A. Description of the Application. This Application allows you to access and use a variety of third party applications with various information and infotainment services all within one application via the compatible multi-media system in your Toyota vehicle through the available Bluetooth connection to your mobile device. Your in-vehicle multi-media system will be referred to as your Toyota vehicle's "Head Unit" throughout this Agreement.
B. Scope of License. You understand and agree that the Application is licensed, not sold, to you for use only as outlined in this Agreement. We reserve all rights not expressly granted to you. Toyota and/or its licensors own, or have the right to license, the Application and all underlying content, information, applications, and intellectual property. This license is limited to a non-transferable license to use the Application on the applicable mobile device that you own or control (e.g., iDevice, iPod touch, Android device), in accordance with this Agreement, and, as applicable, Google Inc.'s ("Google") "Android Market Terms of Service" (http://www.google.com/mobile/android/market-tos.html) or the Usage Rules set forth in the Apple Inc. ("Apple") "App Store Terms of Service" (http://www.apple.com/legal/itunes/us/terms.html#APPS), This license is between Toyota and you (and not Apple or Google) and is effective until terminated by Toyota or by you. As between Toyota and Apple, Toyota is responsible for the Application and the content therein, not Apple. This license does not allow you to use the Application on a device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof. As between Toyota and Apple, Toyota is solely responsible for providing any maintenance and support services with respect to the Application; you acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
C. Eligibility/Installation/Registration/Activation. The Application is intended for and available to individuals (i) who are of legal age of majority in their jurisdiction of residence (and at least 18 years of age); (ii) who own or have a compatible mobile device; and (iii) who own or have a compatible Toyota vehicle. We do not knowingly collect any information, including personal information, from children under 13. If we learn that we have collected the personal information of a child under 13 we will take steps to delete the information as soon as possible.
1. Installation. You may install the Application on your compatible mobile device by following the installation instructions available from the App Store, or Google Play.
2. Registration. In order to use the Application, you will need to register at www.myentune.com. You cannot use the Application on your mobile device without registering at www.myentune.com. Once you register, you will be able to use the Application. There is no activation fee or monthly recurring fee required. If you do not desire to continue using the Application via your mobile device and/or Toyota vehicle's Head Unit,you have the right to cancel your registration at any time.
3. EVPH Application Activation. You must register at www.myentune.com as described in C (2) above. To activate the EVPH Application, you will be required to have an active Safety Connect subscription and enter, when prompted, your Safety Connect Contract ID found in the Safety Connect Subscription Service Agreement.
4. Use of applications within the Application. In order to use any of the applications within the Application, you will need to register/have an account with the applicable application provider, and agree to any terms and conditions of that application provider. Any use of any of the applications within the Application are subject to this Agreement and the terms and conditions and privacy policies of the applicable application provider. Toyota has no control over these third party applications, and is not responsible or liable for the availability, security, content or resources provided through any of the third party applications within the Application, and the inclusion of any third party application does not imply a referral by Toyota to, or an endorsement by Toyota of, the third party application provider or any products or services of the third party, or other materials on or available from such third party application. Please refer to the Terms and Conditions of the third party applications for specific security, content and resource detail. With regard to the Stocks Application, you may access the applicable terms at http://www.djindexes.com/mdsidx/html/tandc/indexestandcs.html. The Toyota Parties (as defined below) are not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such third party application, and you agree to hold the Toyota Parties (as defined below) harmless from any and all content, information, products, goods or services received from, or provided to, any of the third party applications.
5. Unauthorized Use. You are responsible for your (and any authorized third parties) use of the Application in compliance with this Agreement. You acknowledge and agree that any use of the Application occurring through your installed Application shall be deemed to be your actions and that the Toyota Parties (as defined below) may rely upon such actions. You are solely responsible for protecting the security of the installed Application on your mobile device.
6. Uninstalling the Application. To uninstall the Application from your mobile device, follow the directions within the instruction guide for your mobile device. If you uninstall the Application from your mobile device, you will not be able to use the Application via your Toyota vehicle's Head Unit. You may also de-register via the www.myentune.com website; if you de-register, you will not be able to use the Application via your Toyota vehicle's Head Unit.
7. Updates to the Application. The Application may be updated by your dealer when your vehicle is being serviced, or it may be updated remotely by Toyota from time to time. The Application may be updated for certain reasons, including, without limitation, to increase Application functionality, to patch or improve Application stability, new versions, and the like (collectively, "Updates"). By installing and registering for the Application, you agree to such automatically requested and received remote Updates, and that such Updates are subject to this Agreement.
