This website www.lexusvisionusa.com (the "Site") is operated for the benefit of Lexus, a division of Toyota Motor Sales, U.S.A., Inc. (hereinafter referred to as "Lexus") and materials on the Site are owned, for the most part, by Lexus. 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 Lexus.

THIS WEBSITE IS ONLY INTENDED FOR VIEWING IN AND USE BY AUTHORIZED FRANCHISED LEXUS DEALERS AND THEIR REPRESENTATIVES, AGENTS, CONTRACTORS, VENDORS OR, EMPLOYEES IN THE CONTINTENTAL UNITED STATES THAT WILL USE THE INFORMATION, TEXT, PHOTOGRAPHS, DESIGNS, DRAWINGS AND/OR GRAPHICS (COLLECTIVELY, "MATERIALS") SOLELY AS GUIDELINES AND SAMPLES FOR BUILDING AND DESIGN PURPOSES (COLLECTIVELY, THE "PERMITTED USE"). If you are not an intended viewer, kindly do not use or view this Site.

This Site is ONLY open to authorized franchised Lexus dealers AND their representatives, agents, contractors, vendors or, employees in continental United States for the Permitted Use; however, you must be at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi) to use any of the Materials offered on this Site, and/or download any Materials (collectively, the "Service"). These terms of use constitute a legal agreement ("Agreement") between you and Lexus. You will be bound by the terms and conditions of this Agreement when you visit this Site. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at delia_gil@lexus.com.

In this Agreement, "you" and "your" refer to any franchised Lexus dealer, you and any of your representatives, agents, contractors, vendors or, employees, and "we", "us" and "our" refer collectively to Lexus, a division of Toyota Motor Sales, U.S.A., Inc. This Agreement explains our obligations to you, and your obligations to us in relation to the Service.

Please note that we may at any time revise this Agreement by updating this posting. You are bound by such revisions and should therefore visit this page to review the current terms and conditions of this Agreement from time to time. NOTE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ONLY APPLY TO THE USE OF THIS SITE, AND OTHER WEBSITES PROVIDED BY LEXUS, SUCH AS WWW.LEXUS.COM, HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.

