TMX TOYOTA ATHLETE PROGRAM WEBSITE TERMS & CONDITIONS
Effective as of January 22, 2007
(Continental United States Only)
Welcome to the TMX Toyota Athlete Program website at www.ridetmx.com (the “Site”).
Please take a moment to review the Terms and Conditions detailed below (the “Terms”). Section I applies to all visitors to this Site (“Visitors”), regardless of their level of participation; by visiting the Site you accept and agree to be bound by the terms and conditions set forth in Section I. If you elect to complete a Racer’s Entry Form or a Fan Entry Form on the Site and utilize the TMX Forums (as defined in Section II), you must also read Section II, as you will be bound by the terms and conditions set forth in that section as well as Section I and Section III, if applicable. If you elect to complete a Racer’s Entry Form or a Fan Entry Form on the Site and utilize the [Pro Files] or [TMX Tested] portion of the Site (as each such term is defined in Section III), you must also read Section III, as you will be bound by the terms and conditions set forth in that section as well as Section I and Section II, if applicable. Please note that we may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms from time to time.
Section I
Privacy Policy: This website has a Privacy Policy at www.ridetmx.com/privacy.php. You should review the Privacy Policy before further using this website, regardless of your level of participation, as you will be bound by the terms of the Privacy Policy.
Limitations on Use: THIS WEBSITE IS ONLY INTENDED FOR VIEWING IN, AND BY PERMANENT RESIDENTS OF, THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA SIXTEEN (16) YEARS OR OLDER. If you are not an intended Visitor, kindly discontinue viewing of this website. 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 contents of or material displayed on this website for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary. You may not access or use this Site in any way that could or is intended to damage or impair the operation of this Site, or any content of or material displayed on this Site, or any server or network underlying this Site, or interferes with anyone else's use and enjoyment of this Site.
Copyrights and Other Proprietary Rights: You should assume that everything on this Site is copyrighted unless otherwise noted, and that it must not be used except as provided in these Terms and/or with our express written consent and/or the consent of any third party we deem necessary. We neither warrant nor represent that your use of the material displayed on this website will not infringe the rights of third parties. Any material, service, or technology described or used on this website may be subject to other intellectual property rights owned by us or by third parties who have licensed to us such material, service, or technology. Any such right that is not expressly licensed herein is reserved by us.
All photographs, including without limitation all photographs of all Visitors who complete a Racer’s Entry Form on the Site to compete as part of the TMX Toyota Athlete Program (“TMX Program Racers”), all photographs of all Visitors who complete a Fan Entry Form on the Site (“TMX Program Fans”), all content in the forum (including any text), all content in the [Pro Files] and [TMX Tested] portion of the Site and all images of people, things and/or places displayed on this website (collectively, “Images/Text”) are either our property or used by us with permission from TMX Program Racers, TMX Program Fans or other third parties. You may not use these Images/Text unless expressly permitted in these Terms or elsewhere on this website. Any unauthorized use of these Images/Text may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Trademarks: The trademarks, logos, and service marks, whether registered or unregistered (collectively the "Trademarks") used on this Site, including “TMX”, “Toyota”, “Tacoma” and “Tundra”, are Trademarks of TMS/USA, its parent, subsidiary or affiliated companies (collectively, “TMS/USA Entities”), or third parties. Nothing contained on this website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or the consent of such third party that owns the Trademarks. Any use of the Trademarks on this website is prohibited.
Submissions: Please note that apart from your personal information (which is addressed in the Privacy Policy), any communication or material you submit to this Site, electronically or otherwise, including, but not limited to, comments, questions, suggestions, or submissions, is and will be treated as non-confidential and non-proprietary, unless otherwise stated in the Privacy Policy. Any comments you submit to this Site may be used by us and our designees for any purpose, including, but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to this Site, you irrevocably transfer and assign to us, and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such material. We and our designees are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to this Site for any purpose whatsoever.
No Warranties: The information and services provided or referenced on tHIS SITE are provided "as is" and with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the Visitors. We make no warranty, either express or implied, that any information or service provided or referenced on tHIS SITE is either merchantable or accurate, that such information or service will fulfill any of your particular purposes or needs, or that such information or service does not infringe on any third party rights. We assume no liability or responsibility for any errors or omissions in the content of this website.
Any opinions or statements or other material expressed, transmitted, or posted on this Site by Premium Members or Guest Commentators (as defined in Section III below) are those of such parties, and we do not endorse any such opinion, statement, or other material. Any Visitor who feels that a chat, blog, or other posting is objectionable is encouraged to contact us immediately at info@ridetmx.com. Although we do not typically review or monitor all postings on this Site (and have no obligation to do so), we have the ability to remove objectionable content and we will make every effort to do so, within a reasonable time frame, if we determine in our sole discretion that removal is necessary or appropriate.
