Legal InformationEffective Date: 12/30/2009
Welcome to the www.Scion.com (the "Site"). This Site is operated by Scion, a marque of Toyota Motor Sales, USA, Inc. (hereinafter referred to as "Scion") and materials on the Site are owned, for the most part, by Scion or its affiliated companies. The Site may also include materials owned 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 Scion.
In these Terms, "you" and "your" refer to each Visitor and his or her agents (unless the context requires otherwise), and "we", "us" and "our" refer collectively to Scion. These Terms explain our obligations to you, and your obligations to us in relation to the Use of this Site.
THIS SITE IS ONLY INTENDED FOR VIEWING IN THE CONTINENTAL UNITED STATES IF YOU ARE EIGHTEEN (18) YEARS OR OLDER and not a minor in your state of residence. If you are not an intended viewer, kindly do not use or view this Site.
This Site is for your personal, non commercial use. Any other use of the Site requires the prior written consent of Scion.
1. DESCRIPTION OF THIS SITE
This Site contains information regarding Scion and its products and promotional programs, including advertising, logos, trademarks, pictures, information, digital images, featured articles, surveys, contests and sweepstakes, and other content (collectively, "Content"), all of which is protected under copyright law and/or other federal and state laws. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented.
The Scion vehicles described on this Site contain uniquely American specifications and equipment and are offered for sale only in the continental U.S.A. The promotional programs offered on this Site are only available in the continental US and may be limited to particular states as described by the program. All pricing information referred to on this site is in U.S. dollars.
2. SIGN UP TO RECEIVE INFORMATION
You may opt-in to receive marketing materials from Scion, including news and special event and new vehicle information. If you opt-in you may be asked to provide your personal information to us so we can fulfill your request. It is completely voluntarily to opt-in to receive these materials.
You may also opt out of receiving any marketing materials from Scion at anytime by going to http://www.scion.com/scion/ssl/emailfriend/optout.do.
If you opt to receive information from this Site, you agree to provide true, accurate and complete information about yourself as prompted by the online forms. If we have reasonable grounds to suspect that the Personal Information is untrue, inaccurate or incomplete, we have the right to refuse any and all current or future requests you make through this Site.
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 Site.
3. RESTRICTIONS ON USE OF THIS SITE
As a condition of using this Site, you agree to the following rules:
- a. You may not copy, download, distribute (including without limitation, forwarding to others), modify, publish, transmit, display, sell, license, use, reuse, or create derivative works of any of the Content or other material displayed on this Site, including without limitation, the Scion name, logos, model names and any other trademark of Scion or its affiliated companies, for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary;
- b. You may not access or use this Site in any way that could or is intended to damage or impair the operation of this Site, or any content of or material displayed on this Site, or any server or network underlying this Site, or interferes with anyone else's use and enjoyment of this Site;
- c. You may not access or use this Site in any way that could or is intend to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation, rights of privacy or publicity;
- d. You may not access or attempt to access any data, information, system, or servers on which this Site is hosted or modify or alter this Site in any way;
- e. You may not transmit or broadcast any commercial messages, text, photographs, video or audio content; or
- f. You may not link to, frame, or otherwise, reproduce this Site without our prior consent, except that you may identify Scion products by name or link to this Site if you comply with the Guidelines for External Sites (http://www.scionav.com/page/legal-info) set forth below.
4. ACCESS TO THIS SITE
Scion reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Site's operation, or portions thereof, with or without notice to you.
5. THIRD PARTY PRODUCTS AND SERVICES AND LINKS
The Site may contain (or, if available, you may be sent through the Site) 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 Scion 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 Scion 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. SCION 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. SCION SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE LINKED TO THIS SITE, AND THE FACT SUCH LINKS ARE PROVIDED ON THIS SITE DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEBSITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEBSITE IS AT YOUR OWN RISK.
6. INTELLECTUAL PROPERTY; 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:
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: http://www.toyota.com/copyrightagent
NOTE: Communication to Scion with respect to any product complaint should be directed to Scion's Customer Relations Services at 800-331-4331, and not through this Site. Please do not submit ideas or suggestions regarding current or future Scion products, promotions or advertising. For legal reasons, we do not accept such unsolicited ideas or suggestions.
