Last Updated [March 11, 2021]
PLEASE CAREFULLY READ THIS APPLICATION TERMS OF USE/LICENSE AGREEMENT ("AGREEMENT") BEFORE DOWNLOADING, ACCESSING, ACTIVATING, REGISTERING FOR, OR OTHERWISE USING THE DASH CAMERA APPLICATION OR ITS RELATED SERVICES OR CONTENT (THE "APPLICATION") DEVELOPED BY DENSO TEN AMERICA Limited ("TNAM", "WE" OR "US") FOR TOYOTA CANADA INC. AND ITS GLOBAL AFFILIATES (“TOYOTA”). IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION COLLECTED, USED, TRANSMITTED OR RETAINED BY THIS APPLICATION, DO NOT DOWNLOAD, ACCESS, ACTIVATE OR REGISTER FOR THE APPLICATION OR ITS RELATED SERVICES. BY CLICKING ON THE "DOWNLOAD" BUTTON OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. THE APPLICATION IS OWNED OR LICENSED AND OPERATED BY DENSO TEN AMERICA Limited WITH A BUSINESS ADDRESS AT 20200 SOUTH WESTERN AVENUE, TORRANCE CALIFORNIA 90501, AND/OR ITS THIRD-PARTY PROVIDERS. YOUR ACCESS TO AND USE OF THE APPLICATION IS SUBJECT TO THIS AGREEMENT AND ALL APPLICABLE LAWS.
This Application allows you to access, with a Wi-Fi compatible mobile device, and download recorded videos and change settings of a Toyota dash camera accessory (the “Dash Camera”) in an equipped vehicle.
You understand and agree that the Application is licensed, not sold, to you for use with a Dash Camera and only as outlined in this Agreement. We reserve all rights not expressly granted to you. TNAM and/or its licensors own, or have the right to license, the Application and all underlying content, information, applications, and intellectual property. This license does not allow you to use the Application on a device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof.
This license is limited to a non-transferable license to use the Application on the applicable mobile device that you own or control (e.g., iDevice, iPod touch, Android device), in accordance with this Agreement, and, as applicable, Google LLC’s Terms of Service (https://www.google.com/intl/en/policies/terms/), Google Inc.'s (collectively, with Google LLC, "Google") "Google Play Terms of Service" (http://play.google.com/about/terms.html), Google’s Privacy Policy (https://www.google.com/intl/en/policies/privacy/) and/or the Usage Rules set forth in the Apple Inc. ("Apple") "App Store Terms of Service" (https://www.apple.com/legal/internet-services/itunes/us/terms.html), and (https://www.apple.com/legal/sla/). You acknowledge that this application uses the Google Maps API of Google Inc. and you agree to be bound by the Google Inc. Google Maps / Google Earth APIs Terms of Service (https://cloud.google.com/maps-platform/terms/). This license is between TNAM and you (and not Apple, Google or Toyota) and is effective until terminated by TNAM or by you.
As between TNAM and Toyota, TNAM and not Toyota is solely responsible for the Application and the content therein as well as the provision of any maintenance and support services.
In the event the Application is made available via Apple’s App Store (or any successor product), the following terms shall apply:
As between TNAM and Apple, TNAM is responsible for the Application and the content therein, not Apple. As between TNAM and Apple, TNAM is solely responsible for providing any maintenance and support services with respect to the Application; you acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
Eligibility. The Application is intended for and available to individuals (i) who are of legal age of majority in their jurisdiction of residence (and at least 18 years of age); (ii) who own or have a compatible mobile device; and (iii) who own or have access to a compatible Toyota vehicle equipped with the Dash Camera.
1. Installation. You may install the Application on your compatible mobile device by following the installation instructions available from the App Store, the Google Play, as applicable.
2. Unauthorized Use. You are responsible for your (and any authorized third parties) use of the Application in compliance with this Agreement. You acknowledge and agree that any use of the Application occurring through your installed Application shall be deemed to be your actions and that the Toyota Parties (as defined below) may rely upon such actions. You are solely responsible for protecting the security of the installed Application on your mobile device.
3. Uninstalling the Application. To uninstall the Application from your mobile device, follow the directions within the instruction guide for your mobile device. If you uninstall the Application from your mobile device, you will not be able to use the Application to remotely access the Dash Camera on the equipped vehicle.
4. Updates to the Application. The Application may be updated automatically for certain reasons, including, without limitation, to increase Application functionality, to patch or improve Application stability, new versions, and the like (collectively, "Updates"). By installing and registering for the Application, you agree to such automatically requested and received remote Updates, and that such Updates are subject to this Agreement.
