Terms and Conditions of Your Safety Connect Telematics Service
`Effective as of October 20, 2010
`
`Welcome to your Telematics Services, provided to you by Toyota Motor Sales, USA, Inc. These Terms and Conditions are a
`legal agreement between you and us, Toyota Motor Sales, USA, Inc. (“us”, “our”, and “we”). These Terms and Conditions are
`part of the Subscription Service Agreement (collectively, the “Agreement”). You can contact us at any time by calling
`Toyota at 1-800-331-4331 or by writing to us at Toyota Motor Sales, U.S.A., Inc., Safety Connect Customer Care,
`19001 South Western Ave., Torrance, CA 90501.
`
`IN THIS AGREEMENT, WHEN WE USE THE WORDS “SAFETY CONNECT” OR “SERVICE(S)”, WE MEAN ALL THE
`SERVICES WE PROVIDE TO YOU UNDER YOUR SERVICE PLAN (“SERVICE PLAN”). UNLESS OTHERWISE STATED,
`ALL TERMS USED IN THESE TERMS AND CONDITIONS HAVE THE SAME MEANING AS SET FORTH IN THE
`SUBSCRIPTION SERVICE AGREEMENT.
`
`PLEASE READ THIS AGREEMENT BEFORE USING ANY SERVICE. ANY SAFETY CONNECT DOCUMENTS GIVEN OR
`SENT TO YOU THAT SAY THEY ARE A PART OF YOUR SAFETY CONNECT AGREEMENT ARE PART OF THIS
`AGREEMENT, IF YOU ACCEPT OR USE ANY OF THE SERVICES THEY DESCRIBE.
`
`1. STARTING YOUR SERVICE
`You can only get and use these Services by accepting this Agreement. To obtain these Services, your Car must contain a
`factory installed Telematics System (the “System”). If you do not accept the Agreement, including these Terms and Conditions,
`please notify us immediately and we will cancel your Services. Failure to cancel your Services within 15 days of
`enrollment for the Services will be deemed acceptance of the Agreement, even if you have not signed the
`Subscription Services Agreement. In addition, if you have not enrolled or signed the Subscription Services
`Agreement, you accept and agree to be bound by the Agreement at the point in time that you use the Services. The
`Agreement may be amended by us, without notice to you, in our sole discretion, from time to time. The most current
`Agreement is available on our website at www.toyota.com.
`
`2. DURATION OF SERVICES
`This Agreement expires when your Service Plan expires, if not renewed, as set forth in Section 6 of your Subscription Service
`Agreement or when terminated by you or us as permitted in this Agreement.
`
`3. PAYMENT FOR YOUR SERVICES
`You are responsible to pay for your Services by credit or debit card or by paying your dealer directly. If you provide your credit
`or debit card number, you authorize us to automatically renew your Service for a one-year subscription beginning on the
`Scheduled Expiration Date and annually thereafter, by charging your account, unless you notify us by calling us at the
`appropriate number provided in the first paragraph of these Terms and Conditions. This authorization will remain in effect until
`you notify us otherwise. Your credit or debit card information is maintained in a secure manner. If you pay your dealer directly,
`your dealer will remit your payment to us. You are responsible for paying directly to others (such as emergency service
`providers) all charges for services furnished by them that are not expressly covered under your Service Plan. You are not
`required to pay any amount for your services in excess of that which is stated in Section 5 of the Subscription Service
`Agreement.
`
`4. TAXES AND OTHER CHARGES
`You promise to pay all taxes, fees and surcharges set by the government and charged to you by us. We may not tell you in
`advance of changes to these items. The taxes, fee and surcharges will be added to the cost of your Service Plan.
`
`5. PAYMENT DISPUTES
`The price of your Service Plan may change over time, and we will use the rates then in effect for the applicable payment
`period for those charges. Except as prohibited by law, if you object to any fees or charges for Services billed by or through us,
`you must tell us in writing within 30 days of the postmarked date of the billing notice. If you fail to object within that time period,
`YOU WAIVE THE DISPUTE.
