Toyota Mothers of Invention Kiosk

Privacy Statement and Terms of Use


Effective as of April 20, 2015

(Continental United States Only.)

Introduction

This document describes Toyota Motor Sales, U.S.A., Inc.'s ("Toyota") policy (“Privacy Statement”) and Terms of Use (“Terms”) regarding information received about you during visits to the Toyota Mothers of Invention Kiosk (the “Kiosk”).

The amount and type of information collected or received depends on how you use the Kiosk. These privacy provisions and Terms apply solely to Toyota's information sharing and collection activities at the Kiosk and are not applicable to information sharing and collection practices Toyota may be engaged in elsewhere, including Toyota web sites.

By using this Kiosk, you signify your assent to this Privacy Statement and Terms. If you do not agree to this policy, please do not use this Kiosk. This Privacy Statement and Terms may be modified from time to time; the date of the most recent revisions will appear on this page.

No Representation or Warranty

Your confidential use of this Kiosk 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 Kiosk or any information you transmitted to this Kiosk.

This Kiosk and its functionality are being made available to you “AS IS”, without representations or warranties of any kind.

Kiosk Usage

You can visit the Kiosk to read and watch the stories of Mothers of Invention, without telling us who you are and without revealing any personally identifiable information. However, if you choose to donate to a Mothers of Invention on this Kiosk, you need to provide your personal information to us to facilitate your donation.

If you opt-in to receive news about products, services and events from Toyota, you will need to provide your personal information to us.

Collection and Sharing of Personally Identifiable Information

When you opt to donate or receive product news from Toyota, we may collect your personal information, including but not limited to, your name, email address and phone number. Your personal information collected for the purpose of donating to a Mother of Invention will be expunged from the Kiosk at the end of each day.

Your personal information collected for the purpose of providing you with news about products, services and events from Toyota will be transmitted to Toyota and stored in accordance with Toyota’s privacy policies

Disclosure for Legal Purposes

Toyota reserves the right to disclose any personally identifiable information or other information we collect through the Kiosk 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 Kiosk or its users, or third party licensors of any material on the Kiosk; or (d) in an emergency to protect the health or safety of the users of the Kiosk or the general public.

Information Security

We take information security seriously and use certain reasonable security measures to help protect your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. We have appropriate technical, administrative and physical procedure in place to protect personal information from loss, misuse or alteration.

We Do Not Seek Information From Children

The Kiosk 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 Kiosk.

Appropriate Conduct and Content; Personal Use Only

This Kiosk is made available for your personal, non-commercial use only. This Kiosk may not be used for any commercial or promotional purpose.

You may not use the Kiosk for any illegal or unauthorized purpose.

Examples of illegal or unauthorized uses include, but are not limited to: (i) Modifying, adapting, translating, or reverse engineering any portion of the Kiosk; (ii) using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Kiosk; (iii) reformatting or framing any portion of the pages or application images that are part of the Kiosk; (iv) creating or transmitting unwanted electronic communications such as “spam”, or chain letters to other Users or otherwise interfering with other User’s enjoyment of the Kiosk; (v) submitting personally identifiable information of any third party without such third party’s prior written consent; (vi) infringing, misappropriating or violating the intellectual property, publicity, privacy or other proprietary rights of any party; (ix) transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) promoting or encouraging illegal activity; or (xi) any automated use of the system, including the use of scripts to send messages through the Kiosk.

While Toyota prohibits such conduct and content on or through the Kiosk, you understand and agree that you nonetheless may use the Kiosk at your own risk.

Representations

You represent and warrant that your use of this Kiosk complies with this Privacy Statement and Terms of Use.

Indemnification

You agree to defend, indemnify and hold harmless Toyota and their respective parents, subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Kiosk, your breach or alleged breach of this Agreement, or your breach or alleged violation of the copyright, trademark, proprietary or other rights of third parties.

Disclaimer Of Warranties

You understand and agree that your use of this Kiosk is solely at your own risk.

You agree that the functionality on this Kiosk is provided on an "as is" and "as available" basis without any warranty of any kind, expressed, implied or statutory. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You acknowledge and agree that Toyota shall have no liability to you, or to any third party, for any modification, suspension, discontinuance or termination of this Kiosk. You understand and agree that you are responsible for any and all charges, costs and/or expenses for use of the Kiosk. No advice or information, whether oral or written, obtained by you from us or through the Kiosk shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We assume no liability or responsibility for any errors or omissions in the content of this Kiosk. We do not make any warranty or representation that your use of the material displayed on, this Kiosk is non-infringing of any rights of any third party.

Any decision or action taken by you on the basis of information or content provided on the Kiosk is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on the Kiosk.

Limitation of Liability and Release of Liability

Except in jurisdictions where such provisions are restricted, you agree that Toyota’s entire liability, respectively, 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 this agreement and/or for any breach of this agreement is solely limited to the amount fifty cents ($.50), during the term of this agreement. Except in jurisdictions where such provisions are restricted, Toyota parties and their licensors and contractors, advertising and promotion agencies (including any third parties providing all or part of the service) ( “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 this Kiosk, including, without limitation, your breach of this agreement or the use by Toyota or their respective designees of any rights granted by you.