Honda RoadSync Terms of Service
These Terms of Service (these “Terms”) and the American Honda Privacy Notice, including the American Honda Vehicle Data Privacy Notice (collectively, the “Honda Privacy Notices”), set out the terms on which American Honda Motor Co., Inc. (“Honda”, “we”, “our” or “us”) will provide you (“you” or “your”) access to and use of certain services available on or through the Honda RoadSync mobile application (collectively, the “Service”) and how we collect, use, and share your personal information.
THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND HONDA AND INCLUDE A DISPUTE RESOLUTION AND ARBITRATION PROVISION UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THESE TERMS CAREFULLY. By indicating acceptance of these Terms, or by downloading or installing the Honda RoadSync mobile application (the “Mobile App”), or by otherwise using the Service, you are entering into a legally binding agreement with Honda. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISION IN SECTION 15, AND THE HONDA PRIVACY NOTICES, DO NOT USE THE SERVICE, AND IMMEDIATELY DELETE AND PURGE THE MOBILE APP FROM YOUR MOBILE DEVICE (AS DEFINED IN SECTION 1 BELOW).
1. Description of the Service.
a. General. The Service enables you to access certain features of your Mobile Device using the handlebar switch on your Honda RoadSync-supported motorcycle (the “Motorcycle”) and through voice control. For more information about the features available for your Motorcycle, please visit: https://global.honda/en/voice-control-system/en-top.html.
b. Equipment Requirements. Proper operation of the Service requires certain equipment and services that Honda does not provide, maintain, or operate, but instead are the responsibility of either you and/or third parties. To access and use the Service, you must have equipment that meets at least the following minimum requirements (“Equipment Requirements”):
i. Honda RoadSync-supported Motorcycle (please visit https://global.honda/en/voice-control-system/en-top.html for the list of supported models);
ii. Compatible mobile device as listed in the App Store (iOS) or Google Play (Android) (each, a “Mobile Device”);
iii. Data carrier coverage and any appropriate data plan;
iv. Bluetooth®-equipped headset (optional, but recommended for best functionality and user experience); and
v. Appropriate security on the Mobile Device (e.g., no alterations to device security). A certain level of device security or security protocols is required so, for example, jail-broken or rooted mobile devices might not be supported.
Equipment Requirements may change at any time, without notice, and further access to the Service may require acceptance of additional agreements or a newer version of these Terms. For example, the Mobile App through which the Service is provided may be made obsolete by a newer version, which may require updating an operating system and/or downloading a new version of the Mobile App and accepting a newer version of these Terms. By using the Mobile App, you further agree that Honda may change, alter, or modify the settings or configurations on your Mobile Device used to store or access the Mobile App to allow for or optimize your use of the Mobile App. The Mobile App may include digital rights management controls and other technical measures to control access to the Mobile App, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not interfere with such access control measures or attempt to disable or circumvent such security features.
c. Service and System Limitations. The Service is dependent upon Bluetooth® connectivity between your Motorcycle, Mobile Device, and, if applicable, Bluetooth®-equipped headset. Further, the Service works using wireless communication networks and the Global Positioning System (“GPS”) satellite network. The area where you are driving may affect the type or quality of the Service, including routing service. Additionally, some features of the Service may not be fully available if the GPS system or wireless service is not available or working for any reason. Certain programming limitations of the GPS system may impair our ability to determine your precise location.
d. Navigation and Location Services. The navigation feature available through the Service is provided by HERE Technologies. When you enable location services within the Mobile App, you agree to share your location data with Honda and HERE Technologies and accept HERE’s End User Terms (available at https://legal.here.com/terms/) and Privacy Policy (available at https://legal.here.com/privacy/policy/). If you do not agree to HERE’s End User Terms or Privacy Policy, do not enable location services within the Mobile App. AVAILABLE ON SELECT MOBILE DEVICES: If you enable location services, your Motorcycle’s trip history will be available in the Mobile App and you can delete some or all of your trip history through the Mobile App.
e. Children. Honda does not knowingly collect personal information from persons less than 13 years of age without verifiable parental consent. If Honda learns that personal information of persons less than 13 years of age has been collected without verifiable parental consent, Honda will take the appropriate steps to delete such information. To make such a request, please contact Honda by mail at American Honda Motor Co., Inc., ATTN: Powersports Customer Relations, 4900 Marconi Drive Alpharetta, GA 30005-8847 or by phone at 1-866-784-1870.
