PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTES/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTES/ARBITRATION 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. DO NOT ACCESS OR USE ANY OF THE SITES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
THE SITES ARE 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 any of the Sites.
We may at any time revise these Terms by updating these Terms. The "Last Updated Date" at the top of this Agreement will indicate when the latest modifications were made. To the fullest extent permitted under applicable law, your continued use of any of the Sites constitutes your agreement to any modified Terms, and you should therefore visit the Terms to review the current Terms from time to time. Furthermore, unless explicitly stated otherwise, any new features or services that augment or enhance the Sites in the future shall be considered part of the Sites and subject to these Terms. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, any or all of the Sites (or any portion thereof), with or without notice to you, and you agree that Scion shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the Sites. Moreover, we may terminate these Terms for any or no reason, and with or without notice to you. Your rights under these Terms will terminate automatically without notice from us if you fail to comply with any provision of these Terms. Upon termination of these Terms, you shall cease all use of the Sites.
Certain features of the Sites may require you to download content, software and/or agree to additional terms and conditions, policies and disclosures (collectively, "Additional Terms"), which are hereby incorporated by reference into these Terms unless expressly set forth otherwise in such Additional Terms. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to the specific feature.
NOTE THAT THESE TERMS APPLY ONLY TO THESE SITES; OTHER WEBSITES PROVIDED BY SCION, OR PROVIDED BY SCION'S DEALERS, DEALER ASSOCIATIONS AND DISTRIBUTORS MAY HAVE SEPARATE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.
These Sites are for your personal, non-commercial use. Any other use of the Sites requires the prior written consent of Scion.
The Sites contain information regarding Scion and its products, services and promotional programs, including advertising, Scion Trademarks (as defined below), pictures, information, digital images, featured articles, surveys, applications, 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 products and services described on the Sites contain uniquely American specifications and equipment and are offered only in the continental U.S.A. The promotional programs offered on the Sites are only available in the continental U.S.A. and may be limited to particular states as described by the terms of such programs. Any sweepstakes, contests, games and/or promotional offers accessible on the Sites are governed by specific rules and/or terms and conditions (which are hereby incorporated into this Agreement by this reference). By entering such sweepstakes or contests or participating in such games or promotional offers, you will become subject to those rules and/or terms and conditions. We urge you to read the applicable rules and/or or terms and conditions, which are linked from the particular activity. You are not permitted to post or provide links to any sweepstakes, contests or other promotions to the Sites.
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 (as defined below) 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 any time by clicking here.
If you opt-in to receive information from Scion, you agree to provide true, accurate and complete information about yourself as prompted by the online or mobile forms. You may also have the opportunity to register for an account on the Sites ("Account") to access and use certain features of the Sites, including certain applications offered by Scion and certain specially-tailored products and services (e.g., for Scion owners). If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Sites and/or to suspend or terminate your Account.
We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your Account, including, but not limited to, your failure to receive critical information about Scion and/or the Sites.
Your selection and use of an Account username and password, and any other information required for security access and authentication purposes, are subject to these Terms. You agree not to share your user name, password, and any security-related information with anyone. You are responsible for all use of your Account and for ensuring that access to and use of your Account comply fully with these Terms. You acknowledge and agree that any use of your Account through your user name, password and security information shall be deemed to be your actions which we may rely upon. You are solely responsible for protecting the confidentiality and security of your Account.
The Sites include certain features and content for and about Scion owners, and which are exclusively available to Scion owners (each a "Scion Owner", collectively, "Scion Owners"). In particular, if you are an owner of a Scion vehicle, you can become a registered member of scionowners.com (see http://scionowners.com/web/guest/register) which will enable you to obtain exclusive access to a variety of information, content, events, forums, and features, as further detailed herein and as provided on scionowners.com. For instance, in addition to the below, Scion owners that are registered members of scionowners.com can participate in Scion aficionado groups based on shared interests and passion for Scion, post and reply to posts on forums where Scion owners share information and sell items, and access Scion owner tools (which include maintaining vehicle service records, providing access to downloading manuals and warranty guides, watching how to videos, and getting latest news and events information).
