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Hybrid Synergy Drive / presented by Toyota

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Effective as of April 22, 2008 (Continental United States Only.) Welcome to the Toyota Engines of Change site at www.toyotaenginesofchange.com (the “Site”). This Site is operated by Campos Creative Works, Inc. (“CCW”) for the benefit of Toyota Motor Sales, U.S.A., Inc. (hereinafter referred to as "Toyota") and materials on the Site are owned by Toyota or by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Active or 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 use the services offered on, or to submit materials to, this Site (collectively, “Service”). If you are not an intended viewer, kindly do not use or view this Site. These terms and conditions of Service constitute a legal agreement ("Agreement") between you, on the one hand, and CCW and Toyota, on the other hand. By accessing or using this Site, you (1) represent that you are 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); and (2) agree to be bound by the terms and conditions of this Agreement. Even if you do not complete any registration process where required, 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 info@toyotaenginesofchange.com. In this Agreement, "you" and "your" refer to each customer and his or her agents (unless the context requires otherwise), and "we", "us" and "our" refer collectively to Toyota, and its parent, subsidiaries, affiliates, and their respective dealers, dealer associations and distributors (“Toyota Entities”) and CCW. 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 WEBSITES PROVIDED BY TOYOTA, SUCH AS TOYOTA.COM, HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. 1.0 Access to Service and Registration 1.1 Access to the Service: In order to use the Service, you must provide all equipment and software necessary to connect to the Service. If you download to your cellular phone, you must have a mobile communications subscription with a participating carrier or otherwise have access to any carrier services necessary to download content (e.g., T-Mobile's T-ZonesTM), 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). 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. 1.2 Identification/Registration: You may access this Site without registering as a user and in each such case your identification is based on means of identification that we deem appropriate. However, certain features (“Features”) of the Service require registration, including but not limited to, uploading and downloading of information on the Site. In order to use any such Features, you must first agree to sign up to receive more information and register on the related Features page of the Site. Once you have registered for the particular Feature on this Site, you shall be deemed a “Registrant” and have agreed to: (a) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data"), and (b) 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, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding the Site by email, text messaging or other means based on the information you provide to us. You acknowledge and agree that neither Toyota nor CCW shall have any 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 Site. 1.3 Sign-Up for More Information: On the Site, you may request to receive information related to special offers from Toyota, including without limitation product news, Site updates, and whether you would like to have your local dealer contact you directly. You have no obligation to receive any such information, and this does not impact your access to the Site. However, in order to upload or download information you must agree to receive information from Toyota Motor Sales, U.S.A., Inc.. 1.4 Limitations on Use: As part of the Service, Toyota may provide information, entertainment and other content. You acknowledge and agree that the Service is for your personal use only. Except as provided herein, you may not copy, download, disseminate, modify, publish, transmit, display, sell, license, use, reuse, or create derivative works of any of the contents of or material displayed on this Site for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary. You may, however, distribute content available on the Site though those features that specifically permit you to do so, and forward links to the Site with the understanding such distribution should be done only to friends for their personal use only, and not for any other purpose. You may not access or use (or otherwise authorize, encourage or support others' attempts to use) this Site in any way that could or is intended to damage or impair the operation of this Site, or any content or material displayed on this Site, or any server or network underlying this Site (including, without limitation, circumventing, re-engineering, decrypting, breaking or otherwise altering or interfering with the Service), or interferes with anyone else's use and enjoyment of this Site. 1.5 License to Download(s): You acknowledge and agree that any download(s) that may be made available as part of the Service are owned by us and/or licensors, as applicable, and are protected by intellectual property laws. You further acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative works of or otherwise use or make available any download(s) except as expressly provided in this Agreement. No rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content download(s). 