`
`6. YOUR RIGHT TO CANCEL; TRANSFER YOUR SERVICE
`You can cancel your Service Plan at anytime by calling us at the appropriate number provided in the first paragraph of these
`Terms and Conditions and telling a Customer Care Agent you want to cancel your Service Plan. If you cancel your Service
`Plan we have the right to turn off your Services. The cancellation effective date must be the date you notify us that you want to
`cancel your Service Plan.
`
`You cannot transfer your Service Plan to another vehicle. If you sell your Car or terminate your lease during the term of the
`Service Plan, you must cancel your Services by contacting us by phone. If you sell your Car or terminate your lease and do
`not notify us by phone, you will remain responsible for all charges for your Service Plan. The new owner of your Car cannot
` T-SC-10.10 Page 1 of 5
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`OWNER Ex. 2062, p. 1
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`assume the remaining period of Service under your Service Plan. There is no charge to cancel your Service Plan. We reserve
`the right to cancel your Service Plan once notified of the sale of your Car, by you, Additional Subscribers, a dealer or new
`owner.
`
`7. OUR RIGHT TO CANCEL OR SUSPEND YOUR SERVICE
`WITHOUT CAUSE. We may terminate your Service Plan without cause. If we terminate your Service Plan without cause, we
`will give you notice 30 days prior to the effective date of termination after which your account will be deactivated and your
`Services will terminate. This means that we can decide to cease providing the Services to you at any time and for any reason,
`even for reasons unrelated to you or your account with us. In such a case, we will refund any amounts you have paid in
`advance for a multiple year subscription.
`
`WITH CAUSE. We may terminate your Service Plan without prior notice to you for any good cause. This means, for example,
`we can terminate your Service immediately if you breach any part of this Agreement, do not pay amounts that are due to us or
`one of our Third Party Service Providers as defined in Section 13, below, interfere with our efforts to provide Service, interfere
`with our business or if you use the Services for illegal or improper purposes. You do not have any right to have your Service
`reactivated, even if you cure any of these problems. We may, in our sole discretion, allow reactivation of your Service. We can
`suspend your Service for any reason or we could terminate it.
`
`8. REFUNDS TO YOU
`If you cancel your Service Plan, we will prorate the amount owed or to be refunded as of the date of cancellation, without any
`deductions. Any refund shall be processed immediately by us. If you provide us with your credit or debit card number, we will
`credit the amount of your refund to your card. If you do not provide your credit or debit card number, we will send you a check
`to the address we have on file for you in the amount to be refunded via U.S. mail.
`
`9. CHANGES BY YOU TO YOUR SERVICES
`You are the only person who can request to activate your Service Plan. However, any Additional Subscriber(s), designated by
`you in the Subscription Service Agreement, can cancel or change your Service Plan by contacting us by phone or online
`through our website, if available.
`
`10. CHANGES BY US TO YOUR SERVICES
`WE MAY CHANGE YOUR SERVICES AT ANYTIME, AFTER GIVING 30 DAYS NOTICE TO YOU. After receiving any notice,
`may cancel your Agreement or agree to the change. If you do not cancel your Agreement by contacting us within 30 days of
`the postmarked date of the notice you are agreeing to the change and it becomes part of this Agreement between you and us.
`You do not have any right in the wireless phone number assigned to your System. We can change the number at any time.
`
`11. ELECTRONICALLY LOCATING YOUR CAR
`Your System includes an electronic location device that allows us to find your Car under the following specific circumstances:
`
`a. Automatic Collision Notification. If the airbag sensor is tripped or there is a severe rear-end collision of your Car, your
`System may call our Response Center and record and transmit information, including your location, so that we can provide
`assistance.
`
`b. Emergency Assistance Button. You may call us 24 hours a day in the event of an emergency by pressing the SOS button
`in your Car. If you call us by pressing the SOS button, your Car will send an electronic signal to the Response Center which
`identifies your location to the Response Center Agent who answers your call.
`
`c. Roadside Assistance. If you need Roadside Assistance, you can obtain these services 24 hours per day by pressing the
`SOS button in your Car. Your Car will send an electronic signal to the Response Center which identifies your location to the
`Response Center Agent who answers your call. Roadside Assistance includes emergency fluid delivery of up to 2 gallons of
`standard petroleum fuel or water, winching (so long as the Covered Vehicle is unable to proceed safely under its own power,
`either on the member’s premises (garage or driveway) or any normally traveled, paved public street, highway or parking area),
`dead battery jump-start, tire changes using the vehicle’s inflated spare, and towing to the nearest Toyota dealership. Additional
`mileage charges apply if the requested towing location is beyond the nearest Toyota dealership.