You must be aware that any information provided by a Premium Member or Guest Commentator may be incorrect or misleading and it is your responsibility to take precautions when using any such information. Any decision or action taken by you on the basis of information or content provided on this Site 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 this website, or for the timeliness, deletion or misdelivery of, or failure to store or post, any communications or personalization settings.
Limitation of Liability: To the maximum extent allowed by law, neither we (which for the purpose of this paragraph shall include all RELEASED PARTIES AS DEFINED IN THE PARAGRAPH ENTITLED “RELEASE OF LIABILITY” BELOW) nor any other party involved in creating, producing, or delivering THIS SITE (including PREMIUM MEMBERS and GUEST COMMENTATORS), will be liable for any direct, indirect, incidental, consequential, SPECIAL or punitive damages (including, without limitation, lost profits, cost of procuring substitute service, or lost opportunity), however caused, arising out of your access to, use of, or reliance on any material or content provided on this site, even if we have been advised of the possibility of such damages. Without limiting the foregoing, we assume no responsibility, and will not be liable, for any damages relating to or caused by any viruses which may affect your computer equipment or other property on account of your access to or use of this website. We cannot and do not guarantee continuous, uninterrupted, or secure access to THIS SITE.
Release of Liability: You agree to release, discharge, indemnify, and hold harmless the TMS/USA Entities, their respective distributors, dealers, dealer associations, advertising and promotions agencies, and each of their respective officers, directors, employees, representatives, contractors and agents (collectively, the “Released Parties”) 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 participation in this Site or otherwise accessing this Site, including, without limitation, your breach of these Terms or the use by us or our designees of any rights granted by you.
Links: We are not responsible for the contents of any website linked to this Site, and the fact such links are provided on this Site does not indicate our approval or endorsement of any material contained on any linked website. Your connection to and use of any such linked website is at your own risk.
Termination: We reserve the right to deny use of all or part of this Site to any Premium Member, Guest Commentator, or other Visitor for any reason without notification. We may, in our sole discretion and at any time, modify or terminate this Site and remove or refuse to post any information, content, or materials.
Copyright Infringement and Copyright Agent: We respect the intellectual property of others, and we ask our Visitors to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on this website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
- a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this website;
- your address, telephone number, and email address;
- 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
- 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:
By mail:
TMX Toyota Rider Program – Copyright Issues
c/o Toyota Motor Sales, U.S.A., Inc.
19001 S. Western Avenue, Suite A204
Torrance, CA 90501
Attention: Engagement Marketing
Disputes: You agree that (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Site (including without limitation, any alleged violation of these Terms, any controversy relating to the arbitrability of any dispute, or any claim that these Terms (or any part thereof) are invalid, illegal, or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your participation in this Site or otherwise accessing this website, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Site or any content or other material used or displayed on this website.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or our rights and obligations in connection with this Site, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
General: Any failure by us to enforce any of our rights under these Terms or applicable laws shall not constitute a waiver of such right. If any provision of these Terms is found to be invalid, you and we shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms shall retain their full force and effect.
You agree to follow and comply with any applicable laws in your use of this Site.
If you have any questions or otherwise wish to communicate with us, please email us at info@ridetmx.com.
Section II
The site contains user forums that allows TMX Program Racers and TMX Program Fans (collectively, “Premium Members”) to post their own user generated content relating to the TMX Toyota Rider Program and motorsports generally for discussion purposes with other Premium Members (the “Discussion Forums”). Any Premium Member may submit text under his or her user name at any time on the Discussion Forum, by initiating a new discussion topic or by responding to an existing discussion topic on the Discussion Forums. Only Premium Members can view the postings on the Discussion Forums, post a new discussion topic and respond to an existing discussion topic on the Discussion Forums.
Who Can Participate: Each Premium Member must be a permanent resident of the United States who (a) is of legal age or majority in his or her state of residence and at least 16 years of age at the time of registration, and (b) has a valid, active U.S.-based e-mail address at the time of registration. If a participant is under the age of twenty-one (21) at the time of registration, the participant’s parent or legal guardian must register the participant; which will require, in addition to the on-line registration process described above, that the participant’s parent or legal guardian completely fill out, sign and have notarized a Parental/Guardian Consent and Release (a “Parental Consent”) which must then be faxed to (866) 493-9127, all in accordance with the form and instructions located on the Site, under the TMX Racer Entry or the TMX Fan Entry pages. A participant who requires a Parental Consent will NOT be registered as a Premium Member until his Parental Consent is received as provided above.