1.6 Downloads Generally: You may choose a variety of Downloads to your computer or push Downloads to your cellular phone. These Downloads include photographs, wallpaper and ring tones. For more information, please visit the Cellular Phone Text Messaging & Push to Phone FAQs page. 1.7 Cellular Phone Downloads / Push to Cellular Phone: You acknowledge and agree that any Downloads you may request to your cellular phone may be charged in accordance with your carrier’s standard text message charges. Other charges by your carrier may apply. If you wish to opt out or unsubscribe from the Toyota Engines of Change Promotion, send a text message with the keyword STOP, QUIT, CANCEL, END, or UNSUBSCRIBE to 20964 and you will no longer receive any communication from Toyota. You can also unsubscribe by emailing us at admin@blastcompanies.com (subject: Toyota Engines of Change Unsubscribe; enter your phone # in the body of the email). This offer to Download is available only to U.S. mobile phone users who can receive text messages, including the following carriers: ATT/Cingular, Sprint/Nextel, Alltel, Metro PCS, Telus Mobility, T-Mobile, and Virgin Mobile. 1.8 Forward to a Friend Opportunities: If you register on the Site, we may offer from time to time opportunities that permit you to forward information, including your photographs taken at events, from the Site to your friend (“Friend”). We reserve the right to limit the number of Friends to whom you can forward information. We reserve the right to limit the number of transmissions to any particular Friend from time to time. You may not withdraw the contact information you provide for a Friend once it has 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 register on the Site, download any mobile content or otherwise use the Service. The contact information for a Friend 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 Friend 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 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. We specifically disclaim any liability for exercising such right. We may, at our discretion, send you a confirmation using any means available through the Site, including email, text and other forms of messaging, to inform you that your message was forwarded to the Friend. 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 forward to a friend opportunity or otherwise engage in improper behavior with respect to forwarding information to a friend, 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 forward to a friend opportunities without notice, reason or liability. If you are using the Site 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 any applicable laws, rules or regulations or the terms and conditions of this Agreement. 1.9 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. 2.0 Programs, Information And Activities All programs, information and activities on the Site are designed for you to benefit from and appreciate the many parallels between your own athletic endeavors and the many benefits of the Toyota Hybrid Synergy Drive system, where efficiency and performance are paramount. Please note that your use of any features of the Site and your participation in any athletic events, whether or not they are referenced in any way on any aspect of this Site, is at your own risk and you agree to release and hold the Released Parties (as defined in Section 5.0 below) harmless from and against any loss, damage, cost, liability or expense, including without limitation, any injury or death to you or your minor children or wards, resulting from participation in the clinics and activities. 2.1 Tree of Change Activity: The Tree of Change Activity (“Activity”) asks you to share how or why you compete, attend triathlons and/or support an athlete. Uploaded Content for the Tree of Change will be solely accepted through the Tree of Change section, in accordance with the rules that are described therein. The listing of this Activity does not indicate that it is available to you now or that it will ever be made to you or any other user or potential user. Neither Toyota nor CCW shall have any liability resulting from Uploaded Content, nor if this Activity (or any Activity) is cancelled. Your participation in the Activity will be subject to this Agreement, including without limitation, any other terms or rules that we may subsequently post to the Site generally, and any rules as they may be specifically related to the Activity. 2.2 Uploaded Content: You can upload information, limited to 100 characters, about how or why you compete, attend triathlons and/or support an athlete (“Uploaded Content”), so long as such Uploaded Content is solely your own original work, to a database which, at our sole discretion, may be used on features of the Site, and may be available for viewing by anyone at a race day. Uploaded Content shall comply with the format and file size as stated on the upload page. We will not be responsible for validating the ownership of the Uploaded Content a Registrant provides. We reserve the right to reject the use of any Uploaded Content for any or no reason, including without limitation, if (a) the Uploaded Content provided is clearly not an original work, (b) the Registrant has violated any provision of this Agreement, or (c) we determine in our sole discretion that the Uploaded Content of such individual might be harmful to us, this Site, any Service, or any third party for any reason. Toyota and Active specifically disclaim any liability for exercising such right. 