Terms of Use

Last Modified: September 14, 2017

 

I. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Servco Mobility Lab, LLC (“Hui Car Share”, the “Company”, “we”, or “us”). The following terms and conditions (these “Terms of Use”) govern your access to and use of www.drivehui.com, including any content, functionality, and services offered on or through www.drivehui.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.drivehui.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you please do not access or use the Website.

II. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding to you.

III. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

IV. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • You may print or download pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than as set out in this section, please send your request to: info@drivehui.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will terminate immediately and, at our option, be required to return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

V. Trademarks

The Company name, the term Hui, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, in our discretion may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you may not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

Links from the Website

If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

We do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for the reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising there from or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Hawai’i without giving effect to any choice or conflict of law provision or rule (whether of the State of Hawai’i or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state courts in Honolulu, Hawai’i. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Honolulu, Hawaii pursuant to the Hawaii Uniform Arbitration Act, Chapter 658A of the Hawaii Revised Statutes, as amended. The arbitration will be conducted by Dispute Prevention & Resolution, Inc. (“DPR”) in accordance with its arbitration rules and procedures (the “DPR Rules”). The DPR Rules are available at https://dprhawaii.com/dpr-rules/ or by calling the DPR at (808) 523-1234. The Federal Arbitration Act will govern substantive law to the extent not inconsistent with the arbitration provisions in these Terms of Use.

The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision.

In order to make the arbitration hearing fair, expeditious and cost effective, discovery by each party shall be limited to requests for production of documents material to the claims or defenses in the arbitration. Limited depositions for use as evidence at the arbitration hearing may occur as authorized by the Hawaii Uniform Arbitration Act.

All expenses of the arbitration, including arbitrator fees, will be shared equally by the Company and the other parties to the dispute. Each party shall pay its own attorney and witness fees, provided that the arbitrator(s) may award attorneys’ fees and costs in an amount authorized by law to a prevailing party related to any claim or contention of a nonprevailing party determined by the arbitrator(s) was frivolous or wholly without merit.

The arbitrator(s) will be empowered to grant whatever relief would be available in court under law, subject to the terms, conditions and limitations of these Terms of Use.

Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. BY AGREEING TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, BOTH YOU AND THE COMPANY AGREE TO UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT.

Class Action Waiver. You agree that any claims brought by you will be brought in your individual capacity and will not be brought as a class action.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Servco Mobility Lab, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Servco Mobility Lab, LLC, 2850 Pukoloa St., Unit A, Honolulu, Hawai’i 96819.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@drivehui.com.

  


 

Toyota Hui Car Share App User License Agreement (EULA)

This Toyota End User License Agreement (“EULA“) is a legal agreement between you or the entity you represent, as the end user of Toyota’s Application (the “App”, defined below) (“You” or “Your“), and Toyota Connected North America, Inc. (collectively “Toyota“, “Us“, “We“, or “Our“) regarding Your use of the App. You are being licensed to use the App, which is licensed by Toyota or provided through a mobile application on an authorized mobile device by Toyota pursuant to the terms of this EULA. This EULA becomes effective upon the earlier of your electronic acceptance of its terms or your access to and use of the App. BY ACCESSING OR USING THE APP OR OTHERWISE INDICATING YOUR ACCEPTANCE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

LICENSE TO USE THE APP. The App is licensed to You and not sold to You. You may install or access the App onto your mobile device(s) as set forth in this EULA. Subject to your agreement to and compliance with this EULA, Toyota hereby grants You a limited, non-exclusive, non-sublicenseable, non-transferable license (as applicable) to (a) install or access the App on one or more compatible mobile device(s) owned by You or under Your legitimate control, and (b) use the App to view the documentation, materials, information, and data presented to you via the App (collectively, the “Materials“), and (c) input data and other information via the App. All use of the App is subject to this EULA. If the App requires activation through account registration, You agree that You will complete the activation process providing Toyota with accurate information. Your use of the App may be suspended until You complete the activation and/or registration process or in the event that you fail to maintain accurate account information. Toyota reserves all rights not expressly granted to You in this EULA. As used herein, “App” means the mobile application, and related software, products, services, information, and materials (including related documentation, content, materials, digital images, stock photographs, clip art, fonts, sounds or other artistic works provided in conjunction therewith) as licensed by Toyota to You through this EULA. You have no right to receive, use or examine any source code or design documentation relating to the App. You expressly acknowledge and agree that Toyota is entitled, without limiting any of Toyota’s other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach in addition to any other remedies.

YOUR RESPONSIBILITIES WHILE USING THE APP. With regard to Your Use of the App under this EULA, You have certain responsibilities. You may not, whether yourself or through any other means or person, (i) sell, rent, lease, re-sell, loan or otherwise provide access to the App to any third party; (ii) reverse engineer, decompile, modify, disassemble, or create derivative works of the App without Toyota’s advance consent; (iii) attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats, data structures or other aspects of the App; (iv) remove, modify or obscure any product or service identifier, copyright, trademark or other proprietary rights notice or other notices, instructions, disclaimers or legends from any part of the App; (v) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) sell, license, or exploit for any commercial purposes any use of or access to the App; (vii) transfer or assign your App accounts’ password, even temporarily, to a third party; (xiii) use the App for any illegal, immoral or unauthorized purpose; (xiv) use the App, for non-personal or commercial purposes without Toyota’s express prior written consent; or (xv) infringe or violate any of these Terms.