f. Changes to the Service and these Terms. To the extent permitted by law, Honda reserves the right, in its sole discretion, to modify the Service at any time, without notice to you. Honda also from time to time may change these Terms prospectively. If we do so, we will change the “last updated” date on these Terms and, where required by applicable law, provide you with appropriate notice. You agree that your continued use of the Service constitutes your agreement to the amended Terms. If you do not agree to any amended Terms, DO NOT USE THE SERVICE. You may not amend or modify these Terms except by way of an express writing signed by Honda.
g. Term. These Terms become effective immediately when you are granted access to the Service and shall remain in effect (and if amended, as amended) until your use of the Service is terminated in accordance with Section 21 below. IF YOU SELL OR OTHERWISE TRANSFER YOUR MOTORCYCLE, IF YOUR MOTORCYLE LEASE ENDS, OR IF YOUR MOTORCYCLE IS DESTROYED, YOU AGREE TO NOTIFY HONDA PROMPTLY. IF YOU DO NOT NOTIFY HONDA, YOU WILL REMAIN RESPONSIBLE FOR ALL ACTIVITIES ASSOCIATED WITH THE MOTORCYLE AND THE SERVICE.
h. Notifications; Notice; Questions. You agree that all notifications or notices required under these Terms may be provided to you by the email address you have provided to Honda, to the extent permitted by applicable law. All notifications are deemed given when Honda sends the email message (or, if a valid alternative method is used, whenever such message is sent by Honda). You also agree that Honda may contact you by telephone (including through automatic dialing technology, to the extent permitted by applicable law) at any number Honda has on file for you, including any cellular phone number you provide to us, even if doing so may result in additional telecommunications fees or charges to you, to discuss your account or to provide the Service. All notifications or notices required under these Terms to be provided to Honda and questions or comments that you have about these Terms or the Service may be sent to:
American Honda Motor Co., Inc.
ATTN: Powersports Customer Relations
4900 Marconi Drive Alpharetta, GA 30005-8847
and shall be deemed given when Honda receives them. Notifications or notices under these Terms to Honda require that an additional copy be sent to:
American Honda Motor Co., Inc.
700 Van Ness Avenue, Torrance, CA 90501
ATTN: General Counsel
Questions or comments also may be directed to 1-866-784-1870.
2. Privacy Notice. The Service may utilize information collected from you or your Mobile Device. The Honda Privacy Notices, which are incorporated into and made a part of these Terms by this reference, explain how Honda collects, maintains, uses, and discloses your personal information, including information provided by or collected from you or your Mobile Device when you use the Service. You can access the current American Honda Privacy Notice at https://www.honda.com/privacy/privacy-notice and the current American Honda Vehicle Data Privacy Notice at https://www.honda.com/privacy/connected-product-privacy-notice. You also may request a copy of the Honda Privacy Notices by writing or calling Honda at the mailing addresses or customer care telephone numbers provided in these Terms. By agreeing to these Terms (including downloading, installing, using, and providing information to or though the Service), you are accepting and agreeing to the Honda Privacy Notices, as each may be modified from time to time in accordance with its terms, including your consent to all actions taken by Honda with respect to your information in compliance with the Honda Privacy Notices. IF YOU TRANSFER YOUR MOTORCYCLE OR ANY MOBILE DEVICE THAT IS CONNECTED TO THE SERVICE, YOU ARE SOLELY RESPONSIBLE FOR DELETING INFORMATION ABOUT YOU CONTAINED IN YOUR MOBILE DEVICE OR IN YOUR RELATED ACCOUNT(S).
You acknowledge that when you download, install, or use the Mobile App or Service, Honda and third parties may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Service. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Mobile App or certain of its features or functionality. The Service may provide you with opportunities to share information about yourself with others. All information Honda collects through or in connection with the Service or the Mobile App is subject to the Honda Privacy Notices.
