These Terms of Use (the "Terms") set forth the legally binding terms governing your access to and use of the Toyota family of Web sites, Web pages, interactive features, applications, widgets, blogs and their respective contents and unless otherwise indicated, any other interactive content that links to the Toyota family of Web sites owned and/or U.S.A., Inc. (hereinafter referred to as "Toyota"), and any materials on the Sites are owned by Toyota or its operated by Toyota (as defined herein) (collectively, the "Sites"). The Sites are operated by Toyota Motor Sales, affiliated companies, or licensed by Toyota from third parties and posted on the Sites.
These Terms apply to all persons who visit any of the Sites ("Visitors"), regardless of the Visitor's level of participation. 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 Toyota. These Terms explain our obligations to you, and your obligations to us in relation to the use of the Sites. By accessing and visiting any of the Sites you accept and agree to be bound by these Terms, any applicable Additional Terms (as defined below), and our Privacy Notice.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE SITES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
THE SITES ARE 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 any of the Sites.
We may at any time revise these Terms by updating these Terms. All revisions to these Terms are effective immediately when we post them and apply to use of the Sites thereafter. The "Last Updated Date" at the top of this Agreement will indicate when the latest modifications were made. To the fullest extent permitted under applicable law, your continued use of any of the Sites constitutes your agreement to any modified Terms, and you should therefore visit the Terms to review the current Terms from time to time. Furthermore, unless explicitly stated otherwise, any new features or services that augment or enhance the Sites in the future shall be considered part of the Sites and subject to these Terms. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, any or all of the Sites (or any portion thereof), with or without notice to you, and you agree that Toyota shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the Sites. Moreover, we may terminate these Terms for any or no reason, and with or without notice to you. Your rights under these Terms will terminate automatically without notice from us if you fail to comply with any provision of these Terms. Upon termination of these Terms, you shall cease all use of the Sites.
Certain features of the Sites may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers (collectively, "Additional Terms"), which are hereby incorporated by reference into these Terms unless expressly set forth otherwise in such Additional Terms. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to the specific feature.
NOTE THAT THESE TERMS APPLY ONLY TO THESE SITES; OTHER SITES PROVIDED BY TOYOTA OR PROVIDED BY TOYOTA'S DEALERS, DEALER ASSOCIATIONS AND DISTRIBUTORS MAY HAVE SEPARATE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.
These Sites are for your personal, non-commercial use. Any other use of the Sites requires the prior written consent of Toyota.
The Sites contain information regarding Toyota and its products, services and promotional programs, including advertising, Toyota Trademarks (as defined below), pictures, information, digital images, featured articles, surveys, applications, 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 products and services described on the Sites contain uniquely American specifications and equipment and are offered only in the continental U.S.A. The promotional programs offered on the Sites are only available in the continental U.S.A. and may be limited to particular states as described by the terms of such programs.
2. SIGN UP TO RECEIVE INFORMATION; ACCOUNT REGISTRATION.You may opt-in to receive marketing materials from Toyota, including news and special event and new vehicle information. If you opt-in you may be asked to provide your Personal Information (as defined below) 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 Toyota at any time by clicking here.
If you opt-in to receive information from Toyota, you may be required to provide your personally identifiable information, such as your name, address, phone number or email address ("Personal Information"). Further, if you register on any of the Sites, you may be asked to provide additional information, including your Vehicle Identification Number. Please see our Privacy Notice for more information on how we protect your Personal Information.
If you opt-in to receive information from Toyota, you agree to provide true, accurate and complete information about yourself as prompted by the online or mobile forms. You may also have the opportunity to register for an account on the Sites ("Account") to access and use certain features of the Sites, including certain applications offered by Toyota and certain specially-tailored products and services (e.g., for Toyota Owners). If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Sites and/or to suspend or terminate your Account.
We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your Account, including, but not limited to, your failure to receive critical information about Toyota and/or the Sites.
Your selection and use of an Account username and password, and any other information required for security access and authentication purposes, are subject to these Terms. You agree not to share your username, password and any security-related information with anyone. You are responsible for all use of your Account and for ensuring that access to and use of your Account complies fully with these Terms. You acknowledge and agree that any use of your Account through your username, password and security information shall be deemed to be your actions which we may rely upon. You are solely responsible for protecting the confidentiality and security of your Account.