A. Garage Profiles
If you are a Scion Owner, you may create your own personal garage profile, which includes information as detailed herein. The Sites permit you to post your personal garage profile, or the garage profiles of other Scion Owners that have created garage profiles. You can create only one (1) online garage profile per VIN, Account, and/or e-mail address; you should only have one Account. Your garage profile will contain, at a minimum, your user name. You will be able to customize the exterior and interior of your garage profile and include information in your garage profile, such as a picture, a link to your favorite website, create event listings, groups and tags. Your public garage profile should not include the following items: telephone numbers, street addresses, last names, sensitive information, and any photographs or tags that contain nudity, or any obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter, or matter or content that otherwise violates these Terms. Please choose the information you include in your garage profile carefully as it will be available to all other Scion Owners, and may become available to the public. Consider your personal safety when releasing any information on this Site. Scion cannot guarantee that others will not use the disclosed information to send you bulk notices and/or spam and/or otherwise to harass and/or harm you. Consider this before providing any personally identifiable information to the Sites.
B. Scion Owner Vehicle Images
The Sites contains photographs of Scion vehicles submitted by Scion Owners. Neither Scion nor any of its affiliated entities makes any representation or warranty as to any such vehicle image whatsoever, including any material included therein. IMPORTANT: THE VEHICLE IMAGES DEPICTED ON THE SITE MAY INCLUDE MODIFICATIONS OR ALTERATIONS THAT HAVE NOT BEEN EVALUATED OR APPROVED BY SCION. Some Scion Owner vehicles depicted on the Sites may also include parts and accessories that are not genuine Scion parts and accessories. Scion does not endorse the alteration or modification of or the installation of non-genuine Scion parts and accessories on Scion vehicles. Scion sells fully certified vehicles and the modification of or the installation of aftermarket parts and accessories on any Scion vehicle by the vehicle owner or by others acting at the request of the vehicle owner may impact the vehicle's original design performance, durability, safety, and compliance with FMVSS and other federal and state laws and standards. Aftermarket equipment manufacturers and owners installing non-genuine Scion parts and accessories on Scion vehicles are responsible for designing, fabricating and installing products that conform to all local, state, and federal laws, regulations and standards, including safety and emissions standards, and for ensuring that the aftermarket products they install and any alteration or modification they make do not adversely impact vehicle safety, performance, and durability. THE SCION ENTITIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE COMPATIBILITY, PERFORMANCE, SUITABILITY OR SAFETY OF NON-GENUINE SCION PARTS AND ACCESSORIES FOR USE ON SCION VEHICLES. USE OF NON-GENUINE SCION PARTS OR ACCESSORIES ON A SCION VEHICLE WILL VOID THE SCION WARRANTY, MAY NEGATIVELY IMPACT PERFORMANCE, DURABILITY AND SAFETY AND MAY RENDER THE VEHICLE ILLEGAL FOR OPERATION ON PUBLIC ROADWAYS.
C. Marketplace Section; Advertisements
(i) Additional Terms for Advertisements. If you wish to submit a classified advertisement (an "Advertisement") for publication or distribution on the Sites, in the classified section of the Sites (the "Classified Section"), or update, edit, revise or make other changes to an already existing Advertisement, or otherwise manage your advertising account, you must become a registered member of scionowners.com (see http://scionowners.com/web/guest/register) and complete a form provided by Scion for any Advertisements you wish to place. Various items may be posted for sale in an Advertisement, including used, operational Scion brand vehicles, and new or used Scion parts or accessories.
(ii) You may only post an Advertisement for an item that you own. You should not be a dealer or broker of motor vehicles, as this Classified Section is intended solely for individuals selling their own personal vehicle, parts or accessories. You may not use any third party (e.g., any agent, service or intermediary) to post your Advertisement; you are not permitted to post (or cause, or facilitate, to be posted) any Advertisement for any other person. Only up to three (3) Scion vehicles may be advertised by you, or any e-mail address or Advertiser Account, per calendar year. In order to submit an Insertion Order, you must have accepted the additional terms and conditions for using the Classified Section (the "Advertiser Terms and Conditions"), which are deemed part of these Terms, as part of the registration process. We reserve the right to terminate, and/or suspend access to or use of, any Advertiser Account at any time if we believe that there is, has been, or may be, any violation of any of these Terms (including without limitation, any of the Advertiser Terms and Conditions), or if we believe the Advertiser Account has been compromised in any manner (e.g., due to unauthorized access). There will NOT be any fee or other compensation charged by us for posting an Advertisement to this Site, and we do not intend to solicit any business from any sellers or buyers as a result of any posting in the Classified Section.
