Toyota Trail Tracker


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Please read and agree to Terms of Service.

Effective Date: June 24, 2009

WELCOME TO The Toyota Trail Tracker site at www.trailtracker.com (the "Site").  This Site is operated by EveryTrail, Inc. for the benefit of Toyota Motor Sales, U.S.A., Inc. (hereinafter referred to as "Toyota").  This Site is open to all permanent, legal residents of the continental United States 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, or to download or upload any content to the Site.  These terms of use constitute a legal agreement ("Agreement") between you and Toyota, and (if using a GPS or other mobile device to access and/or use this Site) between the subscriber of a participating mobile communications carrier ("Subscriber") and Toyota.  By completing the registration process on this Site OR by downloading or uploading content to or from a mobile device, computer or other equipment, you (if using a mobile device or other equipment to access and/or use this Site) represent that you are: (1) 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);  (2) a Subscriber, or have the consent of a subscriber of a participating mobile communications carrier to sign up for and use the Site on behalf of the Subscriber; and (3) agree on your behalf (and, if you access and/or use the Site with any mobile device or other equipment, on behalf of the Subscriber) to be bound by these terms and conditions of this Agreement.  Even if you do not complete the registration process, download or upload any content, or otherwise use or access the Service, you will be bound by the terms and conditions of this Agreement (to the extent applicable to you) when you visit this Site.  Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at questions@trailtracker.com.

In this Agreement, "you" and "your" refer to each viewer, visitor, or user of the Site (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.

Please note that we may at any time revise this Agreement by updating this posting.  You are bound by such revisions and should therefore visit this page to review the current terms and conditions of this Agreement from time to time. NOTE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ONLY APPLY TO THE USE OF THIS SITE, AND OTHER WEB SITES PROVIDED BY TOYOTA, SUCH AS TOYOTA.COM, HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.

1. DESCRIPTION OF SERVICE

As part of the services offered on this Site, Toyota provides you with the opportunity to upload, download, view, or otherwise use content concerning driving trails, such as maps, photographs, graphics, text, video and other information data (the "Service') via the Internet.  In the future, Toyota may provide this Service via SMS, MMS, WAP, BREW and other means of mobile and other content delivery to certain compatible mobile devices, equipment and computers.  You acknowledge and agree that the Service is for your personal, noncommercial use on the mobile device, equipment or computer designated at the download, upload, registration, or otherwise.  You agree that you may not transmit, broadcast, upload or download from or to any computer, equipment or mobile device, create derivative works of, or make commercial use of the Service or any material obtained through the Service except as specifically permitted under this Agreement.  You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, reengineer, decrypt, break or otherwise alter or interfere with the Service.

2. REGISTRATION AND ACCESS TO SERVICE

(a) Access to the Service:  In order to use the Service, you must have (i) a mobile communications subscription 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 upload or download content, and/or (ii) a computer with Internet access to permit downloads and uploads to and from your computer, 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 or other equipment).  In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device and/or computer (with Internet access) that is in working order and suitable for use in connection with the Service.  You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Toyota's or this 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.  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 in your use of the Service.

(b) Registration Data:  If you opt to register for the Service on this Site, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, or (in the event you are not the Subscriber) the Subscriber has not consented to your registration for 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). You acknowledge and agree that we may send you important information and notices regarding your account and the Service by e-mail (or, in the future, by text messaging).  You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service.

(c) Uploading Content: You are solely responsible for the photos, maps, messages, notes, text, information, music, video, advertisements, listings and other content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that Toyota may, but is not obligated to, review the Site and may edit, modify, delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Toyota.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Toyota Parties (as defined below) an irrevocable, perpetual, nonexclusive, transferable, fully paid and royalty-free worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You acknowledge that the Company may retain archived copies of your User Content.  Toyota does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

(d) Downloading Content:  You acknowledge and agree that the content made available as part of the Service is protected by intellectual property laws.  By downloading content, you hereby accept, a limited, nonexclusive, nontransferable, revocable right and license to download and use the object code version of the downloaded content and the Service on a designated compatible mobile device, other equipment or computer solely for your own personal, noncommercial use.  You further acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute (except as specifically permitted in the "Forward to a Friend" tabs set forth in the Site, and in those instances your friends should only use such items for their own personal use, and for no other purpose), sell, create derivative works of or otherwise use or make available the downloaded content except as expressly provided in this Agreement.  No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile or other content downloaded on your mobile device, other equipment or computer, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile or content downloaded on your mobile device, other equipment or computer.