YOUR CONTENT. Except as authorized by this EULA, You own or are authorized to share all content, information, and data provided by You in electronic or hard copy formats that is maintained and/or processed by Toyota in connection with Your use of the App (collectively, “Content“). Except as otherwise provided in this EULA, You are responsible for the accuracy, content, completeness, and delivery of the Content provided by You, and warrant that the Content You provide is accurate and complete. You agree that, in connection with Your use of the App, You are responsible for the direct consequences of any use of or access to the Content by Toyota as authorized by this EULA.

COMPLIANCE WITH LAWS. You represent and warrant to Us that Your use of the App will comply with all applicable laws and regulations, including data protection and privacy laws. You agree that You will not use the App in a way that is unlawful or that violates the rights of a third party.

CONNECTION CHARGES. The Internet connection required to use the App, and any associated charges (e.g. mobile data expenses) incurred by your use of the App are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the App, requires an online (e.g. Wi-Fi, 3G, 4G, LTE) connection between your mobile device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.

TERM & TERMINATION & SUSPENSION. This EULA shall remain in effect until the earlier of the termination of this EULA as set forth herein. Toyota may terminate or suspend this EULA and your license to use and access the App upon written notice (i) in the event you breach the terms of this EULA, or (b) in the event you violate any of Toyota’s Intellectual Property Rights (defined below). Upon termination or expiration of this EULA for any reason, your licenses shall terminate and you shall cease access and use of the App. All provisions of the EULA which reasonably should survive termination will do so; by way of example but not of limitation, all obligations regarding confidentiality survive. Termination is not Toyota’s exclusive remedy and all other remedies will be available to Toyota. You agree that Toyota may suspend access to the App without liability upon written notice to you if: (i) we reasonably believe that the App is being used in violation of this EULA; (ii) You don’t cooperate with our reasonable investigation of any suspected violation of this EULA; (iii) there is an event for which we reasonably believe that the suspension of access to the App is necessary to protect the Toyota network or our other customers; or (iv) if required by law.

INDEMNIFICATION BY YOU. You shall indemnify, defend, and hold harmless Toyota, and its officers, directors, stockholders, and employees, and any licensors or authorized affiliates, from and against all costs, liabilities, losses, expenses, and damages (whether direct or indirect) (including reasonable attorney’s fees and costs) arising out of or resulting from a third party claim or suit brought against Toyota relating to: (a) Your negligence or willful misconduct, (b) a breach by You of any of Your representations, warranties, or obligations hereunder, (c) Your breach of applicable law, (d) Your use or misuse of the App, or (e) any infringement or misappropriation of the Intellectual Property Rights of any third party regarding any of Your content.

UPDATES. You may receive updates, bug fixes, feature enhancements or improvements, or other data relating to the App (collectively “Updates“) downloaded to Your mobile device with a notice describing what is included in the Update and the purpose of the Update. You will have to choose either (a) to install the Update on Your mobile device, or (b) opt out and not install the Update. If You choose not to install the Updates, certain functions and features of the App may not perform in accordance with Materials.

OUR INTELLECTUAL PROPERTY RIGHTS. Toyota owns or controls all rights, title, and interest in and to the App, including all Intellectual Property Rights associated therewith, on a worldwide basis, and has the right to license the App. Any trademarks owned or controlled by Toyota, whether or not included in the App, and any logos related to the foregoing are trademarks or service marks of Toyota and its licensors (collectively, the “Marks“), each of which are the trademarks, service marks, or logos of their respective owners. Except as required for your use of and access to the App and related services, You are not granted a right to use the Marks without the respective owner’s permission. You will not remove, obscure or alter any proprietary notices affixed to or contained within the App or related services. As used herein, “Intellectual Property Rights” shall mean all intangible legal rights or interests evidenced by or embodied in: (a) any idea, design, concept, technique, invention, discovery or improvement, regardless of patentability, but including patents, patent applications, trade secrets, and know-how; (b) any work of authorship, regardless of copyrightability, but including copyrights and any moral rights recognized by law; (c) any trademark, trade name or service mark; and (d) any other intellectual property, proprietary or similar rights, including all goodwill pertaining thereto and in each case, on a worldwide basis.

PRIVACY. Your privacy is important to us. While using the App, personal information may be provided by You or collected by us as detailed in our Privacy Policy at: www.drivehui.com/privacy#tc. The Privacy Policy explains our practices pertaining to the use of personal information about you and we ask that You read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Toyota, subject to this section, the Privacy Policy and any applicable laws and regulation.

WARRANTIES; DISCLAIMER OF WARRANTIES. Toyota warrants that (a) the App (and all components thereof) is either owned by Toyota or used under license if owned by third parties, (b) Your access to and use of the App are as contemplated in this EULA will not infringe any U.S. issued patent or trademark of any third party, and (c) the App shall comply with the Materials at all times.