(iii) No Sales In North Carolina. No residents and/or citizens of North Carolina may post Advertisements, nor may any vehicle that is registered in North Carolina be identified in any Advertisement. Further, no sales related to vehicles advertised in any Advertisement shall be consummated in North Carolina.
(iv) Horsepower References. Any reference to horsepower associated with any vehicle identified in any Advertisement must state only the Society of Automotive Engineers horsepower rating of such engine, as installed (net), as determined by the Society of Automotive Engineers Standard J1349.
(v) No Involvement by Scion. Scion does not sell vehicles directly via the posting in the Classified Section. Scion is not a party to any transaction between buyers and sellers of items described in any Advertisement (including without limitation, any vehicles advertised in the Classified Section); we do not transfer legal ownership from the seller to the buyer. Terms of sale remain subject to negotiation between buyers and sellers. Neither Scion nor any of the other Scion Entities can (nor do they) ensure the accuracy, timeliness, authenticity, legality or completeness of any information provided by any buyer or seller. Neither Scion nor any of the other Scion Entities guarantees the availability, performance, safety, authenticity, reliability, legality or quality of any item identified in any Advertisement, or the creditworthiness or veracity of any seller or buyer. Responsibility for the content of any Advertisements, including typographical and other errors regarding price and other information, as well as any links thereto, lies with the Visitor that submitted the submission (and any seller of the item contained in the Advertisement). The Scion Entities assume no responsibility or liability for verifying whether the listings comply with applicable laws and the Terms (including without limitation, any links thereto); such responsibility rests entirely with the Visitor that submits the submission (and any seller of the item contained in the Advertisement). The Scion Entities are not responsible or liable for your use and/or reliance on such information. You are undertaking this activity at your own risk, and you understand and agree that you will undertake your own independent evaluation of any items identified in, and bear all risks associated with using, any Advertisement, including without limitation, any communications with such Visitor posting such information (including any claims of fraud, misrepresentation, personal or property injury, damage and/or death). Further, you understand and agree that none of the Scion Entities is responsible or required to be involved in any way with any disputes that you might have associated with any dealings arising from any Advertisement.
(vi) Warnings to Consider. With respect to prices, please note that the prices listed in Advertisements may exclude sales/use taxes, finance charges, and title, license, regulatory, documentary, emission testing and/or compliance fees, all of which may be added to the advertised price in determining the final sale price of a particular vehicle. Some of the used car listings include vehicles that are shown to be "certified" as meeting certain standards established in connection with a pre-owned vehicle program. Neither Scion nor any of the other Scion Entities is responsible or liable for (a) descriptions of what is, or is not, included in the identified price, and/or (b) any decision to certify a vehicle as "certified", and/or the veracity of any statement indicating that any particular vehicle is "certified".
(vii) Personal Safety Concerns. Neither Scion nor any of the other Scion Entities performs any background checks on Visitors posting Advertisements (including sellers identified in Advertisements) or buyers, and cannot (and does not) warrant that any personal or other information you may provide to sellers or buyers in order to engage in a sales transaction will not be used for fraudulent, criminal, or other illegal or inappropriate purposes (including without limitation, bulk notices and/or spam). We urge you to use caution before providing any personal or sensitive information through ScionOwners.com, or related to these sales transactions. Consider creating your e-mail and/or contact information in a manner to keep your identity anonymous. Also, only meet at public locales; keep your family and friends aware of your plans; take your cell phone with you; consider having a friend accompany you; and trust your instincts about the situation.
(viii) Copies of Advertisements. All Advertisements may be stored in a database, even after "deletion", and may continue to be archived based upon our own administrative policies. We cannot guarantee complete security of stored information.
