PLEASE READ CAREFULLY. These terms of use set forth the terms for your use of Toyo Tire U.S.A. Corp.’s (“Toyo Tires”) websites and mobile applications and the services contained therein (individually and collectively, the “Services”). By using any of the Services you agree to be bound by these terms of use and such other terms of use applicable to the specific Service, if any (collectively, “Terms of Use”). You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully and save it. If you do not agree with it, you should immediately discontinue use of the Services.
In order to participate in certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into these Terms of Use.
Eligibility. The Services are not available to individuals under 18 years old (19 in Alabama and Nebraska). You represent and warrant that you are of legal age to form a binding contract. If you are not of legal age to form a binding contract, the Services are not available to you. Toyo Tires may, in its sole discretion, refuse to offer any or all of the Services to any person or entity and/or change its eligibility criteria at any time without notice. You may not use the Services if Toyo Tires has previously banned you from using the Services and/or closed your account.
Services. The Services may be modified, updated, interrupted, suspended, or discontinued at any time by Toyo Tires without notice or liability.
Registration. As a condition to using certain Services, you are required to register and represent, warrant, and covenant that you provided Toyo Tires with accurate, truthful, and complete registration information, including, but not limited to, your name ("User Name"), e-mail address and a password and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account.
You shall not:
Toyo Tires reserves the right to refuse registration of, or cancel your account in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You agree never to use another user's account without such user's prior express permission. You will immediately notify Toyo Tires in writing of any unauthorized use of your account, or other account related security breach.
Content. All Content (as defined below), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Toyo Tires cannot guarantee the authenticity and/or accuracy of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible and liable for any damage, loss, or harm to you or any other party resulting therefrom. The term "Content" includes, without limitation, any location information, videos, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Toyo Tires on or through the Services. Icons created by and modified from www.freepik.com, Freepik, www.flaticon.com, are licensed under creativecommons.org/licenses/by/3.0/ Creative Commons BY CC BY 3.0.
Toyo Tires Content. All Content, excluding the User Content (as defined below), used on or through the Services (“Toyo Tires Content”) is protected by copyright, trademark, patent, trade secret and/or other proprietary rights and laws, as applicable. Toyo Tires and its licensors own and retain all right, title, and interest in the Toyo Tires Content and the Services. Subject to these Terms of Use, Toyo Tires hereby grants you a limited, nonexclusive, revocable, non-sublicensable, and non-transferable license to use the Toyo Tires Content (excluding any software code) solely for your use in connection with viewing and use of the Services. Except for your own User Content and as provided for as a Service, you may not: (i) upload or publish Toyo Tires Content, including without limitation on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation; (ii) copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, create derivative works of or sell any Toyo Tires Content appearing on or through the Services; and (iii) use any of the Toyo Tires Content for any other purpose except as provided for herein.
User Content. You are solely responsible for the photos, profiles (including your name, image, and likeness), product reviews, messages, notes, text, information, music, video, advertisements, listings, and other content that you add, upload, submit, publish, post, or display (hereinafter, "post") on or through the Services, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on or through the Services that you did not create or that you do not have permission to post. You understand and agree that Toyo Tires may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that, in the sole judgment of Toyo Tires, violates these Terms of Use, or that might be offensive, illegal, or violate the rights of, harm, or threaten the safety of users or others. You understand that any User Content removed by you or Toyo Tires may persist in backup copies for a reasonable period of time (but following removal will not be publicly available through the Services) or may remain with users who have previously accessed or downloaded User Content. None of the User Content shall be subject to any obligation of confidence on the part of Toyo Tires, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
Toyo Tires does not endorse and has no control over User Content. User Content is not necessarily reviewed by Toyo Tires prior to posting and does not necessarily reflect the opinions or policies of Toyo Tires. Toyo Tires assumes no responsibility for monitoring the Services for inappropriate User Content or conduct. If at any time Toyo Tires chooses, in its sole discretion, to monitor the Services, Toyo Tires nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content except as required by applicable law, and no responsibility for the conduct of the user submitting any such User Content. Toyo Tires makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other users.
