do not reply to such a request, and instead delete it without opening any attachments. If you suspect any Advertisement is a scam, kindly send an email to firstname.lastname@example.org.
11.10 No Other Advertising. Except for advertising promoting Toyota's products and services, and the Advertisements permitted pursuant to this Section 11.0, no other advertising shall be permitted on the Site.
You may be invited or asked to attend Toyota sponsored events or events held by other Members and users of the Site which are not in any way associated with Toyota at various locations throughout the United States (collectively, "Events"). Your participation in any Events is at your own risk and you hereby agree to release and hold the Toyota Entities harmless from and against any liabilities, claims, damages, costs and expenses, including without limitation, any injury or death to you or your minor children or wards, and reasonable attorneys' fees and costs, resulting from attending the Events or participation in any activities available at the Events. You also agree that we (and our designees) may film and record any of the Events sponsored by Toyota in which you or your minor children or wards participate, and you hereby agree that such films and recordings shall be owned by Toyota and we (and our designees) may use your or your minor children or wards' name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media, now or hereafter known, throughout the world in perpetuity without notice, approval or compensation to you or any third party.
13.0 FORUMS/BLOGS/CHAT ROOMS
The Site may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. None of the Toyota Entities can guarantee that other Members (or other third parties) will not use the ideas that you share. So, if you have an idea that you would like to keep confidential and/or do not want others to use, do not post it to the Site. THE TOYOTA ENTITIES ARE NOT RESPONSIBLE FOR ANY OTHER MEMBER'S (OR ANY THIRD PARTY'S) MISUSE AND/OR MISAPPROPRIATION OF ANY CONTENT YOU POST TO THE SITE. THE TOYOTA ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY COMMUNICATION BETWEEN MEMBERS AND/OR BETWEEN MEMBERS AND THIRD PARTIES, AND/OR BETWEEN THIRD PARTIES ARISING FROM USE OF THE SITE AND/OR OTHERWISE.
14.0 REFERRAL PROGRAMS; FORWARD TO A FRIEND OPPORTUNITIES
The Site may offer referral programs that permit you to submit information about other Persons (each, a "Referred Person"), including, without limitation, U.S. based email addresses, wireless telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the Service. You may only refer Persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi), and be able to register for the Service, or otherwise use the Service. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Service. The Toyota Entities will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, the Toyota Entities reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this Site, any Service, or any third party for any reason. The Toyota Entities specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available through the Service, including email, inmail, text and other forms of messaging, to inform you that the Referred Person has registered for the Service. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges to messages your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to discontinue the Service to you. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to additional terms and conditions which shall be posted at the time such programs become available and shall be deemed incorporated into, and subject to, these terms and conditions of Service. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability. If you are using the Service to communicate to a Referred Person (or any third party), you agree not to use such Service to harm the Referred Person or any other third party, and/or use such Service in violation of the Terms, including without limitation, in violation of any applicable laws, rules or regulations.
15.0 VOTING/RATING FEATURES
For any voting/rating features that are available on this Site, you must follow instructions on the Site to submit your votes/ratings, including without limitation, any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess or violation of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. The Toyota Entities assume no responsibility or liability for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any Person we find to be violating these Terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters.
16.0 SWEEPSTAKES AND CONTESTS
Any sweepstakes, contests, games and/or promotional offers accessible on the Site are governed by specific rules and/or terms and conditions (which are hereby incorporated into this Agreement by this reference). By entering such sweepstakes or contests or participating in such games or promotional offers, you will become subject to those rules and/or terms and conditions. We urge you to read the applicable rules and/or or terms and conditions, which are linked from the particular activity. You are not permitted to post or provide links to any sweepstakes, contests or other promotions to the Site.
17.0 ADDITIONAL FEATURES
We may from time to time add additional features to the Service and may be subject to additional terms and conditions which shall be posted (either on the Site or in a separate section) at the time such programs become available and shall be deemed incorporated into, and subject to, these Terms.
18.0 OPERATION OF SERVICE AND RESTRICTIONS
18.1 Modifications, Interruptions or Discontinuation of Service. Toyota reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. Toyota may also impose limits on certain features and services or restrict your access to parts or all of the Service or the Site without notice or liability to you. Without limiting the generality of the foregoing, Toyota reserves the right to delete, add to or modify the content for any reason at any time, and to delete (or block your access to) any portion of the Service in the event we reasonably determine that the Service, your use of the Service or any element used to create the Service, infringes on or violates, or could infringe on or violate, any third party right or any applicable laws or government regulations.
18.2 Transfer of Data through Service and Functionality. You understand and agree that in order for the Service to function properly, from time to time, the Service may automatically connect to and transfer data from servers through the Internet and/or communication systems to provide content updates through the Service and to populate the Service with new information. In addition, the Service may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis. By installing the Service on your mobile device, you hereby explicitly agree to the foregoing Service functionality.
18.3 Support and Updates. Toyota may elect, in its sole discretion, to provide you with customer support and/or software upgrades, enhancements, or modifications for the Service, and may, in its sole discretion, terminate such support at any time without notice to you.