`
`d. Stolen Vehicle Location. Your vehicle contains an electronic location device that we can use in the event your Car is
`stolen. If we receive the information we request, we can try to find your Car.
`
`Theft. If your Car is stolen, we can try to locate it and share that location with local authorities. You must call us at the
`appropriate number provided in the first paragraph of these Terms and Conditions and provide us the information we request
`from you, which may include a police report to verify the report of theft. We can work with local authorities to recover the Car
`utilizing the Car’s GPS. We cannot guarantee we will find your Car. If you do not provide us with the information we request,
`we have the right to refuse to locate your Car.
`
` T-SC-10.10 Page 2 of 5
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`OWNER Ex. 2062, p. 2
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`Locating Missing Persons. You may contact us and request that we locate your Car to assist in finding missing persons and
`share that location with local authorities. You must call us at the appropriate number provided in the first paragraph of these
`Terms and Conditions and provide us the information we request from you, which may include a police report to verify the
`report of a missing person. We can then work with local authorities to recover the Car utilizing the Car’s GPS. We cannot
`guarantee we will find your Car. If you do not provide us with the information we request, we have the right to refuse to locate
`your Car. We are not required to try to find your Car for the purpose of locating a person.
`
`Upon the Request of your Lienholder/Lessor, Toyota Motor Credit Corporation (“TMCC”). If your Lienholder/Lessor is
`TMCC and TMCC requests that we find your Car because of (1) alleged fraud or (2) breach of your lease, retail installment
`contract or Car loan with TMCC, we can try to locate your Car and share that location with TMCC. TMCC will be required
`to contact us directly and provide us with the information we request to verify the fraud or breach of your lease, retail
`installment contract, or Car loan.
`
`12. SYSTEM LIMITATIONS
`Your Service works using the System which receives Global Positioning System (“GPS”) satellite signals and communicates
`with our Response Center via wireless communication networks. We use commercial mobile wireless service purchased from
`one or more third-party providers (the “Underlying Wireless Carrier”). NOT ALL SERVICES ARE AVAILABLE EVERYWHERE,
`PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL CARS, AT ALL TIMES.
`
`Your Service has many limitations including, but not limited to, the following: a) Services are sold and will function, provided
`connectivity is available, in the continental United States; b) Services will not be sold but will function, provided connectivity is
`available, in Hawaii and Canada; c) Services are not sold and will not function in Mexico, Puerto Rico or other countries
`outside the United States; d) Your Service does not have the ability to receive calls and may only place calls to the Response
`Center under this Agreement; e) Your Car must have a working electrical system, including adequate battery power for your
`System to operate; f) Your System and Car must be maintained and in good working order and in compliance with all
`government regulations; g) The quality of your Service may be impaired by hills, tall buildings, tunnels, weather, electrical
`system design and architecture of your Car, damage to your Car or wireless phone network congestion; h) Services are not
`available if GPS satellite signals are not working or the signals are obstructed and programming limitations of the System may
`impair our ability to determine your Car’s precise location; i) Services will not work unless your Car is in a place where we have
`an agreement with an Underlying Wireless Carrier for service in that area; j) Services also will not work unless you are in a
`place where the Underlying Wireless Carrier we hired for that area has coverage, network capacity, and reception when the
`service is needed, and technology that is compatible with the Services; k) The routing data we provide to you is based on the
`most current map information available to us, but may be inaccurate or incomplete, our routing data may not include
`information about one-way roads, turn restrictions, construction projects, seasonal roads or new roads; l) Services can fail or
`be delayed by acts of nature, or forces or causes beyond our reasonable control, including but not limited to weather
`conditions and the results thereof, public utility failure, acts of war, government actions, terrorism, civil disturbances, or System
`failures including internet, computer, telecommunication or other system failures; m) Services use Code Division Multiple
`Access (“CDMA”) digital cellular telephone signals. If the Underlying Wireless Carrier terminates or restricts CDMA digital
`service, Services will not be available, UNDER THIS CIRCUMSTANCE, SOME OR ALL OF YOUR SERVICE MAY BE
`SUSPENDED OR TERMINATED WITHOUT PRIOR NOTICE TO YOU OR WITHOUT ANY LIABLITY TO TOYOTA,
`TOYOTA’S THIRD PARTY SERVICE PROVIDERS, THE UNDERLYING WIRELESS CARRIER OR ANY THIRD PARTY
`BENEFICIARY.