TO THE EXTENT PERMITTED BY LAW, THE APP AND THE DOCUMENTATION ARE PROVIDED TO USER ON AN “AS IS, WHERE-IS AND AS-AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND OR NATURE WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN OR OTHER STATEMENT MADE BY TOYOTA OR ANY TOYOTA AFFILIATE IS EFFECTIVE TO CREATE ANY WARRANTY OR OTHER LIABILITY OR OBLIGATION CONTRARY TO THIS DISCLAIMER. USER EXPRESSLY AGREES THAT USE OF THE APP AND THE DOCUMENTATION IS AT USER’S SOLE RISK. TO THE EXTENT ALLOWED BY APPLICABLE LAW, TOYOTA HEREBY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY ASPECT OF THE APP AND THE DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, AS TO THE CONDITION, VALUE, QUALITIES, PROVISION, OPERATION, USE, RESULTS OR WORKMANSHIP THEREOF, OR THE ABSENCE OR CORRECTION OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT.

TOYOTA SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY REPRESENTATIONS OR WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. TOYOTA MAKES NO WARRANTY OR REPRESENTATION THAT THE APP AND THE DOCUMENTATION, OR ANY ASPECT OF THE CONDITION, VALUE, QUALITIES, PROVISION, OPERATION, USE, RESULTS OR WORKMANSHIP THEREOF, WILL MEET USER’S REQUIREMENTS, OR WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR FREE, OR WILL BE ACCURATE OR COMPLETE.

LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN THIS EULA, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOYOTA HAVE ANY LIABILITY TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, COLLATERAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES INCURRED BY YOU, REGARDLESS OF HOW SUCH DAMAGES ARISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

U.S. GOVERNMENT-RESTRICTED RIGHTS. The App and any accompanying documentation are each a “commercial item,” as that term is described in 48 C.F.R. 2.1.1 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the right to access the App and related services with only those rights set forth in this EULA.

EXPORT RESTRICTIONS. You may not download, distribute, export, re-export, or redistribute the App (a) into, or to a national or resident of any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department’s list of ‘Specially Designated’ nationals or the United States Commerce Department’s ‘Table of Deny Orders’. By downloading or using the App, You are representing and warranting that You shall not access or use the App in any such government list of persons or entities prohibited from receiving exports. Except pursuant to an express, written, fully-executed agreement with Toyota, You may not purchase a license to use the App for the purpose of exporting it to a country other than the original country of sale, nor may You retain the services of a third party to purchase a license to use the App if in doing so You will require such third party to send (via any means, electronic or otherwise) the App to You in a country other than the original country of sale.

ELECTRONIC EULA. This EULA may be agreed to and executed electronically. The parties consent to the use of electronic methods of acknowledgement and electronic signatures and agree that use of the App or an electronic signature relating to this EULA is the legal equivalent of a manual signature. The parties also agree that no certification authority or other third party verification is necessary to validate their electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of an electronic signature or any resulting agreement between the parties.

FORCE MAJEURE. Neither party shall have any liability for any failure to perform its obligations under this EULA if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism,, failure of utilities or telecommunications, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of such party.

GENERAL. User may not assign, sell, delegate, sublicense or transfer this EULA or any of its rights, obligations, liabilities or duties hereunder, in whole or in part, to any third party (including any affiliated party) without Toyota’s prior written consent. Any purported attempts by either party to do so in violation of this section are void. There are no third-party beneficiaries to this EULA, meaning that this EULA shall not be for the benefit of or enforceable by any person or entity not a party hereto and shall not confer any rights or remedies upon any person or entity other than the parties and their respective successors and permitted assigns. The relationship of Toyota and You established by this EULA is that of independent contractors. This EULA shall be governed by the laws of the State of Texas, without reference to conflict of laws principles. Jurisdiction and venue for any dispute between You and Toyota regarding this EULA will be subject to the exclusive venue of the state and federal courts in the State of Texas. This EULA specifically excludes the United Nations Convention on Contracts for the International Sale of Goods (“UN Convention”) and any legislation implementing such UN Convention, if otherwise applicable. Except as expressly set forth herein to the extent permitted by applicable law, this EULA shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer. This EULA is the entire agreement between You and Toyota and supersedes any other communications or advertisements with respect to the App and the Materials.

This EULA may not be modified except by a written instrument dated subsequent to the effective date of this EULA and accepted by the signature of duly authorized representatives of the parties. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this EULA. Section headings and titles are provided only for convenience and will not be used in interpreting the EULA. Except as otherwise expressly provided herein, all remedies available to either party for breach of this EULA are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. If any provision of this EULA is prohibited by law or held to be void or unenforceable, the remaining provisions hereof will not be affected, this EULA will continue in full force and effect as if such void or unenforceable provision had never constituted a part hereof, and the void or unenforceable provision will be automatically amended so as best to accomplish the original objectives of such provision within the limits of applicable law.