3. Registration. In order to access and use the Service, you may be required to provide us with your first name, last name, and email address, and to log in to your Apple or Google account depending on your type of Mobile Device. We also may request additional information from you. You represent and warrant to us that you will provide us with accurate, current, and complete registration information. You are responsible for your registration, and for all use of the Service using any user credentials or passwords issued to you or chosen by you. You will keep all such credentials and passwords confidential.
You understand that you can help prevent unauthorized access by logging out of the Service. You agree to notify Honda immediately at 1-866-784-1870 of any unauthorized use of your user credentials or passwords. Honda maintains the exclusive right to control access to the Service. You understand and agree that Honda reserves the right to revoke your registration at any time without notice or cause, for any reason whatsoever.
4. Representations about You. If you are at least eighteen (18) years of age, you represent that you have the capacity and authority to enter into these Terms and you are only entering into these Terms on your own behalf. If you are under eighteen (18) years of age, you represent that your parent or legal guardian has accepted these Terms on your behalf and that such parent or legal guardian has the capacity and authority to enter into these Terms. You represent and warrant to Honda that (a) your performance under these Terms and use of the Service will comply with all applicable laws, rules and regulations (including export control, privacy and obscenity laws), domestic or foreign; (b) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (c) that you are not listed on any U.S. Government list of prohibited or restricted parties.
5. Use of the Service. Subject to your compliance with all of the terms and conditions herein, you are permitted to use the Service solely for your own personal, non-commercial use. You are permitted to download, install, and use one copy of the Mobile App for your personal, non-commercial use. You agree that it is your responsibility to use the Service only when it is safe to do so and in a responsible manner, including abiding by all applicable laws, rules and regulations regarding the use of Service (e.g., any laws related to use of mobile devices when operating a vehicle). Without limiting the foregoing, it is your sole responsibility to exercise discretion and to observe all safety measures required by law, traffic rules, and traffic regulations while accessing or using the Service. You further agree that you will use the Service only with a Motorcycle that you are authorized to control, use, or operate.
You must not, and must not permit any third party to: (a) use the Service in any way that would violate the rights of any person; (b) impersonate any person or entity; (c) harvest or otherwise collect information about others from the Service; (d) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or services connected thereto); (e) use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Service, including any Honda Property (defined in Section 12 below); (f) distribute, rent, lease, lend, sell, license, assign, export, import, convey, or otherwise make available or grant rights in the Service, or any information or other content obtained therein, to any third party, except as expressly permitted herein; (g) otherwise interfere in any manner with the use or operation of the Service; or (h) use the Service for any commercial purpose, including in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, derivative of, or competitive with, the Service, or any other Honda product, software, or service.
You further must not, and must not permit any third party to: (i) modify or create any derivative work of the Mobile App; (ii) reverse engineer, decompile or disassemble the Mobile App, in whole or in part; (iii) make a copy (other than a backup copy) of the Mobile App or any part thereof (other than as expressly permitted herein); (iv) use or install the Mobile App on a network or for online use; (v) remove, modify or obscure any copyright, trademark, or other proprietary notice, author attributions, legal notices or other labels appearing within the Mobile App; or (vi) export or transport the Mobile App into any country in violation of any U.S. or other export laws and regulations.
6. Feedback. If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions, including any that are related to the Service or the Mobile App (collectively “Feedback”), the Feedback will be the sole property of Honda. We will be entitled to use, reproduce, modify, disclose, display, publish, perform, broadcast, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We have no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
7. Updates. Honda may from time to time in its sole discretion develop and provide updates to the Service or the Mobile App, which may include new versions, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Honda has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the Mobile App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Mobile App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Service and be subject to all of these terms unless they are subject to a different Honda license agreement. Honda reserves the right to discontinue the Service and to discontinue supporting the Mobile App or its network, in whole or in part.
8. Fees, Costs and Other Expenses. The Service makes use of a data network operated by your wireless or Internet service provider to send data among your Mobile Device, your Motorcycle, and Honda’s, our service providers’ and, if applicable, third-party services’, servers, and call centers. Depending on your data plan, you may incur charges from your wireless or Internet service provider for use of its network and/or for specific services such as transferring vehicle data to Honda, our service providers, and, if applicable, third-party services, making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs you incur as a result of your use of the Service.