(e) Modifications, Interruptions or Discontinuation of Site:  Toyota reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Site, or portions thereof, with or without notice to you. Without limiting the generality of the foregoing, Toyota reserves the right to delete, add to or modify the Site content for any reason at any time, and to modify, delete (or block your access to) any portion of the Site in the event we reasonably determine that the Site, your use of the Site or any element used to create the Site, infringes on or violates, or could infringe on or violate, any third-party right or any applicable laws or government regulations.

(f) Third-party Products and Services:  We may make available or provide access to products and services of independent third parties either directly or via links to Web sites operated by such third parties.  Such products or services shall be purchased and/or obtained directly from such third party.  You acknowledge and agree that TOYOTA 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 WEB SITES.

(g) Referral Programs; Forward to a Friend Opportunities:  If you register for the Service, we may offer from time to time referral programs that permit you to submit information about other persons (each, a "Referred Person"), including, without limitation, e-mail addresses, wireless telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the Service.  We will use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose.  You may only refer persons with whom you have a personal relationship.  You must have obtained the written 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 and be able to register for the Service, upload or download any mobile or other content 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.  We 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, we 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.  We 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 e-mail, 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 on 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 any applicable laws, rules or regulations or the terms and conditions of this Agreement.
 
(h) User-generated Content:  The Service and the Site contain information, facts and opinions from various individuals and organizations ("User-generated Content").  The User-generated Content may be used for education or reference purposes only. No commercial or other use, distribution, or reproduction is permitted.  THE USER-GENERATED CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE RELEASED PARTIES DO NOT ENDORSE NOR ARE THEY RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT CONTAINED IN THE USER-GENERATED CONTENT, AND IN PARTICULAR ANY DRIVING TIPS PROVIDED. YOU SHOULD BE AWARE THAT ANY INFORMATION IN THE USER-GENERATED CONTENT MAY BE INCORRECT OR MISLEADING AND IT IS YOUR RESPONSIBILITY TO TAKE PRECAUTIONS WHEN USING THE INFORMATION CONTAINED THEREIN, AND, IN PARTICULAR, ANY TIPS REGARDING DRIVING AND/OR DRIVING SKILLS.

(i) User Conduct:  Site usage includes the ability to upload information about driving trails and express your opinion on driving trails, as well as other interactive features.  We want everyone who is a part of the Site to have a good time.  This requires you, the Users, to use sound judgment when posting content to the Site.  This code of conduct provides guidelines for constructive, respectful and productive use of the Site.

As part of this code of conduct, you agree:

1. that no materials of any kind submitted through your account or otherwise posted, transmitted or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material;
 
2. that you will not post anything that disparages the Site or the Toyota brand;
 
3. that you will not misuse Toyota, or another company or individual's property;
 
4. that you will not post or upload inappropriate communications, including but not limited to, material which: (a) could be construed as obscene, pornographic, violent, defamatory, offensive, discriminatory, inflammatory, threatening, insulting, harassing or disparaging of others; (b) is intended to solicit or proselytize to others for commercial ventures, religious or political causes; and (c) promotes any unlawful or improper purpose or any unsafe activity, including but not limited to, gambling, participating in chain letters and pyramid schemes, or breaking into or "hacking" into the computers or intercepting the transmissions of others;
 
5. that you will not transmit or assist in promoting the transmission of junk mail, chain letters, or unsolicited mass mailing, instant messaging, spimming or spamming; Promoting, selling or spamming on behalf of any others' products or brands; Creating or utilizing technology to generate fraudulent point activity including bots, spiders, e-mail or IM spam;
 
6. that you will not upload or post any computer viruses, harmful files or programs; and
 
7. that you will not post material that is otherwise unlawful, or use the Site in an unlawful, or otherwise inappropriate manner (as determined by Toyota). 
 
