Disclaimer
TOYOTA Test Track Cruise CTRL Website Terms of Use
("Terms of Use")
Last updated: March 25, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE TOGETHER WITH OUR
PRIVACY POLICY, IT REPRESENTS A LEGALLY BINDING AND ENFORCEABLE AGREEMENT
BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE ("AGREEMENT"). BY
USING OUR WEBSITE YOU ARE ACKNOWLEDGING YOU HAVE READ AND UNDERSTAND
THIS AGREEMENT AND AGREE TO COMPLY WITH AND BE BOUND BY ALL OF THE TERMS
AND CONDITIONS IN THIS AGREEMENT. IF, AT ANY TIME, YOU DO NOT OR CANNOT
AGREE, PLEASE DO NOT USE OUR WEBSITE, LEAVE AND REDIRECT YOUR BROWSER
ELSEWHERE, BECAUSE IF YOU DO USE, ATTEMPT TO USE OR CONTINUE TO USE OUR
WEBSITE, IT WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY ALL THE TERMS AND
CONDITIONS CONTAINED IN THIS AGREEMENT.
DEFINITIONS
In this Agreement, we will use "TOYOTA", "we", "us", "our" or "ours" and similar terms, to mean and refer to Toyota Test Track Cruise CTRL. We will use terms such as "user", "visitor", "you", "your", "yours" and similar terms to mean and refer to anyone who uses our Website. When we use words such as "use", "uses" or "using" or any variation, it
means and shall be construed to mean any actual or attempted visit, browsing, viewing,
copying (e.g., image or text capture), access, interaction, communication, submission or
exchange of information, with our Website (defined below), copying, image or text
capture activity, the viewing, display or taking advantage of any features, functions or
capabilities we make available on our Website. A "user" is anyone who does or attempts
to do any of these things, whether through a browser, mobile device or otherwise. Our
"Website" refers to the URL on the Word Wide Web located at URL:
https://toyotaletsgo.com/testtrack For the avoidance of ambiguity, references to our
Website mean and shall be construed to include any and all of the features, functions,
resources and capabilities of our Website.
For ease of reference, when we use words such as: (i) "applicable law" it means and
refers to any and all laws, regulations, international treaties, judicial or other
governmental orders that apply to you, to us and to the subject matter of this
Agreement, including all intellectual property laws, and laws that relate to data
protection, rights of privacy and publicity; and (ii) "include" or "including," they are
intended and are to be construed as inclusive and comprehensive, as examples only,
and not exclusive or limiting, and you should read them to mean "including, without
limitation" or "including, but not limited to."
RESPECTING YOUR INFORMATION
We respect your privacy and protecting your information is important to us. Our Privacy
Policy is part of our Agreement with you and you should read it carefully since, among
other things, it describes how we obtain, collect and use information we obtain through
our Website, as well as your rights and obligations with regard to your information. If
you are a parent or legal guardian and become aware that your child has accessed our
Website or that we may have obtained information about your child, please notify us
immediately using the contact information on our Website or in the Contact Us section
at the end of this Agreement. Once we become aware we have obtained your child's
information, we will promptly take steps to remove that information from our servers
and any other places in our possession or under our control.
Our Website, this Agreement and all our and your rights and obligations are governed
by the laws of the State of California and the Federal laws of the United States that
apply ("US Law"). If you are not a citizen or legal resident of the United States, by using
our Website you are acknowledging that: (a) US Law will apply to you with respect to
your use of our Website and the rights you may have and not the laws of whatever
other jurisdiction you may be a citizen of, where you live or where you are physically
located when you use our Website (individually and/or together, "your residence"); (b)
US Law may not be considered adequate or comparable to the laws and regulations that
may apply to your personal information or data in the country of your residence; and (c)
you are agreeing and affirmatively consenting to the collection, maintenance, storage,
transmission and use of your information, including personal and personally identifiable
information, as permitted by the provisions of this Agreement, subject only to US Law.