9. Cloud Services. Without limiting the disclaimers and limitations of liability set forth in Section 13, you acknowledge and agree as follows: (a) the Service is provided to you using cloud computing services of one or more third party cloud providers; (b) the cost at which we could afford to offer the Service would vary if we provided the Service other than using the cloud services provided by the cloud providers; and (c) we shall not be responsible or liable to you for any act, omission or failure of any of these cloud providers.
10. Third-Party Services. The Service may depend upon, interact with, or enable access to third-party services to connect to information, other content, services, websites, or hardware, including your Mobile Device, the network provided by your wireless or Internet service provider, your browser, email and SMS programs, dialer and other applications, which may in each case be accompanied by separate terms of use. Use of a third-party service may require that you accept additional terms of use. You must comply with the applicable terms of use when using the third-party service and the Service. Honda cannot assure you that these third-party services will function correctly with the Service, either now or at some future time. Honda does not endorse, and hereby disclaims all liability or responsibility to you or any other person for any of these third-party services.
11. Links and External Websites. The Service may contain links to and from websites. Honda makes no representations whatsoever about any other website that you may access from the Service. Honda is not responsible for the privacy practices or content of those websites and Honda expressly denies any liability whatsoever for use of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.
12. Our Intellectual Property Rights. The Service (including Honda Property, as defined below) is the property of, or is licensed by, American Honda Motor Co., Inc. and is subject to copyright and other intellectual property protection. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content, and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via, the Service are “Honda Property.” Except as otherwise expressly permitted by these Terms, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Honda Property is prohibited. You acknowledge that Honda Property has been created, compiled, developed and maintained by or on behalf of Honda at great expense of time and money such that misappropriation or unauthorized disclosure or use of Honda Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of these Terms, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
The Honda name and logos are registered trademarks of Honda Motor Co., Ltd. You may not use the trademarks, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Service also may feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Honda Property solely to the extent necessary for you to use the Service for your own personal, non-commercial use, as permitted by these Terms. We reserve all other rights.
13. DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) ALL USES OF THE SERVICE, INCLUDING ITS QUALITY, PERFORMANCE, ACCURACY, AND RELIABILITY, ARE AT YOUR SOLE RISK; (b) THE SERVICE, INCLUDING ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND; AND (c) HONDA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, AND INFORMATION PROVIDED BY OR IN CONNECTION WITH THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS EXAMPLES, AND WITHOUT LIMITATION, HONDA DOES NOT GUARANTEE AND DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY OF DATA PROVIDED BY THE SERVICE, OUR AFFILIATES, OUR SERVICE PROVIDERS, OR BY OR THROUGH THIRD-PARTY SERVICES; HONDA DOES NOT GUARANTEE AGAINST LOSS OF DATA, WHICH MAY BE LOST AT ANY TIME; AND HONDA DOES NOT GUARANTEE THAT THE SERVICE WILL BE PROVIDED AT ALL TIMES OR THAT ANY OR ALL OF THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR AT YOUR LOCATION. FOR EXAMPLE, THE SERVICE MAY BE UNAVAILABLE IN YOUR AREA OR LOCATION. We may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. In addition, you understand that changes in third party technology or government regulation may render the Service obsolete or unusable. No advice or information, whether oral or written, obtained by you from Honda, our affiliates, our service providers, or through the Service or a third-party service will create any warranty.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HONDA OR OUR AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, OR INFORMATION ON THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HONDA OR OUR AFFILIATES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HONDA’S OR ANY OF OUR AFFILIATE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) ARISING OUT OF OR RELATING TO THESE TERMS AND YOUR USE OR POSSESSION OF THE SERVICE OR HONDA PROPERTY EXCEED THE AMOUNT OF TEN DOLLARS ($10.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You should contact Honda concerning any defects or performance issues in the Service or the Mobile App using the contact information provided below. We will make reasonable efforts to respond to questions relating to the Service and the Mobile App, but make no representation or warranty that we will resolve all questions or that questions will be answered within a given time. Honda shall be under no obligation to provide any other support or maintenance services for the Service or the Mobile App. The market or application store from where you downloaded the Mobile App has no responsibility to provide support and maintenance for the Mobile App or its installation, and all requests for any support and maintenance, and any complaints, with respect to the Service or the Mobile App should be addressed to American Honda Motor Co., Inc., ATTN: Powersports Customer Relations, 4900 Marconi Drive Alpharetta, GA 30005-8847 or by phone at 1-866-784-1870.