1. Information Collected, Stored and Used by TNAM. No personal information is collected or stored by TNAM during download or usage of this Application.
2. Information Collected, Stored and Used by Third Parties. No information is collected or stored by Toyota during download or usage of this Application. Information may be collected, stored and/or used by Google (subject to Google’s Privacy Policy (https://www.google.com/intl/en/policies/privacy/) and/or Apple (subject to Apple’s Privacy Policy (https://www.apple.com/legal/privacy/en-ww/) during download or usage of this application.
3. Utilization of User Information and Purpose of Utilization. The Application requires access to and utilizes certain user information for the Application to work with the Dash Camera. The user information utilized is as follows:
a. Location of Mobile Device. Access to the location of your mobile device is required in order to establish a Wi-Fi connection to the Dash Camera.
b. Service Set Identifier (SSID). The Application utilizes the SSID of your mobile device to establish a Wi-Fi connection. The SSID is the term used to describe the network name of a device when connecting to a Wi-Fi network.
c. Dash Camera Information. Information obtained from the utilization of the Dash Camera, including video recordings, historical location information during recordings, current images photographed by the Dash Camera, Dash Camera settings, and the Dash Camera serial number. The Application utilizes the Dash Camera information to allow the user to adjust the Dash Camera settings. The Application utilizes the Dash Camera serial number to access and organize the Dash Camera recordings.
4. Mobile Device & SIM Card Data. You acknowledge that data on your mobile device may automatically be stored on your SIM card, the mobile device itself, and/or your carrier's network. Your data may remain on the mobile device even if your SIM card is removed; the data left on your mobile device will be accessible to others who use your mobile device, and may be deleted, altered, or transferred to your carrier's network servers. The use of your data will be subject to your carrier's terms and conditions, and privacy policy, and TNAM is not responsible or liable thereof.
5. Location Data. The Application contains Google Maps software that enables a wireless device to display Google Maps, which illustrate location and movement on a map rendering of previously recorded Dash Camera video. To show the Google Map, the Application may provide specific pieces of information, including GPS signals (latitude and longitude), device sensors, Wi-Fi access points, and cell tower IDs, to Google Maps. Google Maps, in turn, displays a map synchronized to the video. For more information, see https://www.google.com/intl/en/policies/technologies/location-data/. You may be able to disable transmission of location data to the Google Maps software through the device-based location settings on your device. Failure to enable, or disabling of, device location services with respect to the Application will prevent use of Google Maps; depending on your device’s operating system, it also may prevent use of the Application. Please consult your device manufacturer’s user manual or other terms and conditions.
1. Application Activation and Information. Your access to the functionality of the Application is dependent on an active connection with the Dash Camera via Wi-Fi link. Each Dash Camera will be equipped with a unique Wi-Fi network SSID and password.
2. Camera Wi-Fi Password. As an Authorized User, you will be granted access to the Dash Camera SSID and password. You are responsible for maintaining the confidentiality of the SSID and password, and are fully responsible for all activities that occur under your password. You agree not to use or modify the SSID and password of another Dash Camera without permission or to disclose your SSID or password to any third party. TNAM and its third party beneficiaries cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
As a condition of using this Application, you agree that you may not and will not:
1. Copy, download, distribute, modify, publish, sell, license, use, reuse, or create derivative works of the Application or any of the content or other material within the Application, including without limitation, the respective copyrighted materials, names, logos, or other trademarks of TNAM or Toyota, Toyota Canada Inc., or Toyota Motor Corporation, except solely to use the Application in accordance with its instructions;
2. Access or use this Application in any way that could or is intended to damage or impair the operation of this Application, or any content of or material displayed in this Application, or any server or network underlying this Application, or interferes with anyone else's use and enjoyment of this Application;
3. Access or attempt to access any data, information, system, or servers on which this Application is hosted or modify or alter this Application in any way;
4. Use the Application for any commercial or unlawful purpose, or in violation of any third party rights;
5. Use the Application in violation of any applicable traffic regulations and driver distraction laws, rules and regulations;
6. Violate the terms of this Agreement or any of the third party applications' applicable terms of use and privacy policies, including, without limitation, Google and Apple. TNAM reserves the right to suspend or terminate your participation in the Application if you are found to be in violation of this Agreement.
