Scion FR-S Terms and Conditions

Terms and conditions Program Website

Program Terms and Conditions

Welcome to the FR-S Scion First ”86” Website (this “Website”). Before you (“Entrant”) submit an entry, please carefully review and accept the following Terms and Conditions:

The FR-S Scion First “86” Program (the “Program”) is NOT a vehicle purchase. This Program will select individuals for the opportunity to purchase or lease one of the first 86 Scion FR-Ss in the continental United States. In the event you are selected as one of the 86 participants in the Program (“86 Participant”), after you configure and request your Scion FR-S (the “Vehicle”) through this Web site, you will be required to contact your selected Scion dealer (“Selected Dealer”) to agree upon the price of the Vehicle and complete your transaction for the Vehicle.
Only 86 individuals will receive the opportunity to purchase or lease one of the first 86 Scion FR-Ss in the continental United States. Entrants from Alaska, Hawaii, Puerto Rico and Canada, among others, are not eligible.
In the event you are selected as an 86 Participant, you will NOT be required to purchase the vehicle that you have requested on this Website. You can cancel at any time by contacting your Selected Dealer.

How To Enter / Selection of 86 Participants

The Program will offer 86 individuals the opportunity to purchase or lease one of the first 86 Scion FR-Ss in the continental United States. If an 86 Participant successfully finalizes the transaction for the Vehicle with the Selected Dealer, the Vehicle is scheduled to be delivered prior to the official on-sale date of the Vehicle to the general public.
The Program opens on Thursday, January 12, 2012 at 9:00am PST and will remain open for 8 hours and 6 minutes.
Entrants must select their color, transmission, and Selected Dealer at the time their entry is submitted via the Website.
To submit an entry, an Entrant must provide the following information and hereby agrees to the following terms and conditions:
1. First Name, Last name, Address, email address, phone number.
2. Only one entry per Entrant permitted.
3. Color and transmission selections of the Vehicle are final.
4. The Selected Dealer that the entrant has selected is final, subject to the terms herein.
5. Entrant must be at least 18 years of age or older and not a minor in their state of primary residence. Entrant must have primary residence in the continental United States (i.e. Entrants with primary residence in Alaska, Hawaii, Puerto Rico and Canada, among others, are not eligible). Entrant may not be 1) an employee of Toyota Motor Sales, U.S.A (“Toyota” and, together with its parent company, subsidiaries and affiliates, the “Toyota Entities”), the Toyota Entities or any subsidiary, affiliate, service provider, advertising or promotion agency, dealer, or service provider (including its advertising and promotion agencies) of the Toyota Entities or 2) an “Immediate Family Member” of any individual set forth in 1) above. For purposes of this Program, “Immediate Family Member” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings and/or spouses.
6. Entrant has read the FAQs and agrees to the terms and conditions set forth herein. By participating in the Program, each Entrant agrees to be bound by the Terms and Conditions set forth herein and be bound by the decisions of the Toyota Entities. By participating in this Program, each Entrant agrees to release the Toyota Entities or any subsidiary, affiliate, service provider, advertising or promotion agency, dealer, or service provider (including its advertising and promotion agencies) of the Toyota Entities from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in the Program. Each Entrant authorizes the Program and the Toyota Entities to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, and on a list of the 86 Participants, if applicable, without compensation or further approval unless prohibited by law.
7. Entrant recognizes and agrees that, in the event he/she is selected as an 86 Participant, he/she will be required to pay a $500 deposit to the Selected Dealer in order to confirm their purchase request and remain in the Program.
Entrants will be randomly selected to receive the opportunity to purchase or lease one of the first 86 Scion FR-Ss in the United States. The 86 Participants will be selected based on a random drawing within certain regions determined by the Toyota Entities in its sole discretion. Vehicles will be allocated to certain regions as determined by the Toyota Entities in their sole discretion. Only one (1) Vehicle will be allocated to any one dealer within any region. In the event that more than one 86 Participant has selected the same dealer within the region, such 86 Participant(s) shall have the opportunity to select an alternate dealer based on Toyota policies. The decisions of the Toyota Entities with respect to the allocation of Vehicles and the selection of the 86 Participants are final and binding.
Scion, a division of Toyota (“Scion”) will notify Entrants within 24 hours of submission if they are selected as one of the 86 Participants.
The 86 Participants’ may not assign or transfer their right to purchase/lease the Vehicle to any other person or entity. No substitution or cash alternative is allowed in the Program. Any 86 Participant may cancel their intent to purchase or lease of the Vehicles at any time by contacting your Selected Dealer. Cancellation by any 86 Participant will result in forfeiture of such 86 Participant’s opportunity to participate in the Program and neither the 86 Participant nor the Selected Dealer will have any further obligation or right against the other (or against the Toyota Entities or any subsidiary, affiliate, service provider, advertising or promotion agency, dealer, or service provider (including its advertising and promotion agencies) of the Toyota Entities in connection with the Program.
Scion reserves the right to disqualify any Entrant that provides any false information or is determined to be in violation of any term or condition in these Terms and Conditions in the sole discretion of Scion.
By entering the Program, Entrant understands that information may be collected by Toyota via a third party host. The information provided will only be used as provided in Toyota’s privacy policy. See Toyota’s privacy policy at http://www.toyota.com/help/privacy.html for details regarding use of the personal information collected in connection with the Program. By entering the Program, you grant Toyota permission to share your contact information, email address and any other personally identifiable information with your Selected Dealer and certain other third parties (including the Toyota Entities) for the purpose of the Program’s administration or to provide Entrant with further information regarding the Vehicle. Toyota will not sell, rent, transfer or otherwise disclose your personally identifiable information to any third party other than as described herein.