(ix) Additional Instructions. We may place additional restrictions on use of the Sites (e.g., number of days content of Advertisement shall be placed on Sites; number and size of postings permitted; frequency for posting, modifying and/or deleting Advertisements; locale of posting; type of information that may be posted; etc.). You shall comply with all of those instructions and/or guidelines. The Scion Entities shall not be responsible or liable to you or any other third parties for any modification, suspension and/or discontinuance of your access to the Sites and/or any features of the Sites (and/or any of said instructions or guidelines) and/or failure to enforce any of the Terms hereof. You agree that, at its sole discretion, Scion has the right (but not the obligation) to delete or deactivate your account, block communications and/or otherwise terminate your access to or use of the Sites (or any part thereof), immediately and without notice, and remove and/or discard any submissions (including without limitation, any Advertisement) for any reason and for no reason. You agree that none of the Scion Entities shall be liable or responsible for enforcement of such right. You agree not to use the Sites after such termination.
(x) Avoid Being a Victim. Be careful when dealing with inquiries regarding your Advertisement. Avoid wire transferring funds; beware of any request asking for an overpayment and providing you with the "change", or issuing you a foreign cashier's check. Only use safe and secure means of payment. Do not give out your personal financial information. We will not be sending you a request to provide financial information or passwords - so do not reply to such a request, and instead delete it without opening any attachments. If you suspect any Advertisement is a scam, kindly notify Scion Customer Experience at 1-866-70-SCION.
(xi) No Other Advertising. Except for advertising promoting Scion's products and services, and the Advertisements permitted pursuant to this Section, no other advertising shall be permitted on the Sites.
Scion or its affiliates own all right, title, and interest, and/or have a valid right to use and sublicense the Sites and all Content on the Sites, including, without limitation, all trademarks, service marks, logos, and trade names used on the Sites (collectively, "Trademarks").
Scions grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Sites (including the Content and Mobile Services (as defined below)) for your own personal non-commercial use, subject to your compliance with these Terms, including, without limitation, the restrictions on use of the Sites. Scion may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.
Scion reserves the rights at any time and from time to time to modify, suspend discontinue or permanently cancel any or all of the Sites' operation, or portions thereof, with or without notice to you. You acknowledge and agree that Scion will not be liable to you or any third party for any such modification, suspension, discontinuation, or cancellation of any or all of the Sites' operation.
As a condition to accessing and using the Sites in accordance with the license granted to you under these Terms, you agree to comply with 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 the Sites, including without limitation, any 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 any of the Sites in any way that could or is intended to damage or impair the operation of the Sites, or any Content of or material displayed on any of the Sites, or any server or network underlying the Sites, or in any way that interferes with anyone else's use and enjoyment of any of the Sites;
(c) You may not frame or use framing techniques to enclose any part of the Sites without Scion's prior written consent;
(d) You may not access or use any of the Sites 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, their rights of privacy or publicity;
(e) You may not "spam" others or "phish" for, collect or store personal information about others;
(f) You may not access or attempt to access any data, information, system, or servers on which the Sites are hosted or modify or alter the Sites in any way;
(g) You may not transmit or broadcast any commercial messages, text, photographs, video or audio content to or through any of the Sites; and
(h) You may not link or "deeplink" to, frame, or otherwise, reproduce any of the Sites without our prior consent, except that you may identify Scion products by name or link to the Sites if you comply with the Guidelines for External Sites set forth below.
In addition, you agree to comply with all applicable laws, regulations and other legal requirements relating to your access to and use of the Sites.
You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms, including any unauthorized access to your Account. If you notify us or if we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe.
If permitted or available through any feature or service on any of the Sites, you (a) upload content to any of the Sites or download content from any of the Sites via a mobile device, (b) receive and reply to messages from or on any of the Sites, or to access or make posts using text messaging, (c) browse any of the Sites from your mobile device and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which Scion makes the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including text messaging charges for each text message you send and receive on your mobile device, and all applicable data fees.