You are solely responsible, at your sole cost and expense, for creating backup copies and replacing any User Content you post on or through the Services. Toyo Tires will not be responsible or liable for any lost User Content resulting from: (i) removal of User Content by Toyo Tires pursuant to these Terms of Use; (ii) termination of the Services; or (iii) any hardware, software or other technical failure.
By submitting User Content through the Services, you hereby do and shall grant Toyo Tires (and its successors and assigns) a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services or promotion thereof or for any other purpose (commercial, advertising or otherwise), including without limitation, for marketing and promotional purposes in any media formats and through any media channels, whether now known or hereinafter created. You acknowledge that other users of the Services may download your User Content and that Toyo Tires shall not be responsible or liable for any damage, loss or harm resulting from such download of your User Content. You represent and warrant that you have all rights to grant such licenses to Toyo Tires and the Service users without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you on or through the Services. In addition, you hereby grant Toyo Tires a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use and/ or incorporate into the Service or any Toyo Tires product any suggestions, enhancement requests, recommendations or other feedback you provide relating to the Service or any Toyo Tires Product.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you are a copyright owner and you believe your copyrighted material has been used in any way that constitutes copyright infringement, please see Toyo Tires’ DMCA Notice Policy.
Prohibited User Content and Prohibit User Activities. The following is a partial list of User Content and activities that are illegal and/or prohibited on the Services. Toyo Tires reserves the right to investigate and take appropriate legal action against anyone who, in Toyo Tires’ sole discretion, violates this provision, including without limitation, removing the offending communication from the Services, terminating access and use of the Services to violators, and reporting violators to the appropriate legal authorities. Prohibited User Content includes, but is not limited to, User Content that, in the sole discretion of Toyo Tires:
Prohibited activities include, but are not limited to, to the following activities:
Third Party Websites and Content. The Services may contain (or you may be sent through the Services) links to other websites, applications, or services ("Third Party Sites") and/or articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Toyo Tires, and Toyo Tires is not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Sites or Third Party Content. If you decide to leave the Services and access Third Party Sites or use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You acknowledge and agree that Toyo Tires shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Site or Third Party Content.
Disputes. You are solely responsible for your interactions with other users of the Services. Toyo Tires reserves the right, but has no obligation, to monitor disputes between you and other users.
Privacy Policy. Use of the Services and the information provided is governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.
Modification. Toyo Tires may modify these Terms of Use from time to time and such modification shall be effective upon posting on Toyo Tires’ website (www.toyotires.com). You agree to be bound to any modification to these Terms of Use when you use any of the Services after such modification is posted. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any modifications.
DISCLAIMER. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS," “WITH ALL FAULTS,” AND "AS AVAILABLE" BASIS, AND TOYO TIRES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. TOYO TIRES MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. TOYO TIRES ASSUMES NO RESPONSIBILITY 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, ANY USER COMMUNICATION. TOYO TIRES IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL TOYO TIRES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE.
LIMITATION OF LIABILITY. ALL LIABILITY OF TOYO TIRES, ITS DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SERVICES OR CONTENT IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF TOYO TIRES, ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOYO TIRES, NOR ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT TOYO TIRES, ITS DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SERVICES OR CONTENT FOR:
Governing Law. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Orange County, California.
Indemnity. You agree to defend, indemnify, and hold harmless Toyo Tires, its direct and indirect (through one or more intermediaries) parent entities, subsidiary entities and affiliated entities, and its or their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from: the Services; your use of the Services; your User Content; your fraud, violation of law, or willful misconduct; and any breach by you of these Terms of Use.
Miscellaneous. These Terms of Use and the agreements, policies and terms to which it refers constitute the entire agreement between you and Toyo Tires regarding the use of the Services. The failure of Toyo Tires to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
If you have any questions about these Terms of Use, please contact Toyo Tires at:
Toyo Tire U.S.A. Corp.
3565 Harbor Blvd
Costa Mesa, CA 92626
Effective Date: April 1, 2013