Initial Request Phase for 86 Participants

Scion will notify the selected 86 Participants via email and phone within 24 hours after the submission of entry.
The 86 Participants will have 96 hours (4 days) after notification by Scion to confirm their interest in purchase or leasing one of the first 86 Scion FR-Ss in the United States by contacting the Selected Dealer.
To confirm their interest, the 86 Participants must visit and/or contact the Selected Dealer and provide the Selected Dealer with the confirmation email certificate (with unique certificate number) that will be provided by Scion.
If any of the 86 Participants fails to visit or contact their Selected Dealer within 96 hours (4 days) after notification by Scion that they are one of the selected 86 Participants, such 86 Participant will automatically forfeit their opportunity to participate in the Program.
In the event of one or more cancellations or disqualifications of a 86 Participant, the Toyota Entities reserve the right to select an additional 86 Participant. Substitutions of the 86 Participants, if any, will be determined by Scion in its sole discretion.
The 86 Participants will be required to work with the Selected Dealer to complete the purchase or lease of the Vehicle. The 86 Participants will be required to enter into an agreement and place a $500 deposit with the Selected Dealer, subject to local and state laws. The deposit will be refundable at any time prior to finalization of the transaction for the Vehicle. If you experience any issues or have any questions regarding the Program, please contact your Selected Dealer.
Scion will confirm with the region and private distributors which 86 dealers are selected as part of the Program. Each Selected Dealer will be required to sign a Dealer Participation Agreement with Toyota in order to participate in the Program.

Reconfirmation Phase

Once the MSRP of the Vehicle is announced, Scion will notify the 86 Participants by email.
The 86 Participants will have 96 hours (4 days) after notification by Scion to contact and/or visit the Selected Dealer to agree and finalize the purchase price of the Vehicle and reconfirm their intent to purchase or lease one of the first 86 Scion FR-Ss in the United States by resigning the agreement with the Selected Dealer.
Any of the 86 Participants may cancel their intent to purchase or lease one of the first 86 Scion FR-Ss in the United States at any time up to the time closing documents are executed and/or proffered by the 86 Participant and accepted by Dealer. If cancelled before such time, the 86 Participant will be refunded any deposit amount, if any, without interest, and neither the Selected Dealer nor the 86 Participant shall have any further obligation or right against the other (or against the Toyota Entities) in connection with the Program.

Delivery Phase

Scion will notify the 86 Participants by phone or email regarding the delivery status of the Vehicle.
Once the Vehicle arrives at the dealership, the Selected Dealer will contact the 86 Participant to schedule a date to finalize the purchase or lease of the Vehicle.

ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE TOYOTA ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY ENTERING THE PROGRAM, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

Any and all disputes, claims and causes of action arising out of, or connected with, the Program, including without limitation, any alleged violation of these rules, any controversy relating to the arbitrability of any dispute, or any claim that the Program, or any part thereof, is invalid, illegal or otherwise voidable (or void), shall be resolved 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. 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 an Entrant seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Program.

All issues and questions concerning the construction, validity, interpretation and enforceability of the Program, or the rights and obligations of Entrants, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

Website Terms and Conditions

Welcome to www.Scionfirst86.com (the "Site”). This Site is operated by Scion, a marque of Toyota Motor Sales, U.S.A., Inc. (hereinafter referred to as "Scion") and materials on the Site are owned, for the most part, by Scion or its affiliated companies. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Scion.

