Terms of Use

Effective as of 2-6-2012

Welcome to the Toyota Camry Effect Website (the “Site”) at toyota.com/camryeffect, operated by Toyota Motor Sales, U.S.A., Inc. (hereinafter referred to as “Toyota”).

Please read these Terms of Use detailed below (the “Terms”), which set forth the legally binding terms governing your use of this Site.

In these Terms, “you” and “your” refer to each person who views or uses the Site (“Visitor”), and “we”, “us” and “our” refer collectively to Toyota. These Terms explain our obligations to you, and your obligations to us in relation to your use of this Site.

This Site is for your personal, non-commercial use. 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.

We may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms from time to time.

By using or visiting the Site you agree that you have read, understand and agree to be legally bound by these Terms. If you do not agree to these Terms, please do not use or visit the Site.

You can contact the Site administrator at support@camryeffect.com.

DESCRIPTION OF THIS SITE

Through this Site, Visitors can submit stories, photos, videos, answers to polls questions, and other information about themselves and their experiences with their Toyota Camry vehicles, and they can view such information submitted by others. The videos, photos, text and any other materials and information that you may upload or submit are collectively referred to as the “Visitor Materials.” The Site contains content such as logos, trademarks, pictures, information, digital images, text, data, music, sound, graphics, photographs, videos, software, and other content (collectively, “Content”), all of which is protected under federal and state law, including but not limited to, trademark, copyright, and/or patent law.

You may use your Facebook, Yahoo, Hotmail or Google Accounts in connection with the Site. If you choose to do so, then you must abide by Facebook and Google’s terms of use, available at http://www.facebook.com/terms.php?ref=pf and http://www.google.com/accounts/TOS, respectively.

Please note: Facebook and Google do not endorse this Site, they are not sponsors of the Site, nor are they associated with the Site.

WHO MAY SUBMIT VISITOR MATERIALS

If you wish to upload a video, submit a story or photo, or provide any other Visitor Materials, you must be a legal resident of the fifty (50) United States and the District of Columbia who is at least eighteen (18) years old. If you are under nineteen (19) years of age in Alabama or Nebraska, or under twenty-one years of age (21) Mississippi), you must obtain your parent’s or guardian’s consent. You may only submit materials that you own or have permission to use and you can only submit photos or videos of people who have given you consent to use their image.

IF YOU WISH TO HAVE VISITOR MATERIALS REMOVED FROM THE SITE BECAUSE YOU DID NOT PROVIDE PERMISSION FOR THEM TO BE SUBMITTED, OR YOUR IMAGE OR LIKENESS IS BEING USED WITHOUT YOUR PERMISSION, PLEASE CONTACT US AT SUPPORT@CAMRYEFFECT.COM. WE WILL INVESTIGATE YOUR REQUEST AND RESPOND TO YOU IN A COMMERCIALLY REASONABLE PERIOD OF TIME.

RESTRICTIONS ON USE OF THIS SITE.

As a condition of using this Site, you agree to the following rules:

You affirm that any statements that you make about Toyota or its products accurately reflect your personal beliefs and experience with Toyota’s products, and any opinions submitted are true to the best of your knowledge.

You may not copy, download, distribute, modify, publish, sell, license, use, reuse, or create derivative works of any of the Content within the Site, including without limitation, the Toyota name, logos, and any other trademark of Toyota or its affiliated companies, except solely to use the Site in accordance with its instructions.

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 in this Site, or any server or network underlying this Site, or interferes with anyone else’s use and enjoyment of this Site;

Please do not submit materials that contain any music, instrumental, vocal or otherwise. If you do, we will not be able to post your Visitor Materials;

You may not submit Visitor Materials that are obscene, offensive, or violent; show alcohol, drugs, tobacco, firearms/weapons; promote any activities that may appear unsafe or dangerous; promote any particular political agenda or message; defame, misrepresent or contain disparaging remarks about other people or companies; contain trademarks, logos, or trade dress owned by others, unless you have written permission; use celebrities and/or other public figures, or look-alikes of such people, living or dead; violate any law, or are otherwise inconsistent with the positive images and/or good will to which Toyota wishes to associate;

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; or

You may not transmit or broadcast any commercial messages, text, photographs, video or audio content.

We may, but are not obligated to, review the Site and may edit, modify, delete or remove (without notice) any text, photos, or other Visitor Materials in our sole discretion, for any reason or no reason. We reserve the right to suspend or terminate your participation in the Site if you are found to be in violation of these Terms. We reserve 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.

TOYOTA’S RIGHTS REGARDING MATERIALS.

By submitting, posting, or displaying any Visitor Materials on or through the Site, you automatically grant Toyota a worldwide, non-exclusive, royalty-free, irrevocable license to use and publicly display or re-display such Materials on the Site and in all media whatsoever, now known or hereafter developed, without limitation as to geographic scope, duration or frequency of usage (including, without limitation, the internet, e-mail blasts and mobile or text messages) that are used by Toyota or its agents in connection with the promotion, marketing, use, or expansion of the Site, or for any other purposes as Toyota may elect in connection with its marketing, advertising, and promotion efforts.

You represent to Toyota that you own all Visitor Materials you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all Visitor Materials you provide. You further represent to Toyota that such Visitor Materials do not infringe any third-party copyrights or other third-party intellectual property rights.

