Online Privacy Policy

Effective as of March 15, 2008.
(Continental United States Only.)

Introduction to the Toyota Online Privacy Policy
No Representation or Warranty
Normal Web Site Usage
Collection and Sharing of Personally Identifiable Information
Disclosure for Legal Purposes
We Do Not Seek Information from Children
How to Update Your Information
Third Party Advertising Companies
Links to Other Websites

This document describes Toyota Motor Sales, U.S.A., Inc.'s ("Toyota") policy ("Privacy Policy") regarding information received about you during visits to this Web site (the "Site"). The amount and type of information received depends on how you use the Site. These privacy provisions apply solely to Toyota's online information collection activities on this web site and are not applicable to information collection practices Toyota may be engaged in elsewhere, including other Toyota web sites.

By using this Site, you signify your assent to this Privacy Policy. If you do not agree to this policy, please do not use this Site. This Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so please visit us frequently.

No Representation or Warranty
Your confidential use of this Site cannot be guaranteed by Toyota. Toyota 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 information you transmitted to this Site.

Normal Web Site Usage
You can visit the Site to read promotional and other information without telling us who you are and without revealing any personal information. When you do this, we collect and store the name of your internet service provider, the browser (including available plug-ins and browser functionality) and type of machine you are using, the IP address, the Web site that referred you to us, the pages you request and the date and time of those requests.

We use this information to generate statistics and measure site activity to improve the usefulness of customer visits to the Site. During normal usage, we do not collect or store personally identifiable information such as name, mailing address, e-mail address or phone number.

Collection and Sharing of Personally Identifiable Information
There are instances where Toyota requests information about you to provide you with a service or information, such as Free Yr Radio tour dates and bands, promotional program updates, and sweepstakes. Depending upon the type of request, the information we collect may include your name, mailing address, e-mail address, phone number (cellular or land line), and what service or information you have requested. Your personal information is collected and stored by Toyota in a manner appropriate to the nature of the data.

Your personal information may be shared with our vendors and business partners to assist us in fulfilling your request. We may also share your personal information with companies affiliated with Toyota, our private distributors, and our authorized dealers and dealer advertising associations.

From time to time, Toyota may request information about you to enable you to participate in promotional activities, such as creating videos and participating in sweepstakes and special events (collectively, "Programs"). Sometimes Programs are made available through the joint efforts of Toyota and an unaffiliated business partner. If you choose to participate, we may use the information you provide in connection with the Programs. For example, we may send you email or text messages related to the Programs or your account activity, or for selection and notification of sweepstakes winners. Your personal information may also be shared with our business partner and may also be used by our business partner if you indicate your interest in receiving communications directly from that company. If you elect to receive communications from our business partner, your information will be used by that company in accordance with its policies and this Privacy Policy will not apply to that company's use of your information. Sometimes the rules, terms and conditions or disclaimers that apply to a particular Program include information on how we may use the personal information that you provide to us through your participation in the Program. If there is a conflict between the rules, terms and conditions that apply to a particular Program and this Policy, those applying to the particular Program will govern. Please review all of the information about a Program before you provide us with any personal information.

Disclosure for Legal Purposes
Toyota reserves the right to disclose any personally identifiable information or other information we collect through the Site or otherwise if we are required to do so by law or if we reasonably believe that the disclosure is necessary in order to (a) fulfill a government request; (b) conform with the requirements of law or to comply with legal process served on us; (c) protect or defend the legal rights or property of Toyota, the Site or its users, or third party licensors of any material on the Site; or (d) in an emergency to protect the health or safety of the users of the Site or the general public

We Do Not Seek Information From Children
The Site is not intended for children under the age of 13. Toyota does not knowingly collect personal information from children that young. If you are under the age of 13, please do not submit your email address or any other personal information to us through the Site.

How to Update Your Information
From time to time Toyota collects personally identifiable information in connection with Programs. There may be times when you can access and update the information you provided as part of your participation in a Program. Please see the section of the Site concerning the specific Program to determine if you are able to access your information and how to do so.

Most browsers are initially set to accept cookies. If you would prefer, you may set yours to accept or refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the Site will not function properly if you do so. Also, we will not be able to recognize you as a visitor over time.

Third-Party Advertising Companies
Toyota shares Web site usage information about visitors to the Site with one or more reputable third-party advertising companies for the purpose of measuring the effectiveness of our online advertising initiatives. For this purpose, we and our third-party advertising companies note some of the pages you visit on the Site through the use of pixel tags (also called clear gifs). We may also utilize Web beacons to determine the correlation between Toyota purchasers and the online sites they visit. The information collected by our third-party advertising companies through the use of these pixel tags and Web beacons is not personally identifiable. For more information about Web beacons or opting out, please click here.