D. Privacy/Information Collection, Use, Transmission and Storage of Data.
2. Information Storage. Depending on the type of Head Unit you have in your Toyota vehicle, certain information may be stored for ease of use of the Application via the Toyota vehicle's Head Unit (e.g., search history, location history in certain applications, previous and saved destinations (entered via your use of the GPS functionality of the Toyota vehicle's Head Unit), map locations within certain applications, and device numbers that are called via the Toyota vehicle's Head Unit's Bluetooth connection).
5. Vehicle Travel Information. You acknowledge that when your Entune Application is active in your vehicle and the traffic feature is available, it will automatically collect and transmit, through GPS technology, your vehicle's current location (longitude and latitude), travel direction and speed ("Vehicle Travel Information") to Toyota, including its Third Party Service Providers, in five minute increments. The Vehicle Travel Information is used by Toyota's Third Party Service Provider to provide real time traffic information to you. The Location Data contains no personally identifiable information and cannot be tracked to you or your Vehicle Identification Number ("VIN").
6. User Voice Commands. You acknowledge and understand that Toyota, including its Third Party Service Providers, may record and retain user voice commands once you've initiated contact with your Entune Application. Your personally identifiable information will not be associated with such voice command recordings. Therefore, for yourself, your vehicle's occupants and anyone using the Entune application in your vehicle, you consent to all such recording and retention of voice commands and release Toyota and third-party beneficiaries from claims, liabilities and losses that may result from any such recorded voice commands.
E. EVPH Applications Collection, Use, Transmission and Storage of Data 1. If you opt-in for any EVPH Applications, your vehicle's health details, including status of powered doors and windows, battery life data,battery charging data, Diagnostic Trouble Codes (DTC), and related data from the vehicle's on-board diagnostic (OBD) system, will be collected and transmitted automatically from your vehicle to Toyota's parent manufacturer, Toyota Motor Corporation ("TMC"), for storage, aggregated quality improvement and future application enhancement purposes, without notice to you.In addition, TMC shares your battery charging data with TMS. TMS anonymizes and aggregates the battery charging data for internal analytical reporting and may share such reports with federal and state regulatory agencies and non-profit organizations for the purpose of education and research related to environment and energy issues, advanced technology and usage analysis.
2. In addition, when you turn off your vehicle, remaining battery charge, plug connection status, scheduled time for next charge, and number of miles remaining until next charge, will automatically be sent from your vehicle to the EVPH Applications for viewing on your mobile device.
3. When you remotely activate your vehicle's charging system or request an update of your battery's condition, your vehicle will automatically send the battery's condition to the EVPH Applications for viewing on your mobile device.
4.When you remotely activate your vehicle's climate system, your vehicle will automatically send the status of powered doors and windows, estimated cabin temperature and time remaining for climate activation to complete to the EVPH Applications for viewing on your mobile device.
5. If you opt-in to location based services, your vehicle location will be automatically sent from your vehicle to TMC when you turn your vehicle off to support charging station map and vehicle finder applications applications operated by Toyota.
If you opt-in to using ECO Dashboard, you will be able to view your vehicle's efficiency in terms of fuel consumption (miles driven and gallons consumed),battery usage,and ECO Driving Score ("Efficiency Data") on your mobile device. When you turn off your vehicle, your vehicle's Efficiency Data will be automatically sent from your vehicle to TMC to support the ECO Dashboard application and for quality assurance analysis. In addition, TMC shares your Efficiency Data with Toyota. Toyota anonymizes and aggregates the Efficiency Data for internal analytical reporting and use in marketing campaigns. Toyota also shares such reports with federal and state regulatory agencies and non-profit organizations for the purpose of education and research related to environment and energy issues, advanced technology and usage analysis.
F. Fuel Cell Vehicle (FCV) Application Collection, Use, Transmission and Storage of Data.
1. If you opt-in for the FCV Application, your vehicle will automatically and electronically transmit Vehicle Health Information to Toyota's parent, Toyota Motor Corporation (TMC) for storage, quality confirmation, trend analysis, research, and product development, without notice to you. Transmission of Vehicle Health Information includes odometer and/or oil life, Diagnostic Trouble Codes (DTC) and related data from the vehicle's on-board diagnostic (OBD) system. Related data includes but is not limited to battery life, battery charging data, vehicle speed, engine coolant temperature, fuel injection volume, and engine rotation per minute (RPM).TMC may send the Vehicle Health Information to Toyota, such that Toyota may conduct further evaluation of the Vehicle Health information. For location based services, your vehicle location will be automatically sent from your vehicle to TMC when you turn your vehicle off to support hydrogen station map and vehicle finder applications operated by Toyota.
