Welcome to MyToyotaPage and thank you for using our service. Our goal is to assist
you with a convenient, enjoyable and cost efficient automotive ownership
experience.
Please read the following terms and conditions of use (the "Terms and
Conditions") which govern your use of this website (referred to herein as the
"Service") and your relationship with Interval, Inc. (dba MyToyotaPage.com), the
Sponsoring Business, and all individuals and companies associated with this
website (collectively referred to as "MyToyotaPage" or "We"). If you do not agree
to these Terms and Conditions, do not use the Service. We may change the Terms
and Conditions from time to time and at any time without notice to you, by
posting such changes on this Website. By using the Service following any
modifications to these Terms and Conditions, you agree to be bound by any such
modifications to the Terms and Conditions. Please check this page periodically
for updates and changes.
Use of this Website, means that you accept and agree to these Terms and
Conditions.
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Service Content:
MyToyotaPage, or one of its affiliates, is the owner and/or authorized user of any
trademark, registered trademark and/or service mark appearing on the Service,
and is the copyright owner or licensee of the content and/or information on the
Website, unless otherwise indicated. The Service does not grant to you a
license to any content, features or materials you may access on this Website.
You may not download or save a copy of any of the content or screens except as
otherwise provided in these Terms and Conditions, for any purpose. You may,
however, print a copy of the information on this Website solely for your
personal use or records. If you make other use of this Website, except as
otherwise provided above, you may violate copyright and other laws of the
United States, other countries, as well as applicable state laws and may be
subject to liability for such unauthorized use. We do not grant any license or
other authorization to any user of its trademarks, registered trademarks,
service marks, other copyrightable material or any other intellectual property,
by including them on this Website.
Third-Party Provided Content:
Certain content provided by the Services is licensed to MyToyotaPage by Third
Parties, including Motor Information Systems, Hearst Business Publishing, Inc.
(“MOTOR”). Client's rights to such content are limited by the terms of this
Agreement, and such rights shall terminate immediately upon termination of this
Agreement. Further, MOTOR in its sole judgment shall be entitled to discontinue
providing any OEM proprietary data from the Databases as provided by the
license agreement between MyToyotaPage and Motor.
In connection with MyToyotaPage's licensing agreement of vehicle maintenance
schedules from Motor, Client is granted a limited license to access and use the
MOTOR Databases (“Databases”), including any updates provided by MOTOR on a
vehicle-by-vehicle look-up basis, provided that Client shall not, and shall not
permit others, including but not limited to third parties, to directly or
indirectly (i) alter or copy in any form or medium all or any part of the data
contained in the Databases, nor make such data part of any electronic retrieval
system; (ii) create any derivative work from, or adaptation of, the Databases;
(iii) use the Databases to facilitate the generation of collision repair
estimates; (iv) lease, license, sell, or otherwise publish, communicate,
distribute or display to third parties in any form or medium all or any part of
the Databases, (v) create any publications, in electronic, printed or other
format, based in whole or in part on data from the Databases, alone or in
combination with any other data; (vi) download the Databases (other than the
data obtained on a vehicle-by-vehicle look-up basis) or transmit the Databases
electronically by any means; (vii) use the Databases on multiple computers or
at multiple locations unless such use is covered by an individual license for
each computer or use; (viii) remove any product identification, copyright,
trademark or other notice from the Databases or the Documentation; (ix) use any
graphics contained in the Databases other than as specifically granted above;
or (x) reverse engineer, reverse assemble, or reverse compile the Databases.
Client agrees that the data contained in the Databases contain confidential
information, and that MOTOR owns all rights in the Databases and the data
contained therein, including without limitation all copyright and other
proprietary rights. Client agrees to keep confidential and use its best efforts
to prevent and protect the Databases from unauthorized disclosure or use.
Client agrees that the confidentiality obligations shall survive termination of
this Agreement.
MOTOR FURNISHES THE DATABASES ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY.
MOTOR DOES NOT WARRANT THAT USE OF THE DATABASES WILL BE UNINTERRUPTED OR ERROR
FREE, OR WILL MEET CLIENT’S REQUIREMENTS. MOTOR SPECIFICALLY EXCLUDES AND
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM OR COURSE OF
DEALING AND CLIENT HEREBY EXPRESSLY WAIVES ANY AND ALL SUCH WARRANTIES. CLIENT
ASSUMES THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE DATABASES. UNDER
NO CIRCUMSTANCES SHALL MOTOR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING
OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE DATABASES. SUCH
LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, LOST GOODWILL, LOST
PROFITS, LOSS OF DATA, WORK STOPPAGE OR IMPAIRMENT OF OTHER GOODS, REGARDLESS
OF THE LEGAL THEORY ON WHICH THE CLAIM IS BROUGHT, EVEN IF MOTOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN
REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT.
MOTOR shall be an intended third party beneficiary of this agreement and shall
be entitled to enforce the terms and conditions of this license agreement as if
it was a party hereto.