Links to Other Websites
This site includes links to other websites, such as the site for Urban Outfitters and to sites for college and non-commercial radio stations. These sites are not under our control, even though they may use the Yaris name or logo on their site through an agreement with us. Such other sites do not necessarily follow our 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 advertising or 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.

Online Privacy Policy

Effective as of March 15, 2008.
(Continental United States Only.)

Introduction to the Toyota Online Privacy Policy
No Representation or Warranty
Normal Web Site Usage
Collection and Sharing of Personally Identifiable Information
Disclosure for Legal Purposes
We Do Not Seek Information from Children
How to Update Your Information
Third Party Advertising Companies
Links to Other Websites

This document describes Toyota Motor Sales, U.S.A., Inc.'s ("Toyota") policy ("Privacy Policy") regarding information received about you during visits to this Web site (the "Site"). The amount and type of information received depends on how you use the Site. These privacy provisions apply solely to Toyota's online information collection activities on this web site and are not applicable to information collection practices Toyota may be engaged in elsewhere, including other Toyota web sites.

By using this Site, you signify your assent to this Privacy Policy. If you do not agree to this policy, please do not use this Site. This Privacy Policy may be modified from time to time; the date of the most recent revisions will appear on this page, so please visit us frequently.

No Representation or Warranty
Your confidential use of this Site cannot be guaranteed by Toyota. Toyota 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 information you transmitted to this Site.

Normal Web Site Usage
You can visit the Site to read promotional and other information without telling us who you are and without revealing any personal information. When you do this, we collect and store the name of your internet service provider, the browser (including available plug-ins and browser functionality) and type of machine you are using, the IP address, the Web site that referred you to us, the pages you request and the date and time of those requests.

We use this information to generate statistics and measure site activity to improve the usefulness of customer visits to the Site. During normal usage, we do not collect or store personally identifiable information such as name, mailing address, e-mail address or phone number.

Collection and Sharing of Personally Identifiable Information
There are instances where Toyota requests information about you to provide you with a service or information, such as Free Yr Radio tour dates and bands, promotional program updates, and sweepstakes. Depending upon the type of request, the information we collect may include your name, mailing address, e-mail address, phone number (cellular or land line), and what service or information you have requested. Your personal information is collected and stored by Toyota in a manner appropriate to the nature of the data.

Your personal information may be shared with our vendors and business partners to assist us in fulfilling your request. We may also share your personal information with companies affiliated with Toyota, our private distributors, and our authorized dealers and dealer advertising associations.

From time to time, Toyota may request information about you to enable you to participate in promotional activities, such as creating videos and participating in sweepstakes and special events (collectively, "Programs"). Sometimes Programs are made available through the joint efforts of Toyota and an unaffiliated business partner. If you choose to participate, we may use the information you provide in connection with the Programs. For example, we may send you email or text messages related to the Programs or your account activity, or for selection and notification of sweepstakes winners. Your personal information may also be shared with our business partner and may also be used by our business partner if you indicate your interest in receiving communications directly from that company. If you elect to receive communications from our business partner, your information will be used by that company in accordance with its policies and this Privacy Policy will not apply to that company's use of your information. Sometimes the rules, terms and conditions or disclaimers that apply to a particular Program include information on how we may use the personal information that you provide to us through your participation in the Program. If there is a conflict between the rules, terms and conditions that apply to a particular Program and this Policy, those applying to the particular Program will govern. Please review all of the information about a Program before you provide us with any personal information.

Disclosure for Legal Purposes
Toyota reserves the right to disclose any personally identifiable information or other information we collect through the Site or otherwise if we are required to do so by law or if we reasonably believe that the disclosure is necessary in order to (a) fulfill a government request; (b) conform with the requirements of law or to comply with legal process served on us; (c) protect or defend the legal rights or property of Toyota, the Site or its users, or third party licensors of any material on the Site; or (d) in an emergency to protect the health or safety of the users of the Site or the general public

We Do Not Seek Information From Children
The Site is not intended for children under the age of 13. Toyota does not knowingly collect personal information from children that young. If you are under the age of 13, please do not submit your email address or any other personal information to us through the Site.

How to Update Your Information
From time to time Toyota collects personally identifiable information in connection with Programs. There may be times when you can access and update the information you provided as part of your participation in a Program. Please see the section of the Site concerning the specific Program to determine if you are able to access your information and how to do so.