OWNERSHIP AND RIGHTS TO CONTENT
We either own, control, have the rights and/or a license to use all the content and
material on our Website including all copyright, service and trademark rights, logos,
trade names, brands, proprietary products and services and all other distinctive
material, audio, visual and audio-visual, as well as the compilation, combination, look
and feel and other aspects of how we organize and display the Website and all types of
associated metadata ("Content"). When we use the term "Website," it includes any and
all Content on our Website, but does not include any Third Party Material (as defined in
the section entitled "Links" below). Content is protected by applicable laws and you
have no right to use (or copy) any Content unless you have obtained our express written
permission.
LINKS
Our Website may contain content and information of or provided by other parties and
may also contain and display hypertext links to websites (URLs) of others ("Third Party
Material"). We don't monitor or review Third Party Material, nor are we responsible for
their content or for where any Third Party Material may redirect your browser. We are
not responsible for third party privacy practices or policies and you should make sure
you review their terms, conditions and privacy practices carefully, because once you
select ("click") any Third Party Material that contains a hypertext link, you will be leaving
our Website and your information and any and all activity or transactions you engage in
will be subject to and under the control of the third party and not us. The display,
presence or existence of Third Party Material on our Website is not, does not and should
not be construed as an endorsement or representation by us of any kind and we are not
liable or responsible for Third Party Material in any way. You use all Third Party Material
solely and exclusively at your own risk.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content or Third Party Material on our Website is displayed or
used in any way that infringes your copyright or the copyright of any third party, you
should send us a Digital Millennium Copyright Act ("DMCA") notice with the following
information:
(a) a description of the copyrighted work you claim has been infringed;
(b) identification of the content you claim is infringing, indicating where the content is
located;
(c) your name, address, telephone number, and e-mail address where we can contact
you;
(d) a statement, signed by you, certifying the information in your notice is accurate, that
you have a good-faith belief the use you describe is not or has not been authorized by
the copyright owner or agent; and
(e) under penalty of perjury, a signed statement confirming that you are the copyright
owner or are authorized to act on behalf of the copyright owner. Please ONLY use this
procedure to send us notices regarding infringement of your copyrighted material and
you should send these notices to the email address listed below in the Contact Us
section of this Agreement. In addition to any governmental authorities that may be
relevant to the DMCA notice of alleged infringement that you send us, we may also
forward a copy to the person, firm or enterprise that provided or, with respect to Third
Party Material, that displayed or posted the allegedly infringing content.
PROHIBITED CONDUCT; REPORTING VIOLATIONS
You may not use our Website in any manner that is illegal, would be considered
offensive, inappropriate, that does, is likely to or is intended to harass, cause harm or
distress, disparage or annoy any other party. You are also strictly prohibited from
interfering with or disrupting the normal operation or hacking, impairing or damaging
our Website. You also may not interfere with, impair or try to prevent anyone else from
using our Website. If, for any reason, we believe, have reason to believe, suspect or are
notified of any act, omission or circumstances that does, may or could: (a) compromise
or endanger any person; (b) cause or potentially cause harm or damage to persons or
property; (c) adversely affect, infringe upon or misappropriate the rights of others; (d)
harass or interfere with any other person, firm or enterprise; (e) interfere with or bypass
any security or other protective measures applicable to our systems, networks and
communications capabilities; (f) breach or violate any of the terms or conditions of this
Agreement; or (g) violate any applicable law, or (h) use our Website in any way other
than as permitted under this Agreement; or (i) even if you only attempt to do any of
these things, you will be in violation of this Agreement, which may subject you to legal
action, civil and potentially criminal charges depending on the circumstances.
We have the right, reserving all other rights and remedies available to us, to report and
provide information to any and all regulatory and law enforcement authorities and
agencies and take any action permitted by applicable law. If you believe any Content or
Third Party Material violates the copyright or any other rights of yours or anyone else,
please contact us with the details at our address below, so we can determine the proper
course of action.