Your use of certain of the Mobile Services may incur charges and be subject to other terms from Scion, which charges and other terms will be provided to you via separate terms and conditions for the applicable Mobile Services. Additionally, please check your wireless plan because your carrier's per-minute, text messaging, and data or other charges may apply. You must provide at your own expense the equipment and wireless connections needed for you to use the Mobile Services, and you are solely responsible for any costs you incur to access the Mobile Services. You should keep in mind that the use of the Mobile Services to send content to another person via e-mail or SMS (Short Message Service, or "text messaging") may result in wireless charges to both the sender and the receiver.
When you download any Content from any of the Sites (a "Download"), you understand that it is owned by Scion, its affiliates and/or licensors, as applicable, and is protected by intellectual property laws. Scion 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 and/or mobile device that is compatible solely for your own personal non-commercial use. 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). You may not depict any Downloads on any merchandise or products of any kind or otherwise use any Downloads for commercial purposes. You must provide all equipment and software necessary to connect to the Sites, including, but not limited to, a computer (with internet access) that is in working order and suitable for use in connection with the Sites. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Scion's operations or the Sites.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES, ANY PAGE(S) THEREIN, AND/OR ANY SERVICE(S) OF THE SITES, 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, ANY OTHER EQUIPMENT, OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE. YOU AGREE THAT THE SITES, ANY SERVICE(S) OF THE SITES, AND ANY DOWNLOAD(S), ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Where applicable on the Sites, you may be invited to post your own content ("User Content"). You understand that all User Content is your sole responsibility. Though the Sites are designed to be a safe place to share such User Content, we cannot guaranty that other users and Visitors will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including, but not limited to, photos, images, videos, personal information, name, home address, telephone number, etc.), do not post it to the Sites. Under no circumstances will any of the Scion Entities (as defined below) be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Sites. THE SCION ENTITIES ARE NOT RESPONSIBLE FOR A USER'S OR VISITOR'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITES.
By posting any User Content at the Sites, you hereby grant Scion a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Sites or otherwise have the right to grant the license set forth in this Section; and the posting of your User Content on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Sites.
You acknowledge and agree that Scion may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of Scion, its customers, Visitors, and the public. You understand that the technical processing and transmission of the Sites, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Scion worldwide. Posting of User Content to or through the Sites, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. The Scion Entities shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Sites. SCION SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Sites to:
(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including without limitation, nudity and depiction of drug use);
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of Scion, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Sites;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
(k) "stalk" or otherwise harass another;
(l) collect or store personal information or data about other Visitors or users of the Sites, or disclose another user's or Visitor's personal information or data to any third party;
(m) solicit personal information or data from anyone under 18 years of age; and/or
(n) "bot," "hack," "crack," or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Sites.
You understand that by using the Sites, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Scion does not endorse or have control over what is posted as User Content. User Content is not reviewed by Scion prior to posting and does not reflect the opinions or policies of Scion. Scion makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Sites. Scion assumes no responsibility for monitoring the Sites for inappropriate submissions or conduct, but reserves the right to do so. If at any time Scion chooses, in its sole discretion, to monitor the Sites, Scion nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the users or Visitors submitting any such User Content. Notwithstanding the foregoing, Scion and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable, in Scion's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content. Scion may store User Content indefinitely. However, Scion has no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other Sites users and Visitors. Scion reserves the right, but has no obligation, to monitor disputes between you and other Sites users and Visitors. Scion reserves the right to terminate your access to the Sites if Scion determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback on the Sites. Any comments, suggestions, or feedback relating to the Sites (collectively "Feedback") submitted to Scion shall become the property of Scion. Scion will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, services, application, site, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Sites, or its operations or business, in the future. Without limitation, Scion will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Scion, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You may be invited or asked to attend Scion sponsored events or events held by other Visitors of the Sites which are not in any way associated with Scion at various locations throughout the United States (collectively, "Events"). Your participation in any Events is at your own risk and you hereby agree to release and hold the Scion Entities harmless from and against any liabilities, claims, damages, costs and expenses, including without limitation, any injury or death to you or your minor children or wards, and reasonable attorneys' fees and costs, resulting from attending the Events or participation in any activities available at the Events. You also agree that we (and our designees) may film and record any of the Events sponsored by Scion in which you or your minor children or wards participate, and you hereby agree that such films and recordings shall be owned by Scion and we (and our designees) may use your or your minor children or wards' name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media, now or hereafter known, throughout the world in perpetuity without notice, approval or compensation to you or any third party.