Please read these Terms of Use detailed below (the "Terms"), which set forth the legally binding terms governing your use of this Site. The Terms apply to all persons who visit this Site ("Visitors"), regardless of your level of participation; by visiting this Site you accept and agree to be bound by the Terms set forth herein.

In these Terms, "you" and "your" refer to each Visitor and his or her agents (unless the context requires otherwise), and "we", "us" and "our" refer collectively to Scion. These Terms explain our obligations to you, and your obligations to us in relation to the Use of this Site.

THIS SITE IS 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 this Site.

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. NOTE THAT THE TERMS OF USE APPLY ONLY TO THIS SITE, AND OTHER WEB SITES PROVIDED BY SCION HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.

This Site is for your personal, noncommercial use. Any other use of the Site requires the prior written consent of Scion.

1. DESCRIPTION OF THIS SITE

This Site contains information regarding Scion’s FR-S vehicle, and provides Visitors an opportunity to be among the first 86 people to own the vehicle. All other purchase requests will be sent to your Selected Dealer so that a dealer may contact you regarding your request. It also may include advertising, logos, trademarks, pictures, information, digital images, featured articles, surveys, 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 FR-S described on this Site contain uniquely American specifications and equipment and are offered for sale only in the continental U.S.A. The promotional programs offered on this Site are only available in the continental U.S. and may be limited to particular states as described by the program. All pricing information referred to on this site is in U.S. dollars.

2. SIGN UP TO RECEIVE INFORMATION

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 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. http://cts.vresp.com/u?fe9d59304f/TEST/TEST

You may also request that Scion provide a dealer with your information in purchase request to contact you.

If you opt in to receive information from this Site or to have your information sent to a dealer, you may be required to provide your personally identifiable information, such as your name, address, phone number or e-mail address ("Personal Information"). Please see our Privacy Policy [http://www.scion.com/privacy] for more information on how we protect your personal information.

If you opt to receive information from this Site, you agree to provide true, accurate and complete information about yourself as prompted by the online forms. If we have reasonable grounds to suspect that the Personal Information is untrue, inaccurate or incomplete, we have the right to refuse any and all current or future requests you make through this Site.

We shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Site.

3. RESTRICTIONS ON USE OF THIS SITE

As a condition of using this Site, you agree to the following rules:

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 this Site, including without limitation, the Scion name, logos, model names and any other 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;
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;
You may not access or use this Site 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, rights of privacy or publicity;
You may not access or attempt to access any data, information, system, or servers on which this Site is hosted or modify or alter this Site in any way;
You may not transmit or broadcast any commercial messages, text, photographs, video or audio content; or
You may not link to, frame, or otherwise, reproduce this Site without our prior consent, except that you may identify Scion products by name or link to this Site if you comply with the Guidelines for External Sites set forth below.

ACCESS TO THIS SITE

Scion reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Site's operation, or portions thereof, with or without notice to you.

5. DOWNLOADS FROM THIS SITE

When you download any content from this Site, you understand that it is owned by Scion, its affiliate and/or licensors, as applicable, and 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 that is compatible solely for your own personal noncommercial 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). No Downloads should be depicted on any merchandise of any kind. You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a computer (with Internet access) that is in working purchase request and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Scion’s or this Page’s operations or the Service. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PAGE AND/OR ANY SERVICE, 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 YOUR USE OF THIS PAGE, THE SERVICE AND/OR DOWNLOAD(S). YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

6. THIRD PARTY PRODUCTS AND SERVICES AND LINKS

The Site may contain (or, if available, you may be sent through the Site) links to other Web sites ("Third Party Sites") as well as 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 Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by us, and none of the Scion Entities are responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us (or any of the other Scion Entities).

If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from the Site or relating to any applications you use or install from the Site. We may also make available or provide access to products and services of Third Parties. Such products or services shall be purchased and/or obtained directly from such Third Party. SCION SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES. SCION SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY WEB SITE 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 WEB SITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEB SITE IS AT YOUR OWN RISK.

7. INTELLECTUAL PROPERTY; COPYRIGHT AGENT

We respect the intellectual property of others, and we ask our users 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 Site 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 Site;
your address, telephone number, and e-mail 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:
Copyright Agent
c/o Scion Customer Experience-Mailstop WC12
Scion Motor Sales, U.S.A., Inc.
19001 South Western Avenue
Torrance, California 90501

By phone: 1-866-70-SCION
By e-mail: http://scion.custhelp.com/app/ask

NOTE: Communication to Scion with respect to any product complaint should be directed to Scion's Customer Experience Services at 866-70-SCION, and not through this Site. 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.

