Terms and Conditions

GENERAL

TOYOTA IN ACTION

TERMS AND CONDITIONS

Effective Date or Date Last Updated: September 28, 2011

1. WHO CAN ACCESS AND USE THIS WEBSITE

Welcome to the www.ToyotaInAction.com website (“Site”). This Site is operated by or for the benefit of Toyota Motor North America (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. 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, instruction and/or additional terms and conditions contained in this Site, constitute a legal agreement (collectively, the “Terms” or “Agreement”, which included any and all modifications hereof) between you and Toyota, and if the Site has a mobile element, between the subscriber of a participating mobile communications carrier (“Subscriber”) and Toyota. You will be bound by these Terms (to the extent applicable to you) when you visit the Site. In this Agreement, “you” and “your” refer to each viewer or user (including the Subscriber on whose behalf you are entering into this Agreement), and his or her agents (unless the context requires otherwise), and “we”, “us” and “our” refer collectively 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 and conditions may reference features, services, applications and 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 and conditions to understand the terms that apply to any features, services, applications and 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 WEBSITES PROVIDED BY TOYOTA, SUCH AS SCION.COM HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE WEBSITES.

3. AGE AND OTHER REQUIREMENTS

To use the Site, you must (1) be at least 18 years of age (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi); You shall be deemed to have agreed to the Terms by:

  1. by downloading content to a mobile device or a social network account, if available,from this Site, or
  2. by downloading content to any other device or equipment, including without limitation, downloading any wallpapers, screen savers and/or audio or video to any computer, from this Site, or
  3. viewing or otherwise using this Site and/or Service.
  4. SERVICES THAT MAY BE AVAILABLE THROUGH THE SITE AND RESTRICTIONS ON YOUR USE OF THE SERVICES

The Service may consist of one or more of the following features permitting you to: (a) download text, video, photographs and/or other content onto a computer, mobile device or to a social networking website or any other website via the Internet and/or on MSN Instant Messenger or above (collectively, “ Download”), and/or (b) view the Site. You acknowledge and agree that the Service is for your 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 Download (the foregoing materials shall be deemed “content” for the purpose of this Agreement), except as specifically permitted in this Agreement. 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.

4. 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.

5. REQUIREMENTS FOR DOWNLOADS THROUGH THE SERVICE

6.1 Downloads Generally; PC Downloads. You may obtain certain Downloads, if available, when you visit this Site. If Downloads are available through this Site, and you wish to Download content to a personal computer, you must have a computer capable to download such content.

6.2 Mobile Services. If permitted or available through this Service, (a) browse the Service from your mobile device and/or (b) to 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 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). This Service may not be optimized for use on a mobile device.

6.3 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.

7.0 EVENTS

You may be invited or asked to attend events sponsored by the Toyota Entities or events held by users of the Site which are not in any way associated with any of the Toyota Entities 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 the Toyota Entities (and their designees) may film and record any of the Events sponsored by any of the Toyota Entities 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 the Toyota Entities (and their 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.

8.0 FORWARD TO A FRIEND OPPORTUNITIES

The Site may offer you the opportunity to share information from this Site with your friends (each, A “Friend”) utilizing social networking websites. You may only use this Site to contact Friends with whom you have a personal relationship. You must have obtained the consent of the Friend prior to contacting your Friend with information from this Site. You may not withdraw the contact information you provide for a Friend once it has been submitted. You may not withdraw any emails to your Friends or social networking postings you make once they’ve been submitted. A Friend 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 use the Service. The Toyota Entities reserve the right to reject the participation of any Friend 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.

If you engage in improper behavior with respect to a contacting a Friend through this Site, as we determine in our sole discretion, we reserve the right to discontinue the Service to you. 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 Friend (or any third party), you agree not to use such Service to harm the Friend 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 or the terms and conditions of this Agreement.

6. 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.

7. OPERATION OF SERVICE AND RESTRICTIONS

  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.
  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.
  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.
  4. Restrictions on Use: Notwithstanding anything to the contrary contained herein, you may not:

10.4.1 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;

10.4.2 incorporate the Service into any computer chip or the firmware of a computing device manufactured by or for you;

10.4.3 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);

10.4.4 use or export the Service in violation of applicable U.S. laws or regulations;

10.4.5 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

10.4.6 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.

8. 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 website 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.

9. 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 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.

10. CONFIDENTIALITY

You understand and agree that though 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 your 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 other Toyota Entities, or their respective designees, including their respective 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 other Toyota Entities, or their respective designees, including their respective advertising and promotion agencies, as applicable) are unsuccessful, or Toyota (or 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.

11. PRIVACY

The privacy of your personally identifiable information is important to Toyota. On this Site, Toyota does not collect any personally identifiable information. Toyota may have other websites where personally identifiable information is collected. You must read the Privacy Statement on the particular Toyota website to understand what is collected and how it is use and shared.

12. INDEMNIFICATION

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 (Toyota together with all of the foregoing entities and persons shall sometimes collectively be referred to as the “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.

13. 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.

14. 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.

15. 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:

21.1 a physical signature of the Person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

21.2 a description of the copyrighted work or other intellectual property that you claim has been infringed;

21.3 a description of where the material that you claim is infringing is located on this Site;

21.4 your address, telephone number, and e-mail address;

21.5 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

21.6 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:

Copyright Agent
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://www.toyota.com/copyrightagent

16. DISPUTES

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.

17. MISCELLANEOUS

  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).

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Survival: In the event this Agreement terminates as provided herein, Sections 18, 19, 20, 22 and 23 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 administrator@toyotainaction.com