2.3 Prohibited Content: You agree not to submit any Uploaded Content for posting on the Tree of Change page that are not original with you or are not owned by you. We reserve the right to monitor any posting or not post or remove any posting that we determine is spam, off-topic, or violates this Agreement and any other code of conduct posted on this Site or otherwise inappropriate as we determine in our sole discretion. Note, however, that we have no obligation to review the submitted materials and specifically disclaim any responsibility or liability for them. In addition to the use of the Uploaded Content, we may post online to the public any of the Uploaded Content submitted under this Agreement, at our sole discretion. Uploaded Content may not contain, as determined by us in our sole and absolute discretion, any content that: 1. is false and/or defamatory, inaccurate, libelous, abusive, vulgar, harassing or threatening, 2. is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; 3. promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; 4. is obscene or offensive; endorses any form of hate or hate group; 5. appears to duplicate any other submitted photographs; 6. defames, misrepresents, or contains disparaging remarks about other people or companies; 7. contains Trademarks (as defined in Section 6.0 below) or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others; advertises or promotes any brand or product of any kind other than Lexus, Toyota or Scion brand vehicles; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; 8. contains copyrighted materials owned by others (including photographs, video, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media); 9. embodies, or contains materials embodying, the names, likenesses, voices or other indicia identifying any person , including, without limitation, celebrities and/or other public or private figures, living or dead; 10. contains look-alikes of celebrities or other public or private figures, living or dead; 11. communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate for Toyota, Engine of Change, Toyota Hybrid Synergy Drive; and/or 12. violates any law. If you upload any Uploaded Content, you hereby waive, disclaim and forever release us for any damages (including without limitation, any demands, charges, and/or royalties of any kind or nature) that you ever had, now have or hereafter can, shall or may have that the Uploaded Content, or any part thereof, appears the same as (and/or similar to) the other images used or created by us or our designees. As with any other material posted on this Site, you may not copy, download, disseminate (including without limitation, forwarding to others, except as specifically permitted in this Agreement), modify, publish, transmit, display, sell, license, use, reuse, or create derivative works of any of the Uploaded Content displayed on this Site for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary. We make no representation or warranty as to any Uploaded Content whatsoever, including any material included therein. We reserve the right to reject any Uploaded Content, in our sole discretion, that we determine does not meet any of the criteria set forth above. Also, we reserve the absolute right NOT to accept any Uploaded Content for any reason, or no reason at all. 2.4 Public Display of Uploaded Content: 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 Uploaded Content that we believe does not violate the intent or purpose of this Agreement (e.g., incidental or insignificant uses of trademarks, logos, or copyrighted items). All Uploaded Content becomes our physical property and will not be returned. You agree that any Uploaded Content selected by us for public display may be used in accordance with the terms of this Section 2.4 and other sections of this Agreement. You further agree that if you submit Uploaded Content and it is selected by us for posting and display, you shall not license, sell, distribute or otherwise exploit the Uploaded Content for any purpose from the date of submission of the Uploaded Content to us until December 31, 2008 (the “Uploaded Content Exclusivity Period”), without our prior written consent in each instance. We shall have the right, but not the obligation, to use your name and other information about you in connection with any use of the Uploaded Content you submit, including without limitation, posting on-line and/or at race expos races. 2.5 Uploaded Content Generally: You warrant and represent that: (a) you are the sole and exclusive owner of the Uploaded Content you have submitted; (b) you have the full and exclusive right, power, and authority to submit the Uploaded Content that you post or submit, and to grant us the rights to the Uploaded Content herein granted upon the terms and conditions set forth herein; (c) no part of the Uploaded Content has previously been published; (d) no rights in the Uploaded Content have been previously granted to any person, firm, corporation, or other entity, or otherwise exercised or exploited; (e) your Uploaded Content is in keeping with our image and is not offensive or otherwise violate any part of this Agreement; (f) your Uploaded Content does 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; (g) if your Uploaded Content appears to endorse Lexus, Toyota, or Scion brand vehicles or any Toyota Entities, and/or implies 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 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). 2.6 Race Schedule: As part of the Site, Toyota provides you with a list of the various events that Toyota sponsors in 2008. The list may include the time and date of each race, which appears next to race logos that link to a specific race page, where permitted by race directors, or to each specific race’s website on the Internet. Where available, either on the race page of the Site or on a race’s own website, you should have access to course maps, spectator guides, and links to various interrelated pages, both on the Site and off of the Site. 2.7 Grant of License: You grant to us and our designees an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exploit the Uploaded Content 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; provided, however, such rights to such Uploaded Content be exclusive solely during the Uploaded Content Exclusivity Period, and shall be non-exclusive thereafter. We reserve all rights, including