Most browsers are initially set to accept cookies. If you would prefer, you may set yours to accept or refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of the Site will not function properly if you do so. Also, we will not be able to recognize you as a visitor over time.

Third-Party Advertising Companies
Toyota shares Web site usage information about visitors to the Site with one or more reputable third-party advertising companies for the purpose of measuring the effectiveness of our online advertising initiatives. For this purpose, we and our third-party advertising companies note some of the pages you visit on the Site through the use of pixel tags (also called clear gifs). We may also utilize Web beacons to determine the correlation between Toyota purchasers and the online sites they visit. The information collected by our third-party advertising companies through the use of these pixel tags and Web beacons is not personally identifiable. For more information about Web beacons or opting out, please click here.

Links to Other Websites
This site includes links to other websites, such as the site for Urban Outfitters and to sites for college and non-commercial radio stations. These sites are not under our control, even though they may use the Yaris name or logo on their site through an agreement with us. Such other sites do not necessarily follow our 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 advertising or 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.

TERMS OF USE

Last updated January 18, 2008

Welcome to the Free YR Radio/Yaris SXSW Site. The following are terms of a legal agreement between you and Toyota Motor Sales, U.S.A. Inc. ("TMS/USA", "we", "us", or "our"). By accessing, browsing, using and/or submitting to the Free YR Radio/Yaris SXSW microsite ("Free YR Radio/Yaris SXSW Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and any amendments thereto (the "Terms and Conditions") and the terms of our Privacy Policy which is incorporated by reference into these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions, do not use the Free YR Radio/Yaris SXSW Site. The material provided on the Free YR Radio/Yaris SXSW Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Free YR Radio/Yaris SXSW Site is controlled and operated by TMS/USA from its offices within the United States. TMS/USA makes no representation that materials available on the Free YR Radio/Yaris SXSW Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Free YR Radio/Yaris SXSW Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. NOTE THAT THESE TERMS AND CONDITIONS ONLY APPLY TO THE USE OF THIS FREE YR RADIO/YARIS SXSW SITE, AND OTHER WEBSITES PROVIDED BY TOYOTA, HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.

Please return to the Free YR Radio/Yaris SXSW Site and review these Terms and Conditions from time to time, as they may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on the Free YR Radio/Yaris SXSW Site. Please note that your use of certain materials and features of the Free YR Radio/Yaris SXSW Site may be subject to additional terms and conditions. By using these materials and features, you also agree to be bound by such additional terms and conditions.

Proprietary Rights and License

All materials on the Free YR Radio/Yaris SXSW Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Free YR Radio/Yaris SXSW Site (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us.

You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Free YR Radio/Yaris SXSW Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited.

Registration for Certain Features

In order to use certain features of the Free YR Radio/Yaris SXSW Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of the Free YR Radio/Yaris SXSW Site. Any equipment or software causing interference shall be immediately disconnected and we shall have the right to immediately terminate your right to use and access the Free YR Radio/Yaris SXSW Site. If any upgrade in or to the Free YR Radio/Yaris SXSW Site or any feature 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 augments or enhances the current Free YR Radio/Yaris SXSW Site, including the release of new products and services, shall be subject to these Terms and Conditions.

If you opt to register for a particular feature of the Free YR Radio/Yaris SXSW Site, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Free YR Radio/Yaris SXSW Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and the Free YR Radio/Yaris SXSW Site by email, text messaging or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Free YR Radio/Yaris SXSW Site.

We may provide you with access to some features of the Free YR Radio/Yaris SXSW Site without you registering as a user and in each such case your identification is based on means of identification that we deem appropriate.

Products, Services and Advertising on Free YR Radio/Yaris SXSW Site and Linked Sites

The Free YR Radio/Yaris SXSW Site may contain advertising and information about products, services, events and/or programs, and links to other web sites that are not controlled or maintained by us. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, events, programs or other materials on the Free YR Radio/Yaris SXSW Site or available from such linked web sites. Use of any products and services advertised or promoted on the Free YR Radio/Yaris SXSW Site and the web sites linked to the Free YR Radio/Yaris SXSW Site is at your own risk. We encourage you to note when you leave the Free YR Radio/Yaris SXSW Site and to read the terms of use of such other web sites.

User Submissions Guidelines

Eligibility: We may permit written, photographic, videotaped or other material to be submitted by you and other users (collectively, "User Submissions") through the Free YR Radio/Yaris SXSW Site. In order to submit a User Submission on the Free YR Radio/Yaris SXSW Site, you must be a legal resident of the 50 United States or the District of Columbia who is of legal age of majority in your jurisdiction of residence (and at least 18 years of age). You understand that whether or not such User Submissions are published or otherwise used, TMS/USA does not guarantee any confidentiality with respect to any submissions to the Free YR Radio/Yaris SXSW Site.