1. Copyright/Trademark Ownership; Permitted Use Only
   The Materials in this Site are protected by copyright. You may only use the Materials for the Permitted Use (i.e., solely as guidelines and samples for building design purposes). The Toyota and Lexus marks and designs are registered trademarks of Lexus or its affiliates. The Toyota and Lexus marks and designs may not be used, downloaded, copied or distributed in any way, except as set forth within the design signage specifications. You acknowledge and agree that the Materials are owned by Lexus, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. This right to use is limited, non-exclusive, non-transferable, and revocable at any time by Lexus. You further acknowledge and agree that all Materials are property of and contain design data which are proprietary to Lexus. Reproduction, use or transfer of the Materials to others except as specifically authorized in connection with the design and building of your dealership is not permitted without prior written approval of Lexus.
   Notwithstanding any other terms hereof,
1. The Materials must not be used separate or apart from the Permitted Use;
2. You shall not (nor permit others to) portray the Materials and/or any of the Lexus products or services in a manner that casts Lexus, our parent, affiliated and/or subsidiary companies, their respective distributors and/or dealers, and/or their respective products or services in a disparaging light, in a negative or derogatory manner, or in a manner as to be a detriment to any of them, UNLESS SUCH USE DEPICTS A FACTUALLY ACCURATE STATEMENT, WITHOUT ANY MATERIAL OMISSIONS OF FACTS;
3. Nothing in this Agreement and/or the Service constitutes a grant of any rights to any trademark, copyright, patent or other property owned by any Lexus Entity; and
4. This Agreement shall not constitute (or be construed as constituting) a partnership, employer/employee or principal/agent relationship or joint venture between you and Lexus. You shall not transmit, broadcast, upload to any computer or mobile device, or make use of the Service or any Materials, including, but not limited to, any Download(s), other than for a Permitted Use. You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, or create derivative works of, the Service, including, but not limited to, any Download(s).
   Except as otherwise expressly set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any Service (collectively, "Toyota Intellectual Property Rights") are owned by Lexus, its parent, subsidiaries or affiliates or its/their licensors, and you agree to make no claim of interest in or ownership of any such Toyota Intellectual Property Rights. You acknowledge that no title to the Toyota Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
2. Access to the Site and Service
   In order to use the Site and Service, you must have access to a computer with Internet access, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Lexus's or this Site's operations or the Service. Any equipment or software causing interference shall be immediately disconnected from the Service and Lexus shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Service.
3. Limitation on Scope of Content
   The Materials on the Site are for reference only, not for construction. The Materials are intended solely as guidelines and samples to assist you in building or upgrading your franchised Lexus dealership. The Materials on the site are not intended to be actual plans for building and designing a franchised Lexus dealership. The actual design and construction of your dealership must be addressed by your architect and licensed contractor. The Materials provided in this Site contain uniquely American specifications and are designed for use only in the U.S.A. (excluding Hawaii).
4. Approved Vendors
   The Site contains a list of vendors who Lexus has designated as Approved Vendors (each a "Approved Vendor" and collectively, the "Approved Vendors"). Lexus may modify the Approved Vendors from time to time and shall provide notification on the Site of any such changes. You may purchase, acquire, lease, license and/or obtain any design, structural or building advice or services from any vendor or vendors selected by you, whether or not an Approved Vendor, pursuant to the terms of an agreement or agreements to be entered into between you and your Vendors (collectively, the "Dealer Vendors"). You agree and acknowledge that the Dealer Vendor Agreements will govern all of the terms and conditions of the relationships between you and your Dealer Vendors. Independent Evaluation and Review. You agree and acknowledge that you are solely responsible for independently evaluating any statements, promises, representations, warranties, covenants and/or agreements of any Dealer Vendor and for ensuring that any Services you purchase, acquire, lease, license and/or use from any Dealer Vendor, including any Approved Vendor, meets all of your requirements, including without limitation, all structural and design requirements, and for ensuring that the Dealer Vendor Agreements include any representations, warranties, covenants and/or remedies that you deem necessary or appropriate to ensure that the Services being purchased, acquired, leased, licensed and/or used will meet all of the dealership's requirements, including without limitation, all such structural and design requirements. In particular, you must be certain that each Dealer Vendor Agreement allows you to change your requirements to be able to satisfy the Lexus guidelines and standards that change from time to time. You shall not seek any recourse against the Lexus Entities for the acts or omissions of the Dealer Vendors.
   No Warranty By Lexus. Lexus makes no representations, warranties or guarantees that any Approved Vendor will actually successfully develop design and/or build any aspect of a franchised Lexus dealership, nor that if designed or built, such buildings will be available within any specified time frame or shall function as represented by the Approved Vendor. You shall be responsible for your own independent evaluation of the structure and design plan for your particular dealership provided by Dealer Vendors.
   Effect of Lexus Termination of Approved Vendors. You agree and acknowledge that Lexus may terminate Approved Vendors, at any time and from time to time. In the event of such a termination, your right to terminate your own relationship with such terminated Approved Vendor(s) will be governed by the applicable Dealer Vendor Agreement(s). Lexus will notify you of TMS/USA's termination of any Approved Vendor in the manner to be selected by Lexus from time to time, and you shall be solely responsible for determining whether or not to exercise any termination or other rights under your applicable Dealer Vendor Agreement(s).
5. No Representation or Warranty
   Lexus reserves the right to modify the Materials and/or Service contained in this Site at any time without notice.
   Lexus reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. While Lexus makes all reasonable efforts to ensure that all Materials on this site are correct, accuracy cannot be guaranteed and Lexus does not assume any responsibility or liability for the accuracy, completeness or authenticity of any Materials contained in this Site. THIS SITE AND ALL MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND.
   Your confidential use of this Site cannot be guaranteed by Lexus. Lexus shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this Site or any Materials you transmitted to this Site.
   This Site may contain links to other Web sites that are completely independent of this Site. Lexus makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such link, and any link to another person or entity shall not in any manner be construed as endorsement by Lexus of such person's or entity's Web site, products or services. Your linking to any other off-site pages or other sites is at your own risk. You acknowledge and agree that LEXUS 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 OR ON SUCH LINKED THIRD PARTY WEBSITES.
6. Links or URLs to Other Websites
   This site includes links or URLs to other Web sites. These sites are completely independent of this Site and not under our control, even though they may use the Lexus name or logo on their site through an agreement with us. Such other sites have their own privacy policies, and may place their own cookies on your computer. This practice is standard on the Web, and we do not control cookies placed on your computer by third parties whose links appear on our site. These sites have their own privacy and information security policy and terms and conditions. Visitors should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
7. Cookies and Web Beacons
   Lexus uses cookies and web beacons (also referred to as Web bugs, pixel tags or clear GIFs) to manage our website and email programs. We do not use cookies or web beacons to collect or store personal information. A cookie is a small file placed on your computer when you visit a website. Its purpose is to manage your website experience and allow for customization of the web pages presented to you when you return to the site. Web beacons are small bits of computer code that allow a website owner to track the actions of users on the site and recipients of e-mail communications. Cookies and web beacons help us understand how consumers use our website so we can design better services in the future.
8. Information for Phishing Scams
   There have been noticeable increases in the number of suspicious e-mails claiming that the e-mail recipient has won a Toyota or Lexus lottery or other promotion. Sometimes the e-mail claims that the recipient has won a new Toyota Prius. In order to claim the prize, the e-mail asks that personal information (i.e., Full Name, Address, Nationality, Age, Gender, Occupation, Phone/Fax, and/or Country of Residence) be sent to a Hotmail or Yahoo e-mail address. Samples of these hoax e-mails can be found at this Web site.
   This type of e-mail solicitation is known commonly as a "phishing" scam, with the primary objective being to obtain one's personal information. This information can then be utilized to steal a person's identity. For example, a "Toyota Lottery" or "Leuxs Lottery" phishing scam is often sent from Chinese (.cn), German (.de) or British (.co.uk) addresses but can originate from anywhere and look very official even to the most savvy of Internet users. Lexus will never ask you to send passwords, login names, Social Security numbers, or other personal information through e-mail. If you receive an email from Toyota or Lexus asking you to update your personal information, do not respond: this phishing scam. Recipients of suspicious e-mail like this should delete the message from their in-box and, if possible, update their e-mail filter settings to block e-mails from the e-mail address being used. The Federal Trade Commission (http://www.ftc.gov/bcp/conline/edcams/spam/report.html) and the Antiphishing Workgroup (http://www.antiphishing.org/) are also good sources of information about these types of security threats and how they may be reported to the authorities.
9. Miscellaneous
   1. Notices And Announcements: All notices to Lexus shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
      Lexus Customer Relations - Mailstop L201
      19001 South Western Ave.
      Torrance, CA 90509
   2. Severability: This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
   3. Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding this Site and the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
   4. Assignment And Resale: Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.
   5. Waiver: No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Lexus. The remedies of Lexus under this Agreement 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 this Agreement shall not constitute a waiver of such right.
   6. Headings: The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

I agree to these terms and conditions set forth herein.