18.4 Restrictions on Use. Notwithstanding anything to the contrary contained herein, you may not:
18.4.1 decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, reproduce, duplicate, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from or of the Service or any portion thereof;
18.4.2 incorporate the Service into any computer chip or the firmware of a computing device manufactured by or for you;
18.4.3 use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement (including without limitation, in any manner that interferes with anyone else's use and enjoyment of the Service and/or that could or is intended to damage or impair the operation of the Service and/or any content thereof);
18.4.4 use or export the Service in violation of applicable U.S. laws or regulations;
18.4.5 sell, lease, loan, distribute, sublicense, assign or otherwise transfer or transmit the Service or access thereto to any third party, or derive income from the use or provision of the Service, whether for direct commercial or monetary gain or otherwise, without Toyota's prior, express, written permission; or
18.4.6 provide material support or resources (or concealing or disguising the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
19.0 THIRD PARTY PRODUCTS AND SERVICES
The Site may contain (or, if available, you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by us, and none of the Toyota Entities are responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us (or any of the other Toyota Entities). If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from the Site or relating to any applications you use or install from the Site. We may also make available or provide access to products and services of Third Parties. Such products or services shall be purchased and/or obtained directly from such Third Party. YOU ACKNOWLEDGE AND AGREE THAT THE TOYOTA ENTITIES SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES OR ON SUCH LINKED THIRD PARTY SITES.
20.0 NO EMPLOYMENT RELATIONSHIP BETWEEN YOU AND TOYOTA
You understand and agree that no fiduciary relationship is established between you and us (or any of the other Toyota Entities) by your use of the Service. Your use of the Service shall not be deemed to create the relationship of employer and employee, or principal and agent, joint venturer or partner between you and Toyota (or any of the other Toyota Entities). Further, you recognize that you are not entitled to any compensation or to participate in or receive any fringe benefits normally granted to Toyota's employees under such programs including, but not limited to, workers' compensation, voluntary disability, travel accident insurance, medical/dental insurance, life insurance, long-term disability, holiday pay, sick pay, salary continuation pay, leaves of absence (paid or unpaid), pension plan and savings plan or lease vehicle program.
You understand and agree that no fiduciary relationship is established between you and us (or with any of the other Toyota Entities) by your use of the Service. If you receive private or confidential information from Toyota or any of the other Toyota Entities, or respective designees, ("Confidential Information"), you acknowledge and agree that you have no proprietary interest in the Confidential Information and will not disclose, communicate nor publish the nature or content of such information to any Person, nor use, except as authorized in writing by Toyota, any of the Confidential Information you produce, receive, acquire or obtain from Toyota or any of the other Toyota Entities, or their respective designees, including without limitation, their respective advertising and promotions agencies. You will take all necessary steps to insure that the Confidential Information is securely maintained. In the event you becomes legally compelled to disclose any of the Confidential Information, you will provide Toyota with prompt notice thereof and shall not divulge any information until Toyota (or the other Toyota Entities, or their respective designees, including advertising and promotions agencies, as applicable), has had the opportunity to seek a protective order or other appropriate remedy to curtail such disclosure. If such actions by Toyota (or the other Toyota Entities, or their respective designees, including their respective advertising and promotion agencies, as applicable) are unsuccessful, or Toyota (or the other Toyota Entities, or their respective designees, including their respective advertising and promotions agencies, as applicable) otherwise waives its/their right to seek such remedies, you shall disclose only that portion of the Confidential Information which you are legally required to disclose.
22.0 DISPUTES BETWEEN MEMBERS
To the extent the Site permits communication among Members or participants, you understand and agree that you are solely responsible for your interactions with other Members or other third parties. Toyota reserves the right, but has no obligation, to monitor disputes between you and other Members (and other third parties) and to terminate your membership and access to the Site if Toyota determines, in its sole discretion, that doing so is prudent.
See Toyota Privacy Statement, available here, for an explanation of our collection and use of personal information under this Agreement, but see also Section 3 hereof.
You agree to defend, indemnify and hold harmless Toyota and its parent, subsidiaries and affiliates, and their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers, representatives, agents, contractors and shareholders, successors and assigns (collectively, "Toyota Entities"), from and against all the liabilities, claims, damages, costs and expenses (including without limitation, reasonable attorneys' fees and costs) arising out of your use of the Site, the Service or any content (including without limitation, any of your Submissions), your breach or alleged breach of this Agreement, or your breach or alleged violation of the copyright, trademark, proprietary or other rights of third parties.