Right to Contact You, Interview, and Obtain Additional Information: We may contact you or any third parties to verify the information you provide to us, obtain additional commentary, and to film, record and make a record of any statements made by you or others in the course of our conversations or correspondence with you. You agree that any materials created from such activities will be owned by us and may be used in accordance with these terms and conditions. We may also send you information and notices regarding your User Submission and any program by email, text messaging or other means based on the information you provide to us.

Discontinuation and Modification of Acceptance of User Submissions: TMS/USA reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of User Submissions and/or your ability to access User Submissions with or without notice in its sole discretion. You agree that TMS/USA shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of User Submissions.

Referral Programs; Forward to a Friend Opportunities

We may offer from time to time referral programs that permit you to submit information about other persons (each, a "Referred Person"), including, without limitation, email addresses, wireless telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the Free YR Radio/Yaris SXSW Site and its features. We will use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the 50 United States or the District of Columbia, who is of legal age of majority in their jurisdiction of residence (and at least 18 years of age, or such other age designated on the sign-up page) and be able to register for the features offered on the Free YR Radio/Yaris SXSW Site and otherwise use the Free YR Radio/Yaris SXSW Site. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Free YR Radio/Yaris SXSW Site or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he or she appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms and Conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, the Free YR Radio/Yaris SXSW Site, any service or feature, or any third party for any reason. We specifically disclaim any liability for exercising such right.

We may, at our discretion, send you a confirmation using any means available through the Free YR Radio/Yaris SXSW Site, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the Yaris SXSW Site or a particular feature. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges for messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to the Free YR Radio/Yaris SXSW Site. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to additional terms and conditions which shall be posted at the time such programs become available and shall be deemed incorporated into, and subject to, these Terms and Conditions. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.

If you are using the Free YR Radio/Yaris SXSW Site to communicate to a Referred Person (or any third party), you agree not to use the Free YR Radio/Yaris SXSW Site to harm the Referred Person or any other third party, and/or use the Free YR Radio/Yaris SXSW Site in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.

Sweepstakes, Contests, Games, Promotional Offers

Any sweepstakes, contests, games and/or promotional offers accessible on the Free YR Radio/Yaris SXSW Site are governed by specific rules and/or terms and conditions (which are hereby incorporated into this Agreement by reference). By entering such sweepstakes or contests or participating in such games or promotional offers, you will become subject to those rules. We urge you to read the applicable rules and/or or terms and conditions, which are linked from the particular activity.

Privacy

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of the Free YR Radio/Yaris SXSW Site is subject to our Privacy Policy.

Infringement and Regulatory Complaints

We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using the Free YR Radio/Yaris SXSW Site in violation of any applicable federal, state, or local laws.

We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission (including as part of a User Submission), please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
• A description of the work you claim has been infringed;
• Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Yaris SXSW Site;
• Your address, telephone number and e-mail address;
• A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
• A statement by you, 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 or other intellectual property infringement can be reached as follows:

By mail:

Liz Schroeter
Copyright Agent
Drillteam
221 W. 17th St., 5th Floor
New York, NY 10011
By phone: 212-777-8056

By e-mail: annaw@drillteammedia.com THE FREE YR RADIO/YARIS SXSW SITE AND ALL CONTENT, PRODUCTS, SERVICES AND OFFERS INCLUDED ON OR AVAILABLE THROUGH THE FREE YR RADIO/YARIS SXSW SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE FREE YR RADIO/YARIS SXSW SITE AND ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE FREE YR RADIO/YARIS SXSW SITE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY: (I) THAT USE OF THE FREE YR RADIO/YARIS SXSW SITE OR ANY CONTENT OR SERVICES ON OR FROM THE FREE YR RADIO/YARIS SXSW SITE (INCLUDING ANY USER SUBMISSIONS) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THE FREE YR RADIO/YARIS SXSW SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THE FREE YR RADIO/YARIS SXSW SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH THE FREE YR RADIO/YARIS SXSW SITE, CONTENT AND SERVICES ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER WE (WHICH FOR THE PURPOSE OF THIS PARAGRAPH SHALL INCLUDE ALL RELEASED PARTIES AS DEFINED IN THE PARAGRAPH ENTITLED "RELEASE OF LIABILITY" BELOW) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FREE YR RADIO/YARIS SXSW SITE, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY), HOWEVER CAUSED, ARISING OUT OF YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY MATERIAL OR CONTENT PROVIDED ON THE FREE YR RADIO/YARIS SXSW SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, WE ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE FREE YR RADIO/YARIS SXSW SITE. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE FREE YR RADIO/YARIS SXSW SITE.