without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense, adapt, stream and download the Uploaded Content in any and all media now or hereafter known, including but not limited to, the Internet and outdoor billboards, throughout the world in perpetuity, related to the Toyota Entities, sales of our products (for example, sales of Toyota automobiles), Engines of Changes, Toyota Hybrid Synergy Drive and any other promotions sponsored by us. Any comments you submit to this Site may be used by us and our designees for any purpose, including, but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting any Uploaded Content to this Site, you irrevocably transfer and assign to us, and forever waive and agree never to assert, any copyrights or “moral” rights. We and our designees are free to use, without obligation of any kind (including without limitation, no obligation for any consent from, or notice or compensation to, you), any ideas, concepts, techniques, or know-how contained in any communication you send to this Site for any purpose whatsoever. You understand and agree that no confidential or fiduciary relationship is established between you and us by providing any Uploaded Content on this Site. 2.8 Third Party Products and Services: We may make available or provide access to goods and services of independent third parties either directly or via links to websites operated by such third parties. Such goods 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 GOODS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY GOODS OR SERVICES OF THIRD PARTIES OR ON SUCH LINKED THIRD PARTY WEBSITES. 2.9 No Commercial Use: The Site contains and/or provides access to information, facts and opinions from various individuals and organizations which may be used for education or reference purposes only. No commercial or other use, distribution, or reproduction is permitted. SITE COMPONENTS INCLUDING WITHOUT LIMITATION THE ” ENERGY TIPS”, “TECHNOLOGY TIPS” AND “PERFORMANCE TIPS” AND ANY INFORMATION CONTAINED THEREIN ARE 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 SUCH COMPONENTS. YOU SHOULD BE AWARE THAT THE INFORMATION CONTAINED IN THE SITE MAY BE INCORRECT OR MISLEADING AND IT IS YOUR RESPONSIBILITY TO TAKE PRECAUTIONS WHEN USING THE SITE. 3.0 Privacy See www.toyotaenginesofchange.com privacy policy, available here, for an explanation of our collection and use of personal information under this Agreement. 4.0 Indemnification You agree to defend, indemnify and hold harmless the Toyota Entities and their respective advertising and promotions agencies (including without limitation, CCW and its subsidiaries and affiliates), 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. 5.0 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, COMPUTER, CAMERA OR ANY OTHER DEVICE OR EQUIPMENT, AND/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. NONE OF THE TOYOTA PARTIES MAKES ANY WARRANTIES THAT THIS SITE, THE SERVICE. OR ANY MATERIAL OBTAINED THROUGH THE SERVICE OR SITE (INCLUDING, WITHOUT LIMITATION, THE ATHLETE TOOLBOX) WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. 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. IN PARTICULAR, SOME CONTENT OF THIS SITE IS PROVIDED BY OUR ELITE ATHLETE PARTNERS (INCLUDING WITHOUT LIMITATION, THE ” ENERGY TIPS”, “TECHNOLOGY TIPS” AND “PERFORMANCE TIPS”, AND MAY NOT BE INDEPENDENTLY VERIFIED BY US. ANY DECISION OR ACTION TAKEN 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’S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, 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, THE SERVICE OR DOWNLOAD(S), INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF THIS AGREEMENT OR THE USE BY TOYOTA OR ITS DESIGNEES OF ANY RIGHTS GRANTED BY YOU. 6.0 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 any Service or the Site (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 Site, 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 without limitation, “Engines of Change” and “Hybrid Synergy Drive”, are Trademarks of Toyota Entities or third parties. Nothing contained on this Site or obtained through the Service (including downloads) 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. 7.0 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: 1. a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on this Site; 4. your address, telephone number, and e-mail address; 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 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: Senior Vice President, General Counsel Campos Creative Works 1715 14th St. Santa Monica, CA 90404 By phone: 310-453-1511 By e-mail: admin@toyotaenginesofchange.com 8.0 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. 9.0 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 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. 10.0 Miscellaneous 10.1 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 to: Toyota Customer Relations – Mailstop WC11 19001 S. Western Ave. Torrance, CA 90501 10.2 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. 10.3 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. We may ask you to execute additional documents to confirm the understandings related to the use of this Site and/or Service, including without limitation, use of any Uploaded Content, participation in a Contest, and such agreement(s) shall supplement, but not supersede, the terms of this Agreement. 10.4 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. 10.5 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. 10.6 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. 10.7 Survival: In the event this Agreement terminates as provided herein, all of Sections, 2, 4, 5, 6, 9 and 10 of this Agreement shall survive such expiration or termination.
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