LIMIT OF LIABILITY; RISK OF LOSS; INDEMNITY
Our Website is made available "AS IS" and "AS AVAILABLE" without representations or
warranties of any kind, whether by operation of law, express or implied, and we are not
and will not be responsible or liable to you or any third party in connection with your
use of our Website. To the fullest extent permitted by law, we disclaim and are not
responsible or liable to you or any other party for any loss or damage of any kind (direct,
indirect, consequential or otherwise), including loss of information or damage to any
device, technology or communications mechanism you may use with respect to our
Website.
We cannot and do not guarantee your use of our Website will be uninterrupted, error
free or free from defects or even free from malware or malicious code. You are solely
responsible for ensuring you have appropriate scanning and protective mechanisms for
the security and protection of your devices, equipment, programs, communication
technology and information. By using our Website, you assume all risk of loss or damage
that may arise or be associated with such use.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR
LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY
NOT APPLY TO YOU.
By accessing our Website, you are agreeing to fully indemnify us and hold us harmless
from any claims, actions, threats and proceedings of any kind, as well as from any and
all liability, losses, damages, costs and expenses we may suffer or incur, as a result of
your violating or failing to comply with any of the terms or conditions in this Agreement,
violations of applicable law, as well as any actions you take, directly or indirectly, that
cause harm or damage to us, our Website our systems and technology, or to any other
party.
GENERAL
Amendments. We reserve the right to amend this Agreement at any time and from time
to time. Amendments will become effective when an updated Agreement is posted on
our Website. Your use of our Website after the effective date of an amendment, will
constitute your agreement with all the terms and conditions of the Agreement, as
amended, including these Terms of Use and our Privacy Policy. If, for any reason or at
any time, you do not or cannot agree to comply and be bound by all of the terms and
conditions in our Agreement, then please immediately leave, redirect your browser and
do not use our Website.
Governing Law; Interpretation. Any claim or action arising out of or relating to this
Agreement and/or our Website will be construed, governed and enforced under the
laws of the State of California and the Federal laws of the United States that apply. By
using our Website you unconditionally and irrevocably submit to the personal
jurisdiction of, and agree to resolve all claims or disputes and initiate and adjudicate all
legal, regulatory or judicial proceedings in, the State or Federal courts in the City and
County of San Francisco in the State of California and you waive any right to plead or
claim that San Francisco, California is an inconvenient or improper forum. In some
instances, we, our Website or your browser or programs you may use may translate the
Agreement into a language other than English. You agree that in the event of a dispute
of any kind, the original text of the Agreement in English shall prevail and be controlling
for all purposes.
YOU ALSO UNCONDITIONALLY AND IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Terms & Conditions are Severable. If any provision of this Agreement is held illegal or
unenforceable, that provision shall be modified as minimally as necessary to make it
legal and enforceable and still preserve the meaning and intent of the original provision;
provided that if doing so is not reasonably practicable, the illegal or unenforceable
provision will be severed from this Agreement, without affecting any of the remaining
provisions, which will continue in full force and effect.
Headings. Headings are purely for reference and shall not affect the meaning of any
term or condition.
No Waiver. If we delay or fail to enforce any provision of the Agreement, that does not
mean we waive our right to do so at any time, nor does it mean we are waiving the right
to enforce that or any other provision or exercise any right we may have under this
Agreement, at law or in equity, all of which we specifically and cumulatively reserve. A
waiver will only be enforceable if signed by both you and us.
Survival. Any provision of the Agreement which must survive to allow us to enforce its
plain meaning shall survive as long as necessary to be effective to allow and enable us to
do so.
Entire Agreement. Our Privacy Policy is incorporated into and forms a part of this
Agreement as if it were fully set forth herein and this Agreement is the entire
agreement between you and us with respect to our Website, your use of our Website
and the subject matter of this Agreement. This Agreement supersedes any and all prior
or inconsistent promises, understandings, terms, conditions, representations or
agreements, oral or written.
CONTACT US
If you have any questions about this Agreement, including our Privacy Policy or our
Website, please contact us by email to sl-digital@hl.agency.
Disclaimer