Release of Liability: You agree to release, discharge, and hold harmless the TMS/USA Entities, their respective distributors, dealers, dealer associations, advertising and promotions agencies, and each of their respective officers, directors, employees, representatives, contractors and agents (collectively, 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 participation in the Free YR Radio/Yaris SXSW Site or otherwise accessing the Free YR Radio/Yaris SXSW Site, including, without limitation, your breach of these Terms and Conditions or the use by us or our designees of any rights granted by you.

YOU SPECIFICALLY ACKNOWLEDGE THAT TMS/USASHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

You agree to defend, indemnify and hold Released Parties harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of any warranties, representations and agreements set forth in these Terms and Conditions, including, without limitation, your unauthorized use of any Content (including the User Submissions).

Disputes

You agree that (a) any and all disputes, claims, and causes of action arising out of, or connected with, the Free YR Radio/Yaris SXSW Site (including without limitation, any alleged violation of these Terms and Conditions, any controversy relating to the arbitrability of any dispute, or any claim that these Terms and Conditions (or any part thereof) are invalid, illegal, or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with your participation in the Free YR Radio/Yaris SXSW Site or otherwise accessing the Free YR Radio/Yaris SXSW Site, but in no event attorneys' fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of the Free YR Radio/Yaris SXSW Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Free YR Radio/Yaris SXSW Site or any content or other material used or displayed on the Free YR Radio/Yaris SXSW Site.

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, your rights and obligations, or our rights and obligations in connection with the Free YR Radio/Yaris SXSW Site, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

General

You agree that these terms and conditions constitutes the entire, complete and exclusive agreement between you and us regarding this Free YR Radio/Yaris SXSW Site 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 these terms and conditions. Any failure by us to enforce any of our rights under these Terms and Conditions or applicable laws shall not constitute a waiver of such right. If any provision of these Terms and Conditions is found to be invalid, you and we shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms and Conditions shall retain their full force and effect.

You agree to follow and comply with any applicable laws in your use of the Free YR Radio/Yaris SXSW Site.

SMS Terms and Conditions

YR SXSW offers text-message alerts to our customers to keep you updated on breaking news from SXSW. YR SXSW does not charge a fee to send text-message alerts, but standard text-messaging rates from your cell-phone carrier may apply, for which you are responsible. [YR SXSW text-message alerts are enabled across all major US carriers. ]

Please read the terms and conditions below before opting in.

How to opt in

To opt in to YR SXSW's text-message alerts, enter your mobile phone number at www.freeyrradio.com Only opt in for yourself; you must not sign up for any other person. You will receive a confirmation text message to your mobile phone.

How to opt out

To opt out of text-message alerts, text "STOP SXSW" to 67463 from your cell phone, and Toyota will unsubscribe that cell phone from receiving text-message alerts. Once you have opted out, Toyota will not send you further text-message alerts unless you opt in again.

How to contact YR SXSW for help with text-message alerts:

To get help: Please contact sms@freeyrradio.com for more information.

Your "opt in" to YR SXSW text-message alerts (the "Program") will constitute your agreement to comply with these terms and conditions. If you cannot agree with these terms and conditions, do not use the Program.

Toyota may modify these terms and conditions from time to time; the date of the most recent revisions will appear on this web page. Continued access to the Program by you will constitute your acceptance of any changes or revisions to these terms and conditions.

Your failure to follow these terms and conditions may result in suspension or termination of your access to the Program, without notice, in addition to our other remedies.

We also reserve the right to discontinue the Program, or change the content or formatting of the Program, at any time without notice to you, and to require the immediate cessation of any specific use of the Program.

• You agree that the cell phone number you enter in the Program is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
• Your carrier's standard messaging rates apply to all mobile text messages sent from our website to your cell phone. All charges are billed by and payable by you to your mobile service provider.
• It is necessary for you to have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Program available. You will provide all equipment and software necessary to connect to the Program, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Program.
• You agree not to modify the format or branding of the content provided in the Program ("Content"), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by Toyota, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the Program except as expressly provided for in this Agreement.
• Toyota provides the Program "as is" and shall not be held liable for your use of the Content, or the information or material contained therein. Cusp will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

I ACCEPT THE TERMS AND CONDITIONS

copyright Toyota Motor Sales U.S.A., Inc. 2008. All rights reserved.

Press

For more information, e-mail press@freeyrradio.com