EQUIPMENT; SOFTWARE; AND DOWNLOADS.

From time to time, Content may be available for download from this Site (“Downloads”). You understand that any Download is owned by Toyota, its affiliate and/or licensors, as applicable, and protected by intellectual property laws. Toyota hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) on your own computer or mobile device that is compatible solely for your own personal non-commercial use and solely in accordance with the Site’s instructions. You 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 the Download(s). No license is granted to you in the human readable code, known as the source code, of the content downloaded, and no rights are granted to you in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content of any Download(s). No Downloads should be depicted on any merchandise of any kind.

You must provide all equipment and software necessary to connect to and use the Site, including, but not limited to, a computer and/or mobile device (with internet access) that is in working order and suitable for use in connection with the Site. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Toyota’s or this Site’s operations.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, 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 COMPUTER, MOBILE DEVICE, ANY OTHER EQUIPMENT, OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THIS SITE, AND/OR DOWNLOAD(S). YOU AGREE THAT THE SITE AND DOWNLOADS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

VISITOR INTERACTIONS.

We do not control Visitor Materials or other Visitor information that is made available through our Site. You may find such content and information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Site. You are solely responsible for your interactions with other Visitors. Because we are not directly involved in Visitor interactions, in the event that you have a dispute with one or more Visitors, you hereby release Toyota (and Released Parties as defined below) from any and all claims, demands and damages (actual, indirect and/or otherwise consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Visitors.

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 in 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 physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

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

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

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

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

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:

http://www.toyota.com/copyrightagent

OTHER COMPLAINTS AND COMMENTS TO TOYOTA

Communication to Toyota with respect to any product complaint should be directed to Toyota’s Customer Relations Services at 800-331-4331, and not through this Site. Please do not submit ideas or suggestions regarding current or future Toyota products, promotions or advertising. For legal reasons, we do not accept such unsolicited ideas or suggestions. For other complaints related to this Site, please contact the Site administrator at support@camryeffect.com.

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 through the Site, provided you give us the information about your Friend we need to fulfill your request, including, without limitation, email addresses or social networks, and names (“Friend Information”). We will use and store any Friend Information that we collect from you only to the extent necessary to carry out your request, and we will not use any Friend 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 and the number of transmissions you can submit to any particular Friends. You may not withdraw the Friend Information you provide once it has been submitted. Friend Information must be valid and functioning in order for us to fulfill your request. We will not be responsible for validating the Friend Information you provide. We may elect NOT to communicate with any e-mail address for any reason. In addition, we reserve the right to reject any request you make if (a) the Friend 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 Site or any third party for any reason. We specifically disclaim any liability for exercising such right. When you provide an individual’s Friend Information, you are granting us the right to contact that individual and you will be held solely responsible for any and all liability associated with such contact.

PRIVACY

You should review our Privacy Policy, available at http://www.toyota.com/help/privacy.html, for an explanation of our collection and use of personal information before further using this Site, as you will be bound by the terms of such Privacy Policy.

INDEMNITY AND HOLD HARMLESS.

You agree to defend, indemnify and hold harmless Toyota and its parent, subsidiaries and affiliates, their respective dealer, dealer associations, distributors and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders (collectively, “Toyota Entities”, each a “Toyota Entity”), 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.

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.

Toyota 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 in 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.

LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY.

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 THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE AMOUNT FIFTY CENTS ($.50). 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.

NO OFFER TO SELL OR LEASE

All of the information contained in this Site is for informational purposes only, and in no way constitutes an offer to enter into any transaction for a Toyota vehicle, or other Toyota product or service. The purchase of any Toyota vehicle shall be subject to the terms and conditions of the applicable sale, lease or retail installment contract. Any MSRP (Manufacturers Suggested Retail Price) listed on any of this Site are in U.S. dollars only and 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 Toyota automobile or parts dealer.

DISPUTE RESOLUTION.

Disputes/Arbitration

PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THIS SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THIS PROVISION DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

It is Toyota’s goal that this Site meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Toyota is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Toyota, you acknowledge and agree that you will first give Toyota an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to Toyota Motor Sales, USA, Inc., 19001 S. Western Ave., WC 11, Torrance, CA 90509. You then agree to negotiate with Toyota in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Toyota’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of this Site and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Toyota Entities’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Toyota Entities and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

Arbitration under this Agreement shall be conducted by JAMS.  The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.  In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Toyota as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Toyota agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do not agree to this mandatory arbitration provision with regard to your use of any of this Site, then prior to accessing and/or using any of this Site, you may opt-out of this part of the Terms by calling the Toyota Customer Experience Center at 1-800-331-4331 or sending written notification to the following address:

Toyota Motor Sales, USA, Inc., 19001 S. Western Ave., WC 11, Torrance, CA 90509

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THIS SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND TOYOTA BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

In no event shall any claim, action or proceeding by you related in any way to the Application or this Agreement be instituted more than three (3) years after the cause of action arose.

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 9050

(b) Severability: If any provision of these Terms of Use are unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

(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) Applicable Law: These Terms and any disputes arising under or related to these Terms will be governed by the laws of the State of California, without reference to its conflict of law principles.

(e) Waiver: The remedies of Toyota 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.