TNAM does not charge for use of the Application. However, standard data (and text, if applicable) rates apply for data (and messages, if applicable) sent from and received by your mobile device as determined by your wireless provider and you are solely responsible for such charges and any other charges from your wireless provider. Please contact your wireless provider for complete pricing details.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, YOUR VEHICLE, OR ANY OTHER EQUIPMENT OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE APPLICATION. THE APPLICATION AND ITS 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. TNAM AND ITS THIRD PARTY BENEFICIARIES MAKE NO WARRANTIES THAT THE APPLICATION OR ANY MATERIAL OBTAINED THROUGH IT, AS DESCRIBED HEREIN, WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION 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 USE OF THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE APPLICATION. TNAM AND ITS THIRD PARTY BENEFICIARIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION THAT YOUR USE OF THE MATERIAL DISPLAYED ON, OR OBTAINED THROUGH, THE APPLICATION 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 VIA THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK. TNAM AND ITS THIRD PARTY BENEFICIARIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH DECISION, OR FOR THE ACCURACY, COMPLETENESS, USEFULNESS, OR AVAILABILITY OF ANY CONTENT OR INFORMATION DISPLAYED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION.
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, IF DOWNLOADED FROM THE APPLE APP STORE, THE END-USER MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) FOR THE APPLICATION TO THAT END-USER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE THE RESPONSIBILITY OF TNAM AND ITS THIRD PARTY BENEFICIARIES (BUT NOT TOYOTA) IF NOT EFFECTIVELY DISCLAIMED.
TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT TNAM AND ITS THIRD PARTY BENEFICIARIES ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT EQUAL TO THE PORTION OF THE CHARGES TO YOU FOR THE SERVICES RELATING TO THE PERIOD OF SERVICE DURING WHICH SUCH DAMAGES OCCUR. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, TNAM AND ITS THIRD PARTY BENEFICIARIES AND TNAM’s LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF SERVICES RELATED TO THE APPLICATION) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF TNAM AND ITS THIRD PARTY BENEFICIARIES AND TNAM’s LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF SERVICES RELATED TO THE APPLICATION) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH PROVINCES AND/OR STATES.
YOU UNDERSTAND THAT THE UPLOADING OR DOWNLOADING OF INFORMATION FROM OR TO YOUR MOBILE DEVICE IN CONNECTION WITH THIS APPLICATION IS AT YOUR OWN RISK AND THAT TNAM AND ITS THIRD PARTY BENEFICIARIES ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR USE OF ANY PERSONAL OR OTHER INFORMATION, INCLUDING, WITHOUT LIMITATION, LOCATION INFORMATION. ALL INFORMATION UPLOADED TO THE APPLICATION MAY BE STORED ON YOUR MOBILE DEVICE AND YOU UNDERSTAND THAT THE SECURITY AND SAFETY OF YOUR MOBILE DEVICE AND YOUR VEHICLE IS YOUR SOLE RESPONSIBILITY.
IN ADDITION, TNAM AND ITS THIRD PARTY BENEFICIARIES SHALL HAVE NO LIABILITY FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER, OR ANY OTHER THINGS WE OR OUR SERVICE PROVIDERS DO NOT CONTROL.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE TO EXCUSE ANY NON-PERFORMANCE BY TNAM AND ITS THIRD PARTY BENEFICIARIES OR ANY SERVICE PROVIDER CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND THE CONTROL OF TNAM, ITS THIRD PARTY BENEFICIARIES AND ITS SERVICE PROVIDERS.
IF ANOTHER WIRELESS SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY THAT IT IMPOSES ON ITS CUSTOMERS.
YOU AGREE THAT NEITHER TNAM, ITS THIRD PARTY BENEFICIARIES NOR ANY OF ITS SERVICE PROVIDERS WHO SEND YOU DATA OR INFORMATION THROUGH THE APPLICATION IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION.
YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND INDEMNITIES IN THIS AGREEMENT WILL SURVIVE EVEN AFTER THE AGREEMENT HAS ENDED. THESE LIMITATIONS OF LIABILITY APPLY NOT ONLY TO YOU, BUT TO ANYONE USING YOUR VEHICLE OR DASH CAMERA SERVICES, TO ANYONE MAKING A CLAIM ON YOUR BEHALF, AND TO ANY CLAIMS MADE BY YOUR FAMILY, EMPLOYEES, CUSTOMERS, OR OTHERS ARISING OUT OF OR RELATING TO THIS APPLICATION, OR THE DASH CAMERA.
SOME PROVINCES OR STATES DO NOT ALLOW AN EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR CERTAIN OTHER DAMAGES, SO SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY IN SOME SITUATIONS.