`
`13. THIRD PARTY SERVICE PROVIDERS AND BENEFICIARIES
`We work with many different companies, individuals and government entities to provide you with your Services. Specifically,
`we work with Cross Country Motor Club, Inc., 1 Cabot Rd, Medford, Massachusetts, 02155 and Cross Country Motor Club of
`California, Inc., 275 East Hillcrest Drive, Suite 165 Thousand Oaks, California 91360, to provide roadside assistance and their
`affiliate, ATX Group, Inc., 8550 Freeport Parkway, Irving, Texas 75063, to provide customer support and the other services
`that are a part of your System and Service Plan. In this Agreement “Third Party Service Provider” means any person, company
`or entity who provides any service, System or facilities in connection with your Services. We will use reasonable efforts to
`contact appropriate Third Party Service Providers for help when you ask for it or when the System in your Car signals for it, but
`we cannot promise prompt responses from the Third Party Service Providers. Any Third Party Service Provider involved in
`delivering your Services are intended third-party beneficiaries of the protections of this Agreement, including but not limited to,
`ATX, affiliates of ATX and TMS, the Underlying Wireless Carrier and its affiliates. This Agreement does not give you any rights
`against any of the Underlying Wireless Carriers or other Third Party Service Providers. The disclaimers, warranties, limitations
`of liability and other protections of this Agreement extend to these third-party beneficiaries.
`
`14. YOUR DUTIES AND RESPONSIBILITIES
`It is your responsibility to make sure your Car and your System are working. You can always press the SOS button to confirm
`that your System is active. If the light next to the SOS buttons is red or off, this means that your System is not functioning
`properly or is inactive, and should be checked by a dealer.
`
`YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF THE SERVICES IN YOUR CAR, EVEN IF YOU ARE NOT THE ONE
`USING IT, AND EVEN IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. YOU ARE ALSO SOLELY
`RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING YOUR CAR. Neither we nor any
`
` T-SC-10.10 Page 3 of 5
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`OWNER Ex. 2062, p. 3
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`Third Party Service Provider has any obligation to inquire about the authority of anyone using your Car. Neither we nor any
`Third Party Service Provider has any obligation to inquire about the authority of anyone using your personally identifiable
`information that can be used to identify your account to request services for your Car. If you or a driver of your Car uses the
`Services or System to commit a crime or for another improper purpose, you will be responsible for any damages owed by us
`as a result of such use. You are entirely responsible for any transaction with anyone in connection with your use of the
`Services, and any use that you make of any information received from or through any Services. You act at your own risk.
`
`When you use the Services, you promise:
`
`(1) not to use the Emergency Assistance Button and Roadside Assistance except for actual emergencies and roadside
`assistance needs;
`
`(2) not to use your Service for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of
`Services to our other customers;
`
`(3) not to abuse or do anything to damage our business operations, services, reputation, employees, facilities, or Third Party
`Service Providers of your Service;
`
`(4) not to use any content you receive through the Services except as expressly authorized by us;
`
`(5) not to resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative
`works from any content you receive through your Service; and
`
`(6) not to use any content you receive through your Service for commercial purposes.
`
`If you do any of these things, you agree you will be responsible for any amount anyone else claims from us or our Third Party
`Service Providers, plus any expenses, resulting in whole or in part, from that use or your actions.
`
`You are responsible for your Car Insurance. This Service does not provide your Car Insurance. This Service is not an
`insurance product. The payments you make for your Service Plan are not related to the value of your Car or any property in it,
`or the cost of any injury to or damages suffered by you or anyone else.