7. FORWARD TO A FRIEND OPPORTUNITIES
You may forward information from the Site to persons with whom you have a personal relationship (your "Friends") or email your Friends. We may request that you submit information about your Friend, including, without limitation, email addresses or social networks, and names so they may receive information you wish to send to them. We will use and store any such information that we collect from you about a Friend only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Friend consents to the use for such other purpose. We reserve the right to limit the number of Friends you can submit. We reserve the right to limit the number of transmissions to any particular Friends from time to time. You may not withdraw the contact information you provide for a friend once it has been submitted. The contact information for a Friend must be valid and functioning in order for us to contact him or her with the information you have requested we email to your Friend. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any e-mail address if 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 any request you make to forward to a Friend or email a Friend if (a) the contact information provided by you is incorrect or not valid, or (b) 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.
9. INDEMNITY AND HOLD HARMLESS
You agree to defend, indemnify and hold harmless Scion and its parent, subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders (collectively, "Scion 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, your breach or alleged breach of these Terms, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
10. DISCLAIMER OF WARRANTIES
You understand and agree that your use of the Site is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of this Site.
This Site and its Content are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, expressed, implied or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Scion makes no warranties that this Site or any material obtained through herein will meet your requirements, or that this Site will be uninterrupted, timely, secure, non-infringing or error free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for use of the Site. No advice or information, whether oral or written, obtained by you from us or through this Site 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. We do not make any warranty or representation that your use of the material displayed on, or obtained through, this Site is non-infringing of any rights of any third party.
Any decision or action taken by you on the basis of information or content provided on this site is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on this Site.
11. LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY
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.
12. NO OFFER TO SELL OR LEASE
All of the information contained in this Site is for information purposes only and in no way constitutes an offer to buy or sell Scion vehicles. The purchase of any Scion vehicle shall be subject to the terms and conditions of the applicable sale, lease or retail installment contract. The MSRPs (Manufacturers Suggested Retail Price) listed on this site exclude tax, title, license and registration. Actual dealer price may vary. This site shall not be used or relied upon by you as a substitute for information that is available to you from an authorized Scion automobile dealer.
13. GUIDELINES FOR EXTERNAL SITES
If you would like to use Scion information or link to Scion.com, please read and comply with the following guidelines and all applicable laws.
External Site Use of Scion Information
Third-party sites must have prior written approval before using any text, trademarks, graphics or photographs from any Scion source, such as Web sites or brochures.
Third-party sites may use brand or model names in site texts only to the extent necessary to identify Scion products. Any other use of Scion brand names or any use of Scion logos, trademarks, service marks, model names or service names is expressly not allowed. Also not allowed is the use of text or any other material in any way that implies sponsorship, approval of or affiliation with Scion.
External Site Naming Guidelines
Third parties may not use a brand, product name or other confusingly similar word or group of letters in a domain name (similar to the brand names, trademarks and/or trade names of Scion and/or its affiliated companies) without prior written Scion approval.
Third-party sites must not in any way imply that Scion is endorsing it or its products or services; must not misrepresent its relationship with Scion; must not present false information about Scion; must not be a site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and must not be a site that contains content that could be construed as distasteful, offensive or controversial.
Linking to Scion.com
Third-party sites may not use links to Scion.com in any way that implies sponsorship or affiliation. Furthermore, when linking to Scion.com, that site may not appear as a frame within the site that provides the link or appear in any way that makes the destination site appear to be content belonging to the site containing the link.
External Site Disclaimer
Third-party sites must include a prominently displayed disclaimer on the home page stating that the site is not authorized by or affiliated with Scion.
(a) Notices And Announcements: Except as expressly provided otherwise herein, all notices to Scion 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
(c) Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us regarding this Site and supersedes all prior agreements and understandings with respect to the subject matter of these Terms.
(d) Waiver: The remedies of Scion set forth in these Terms 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 these Terms shall not constitute a waiver of such right.