YOU HEREBY RELEASE AND DISCHARGE TNAM, ITS THIRD PARTY BENEFICIARIES TO THIS AGREEMENT AND TNAM’s LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF SERVICES RELATED TO THE APPLICATION) 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 THE APPLICATION.
You agree to indemnify and hold harmless TNAM and its third party beneficiaries from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to your acts and omissions, your use of the Application, your breach of this Agreement, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
The Application is available through your mobile device when your mobile device is within the Wi-Fi operating range of the Dash Camera. The Application is subject to transmission limitation or interruption. TNAM and its third party beneficiaries do not guarantee that the Application (or any portion thereof) will be available at all times and/or in all areas. You acknowledge and agree that TNAM and its third party beneficiaries are not responsible for performance degradation, interruption or delays. You acknowledge that TNAM and its third party beneficiaries shall not be liable to you if the Application in a given location is not available. If the Application is not available within your intended location, you agree that your sole remedy shall be to cease using the Application.
This Agreement is effective until terminated by you or TNAM. We may terminate this Agreement for any or no reason, and with or without notice to you. Your rights under this Agreement will terminate automatically without notice from TNAM if you fail to comply with any term of this Agreement. Upon termination of this Agreement, you shall cease all use of the Application.
We may change, modify, or update this Agreement and/or the Application, including the Application features, from time to time. If applicable, you will be notified that a new version of the Application is available and you will be asked if you wish to upgrade to a new version of the Application. If you use the Application after the upgrade in the Application or change(s) to this Agreement, you agree to such change(s) and its applicability to you. Unless explicitly stated otherwise, any new features or services that augment or enhance the Application in the future shall be considered part of the Application and subject to this Agreement. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, the Application (or any portion thereof), with or without notice to you, and you agree that TNAM and its third party beneficiaries shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.
You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your Equipment (as defined below).
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 THE APPLICATION 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 TNAM’s goal that the Application 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, TNAM 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 TNAM, you acknowledge and agree that you will first give TNAM an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to DENSO TEN AMERICA Limited 20200 S. Western Ave., Torrance, CA 90501. You then agree to negotiate with TNAM 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 TNAM’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 the Application 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 TNAM, its third party beneficiaries 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 TNAM, its third party beneficiaries 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 Judicial Arbitration and Mediation Services, Inc. ("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 TNAM 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, TNAM 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 the Application, then prior to downloading, registering for and using the Application, you may opt-out of this part of the Agreement by sending written notification to the following address: DENSO TEN AMERICA Limited 20200 S. Western Ave., Torrance, CA 90501.
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 USER OF THE APPLICATION, 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 TNAM BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
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.
For the purpose of this Agreement, "Equipment" shall mean any hardware, software or networks associated with bringing you the Application, including, but not limited to, your mobile device and your Dash Camera.
Assignment: You may not assign this Agreement without TNAM prior written consent.
Entire Agreement: This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
Governing Laws: THIS AGREEMENT IS SUBJECT TO THE LAWS (EXCLUDING CONFLICTS OF LAWS PROVISIONS) OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA, U.S.A.
Export Control Laws: You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Application. You agree that you will not export or re-export the Application in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law.
Your Representations and Warranties. By downloading the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Responsibility. You acknowledge that Apple is not responsible for addressing any claims relating to the Application or your possession or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, as between Apple and TNAM, TNAM will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
Third-Party Beneficiaries. YOU ACKNOWLEDGE AND AGREE THAT, AS APPLICABLE, TOYOTA CANADA INC. AND ITS PARENT, SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE DISTRIBUTORS, DEALERS, DEALER ASSOCIATIONS AND ADVERTISING AND PROMOTIONS AGENCIES, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, (HEREINAFTER REFERRED TO AS THE "TOYOTA PARTIES") APPLE AND APPLE'S SUBSIDIARIES, GOOGLE AND GOOGLE'S SUBSIDIARIES, AND ALL OTHER SERVICE PROVIDERS TO DASH CAMERA APPLICATION AND SERVICE, ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT AND THAT, UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE TOYOTA PARTIES, APPLE, GOOGLE, AND SERVICE PROVIDERS, AS APPLICABLE, WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THIS AGREEMENT AGAINST YOU AS A THIRD-PARTY BENEFICIARY THEREOF.
Additional Provisions: The Application is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
If you have any questions, complaints or claims about the Application, or if you are having any technical difficulties with the Application itself, please contact us:
United States customers can call us at 1-800-255-3987.
Canadian Customers can call us at 1-888-TOYOTA-8 (1-888-869-6828).