1. Account Activation and Information. You will be required to register and activate an account on www.myentune.com in order to use the Application via your mobile device and/or Toyota vehicle Head Unit. If you register on the www.myentune.com website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the www.myentune.com website, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to Toyota that is false, inaccurate, outdated or incomplete, or if Toyota has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Toyota has the right to suspend or terminate your account and to prohibit any and all current or future use of the Application (or any portion thereof) by you.
2. Account Password. If you register an account for use of the Application, you will create a password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account and other account or service codes issued to you, and are fully responsible for all activities that occur under your password or account. You agree not to use the account or password of another registered user without permission or to disclose your password to any third party. You agree to immediately notify Toyota of any unauthorized use of your password or account or any other breach of security. The Toyota Parties (defined below) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
3. Account Management. You may access, review and revise your information, add secondary users (except that for EV and Plug-in Hybrid Vehicles, secondary users are prohibited), see account status, and otherwise update your account at any time by logging into your account via the www.myentune.com website.
a. Electric Vehicle (EV) and Plug-in Hybrid Vehicle Nickname. You have a choice to enter a nickname for your EV or Plug-in Hybrid vehicle which is viewable on your mobile device and, if opted-in, the ECO Dashboard. If you enter a nickname that is deemed inappropriate, Toyota has the right to change your vehicle nickname without notice. For repeated offenses, Toyota has the right to restrict your ability to change the vehicle nickname.
H. Restrictions on Use of this Application. As a condition of using this Application, you agree that you may not and will not:
1. copy, download, distribute, modify, publish, sell, license, use, reuse, or create derivative works of the Application or any of the content or other material within the Application, including without limitation, the Toyota name, logos, and any other trademark of the Toyota Parties (as defined below), or those of any of the applications within the Application, except solely to use the Application in accordance with its instructions;
2. access or use this Application in any way that could or is intended to damage or impair the operation of this Application, or any content of or material displayed in this Application, or any server or network underlying this Application, or interferes with anyone else's use and enjoyment of this Application;
3. access or attempt to access any data, information, system, or servers on which this Application is hosted or modify or alter this Application in any way;
4. use the Application for any commercial or unlawful purpose, or in violation of any third party rights;
5. use the Application in violation of any applicable traffic regulations and driver distraction laws, rules and regulations; or
Toyota reserves the right to suspend or terminate your participation in the Application if you are found to be in violation of this Agreement.
I. Fees and Data/Message Costs. Toyota does not charge for use of the Application however, standard data (and text, if applicable) rates apply for data (and messages, if applicable) sent from and received by your mobile device as determined by your wireless provider and you are solely responsible for such charges and any other charges from your wireless provider.Please contact your wireless provider for complete pricing details. You have the right to cancel your registration at any time.
J. No Warranty. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, YOUR TOYOTA VEHICLE'S HEAD UNIT, OR ANY OTHER EQUIPMENT OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE APPLICATION. THE APPLICATION 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 THE APPLICATION OR ANY MATERIAL OBTAINED THROUGH IT, AS DESCRIBED HEREIN, WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION 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 APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE APPLICATION. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION THAT YOUR USE OF THE MATERIAL DISPLAYED ON, OR OBTAINED THROUGH, THE APPLICATION 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 VIA THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK. THE TOYOTA PARTIES (AS DEFINED BELOW) ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH DECISION, OR FOR THE ACCURACY, COMPLETENESS, USEFULNESS, OR AVAILABILITY OF ANY CONTENT OR INFORMATION DISPLAYED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION.
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, IF DOWNLOADED FROM THE APPLE APP STORE, THE END-USER MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) FOR THE APPLICATION TO THAT END-USER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE TOYOTA'S RESPONSIBILITY (IF NOT EFFECTIVELY DISCLAIMED).
TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
K. Limitation of Liability.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE TOYOTA PARTIES' 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 APPLICATION AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT FIFTY CENTS ($.50). EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, THE TOYOTA PARTIES AND THEIR LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF SERVICES RELATED TO THE APPLICATION) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE TOYOTA PARTIES AND THEIR LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF SERVICES RELATED TO THE APPLICATION) 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 UNDERSTAND THAT THE UPLOADING OF INFORMATION TO YOUR MOBILE DEVICE AND/OR YOUR TOYOTA VEHICLE'S HEAD UNIT IN CONNECTION WITH THIS APPLICATION IS AT YOUR OWN RISK AND THAT TOYOTA IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR USE OF ANY PERSONAL OR OTHER INFORMATION. ALL INFORMATION UPLOADED TO THE APPLICATION MAY BE STORED ON YOUR MOBILE DEVICE (AND/OR YOUR TOYOTA VEHICLE'S HEAD UNIT AS DESCRIBED HEREIN) AND YOU UNDERSTAND THAT THE SECURITY AND SAFETY OF YOUR MOBILE DEVICE AND YOUR TOYOTA VEHICLE'S HEAD UNIT IS YOUR SOLE RESPONSIBILITY.
L. Release. YOU HEREBY RELEASE AND DISCHARGE EACH OF THE TOYOTA PARTIES AND THEIR LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF SERVICES RELATED TO THE APPLICATION) 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 THE APPLICATION.
M. Indemnity. You agree to indemnify and hold harmless Toyota 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, the "Toyota Parties") from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to your acts and omissions, your use of the Application, your breach of this Agreement, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
N. Availability/Interruption. The Application is available through your mobile device when it is within the operating range of a wireless carrier and through your Toyota vehicle's compatible Head Unit when the vehicle is turned on. The Application is subject to transmission limitation or interruption. Toyota does not guarantee that the Application (or any portion thereof) will be available at all times and/or in all areas. You acknowledge and agree that Toyota is not responsible for performance degradation, interruption or delays. You acknowledge that Toyota shall not be liable to you if the Application in a given location is not available. If the Application is not available within your intended location, you agree that your sole remedy shall be to cease using the Application and cancel your registration.
O. Termination. This Agreement is effective until terminated by you or us. We may terminate this Agreement for any or no reason, and with or without notice to you. Your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any term of this Agreement. Upon termination of this Agreement, you shall cease all use of the Application.
P. Changes to this Agreement and/or the Application. We may change, modify, or update this Agreement and/or the Application, including the Application features, from time to time. If applicable, you will be notified that a new version of the Application is available and you will be asked if you wish to upgrade to a new version of the Application. If you use the Application after the upgrade in the Application or change(s) to this Agreement, you agree to such change(s) and its applicability to you. Unless explicitly stated otherwise, any new features or services that augment or enhance the Application in the future shall be considered part of the Application and subject to this Agreement. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, the Application (or any portion thereof), with or without notice to you, and you agree that Toyota shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.
Q. Abuse. You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your Equipment (as defined below).
R. 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 THE APPLICATION 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 the Application 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., Dept. 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 the Application 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 the Toyota Parties' 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 Parties 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 the Application, then prior to downloading, registering for and using the Application, you may opt-out of this part of the Agreement 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., Dept. 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 USER OF THE APPLICATION, 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.
S. Miscellaneous. For the purpose of this Agreement, "Equipment" shall mean any hardware, software or networks associated with bringing you the Application, including, but not limited to, your mobile device and your Toyota vehicle's Head Unit. Assignment: You may not assign this Agreement without Toyota's prior written consent. Entire Agreement: This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. Governing Laws: THIS AGREEMENT IS SUBJECT TO THE LAWS (EXCLUDING CONFLICTS OF LAWS PROVISIONS) OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA, U.S.A. Export Control Laws: You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Application. You agree that you will not export or re-export the Application in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law. Your Representations and Warranties. By downloading the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Responsibility. You acknowledge that Apple is not responsible for addressing any claims relating to the Application or your possession or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, as between Apple and Toyota, Toyota will be solely responsible for the investigation, defense, settlement and discharge of any such claim. Third-Party Beneficiaries. You acknowledge and agree that, as applicable, Apple and Apple's subsidiaries and Google and Google's subsidiaries, are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple and Google as applicable, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Additional Provisions: The Application is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
T. Contact Us. If you have any questions, complaints or claims about the Application, or if you are having any technical difficulties with the Application itself, please email or call the Toyota Customer Experience Center at 1-800-331-4331.