8. FORWARD TO A FRIEND OPPORTUNITIES

You may forward information from the Site to persons with whom you have a personal relationship (your "Friends") or e-mail your Friends. We may request that you submit information about your Friend, including, without limitation, e-mail addresses or social networks, including but not limited to, Facebook, Twitter, and Share This, and names so they may receive information you wish to send to them. We will use and store any such 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. We reserve the right 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 purchase request for us to contact him or her with the information you have requested we e-mail to your Friend. We will not be responsible for validating the 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. In addition, we reserve the right to reject any request you make to forward to a Friend or e-mail 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, this Site, any Service, or any third party for any reason. We specifically disclaim any liability for exercising such right.

9. PRIVACY

You should review our Privacy Policy for an explanation of our collection and use of personal information before further using this Site, as you will be bound by the terms of such Privacy Policy.

10. INDEMNITY AND HOLD HARMLESS

You agree to defend, indemnify and hold harmless Scion 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 (collectively, "Scion Parties"), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.

11. DISCLAIMER OF WARRANTIES.

You understand and agree that your use of the Site 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 this Site.

This Site 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.

Scion makes no warranties that this Site or any material obtained through herein will meet your requirements, or that this Site 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 Site. No advice or information, whether oral or written, obtained by you from us or through this Site 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 errors or omissions in the content of this Site. We do not make any warranty or representation that your use of the material displayed on, or obtained through, this Site is noninfringing of any rights of any third party.

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 Site.

12. LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY

Except in jurisdictions where such provisions are restricted, you agree that Scion's 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 service provided under these Terms of Use and/or for any breach of these Terms is solely limited to the amount fifty cents ($.50). Except in jurisdictions where such provisions are restricted, Scion parties and their licensors and contractors (including any third parties providing all or part of the service) (collectively, "released parties") shall not be liable for any indirect, incidental, special or consequential damages even if the released parties 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 states.

You hereby release, discharge, indemnify and hold harmless each of 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 use of this Site.

13. NO OFFER TO SELL OR LEASE

All of the information contained in this Site is for information purposes only and in no way constitutes an offer to buy or sell Scion vehicles. The purchase of any Scion vehicle shall be subject to the terms and conditions of the applicable sale, lease or retail installment contract. The MSRPs (Manufacturer’s Suggested Retail Price) listed on this site exclude tax, title, license and registration. Actual dealer price may vary. This site shall not be used or relied upon by you as a substitute for information that is available to you from an authorized Scion automobile dealer.

14. MISCELLANEOUS

(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 Center - Mailstop WC12
19001 S. Western Ave.
Torrance, CA 90501

(b) Severability: If any provision of these Terms of Use is 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) Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us regarding this Site and supersedes all prior agreements and understandings with respect to the subject matter of these Terms.

(d) 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.

GUIDELINES FOR EXTERNAL SITES

If you would like to use Scion information or link to Scion.com or ScionFirst86.com, please read and comply with the following guidelines and all applicable laws.

External Site Use of Scion Information

Third party sites must have prior written approval before using any text, trademarks, graphics or photographs from any Scion source, such as Web sites or brochures.

Third party sites may use brand or model names in site texts only to the extent necessary to identify Scion products. Any other use of Scion brand names or any use of Scion logos, trademarks, service marks, model names or service names is expressly not allowed. Also not allowed is the use of text or any other material in any way that implies sponsorship, approval of or affiliation with Scion.

External Site Naming Guidelines

Third parties may not use a brand, product name or other confusingly similar word or group of letters in a domain name (similar to the brand names, trademarks and/or trade names of Scion and/or its affiliated companies) without prior written Scion approval.

No Misrepresentation

Third party sites must not in any way imply that Scion is endorsing it or its products or services; must not misrepresent its relationship with Scion; must not present false information about Scion; must not be a site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and must not be a site that contains content that could be construed as distasteful, offensive or controversial.

Linking to Scion.com

Third party sites may not use links to Scion.com in any way that implies sponsorship or affiliation. Furthermore, when linking to Scion.com, that site may not appear as a frame within the site that provides the link or appear in any way that makes the destination site appear to be content belonging to the site containing the link.

External Site Disclaimer

Third party sites must include a prominently displayed disclaimer on the home page stating that the site is not authorized by or affiliated with Scion.

Scion FR-S