Terms of Use
WEB SITE TERMS & CONDITIONS OF USE
https://toyota-community.kinto-technologies.com (the ‘Web Site’) is owned by Toyota Financial Services Corporation (TFSC) and operated by Kinto Technologies Corporation (“KTC”), a subsidiary of TFSC. “We”, “us”, “our” refer to TFSC and KTC, collectively.
TFSC reserves the right to change these terms and conditions at any time, and you agree that each visit you make to the Web Site shall be subject to the current terms and conditions as published on our website.
BY USING THE WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEB SITE.
General Terms of Use
By accessing the Web Site, you agree to be bound by these Web Site Terms & Conditions of Use and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to the Web Site and these Web Site Terms & Conditions shall be governed by the laws of Japan. The materials contained on the Web Site are protected by applicable laws including copyright and trademark laws.
Internet Etiquette
Electronic forums such as email distribution lists, web-based forums, and classified advertising lists that may be provided by us have ground rules and established etiquette for posting messages or materials to these forums. You should be considerate of the expectations and sensitivities of others on the network when posting materials for electronic distribution. You may not use the Web Site to impersonate another person or misrepresent that you have authorization to act on behalf of us or any other parties. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users’ email accounts, or any other attempt at 'hacking', is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.
Disclaimer and Limitation of Liability
Throughout the Web Site we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any of our respective affiliated companies operate or control in any respect any information, products or services that third parties may provide on or through the Web Site or on websites linked to by us on the Web Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEB SITE AND ANY THIRD-PARTY SITES ARE PROVIDED \"AS IS\" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEB SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEB SITE, INCLUDING FORUMS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEB SITE OR MATERIALS ON THE WEB SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Web Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Web Site is provided for informational purposes only and is not intended for trading or investing purposes, or for commercial use. The Web Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
In no event shall TFSC or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, consequential damages or punitive damages, arising out of the use of or inability to use the materials contained on the Web Site even if we have been notified of the possibility of such damage. If the relevant jurisdiction you live in limits or does not allow the exclusion of implied warranties, the above exclusion may be limited or not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The information and opinions expressed in General or Broadcast channels, or other electronic forums conducted on the Web Site are not necessarily those of TFSC nor its service providers, affiliates, associates, subsidiaries or partners and we make no representations or warranties regarding that information or those opinions. Neither TFSC nor its service providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
If, notwithstanding the other provisions of these Terms and Conditions of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Web Site, our liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Limited License
We hereby grant you a limited license to view on your computer, print, or download any content made available on the Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only. Without limiting the generality of the foregoing, you may not make any commercial use of such content, either alone or in or with any product which you distribute nor copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trademark, trade name or other proprietary property of TFSC or any other party who owns or has proprietary rights to the content, information and materials provided on the Web Site.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by us or by other parties that have licensed their material to us. Material from the Web Site or from any other web site owned, operated, licensed or controlled by us may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.
Changes and Improvements
We may at any time make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on the Web Site including these Web Site Terms and Conditions of Use, without any liability.
Jurisdictional Issues
Due to the nature of the Internet, it is not possible for us to restrict access to its web site only to those jurisdictions in which it does business. We offer services and programs in many parts of the world. The Web Sites may refer to certain services or programs that are not available worldwide. Reference to such services or programs does not imply that we intend to offer such service or programs in all countries or locations.
Unless otherwise specified, the materials contained on the Web Site are presented solely for the purpose of providing information to persons. The Web Site is controlled and operated by TFSC form its office in Aichi Japan and KTC from its office in Tokyo, Japan. We make no representation that any of the materials contained in the Web Site are appropriate or available for use in other locations or jurisdictions. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Web Site Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Japan and users of the Web Site irrevocably attorn to the exclusive jurisdiction of the Nagoya District Court of Japan. Any provisions of these Terms and Conditions of Use which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of these Terms and Conditions of Use. These Terms and Conditions of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
Privacy
We have established a privacy policy covering the collection, use, and disclosure of user information, which can be found at https://toyota-community.kinto-technologies.com/privacy.
Submissions
By posting/sending a message in any public electronic forum on the Web Site, you agree to have that message along with your name and/or username posted for public viewing both here and in other promotional and advertising materials and on other Toyota web sites, without compensation. We do not undertake to necessarily post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of us. You may copy the posted messages for personal use, but redistribution in any way requires the prior written permission of us. In consideration of this authorization, you agree that any copy you make of any message(s) located on these Web Site shall retain all copyright and other proprietary notices contained therein.
You represent and warrant that: (i) you own the content posted by you on or through the Web Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You agree to grant to us, a non-exclusive, royalty free, worldwide, irrevocable, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of the Web Site or which you provide by email or any other means to us and in any media now known or hereafter developed. Further, you grant to us the right to use your name and or username in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto, together with use on any other our web sites. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Web Site. You agree that you irrevocably waive any claims and assertions of moral rights or attribution with respect to the content posted by you.
Any ideas, suggestions, and feedback about our products or the Web Site that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.
Prohibited Acts
To maintain an informative and valuable service that meets the needs of the users of the Web Site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
- Restrict or inhibit any other user from using and enjoying the Web Site.
- Use the Web Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Web Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Web Site.
- Use the Web Site to instigate or encourage others to commit illegal activities or cause injury or property damage or interfere with business interests or contractual relations of any person.
- Gain unauthorized access to the Web Site, or any account, computer system, or network connected to the Web Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site.
- Use the Web Site to post or transmit any unlawful, harmful, threatening, abusive, libelous, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise), defamatory, obscene, vulgar, harassing, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law.
- Use the Web Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Web Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Web Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Web Site to advertise or solicit to anyone to buy or sell products or services, to cease using the Web Site, to visit another competing web site, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Web Site.
You may not:
You agree to indemnify us and each of its officers, directors, employees, agents, distributors and affiliates from and against all third-party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing, or other provisions of these Terms and Conditions of Use.
You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Web Site through which users can supply information or material. However, we always reserve the right to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions of Use. We also reserve the right to deny access to the Web Site or any features of the Web Site to anyone, for any reasons, including because of persons who violate these Terms and Conditions of Use or who, in our sole judgment, interferes with the ability of others to enjoy the website or infringes the rights of others.
Copyright Policy
We have adopted and implemented a copyright policy in accordance with the Digital Millennium Copyright Act of 1998.
In appropriate circumstances and at our sole discretion, we may disable and/or close the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Passwords
To use certain features of the Web Site, you will need a username and password, which you will receive through the Web Site's registration process. You may not license, sell, or transfer your account without our prior written approval. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Classified Advertising
The Web Site may include certain classified advertising services. When you submit a classified ad for publication on the Web Site, you agree that the advertisement as it appears on the Web Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Web Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion.
Termination
We reserve the right to modify, suspend, or discontinue the Web Site (in whole or in part) at any time, with or without notice to you. You agree that we will not be liable to you for any modification, suspension, or discontinuation of the Web Site or any part thereof.
We may suspend, cancel or terminate your right to use the Web Site or any part of the Web Site at any time without notice. In the event of suspension, cancellation or termination, you are no longer authorized to access the part of the Web Site affected by such suspension, cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Web Site, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Use, shall survive.
You may terminate your agreement to these Terms and Conditions of Use at any time and for any reason by deleting your account and discontinuing use of the Web Site.
Use by Minors
If you are a person with limited capacity, such as a minor (someone under 16 years of age), you may only use the Web Site with the consent of a legal representative, such as a person who has parental authority over you.