For any voting/rating features that are available on the Sites, you must follow instructions on the applicable page/promotion/feature to submit your votes/ratings, including without limitation, any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess or violation of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. The Scion Entities assume no responsibility or liability for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any Visitor we find to be violating these Terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters.
We respect the intellectual property of others, and we ask all Visitors to the Sites to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on any of the Sites in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact and provide our Copyright Agent with 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 the Sites;
(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 Scion Customer Experience, 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 via this link: http://www.toyota.com/copyrightagent
Communication to Scion with respect to any product or service complaint should be directed to the applicable Scion dealer or to Scion's Customer Experience at 1-866-70-SCION, and not through the Sites. 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.
You may forward information from any of the Sites to another individual person (a "Friend"), including via an email originating from any of the Sites. We may request that you submit information about your Friends, including, without limitation, email addresses, social networks, including but not limited to, Facebook and Twitter, and their personal names so that they may receive the information you request to be sent to them. We will use and store any such information or Personal 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 or 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 that we send to your Friend. We will not be responsible for validating your Friend's 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, but are not required to make such an election. Moreover, we will not communicate with any Friend via text message unless your Friend opts-in to receive text messages from Scion. 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, the Sites, any Service, or any third party for any reason. We specifically disclaim any liability for exercising such right.
You agree to defend, indemnify and hold harmless Toyota Motor Sales, U.S.A, Inc. and its parent, subsidiaries and affiliates, and their respective distributors, dealers, dealer associations and advertising and promotions agencies, licensors and contractors, together with each of their respective employees, agents, directors, officers and shareholders (collectively, "Scion Entities", each a "Scion Entity"), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of the Sites, your breach or alleged breach of any of these Terms, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
You understand and agree that your use of the Sites 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 the Sites.
The Sites and the 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 the Sites or any Content or other material obtained through the Sites will meet your requirements, or that the Sites 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 access to or use of the Sites, including any Mobile Services. No advice or information, whether oral or written, obtained by you from us or through the Sites 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 performance degradation, interruption or delays of any of the Sites, or errors or omissions in any Content or other materials on or through the Sites. We do not make any warranty or representation that your use of the material displayed on, or obtained through, the Sites 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 the Sites 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 the Sites.
YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS EACH SCION ENTITY 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 ANY OF THE SITES.
Excluding the Classifieds, all of the information contained in the Sites is for informational purposes only, and in no way constitutes an offer to enter into any transaction for a Scion vehicle, or other Scion product or service. The purchase of any Scion 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 the Sites are in U.S. dollars only and exclude tax, title, license and registration. Actual dealer price may vary. The Sites shall not be used or relied upon by you as a substitute for information that is available to you from an authorized Scion automobile or parts dealer.
(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:
Scion Customer Experience
19001 South Western Ave.
Torrance, CA 90509
(b) Severability: If any provision of these Terms 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) 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.
(d) Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Sites and supersedes all prior agreements and understandings with respect to the subject matter of these Terms.
(e) 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.
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 THE SITES 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 Scion's goal that the Sites 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, Scion 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 Scion, you acknowledge and agree that you will first give Scion 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., WC12, Torrance, CA 90509. You then agree to negotiate with Scion 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 Scion'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 the Sites 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 Scion 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 Scion 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 Scion 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, Scion 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 the Sites, then prior to accessing and/or using any of the Sites, you may opt-out of this part of the Terms by calling the Scion Customer Experience at 1-877-70-SCION or sending written notification to the following address:
Toyota Motor Sales, USA, Inc., 19001 S. Western Ave., WC12, 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 THE SITES, 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 SCION 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.
If you have any questions, complaints or claims about any of the Sites, or if you are having any technical difficulties with any of the Sites, please visit us here or call us at 1-866-70-SCION.