The above rules are not exhaustive.  One important thing to keep in mind is that You Could be Held Legally Liable For Things You Do or Post on this Site. When you choose to go public with your opinions, comments, or content, you are legally responsible. In essence, you post at your own risk. Outside parties actually can pursue legal action against you for postings.
 
We reserve the right to monitor any uploading, or remove any uploads, that we determine is spam, off-topic, or violates this Agreement and any other code of conduct posted on this Site or is otherwise inappropriate as we determine in our sole discretion.  Note, however, that we have no obligation to review the submitted content and specifically disclaim any responsibility or liability for them.

3. PRIVACY

See Toyota privacy policy, available here, for an explanation of our collection and use of personal information under this Agreement.

4. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Toyota and its parent, subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotional agencies (as well as EveryTrail, Inc. and its contractors that support this Site), together with their respective employees, agents, directors, officers and shareholders (collectively, "Toyota Parties"), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this Site and/or any Service, 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.

5. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR ANY SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OTHER EQUIPMENT OR COMPUTER, OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THIS SITE, THE SERVICE AND/OR DOWNLOAD(S).  YOU AGREE THAT THE SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT.  YOU ACKNOWLEDGE AND AGREE THAT TOYOTA PARTIES SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SITE AND/OR ANY SERVICE, OR ANY PART THEREOF.  TOYOTA MAKES NO WARRANTIES THAT THIS SITE, THE SERVICE, OR ANY MATERIAL OBTAINED THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE USER-GENERATED CONTENT) WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, NONINFRINGING OR ERROR FREE.  YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY AND ALL CHARGES, COSTS AND/OR EXPENSES FOR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY CHARGES ARISING FROM DISRUPTED, DUPLICATIVE AND/OR INCOMPLETE DOWNLOADS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE AND/OR ANY SERVICE. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION THAT YOUR USE OF THE MATERIAL DISPLAYED ON, OR OBTAINED THROUGH, THIS SITE (AND/OR THE SERVICE) IS NON-INFRINGING OF ANY RIGHTS OF ANY THIRD PARTY. In particular, some content of this Site is provided by the supplier or provider of goods or services, 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.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT TOYOTA PARTIES AND THEIR LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) (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.  TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS 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 THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF THIS AGREEMENT OR THE USE BY TOYOTA OR ITS DESIGNEES OF ANY RIGHTS GRANTED BY YOU.

6. 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 any Service (collectively, "Toyota Intellectual Property Rights") are owned by Toyota, its parent, subsidiaries or affiliates (collectively, "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, 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 this Site, including "Toyota," are Trademarks of Toyota Entities or third parties.  Nothing contained on this Site or obtained through the Service 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 this Site is prohibited.

7. 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:

(A) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
         (B) a description of the copyrighted work or other intellectual property that you claim has been infringed;
         (C) a description of where the material that you claim is infringing is located on this Site;
         (D) your address, telephone number, and e-mail address;
         (E) 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
         (F) 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.
         19001 South Western Avenue
         Torrance, California  90501
         By phone:  1-800-331-4331
         By facsimile: 310-468-7814
         By e-mail: www.toyota.com/copyrightagent

8. TERMINATION

We reserve the right to terminate this Agreement and your access to this Site or the Service immediately, without notice or any liability to you, if you fail to comply with any term or condition of this Agreement.  Upon termination of this Agreement, you agree to immediately remove all downloaded mobile and other content from your mobile device, other equipment, and computer.

9. DISPUTES
 
You agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, this 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 this Site or the Service, or otherwise accessing this 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 this Site or the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Site, the Service or any content or other material used or displayed on this 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 this Site or the Service, shall be governed by, and construed in accordance with, the laws of the state of California, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

10. MISCELLANEOUS

(a) 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 to:

Toyota Customer Relations - Mailstop WC11 
19001 S. Western Ave. 
Torrance, CA 90501

(b) 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.

(c) Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding this 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.

(d) 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.

(e) 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. 
 
(f) 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. 
 
(g) Survival: In the event this Agreement terminates as provided herein, Sections 2, 4, 5, 6, 8, 9 and 10 of this Agreement shall survive such expiration or termination.

I agree to the Terms of Service.

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