Discussion Forum Text Submission Specifications/Code of Conduct: Discussion Forum text may not include telephone numbers, street addresses, last names, or other personally identifiable information about you or anyone else. You agree that you will not use these discussion forums to post any material which:
(A) is false and/or defamatory, inaccurate, libelous, abusive, vulgar, hateful, harassing or threatening, obscene, offensive, or contains disparaging remarks about other people or companies; endorses any form of hate or hate group; or is profane or pornographic;
(B) is sexually oriented, explicit or suggestive;
(C) is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
(D) promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may be construed as unsafe or dangerous; or promotes any particular political agenda or message;
(E) advertises or promotes any brand or product of any kind (excluding Toyota brand vehicles);
(F) contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses or social networking website addresses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, or is invasive of a person’s privacy;
(G) contains copyrighted materials owned by others;
(H) communicates messages inconsistent with the positive images and/or good will to which we wish to associate for the TMX Toyota Rider Program and the Site; and/or
- is otherwise violative of any law.
You also agree not to submit any messages or comments for posting that are not original with you or are not owned by you. We reserve the right to monitor any posting or not post or remove any posting that we determine is spam, off-topic, or violates these Terms and any other code of conduct posted on this website or otherwise inappropriate as we determine in our sole discretion. We also reserve the right to selectively remove any or all postings at certain regular time intervals, which time intervals we may elect to change from time to time. Note, however, that we have no obligation to review the submitted materials and specifically disclaim any responsibility or liability for them.
Representations; Indemnity: You warrant and represent that: (a) the names and e-mail addresses you identified to us for yourself are accurate, complete, and valid; (b) you are the sole and exclusive owner of the photograph(s) and all rights therein; (c) you have the full and exclusive right, power, and authority to submit the photograph(s) and any blogs and messages that you post (“Member Submissions”), and to grant us the rights to the Member Submissions herein granted upon the terms and conditions set forth herein; (d) no part of the Member Submissions has previously been published; (e) no rights in the Member Submissions have been previously granted to any person, firm, corporation, or other entity, or otherwise exercised or exploited; (f) your Member Submissions are in keeping with our image and are not offensive or otherwise violate any part of these Terms; (g) your Member Submissions do not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights; (h) if your Member Submissions appear to endorse Lexus, Toyota, or Scion brand vehicles or any TMS/USA Entities, and/or imply any association with any TMS/USA Entities or our business, you consent to such appearance of endorsement and/or association, and if a third party appears to endorse, or be associated with, Lexus, Toyota or Scion brand vehicles, TMS/USA Entities or our business, you have obtained the express written consent of such third party to such endorsement and/or association (and, if requested to do so, can produce such written consent in a form and manner acceptable to us); and (i) if any photograph contains persons other than yourself or third party elements not owned by you, you have obtained express written consent to submit such photograph and allow it to be used in the manner contemplated by these Terms from each and every person depicted in the photograph and each and every owner of any third party element, and, if requested to do so, can produce such written consent in a form and manner acceptable to us (and in particular, if any minor is depicted in any photograph, you have obtained the express written consent of the minor’s parent or legal guardian to submit such photograph and allow it to be used in the manner contemplated in these Terms).
Breach of Agreement: If you fail to abide by the Discussion Forum Text Submission Specifications/Code of Conduct, we may elect to send you an email that informs you that your submission has been deleted or edited. This email may also include a warning that continuing to break the terms of this Agreement may result in action being taken against your account or accounts. This action may include your relevant account being placed into temporary or permanent suspension of your ability to participate in any or all areas on the Site, and/or our pursuing further legal claims or actions against you. In addition, we reserve the right to use all available information about you to remedy or prevent any infringements of the Discussion Forum Text Submission Specifications/Code of Conduct or any other inappropriate behavior, including without limitation providing all available information about you to law enforcement or other governmental authorities or otherwise informing relevant third parties of your infringement, such as your employer, school, parents or internet service provider. The foregoing should not be construed as a full listing of all rights and remedies which we may have, all of which are hereby reserved.
Section III
Information Contained in [Pro-Files] and [TMX Tested]: The Site contains information, facts and opinions from various individuals and organizations (collectively “Guest Commentators”) in the form of “Training Tips,” “Racing Tips,” “Equipment Tips,” “Product Reviews”, Track Reviews and similar informational, fact-based and/or opinion-based features (collectively the “Informational Guides”). The “Informational Guides” may be used for education or reference purposes only. No commercial or other use, distribution, or reproduction is permitted. THE “INFORMATIONAL GUIDES” AND ANY INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE RELEASED PARTIES DO NOT ENDORSE NOR ARE THEY RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT CONTAINED IN THE INFORMATIONAL GUIDES. YOU SHOULD BE AWARE THAT THE ANY INFORMATION IN THE INFORMATIONAL GUIDES MAY BE INCORRECT OR MISLEADING AND IT IS YOUR RESPONSIBILITY TO TAKE PRECAUTIONS WHEN USING THE INFORMATIONAL GUIDES.
I ACCEPT THE TERMS AND CONDITIONS