25.0 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, THE SERVICE OR ANY CONTENT IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF THIS SITE AND/OR THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE AND/OR PARTICIPATION. YOU AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. THE TOYOTA ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT TOYOTA ENTITIES SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE, THE SERVICE OR ANY FEATURE OR CONTENT OF THE SITE OR THE SERVICE. THE TOYOTA ENTITIES MAKE NO WARRANTIES THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, THE SERVICE (OR ANY DOWNLOADS OR OTHER FEATURES THEREOF) OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, NONINFRINGING OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US (OR ANY OF THE OTHER TOYOTA ENTITIES) OR THROUGH THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE TOYOTA ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE OR THE SERVICE OR ANY PRODUCT OR SERVICE PROVIDED BY A THIRD PARTY IN CONNECTION WITH THE SERVICE. IN PARTICULAR, IF THERE ARE ANY CONTESTS ON THIS SITE, ANY PRIZES FOR THE CONTEST ARE PROVIDED BY OUR PRIZE SUPPLIER AND MAY NOT BE INDEPENDENTLY VERIFIED BY US. ANY DECISION OR ACTION TAKEN BY YOU ON THE BASIS OF INFORMATION OR CONTENT IS AT YOUR SOLE DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, TOYOTA ENTITIES AND THEIR LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE OR CONTENT, INCLUDING WITHOUT LIMITATION THE SUPPLIERS OF ANY CONTEST PRIZES) (COLLECTIVELY, "RELEASED PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND SPECIFICALLY DISCLAIM LIABILITY, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICE OR ANY CONTENT. THE RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICE. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES. YOU HEREBY RELEASE AND DISCHARGE EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE, THE SERVICE OR ANY CONTENT, OR THE USE BY TOYOTA OR ITS DESIGNEES OF ANY RIGHTS GRANTED BY YOU.
26.0 INTELLECTUAL PROPERTY RIGHTS
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in or practiced in connection with the Site, the Service and the content (collectively, "Toyota Intellectual Property Rights") are owned by the Toyota Entities or its licensors, and you agree to make no claim of interest in or ownership of any such Toyota Intellectual Property Rights. You acknowledge that no title to the Toyota Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service or the content other than the rights expressly granted in this Agreement. Without limiting the generality of the foregoing, you acknowledge and agree that the trademarks, logos and service marks, whether registered or unregistered (collectively, the "Trademarks") used on the Site, including "Toyota", "Scion", and "Lexus", are Trademarks of Toyota Entities or third parties. Nothing contained on the Site or obtained through the Service (including any content) should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trademarks without our written consent and/or the consent of such third party that owns the Trademarks. Any use of the Trademarks on the Site is prohibited.
27.0 COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT
We respect the intellectual property of others, and we ask our users to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
27.1 a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
27.2 a description of the copyrighted work or other intellectual property that you claim has been infringed;
27.3 a description of where the material that you claim is infringing is located on this Site;
27.4 your address, telephone number, and e-mail address;
27.5 a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
27.6 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail:
c/o Toyota Customer Experience-Mailstop WC11
Toyota Motor Sales, U.S.A., Inc.
Torrance, California 90501
By phone: 1-800-331-4331
By facsimile: 310-468-7814
By e-mail: http://toyota.custhelp.com/cgi-bin/toyota.cfg/php/enduser/ask.php
You agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Site or the Service (including without limitation, any alleged violation of this Agreement, any controversy relating to the arbitrability of any dispute, or any claim that this Agreement (or any part thereof) is invalid, illegal or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your use of the Site or the Service, or otherwise accessing the Site or the Service, but in no event attorneys' fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site, the Service or any content or other material used or displayed on the Site or the Service.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, your rights and obligations, or our rights and obligations in connection with the Site or the Service, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
29.1 Notices And Announcements. Except as expressly provided otherwise herein, all notices to Toyota shall be in writing and delivered via overnight courier or certified mail, return receipt requested, postage pre-paid, to:
Toyota Customer Relations - Mailstop WC11
19001 S. Western Ave.
Torrance, CA 90501
We may, if we elect, send any and all notices to you to the last known address that you provided via the Data You Provide. You agree that notice to you shall be deemed given 24 hours after an e-mail or inmail is sent (unless we receive notice that the e-mail or inmail address is invalid), and may be sent to you by certified mail, postage pre-paid (in which case, notice shall be deemed received three (3) days after the date of mailing).
29.2 Severability. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
29.3 Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Site and the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement; PROVIDED, HOWEVER, THAT THE TERMS OF THIS AGREEMENT SUPPLEMENT, AND DO NOT SUPERSEDE, THE TERMS OF ANY OFFICIAL CONTEST RULES ON THIS SITE. To the extent there is any conflict between the terms of this Agreement and the Official Contest Rules of any contest on this Site, the terms of the Official Contest Rules control.
29.4 Assignment And Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.
29.5 Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Toyota. The remedies of Toyota under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under this Agreement shall not constitute a waiver of such right.
29.6 No Third Party Beneficiaries. This Agreement is solely for your and our benefit. It is not for the benefit of any other Person, except for permitted successors and assigns under this Agreement.
29.7 Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
29.8 Survival. In the event this Agreement terminates as provided herein, Sections 3.0, 4.0, 9.0, 13.0, 18.0, 19.0, 20.0, 21.0, 22.0, 23.0, 24.0, 25.0, 26.0, 27.0, 28.0, and 29.0 of this Agreement, and those provisions which by their nature should survive, shall survive such expiration or termination.
Any questions or comments regarding, or problems with, the Site should be sent to the Site Administrator at email@example.com.