Software Provided on the Service:
Any software that is made available to download from this Web site (the
"Software") is the copyrighted work of MyToyotaPage and/or its suppliers. Your use
of the Software is governed by the terms of the end user license agreement, if
any, which accompanies or is included with the Software ("License Agreement").
You may not install or use any Software that is accompanied by or includes a
License Agreement unless you first agree to the License Agreement terms.
Please note that all Software is owned by MyToyotaPage and/or its suppliers and is
protected by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Software is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software, and any accompanying documentation and/or
technical information, may be subject to applicable export control laws and
regulations of the United States. You agree not export or re-export the
Software, directly or indirectly, to any countries that are subject to United
States export restrictions.
Links from and to the Service:
You acknowledge and agree that the Service and any of its Website co-branding
providers have no responsibility for the accuracy or availability of
information provided by linked Websites. Links to external Websites do not
constitute an endorsement by the Service or its Website co-branding providers
of the sponsors of such sites or the content, products, advertising or other
materials presented on such sites. We do not author, edit, or monitor these
unofficial pages or links. You acknowledge and agree that we are not
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on such external sites or resources.
Changes to Service:
We reserve the right to change any information on this Website, including but
not limited to revising and/or deleting features or other information without
prior notice to you. Accessing certain links within this Website may provide
you with access to other Websites for which we assume no responsibility of any
kind for the content, availability or otherwise. (See "Links from and to the
Service".) The content of this Website may vary depending upon your browser
functionality and limitations.
Termination of Use:
Use of this Service may be terminated at any time, and without cause, by either
the Service, the Sponsoring Business or the Subscriber without notification.
You acknowledge and agree that we may terminate your password or account, if
any, or deny you access to all or part of the Service without prior notice, in
our sole discretion.
User Conduct On the Service:
While using the Service, you may not:
1. upload, post, publish, transmit, reproduce, or distribute in any way,
information, software or other material obtained through the Service which is
protected by copyright, or other proprietary or intellectual property right, or
derivative works with respect thereto, without obtaining permission of the
copyright owner or rightholder; or
2. upload, post, publish, reproduce, transmit or distribute in any way any
component of the Service itself or derivative works with respect thereto, as
the Service is copyrighted as a collective work under U.S. copyright laws; or
3. upload, post, publish or transmit any unlawful, fraudulent, libelous,
defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise
objectionable information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute illegal
activity, give rise to civil liability, or otherwise violate any local, state,
national or foreign law, including without limitation the U.S. export laws and
regulations; or
4. upload, post, publish, transmit, reproduce, distribute or in any way exploit
any information, software or other material obtained through the Service for
commercial purposes (other than as expressly permitted by the provider of such
information, software or other material); or
5. restrict or inhibit any other user from using and enjoying the Service; or
6. post or transmit any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities or schemes or other unsolicited commercial
communication (except as otherwise expressly permitted by the Service) or
engage in spamming or flooding; or
7. impersonate any other person or entity, or misrepresent your affiliation
with any other person or entity; or
8. post or transmit any information or software which contains a virus, trojan
horse, worm or other harmful component.
We have no obligation to monitor the Service. You acknowledge and agree,
however, that we do retain the right to monitor the Service and to disclose any
information as necessary or appropriate to satisfy any law, regulation or other
governmental request, to operate the Service properly, or to protect itself or
its subscribers. We will not intentionally monitor or disclose any private
electronic-mail message accept as agreed to in accordance with our Privacy
Policy or as required by law. We reserve the right to refuse to post or to
remove any information or materials, in whole or in part, that, in our sole
discretion, are unacceptable, undesirable, inappropriate or in violation of
these Terms and Conditions.
Submissions:
All information submitted to the Service via this Website shall be deemed and
remain the property of the Service, and we shall be free to use, for any
purpose, any ideas, concepts, know-how or techniques contained in information
any user of this Website provides to the Service through this Website. The
Service shall not be subject to any obligations of confidentiality regarding
submitted information, except as agreed to by the Service in accordance with
our Privacy Policy or as required by law.
DISCLAIMERS:
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA,
SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE SERVICE DISCLAIMS ANY AND
ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, COMPLETENESS, CORRECT SEQUENCING, TIMELINESS,
USEFULNESS, OR CONTENT OF INFORMATION OR SERVICES; AND (ii) ANY WARRANTIES OF
TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THE SERVICE NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER
THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE
RESPECTIVE LIABILITY OF THE SERVICE, ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Indemnification:
You agree to defend, indemnify and hold the Service and its affiliates harmless
from any and all claims, liabilities, costs and expenses, including reasonable
attorneys' fees, arising in any way from your use of the Service or the
placement or transmission of any message, information, software or other
materials through the Service by you or users of your account or related to any
violation of these Terms and Conditions by you or users of your account.
Miscellaneous:
The Terms and Conditions and the relationship between you and the Service shall
be governed by the laws of the State of California, without regard to its
conflict of law provisions. You and the Service each agrees to submit to the
personal and exclusive jurisdiction of the courts located within the state of
California.
The failure of the Service to exercise or enforce any right or provision of the
Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms and Conditions remain in full
force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the Terms
and Conditions must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
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