3. OWNERSHIP AND USE OF THE SITES.Toyota or its affiliates own all right, title, and interest, and/or have a valid right to use and sublicense the Sites and all Content on the Sites, including, without limitation, all trademarks, service marks, logos and trade names used on the Sites (collectively, "Trademarks").
Toyota grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Sites (including the Content and Mobile Services (as defined below)) for your own personal non-commercial use, subject to your compliance with these Terms, including, without limitation, the restrictions on use of the Sites. Toyota may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.
Toyota reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel any or all of the Sites' operation, or portions thereof, with or without notice to you. You acknowledge and agree that Toyota will not be liable to you or any third party for any such modification, suspension, discontinuation or cancellation of any or all of the Sites' operation.
4. RESTRICTIONS ON ACCESSING AND USING THE SITES.As a condition to accessing and using the Sites in accordance with the license granted to you under these Terms, you agree to comply with the following rules:
In addition, you agree to comply with all applicable laws, regulations and other legal requirements relating to your access to and use of the Sites.
You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms, including any unauthorized access to your Account. If you notify us or if we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe.
5. MOBILE SERVICES/APPLICATIONS AVAILABLE THROUGH THE SITES.If permitted or available through any feature or service on any of the Sites, you (a) upload content to any of the Sites or download content from any of the Sites via a mobile device, (b) receive and reply to messages from or on any of the Sites, or to access or make posts using text messaging, (c) browse any of the Sites from your mobile device and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which Toyota makes the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including text messaging charges for each text message you send and receive on your mobile device, and all applicable data fees.
Your use of certain of the Mobile Services may incur charges and be subject to other terms from Toyota, which charges and other terms will be provided to you via separate terms and conditions for the applicable Mobile Services. For instance, all terms and conditions applicable to your use and download of the Entune ® App Suite application may be found here. Additionally, please check your wireless plan 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 Services, and you are solely responsible for any costs you incur to access the Mobile Services. You should keep in mind that the use of the Mobile Services to send content to another person via email or SMS (Short Message Service, or "text messaging") may result in wireless charges to both the sender and the receiver.
6. DOWNLOADS FROM THE SITES.When you download any Content from any of the Sites (a "Download"), you understand that it is owned by Toyota, its affiliates and/or licensors, as applicable, and is protected by intellectual property laws. Toyota 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 and/or mobile device that is compatible solely for your own personal non-commercial 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). You may not depict any Downloads on any merchandise or products of any kind or otherwise use any Downloads for commercial purposes. You must provide all equipment and software necessary to connect to the Sites, including, but not limited to, a computer (with internet access) that is in working order and suitable for use in connection with the Sites. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Toyota's operations or the Sites. See Disclaimer of Warranties and Limitation of Liabilities for details related to downloads from Sites.
7. THIRD-PARTY PRODUCTS AND SERVICES AND LINKS.The Sites may contain 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 Toyota Entities (as defined below) are responsible for any Third-Party Sites accessed through the Sites or any Third-Party Applications, Software or Content posted on, available through or installed from the Sites, 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 Toyota Entities).
If you decide to leave any of the Sites 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, unless otherwise indicated, these Terms and any other Toyota terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site and any Third-Party Applications, Software or Content to which you navigate from any of the Sites or relating to any applications you use or install from any of the Sites.
We may also make available or provide access to products, services, or applications of Third Parties. Such products, services, and applications shall be purchased and/or obtained directly from such Third Party. NO TOYOTA ENTITY SHALL BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS, SERVICES OR APPLICATIONS OF THIRD PARTIES. NO TOYOTA ENTITY SHALL BE RESPONSIBLE FOR THE CONTENTS OF ANY WEB SITE OR MOBILE SITE LINKED TO THE SITES, AND THE FACT SUCH LINKS ARE PROVIDED ON THE SITES DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEB SITE OR MOBILE SITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEB SITE OR MOBILE SITE IS AT YOUR OWN RISK.
Any Visitor including a link to the Sites or any Content or other information on any Third-Party Site or in any Third-Party Applications, Software or Content must follow the Guidelines for External Sites set forth herein.
If you would like to use Content or information or provide a link to any part of any of the Sites from any Third-Party Site or in any Third-Party Applications, Software or Content, you must read and agree to comply with the following guidelines and all applicable laws.