14. Indemnity. In consideration of Honda providing you access to and use of the Service, to the maximum extent permitted by applicable law, you agree to indemnify Honda, and our affiliates, service providers, agents and licensors, against any and all claims, actions, suits, proceedings, demands, liabilities, losses, damages, costs, expenses, and attorneys’ fees (“Liabilities”) arising out of or related to (a) your failure to comply with these Terms; (b) your access to, use of, failure to use, or inability to use the Service; (c) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly to your use of the Service; (d) any activities of anyone other than you in connection with any services conducted through your account or with your user credentials or passwords; or (e) any of your other activities under or in connection with these Terms or the Service (but excluding any Liabilities to the extent caused by our gross negligence or willful misconduct). We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.
15. Dispute Resolution and Arbitration
In the event of any dispute arising out of or relating to these Terms (including their interpretation, validity, performance, or breach) (a “Dispute”), the Dispute shall be resolved solely as follows. A party shall send a written notice to all affected parties describing the Dispute and any relief requested, including any specific damages claimed. In order to permit the affected parties to attempt to resolve the matter amicably, no arbitral or judicial proceeding may be commenced until the passage of sixty (60) days from the receipt of the written notice.
If the affected parties are unable to resolve the Dispute within the 60-day time period, any Dispute, other than a claim for wrongful death or personal injury, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Rules (information about the AAA and its rules is available at www.adr.org). In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. ss. 2, et seq. The obligation to arbitrate under this section shall extend to any claims against any affiliates, officers, directors, contractors, subcontractors, suppliers, agents, or employees of a party. This provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets.
To the maximum extent permitted by law, the prevailing party or parties shall be entitled to an award of all costs, expenses, and attorneys’ fees reasonably incurred in the successful prosecution or defense of any claim. However, if a claimant recovers less than the respondent’s highest written offer made before the commencement of arbitration, the respondent shall be deemed to be the prevailing party for this purpose. The arbitrator shall have authority to issue any and all remedies authorized by law, but the arbitrator shall have no authority to conduct proceedings on a class or aggregated basis without the written consent of all parties; provided, however, that in the event of the filing of over twenty five (25) arbitration claims against Honda or any of its affiliates, officers, directors, contractors, subcontractors, suppliers, agents, or employees raising substantially the same or similar Dispute, the AAA may at the request of such respondents appoint a single arbitrator or panel of arbitrators to resolve some or all common issues of law or fact.
Notwithstanding the foregoing, any party may at its option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction.
If at any time any party requests mediation, all affected parties shall participate in a mediation directly and not solely through counsel, the requesting party to bear the costs and fees of the mediator(s).
Without derogation of the parties’ obligation to arbitrate, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to a Dispute shall be vested exclusively in the state or federal courts sitting in and for Los Angeles County, California, U.S.A., except that any judgment thereof or any arbitral award may be enforced in any court of competent jurisdiction. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
If any part of this dispute resolution and arbitration provision is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this provision shall remain in effect, with the exception that if a court or arbitrator determines in an action between you and us that the above class action waiver is unenforceable, then this arbitration provision will be void as to you.
16. Governing Law; Jurisdiction. These Terms and use or operation of the Service are governed by the substantive laws of the State of California, U.S.A., without regard to its or any other jurisdiction’s conflict of laws principles that would apply another law. The United Nations Convention for the International Sale of Goods is hereby disclaimed.
17. Limited Third Party Beneficiaries. Honda’s licensors and its affiliates that are controlled by or under common control with Honda are intended third party beneficiaries of Sections 13 and 14, and all of Honda’s disclaimers and limitations of liability in these Terms.
18. Digital Millennium Copyright Act.
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material hosted by the Service, you may contact our Designated Agent at the following address:
American Honda Motor Co., Inc.
Attn: DMCA
1919 Torrance Boulevard
Torrance, CA 90501
Phone Number: 1-800-999-1009
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter Notices
If material that you have posted to the Service has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (i) a physical or electronic signature of the subscriber; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Honda may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
Repeat Infringers
It is our policy to terminate in appropriate circumstances the accounts of users that are repeat infringers or repeatedly violate these Terms.