`
`15. YOUR PRIVACY
`We collect information about you and your Car several different ways: from what you, your Car dealer and Car maker provide
`to us when you accept this Agreement or buy or lease your Car; from your use of the Services; from calls or emails between
`us; from our Underlying Wireless Carrier; and from your Car itself when your System is active.
`
`Because your Services are provided through wireless networks, we cannot promise that your communications will not be
`intercepted by others. You agree we will not be liable for any damages for any loss of privacy occurring in communication over
`such networks. If you do not notify us of a sale or transfer of your Car, we may continue to send reports or other information
`about the Car or the Service Plan account to the billing address currently on file with us. In such case, we are not responsible
`for any privacy related damages you may suffer.
`
`INFORMATION ABOUT YOU. The information we may get about you includes things such as your address, phone number,
`email address, language preference, and whether you are hearing impaired. INFORMATION ABOUT YOUR CAR. The
`information we may get from your Car includes things such as data about its operation (such as diagnostic trouble codes, oil
`life remaining and odometer reading); about your use of the Services; about where your Car is just before and during requests
`for location information or services that involve a wireless connection to your Car; and (depending on your System) data about
`accidents involving your Car (for example, the direction from which your Car was hit and which air bags have deployed).
`
`USE AND SHARING OF INFORMATION ABOUT YOU AND YOUR CAR. You agree that we can, subject to applicable law,
`use any of this information we collect to: (a) provide Services to you or your Car (including, but not limited to, sharing that
`information with roadside assistance providers, emergency service providers, or others, as needed); (b) communicate with you
`about your account; (c) check or maintain your System; (d) provide information to the maker of your Car about the Car’s
`performance, about aggregate product usage, and to enable the maker of your Car to comply with law; (e) provide information
`about you to dealers and dealer associations for their own use; (f) provide information about you to our business partners to
`fulfill any request you may make and improve our service to you; (g) help you to maintain the Car; (h) evaluate and improve
`our Service; (i) enforce this Agreement with you or others; (j) prevent fraud or misuse of Service; (k) comply with legal
`requirements, including valid court orders; (l) protect the rights, property, or safety of you or others; (m) offer you new or
`additional products or services; (n) perform market research; or (o) respond to requests from TMCC about the location of your
`Car as otherwise provided in this Agreement. This list is not meant to be exhaustive.
`
`You understand that, for quality assurance purposes, we (including our Third Party Service Providers) may monitor and record
`conversations between our (including our Third Party Service Providers) respective Response Centers and your Car’s
`occupants. We (including our Third Party Service Providers) may also monitor and record any calls coming into our (including
`
` T-SC-10.10 Page 4 of 5
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`OWNER Ex. 2062, p. 4
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`our Third Party Service Providers) Response Center from any source. Therefore, for yourself, your car’s occupants and
`anyone contacting us on your behalf, you: i) consent to all such monitoring and recording and, ii) release us, third-party
`beneficiaries and the Underlying Wireless Carrier(s) from claims, liabilities and losses that may result from any such monitored
`and/or recorded conversations.
`
`YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THE PRIVACY
`STATEMENT, WHICH MAY CHANGE FROM TIME TO TIME (see www.toyota.com). You can obtain a current copy of our
`Privacy Statement and/or request to review or change your personal, Car and account information by contacting us at the
`appropriate number provided in the first paragraph of these Terms and Conditions.
`
`16. NO WARRANTIES ON INFORMATION OR SERVICES
`Warranties are special kinds of promises. Your Car may have a limited warranty that includes your System. However, neither
`Toyota Motor Sales, USA, Inc. nor any third-party beneficiary makes ANY WARRANTIES, EXPRESS OR IMPLIED, about
`the Services (including the content or other information delivered to you as part of the Services), the wireless service used in
`connection with your System, including any warranty of merchantability or fitness for a particular purpose. ALL DATA AND
`INFORMATION IS PROVIDED TO YOU ON AN “AS IS” BASIS. This means we make no warranties in connection with the
`content quality, accuracy, timeliness, completeness, correctness, reliability, merchantability, or fitness for a particular purpose.
`All warranties with respect to the Services, the wireless service or any system used by a Third Party Service Provider are
`expressly disclaimed and excluded by this Agreement.
`
` T-SC-10.10 Page 5 of 5
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`OWNER Ex. 2062, p. 5
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`