External Third-Party Site Use of Toyota Information
Third-Party Sites must have prior written approval before using any text, trademarks, graphics, photographs, or other materials or content from any Toyota source, such as any of the Sites, and other websites, brochures or other media operated or provided by any Toyota Entity.
Third-Party Sites and Third-Party Applications, Software or Content may use brand or model names in Web site text only to the extent reasonably necessary to identify Toyota products. Any other use of any Toyota Trademark is prohibited without prior written Toyota approval.
External Third-Party Site Naming Guidelines
Third-Party Sites and Third-Party Applications, Software or Content may not use a brand, product name or other confusingly similar word or group of letters in a domain name that is similar to any Trademark of Toyota and/or its affiliated companies without prior written Toyota approval.
No Misrepresentation
Third-Party Sites and Third-Party Applications, Software or Content must not in any way imply that Toyota is endorsing it or its products or services; must not misrepresent its relationship with Toyota; must not present false information about Toyota; must not be a Web 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 website that contains content that could be construed as distasteful, offensive or controversial.
Linking to any of the Sites
Third-Party Sites and Third-Party Applications, Software or Content may not use links to any part of any of the Sites in any way that implies sponsorship by or affiliation with Toyota. Furthermore, when linking to any part of the Sites, the Third-Party Site and Third-Party Applications, Software or Content may not appear as a frame within the applicable page(s) of the Sites 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 Third-Party Site Disclaimer
Any Third-Party Site and Third-Party Applications, Software or Content using Content, information from or linking to any part of the Sites must include a prominently displayed disclaimer on the home page stating that such Third-Party Site is not authorized by or affiliated with Toyota.
8. USER CONTENT AND CONDUCTWhere applicable on the Sites, you may be invited to post your own content ("User Content") understand that all User Content is your sole responsibility. Though the Sites are designed to be a safe place to share such User Content, we cannot guarantee that other users and Visitors will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, images, videos, personal information, name, home address, telephone number, etc.), do not post it to the Sites. Under no circumstances will Toyota be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Sites. TOYOTA IS NOT RESPONSIBLE FOR A USER'S OR VISITOR'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITES.
By posting any User Content at the Sites, you hereby grant Toyota a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Sites or otherwise have the right to grant the license set forth in this Section; and the posting of your User Content on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you posted to or through the Sites.
You acknowledge and agree that Toyota may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any User Content violates the rights of third parties; or protect the rights, property, or personal safety of Toyota, its customers, Visitors, and the public. You understand that the technical processing and transmission of the Sites, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to Toyota worldwide. Posting of User Content to or through the Sites, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. Toyota shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Sites. TOYOTA SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITES, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
You agree that you will not use the Sites to:
You understand that by using the Sites, you may be exposed to User Content created by others that is offensive, indecent or objectionable. Toyota does not endorse or have control over what is posted as User Content. User Content is not reviewed by Toyota prior to posting and does not reflect the opinions or policies of Toyota. Toyota makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Sites. Toyota assumes no responsibility for monitoring the Sites for inappropriate submissions or conduct, but reserves the right to do so. If at any time Toyota chooses, in its sole discretion, to monitor the Sites, Toyota nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the users or Visitors submitting any such User Content. Notwithstanding the foregoing, Toyota and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable, in Toyota's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content. Toyota may store User Content indefinitely. However, Toyota has no obligation to store User Content or make it available to you in the future.
You are solely responsible for your interactions with other Sites users and Visitors. Toyota reserves the right, but has no obligation, to monitor disputes between you and other Sites users and Visitors. Toyota reserves the right to terminate your access to the Sites if Toyota determines, in its sole discretion, that doing so is prudent.
You may submit reviews or other feedback on the Sites. Any comments, suggestions, or feedback relating to the Sites (collectively "Feedback") submitted to Toyota shall become the property of Toyota. Toyota will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, services, application, site, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Sites, or its operations or business, in the future. Without limitation, Toyota will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Toyota, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
9. COPYRIGHT AGENT.If you are the owner of a United States copyright and you believe that your work has been copied on any of the Sites in a way that constitutes copyright infringement, please contact us and provide our Copyright Agent with the following information:
1. a physical signature of the copyright owner or person authorized to act on behalf of the owner of the copyright;
2. a description of the copyrighted work;
3. a description of where the material that you claim is infringing is located on the Site(s);
4. your address, telephone number and email address;
5. 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
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright can be reached as follows:
Toyota Motor Sales, U.S.A., Inc.