LEGAL TERMS AND CONDITIONS

TERMS OF USE

Effective Date December 10, 2009

INTRODUCTION; CONSENT TO TERMS

Please read these Terms of Use before using the mobile sites of Toyota Motor Sales, USA, Inc. (hereinafter referred to as "Toyota," "we," "us" and "our") (collectively, the "Mobile Service"). By using the Mobile Service, you agree to be bound by these Terms of Use (the "Terms"). The Terms apply to persons who visit this Site ("Visitors"), all users of the Mobile Service, regardless of their level of participation; by visiting or using the Mobile Service you accept and agree to be bound by the Terms set forth herein. If you do not agree with these Terms, please exit the Mobile Service. We may at any time revise these Terms by updating this posting on our mobile site. You are bound by such revisions at the time they are posted to our mobile site and should therefore visit this page to review the current Terms from time to time. Your continued use of the Mobile Service following the posting of updated Terms will mean that you agree to those changes. Toyota reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Mobile Service’s operation, or portions thereof, with or without notice to you. The Mobile Service is for your personal, non commercial use; any other use is not permitted.

CHARGES FOR THE MOBILE SERVICE
DESCRIPTION OF THE MOBILE SERVICE
SIGN UP TO RECEIVE INFORMATION
RESTRICTIONS ON USE OF THE MOBILE SERVICE
THIRD PARTY LINKS
COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT
FORWARD TO A FRIEND OPPORTUNITIES
INDEMNITY AND HOLD HARMLESS
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY
NO OFFER TO SELL OR LEASE
MISCELLANEOUS

CHARGES FOR YOUR MOBILE SERVICE

Toyota does not charge you to use the Mobile Service; please check your wireless plan, however, because your carrier's per-minute, text messaging, and data or other charges may apply. You must provide at your own expense the equipment and wireless connections needed for you to use the Mobile Service, and you are solely responsible for any costs you incur to access the Mobile Service. You should keep in mind that the use of the Mobile Service to send content to another person via e-mail or SMS (Short Message Service, or "text messaging") may result in wireless charges to both the sender and the receiver.

DESCRIPTION OF THE MOBILE SERVICE

The Mobile Service contains information regarding Toyota and its products and promotional programs, including 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 Toyota vehicles described on the Mobile Service contain uniquely American specifications and equipment and are offered for sale only in the continental U.S.A. The promotional programs offered on the Mobile Service 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 the Mobile Service is in U.S. dollars.

SIGN UP TO RECEIVE INFORMATION

You may opt-in to receive marketing materials from Toyota, including news and special event and new vehicle information through the Mobile Serivce. 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 receive any marketing materials from Toyota at anytime. If you opt in to receive information from the Mobile Service, you may be required to provide your personally identifiable information, such as your name, address, phone number or email address ("Personal Information"). Please see our Privacy Policy for more information on how we protect your personal information.

RESTRICTIONS ON USE OF THE MOBILE SERVICE

As a condition of using the Mobile Service, you agree to the following rules:

You may not view this mobile service if you are under EIGHTEEN (18) YEARS of age or a minor in your state of residence;
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 Toyota name, logos, model names and any other trademark of Toyota 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 the Mobile Service in any way that could or is intended to damage or impair the operation of the Mobile Service, or any content of or material displayed on the Mobile Service, or any server or network underlying the Mobile Service, or interferes with anyone else's use and enjoyment of the Mobile Service;
You may not access or use the Mobile Service 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 the Mobile Service is hosted or modify or alter the Mobile Service 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 the Mobile Service without Toyota’s prior consent.

THIRD PARTY LINKS

Toyota permits links to content on the Mobile Service. Any links on the Mobile Service are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by Toyota and Toyota is not responsible for any links accessed through the Mobile Service or Content posted on, available through or installed from the Mobile Service, including without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in such links. Inclusion of, linking to or permitting the use or installation of any Third Party’s web or mobile sites or any Third Party Applications, Software, Content or products or services, does not imply approval or endorsement thereof by Toyota. These Terms do not apply to any Third Party sites. Review the applicable terms and policies, including privacy and data gathering practices, of any web or mobile site to which you navigate from the Mobile Service.

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 the Mobile Service 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 the Mobile Service;
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 Toyota Customer Experience-Mailstop WC11
     Toyota Motor Sales, U.S.A., Inc.
     19001 South Western Avenue
     Torrance, California 90501
     By phone: 1-800-331-4331
     By facsimile: 310-468-7814
     By e-mail: http://www.toyota.com/copyrightagent

NOTE: Communication to Toyota with respect to any product complaint should be directed to Toyota’s Customer Relations Services at 800-331-4331, and not through the Mobile Service. Please do not submit ideas or suggestions regarding current or future Toyota products, promotions or advertising. For legal reasons, we do not accept such unsolicited ideas or suggestions.

FORWARD TO A FRIEND OPPORTUNITIES

You may forward information from the Mobile Service to persons with whom you have a personal relationship (your "Friends") or email your Friends, provided you give us the information about your Friend we need to fulfill your request to forward. 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 not for any other purpose unless the Friend consents to the use for such other purpose. 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 order for us to fulfill your request to contact your Friend. We may elect NOT to communicate with any e-mail address for any reason. We specifically disclaim any liability for exercising such right.

REPRESENTATIONS, INDEMNITY AND HOLD HARMLESS

You represent and warrant that your use of the Mobile Service complies with these Terms of Use. You agree to defend, indemnify and hold harmless Toyota 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, "Toyota Parties"), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Mobile Service, 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.

DISCLAIMER OF WARRANTIES

You understand and agree that your use of the Mobile Service is solely at your own risk and that you will be solely responsible for any damage to your mobile device may result from your use of the Mobile Service. The Mobile Service and its Content are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, expressed, implied or statutory. Toyota specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Toyota makes no warranties that the Mobile Service or any material obtained herein will meet your requirements, or that the Mobile Service will be uninterrupted, timely, secure, non-infringing or error free, or that the content provided on the Mobile Service is accurate, complete, useful, or available. No advice or information, whether oral or written, obtained by you from us or through the Mobile Service shall create any warranty not expressly made herein. Toyota assumes no liability or responsibility for any errors or omissions in the content of the Mobile Service.

LIMITATION OF LIABILITIES AND RELEASE OF LIABILITY

You agree that Toyota'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). Toyota 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 the Mobile Service.

NO OFFER TO SELL OR LEASE

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

MISCELLANEOUS

(a) Notices And Announcements: Except as expressly provided otherwise herein, all notices to Toyota shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:

Toyota Customer Relations - Mailstop WC11
19001 S. Western Ave.
Torrance, CA 90501

(b) Severability: If any provision of these Terms are 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 the Mobile Service and supersedes all prior agreements and understandings with respect to the subject matter of these Terms.

(d) Waiver: The remedies of Toyota 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.

Please see Your Privacy Rights.