19. Force Majeure. In no event will we be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside our reasonable control. Without limiting the foregoing, in the absence of our gross negligence or willful misconduct, we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with the Service.
20. Geography. We provide the Service for use only by persons located in the United States. The information provided in connection with the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Honda to any registration requirement within such jurisdiction or country. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
21. Suspension and Termination. You may terminate your use of the Service at any time. In order to discontinue sending information related to the Service to Honda, our service providers and, if applicable, any third-party services, you must delete your account through the Mobile App or by calling us at 1-866-784-1870. Neither discontinuing use of the Service, nor deleting the Mobile App from your Mobile Device, is sufficient to stop information from being sent to Honda, our service providers and, if applicable, third-party services. If you have questions about how to delete your account, please contact us at 1-866-784-1870.
We reserve the right to suspend your account or access to the Service at any time if we believe you are in breach of these Terms. We reserve the right to terminate these Terms or to cease to offer the Service at any time for any reason or no reason on written notice to you (including by e-mail or by posting on the Mobile Device).
If your account is terminated for any reason or no reason, you agree: (a) to immediately stop using the Service and to delete and purge the Mobile App from your Mobile Device; (b) that the license and rights provided by us under these Terms shall end; and (c) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Service or for termination of access to your account.
Sections 1, 2, 4, 6, and 8 through 28, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination of these Terms.
22. Entire Agreement. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between Honda and you regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
23. Assignment. Your registration, these Terms and your rights and obligations hereunder are not assignable, sublicensable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, sublicense, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate these Terms (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. These Terms will be binding upon and inure to the benefit of the parties’ successors and permitted assigns.
24. Electronic Assent. These Terms may be executed electronically, and your electronic assent or use of the Service shall constitute execution of these Terms. You agree that the electronic text of these Terms constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
25. Waiver. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.
26. Interpretation of Terms. Except as otherwise expressly provided herein, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of these Terms.
27. U.S. Government Users. The Mobile App and the Service are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Mobile App and the Service as are granted to all other end users under these Terms, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
28. Terms Applicable if Accessing the Mobile App Through an Apple Device. If you are accessing or using the Mobile App through an Apple device, the following additional terms are applicable to you and are incorporated into these Terms by this reference:
(a) To the extent that you are accessing the Mobile App through an Apple device, you acknowledge that these Terms are entered into between you and Honda, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as third party beneficiary as contemplated by Section 28(i) of these Terms below. You acknowledge that Honda, and not Apple, is responsible for providing the Mobile App and content thereof.
(b) The license to the Mobile App granted in Section 5 of these Terms is further limited to installing and using the Mobile App only on an iPhone or iPad that you own or control and as permitted by the Usage Rules set forth in the Mobile App Store Terms of Service (see www.apple.com/legal/itunes/us/terms.html). For purposes of clarity, the license granted to you in Section 5 of these Terms is non-transferable.
(c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Mobile App. To the extent that there are any such maintenance or support obligations under applicable law or these Terms, Honda is solely responsible.
(d) In the event of any failure of the Mobile App to conform to any applicable warranty (none of which is granted under these Terms), you may notify Apple, and Apple will refund the purchase price for the Mobile App to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any after giving effect to the disclaimers of warranties and limitations of liability in these Terms) will be Honda’s sole responsibility.
(e) Notwithstanding anything to the contrary herein, and subject to these Terms, you acknowledge that, solely as between Apple and Honda, Honda, and not Apple, is responsible for addressing any claims you or any third party may have relating to the Mobile App, or your possession and/or use thereof, including: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit Honda’s liability to you beyond what is permitted by applicable law.
(f) You agree that in the event of a third party claim that the Mobile App or your possession and use of the Mobile App infringes on a third party’s intellectual property rights, Honda (and not Apple) will be solely responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(g) If you have any questions, complaints, or claims with respect to the Mobile App, they should be directed to American Honda Motor Co., Inc., ATTN: Powersports Customer Relations, 4900 Marconi Drive Alpharetta, GA 30005-8847 or by phone at 1-866-784-1870
(h) You agree to comply with applicable third party terms of agreement when using the Mobile App.
(i) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
All rights that are not expressly granted under these Terms are reserved by Honda.
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