Honda Civic Hatchback 2022 Termination And Transfer User Manual
Termination And Transfer
- Termination: This AGREEMENT is effective until terminated by you or US. We may terminate this AGREEMENT for any or no reason, and with or without notice to you. Your rights under this AGREEMENT will terminate automatically without notice from US if you fail to comply with any term of this AGREEMENT. Upon termination of this AGREEMENT, you shall cease all use of the SOFTWARE and SERVICES.
- Transfer: You may permanently transfer your rights under this AGREEMENT only as part of a sale or transfer of the VEHICLE, provided you retain no copies, you transfer all of the SOFTWARE and HONDA SERVICES (including all component parts, the media, and printed materials, and any upgrades), and the recipient agrees to the terms of this AGREEMENT. You agree to notify HONDA upon the sale or transfer of the VEHICLE. To contact HONDA, please refer to the HONDA contact information provided in the document.
Changes to the SOFTWARE or SERVICES. We may change, modify, or update the SOFTWARE or SERVICES from time to time. Unless explicitly stated otherwise, any new features or services that augment or enhance the SOFTWARE or SERVICES in the future shall respectively be considered part of the SOFTWARE or SERVICES and subject to this AGREEMENT. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, the SOFTWARE or SERVICES (or any portion thereof), with or without notice to you, and you agree that HONDA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SOFTWARE or SERVICES.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
Arbitration is a method of resolving a claim, dispute or controversy without filing a lawsuit. By agreeing to arbitrate, the right to go to court is waived and instead claims, disputes or controversies are submitted to binding arbitration. This provision sets forth the terms and conditions of our agreement. YOU and HONDA agree and acknowledge that this Agreement affects interstate commerce and the Federal Arbitration Act (“FAA”) applies. By using the Software, Vehicle, or Services, YOU elect to have disputes resolved by arbitration. YOU, HONDA or any involved third party may pursue a Claim. “Claim” means any dispute between YOU, HONDA, or any involved third party relating to your use of the Software, the Vehicle, or the Services, this Agreement, or our relationship, including any representations, omissions or warranties. “Claim” does not include personal injury or wrongful death claims. YOU or HONDA may seek remedies in small claims court or provisional judicial remedies without arbitrating. In addition, notwithstanding anything herein to the contrary, YOU or HONDA may seek equitable relief in a court of competent jurisdiction. YOU or HONDA may select arbitration with American Arbitration Association, JAMS or National Arbitration and Mediation. Contact these sponsors for their rules. The hearing will be in the federal district where YOU reside. If agreed, it may be by telephone or written submissions. Filing and arbitrator fees to be paid per the sponsor rules. You may contact the sponsor for a fee waiver. If no fee waivers, HONDA will pay filing and arbitrator fees up to $5,000, unless the law requires more. Each party is responsible for other fees. The arbitrator may award costs or fees to the prevailing party, if permitted by law. HONDA will not seek fees unless the claims are frivolous. The arbitrator shall be an attorney or current or retired judge familiar with automotive or consumer software. The arbitrator shall follow substantive law, and statute of limitations and decide all issues relating to the interpretation, construction, enforceability and applicability of this provision. The arbitrator may order relief permitted by law. This provision is governed and enforceable by the FAA. An award shall include a written opinion and be final, subject to appeal by the FAA.
This provision survives termination of this Agreement or relationship, bankruptcy, assignment or transfer. If part of this provision is unenforceable, the remainder remains in effect. If unenforceability allows arbitration as a class action, then this provision is entirely unenforceable. YOU may opt out within 30 days of your initial use of the Software by sending a signed, written notice to HONDA at Honda Financial Services, P.O. Box 165007, Irving, TX 75016. HONDA reserves the right to make changes to this provision after providing written notice and an opportunity to opt-out.
You may not assign this AGREEMENT without HONDA’s prior written consent. This AGREEMENT and any additional HONDA TERMS and PROVIDER TERMS represent the entire agreement between you and US. HONDA may amend the terms of this AGREEMENT by providing you with notices of such updated terms. If you do not consent to be bound by the updated terms, your sole remedy will be to cease using the SOFTWARE and SERVICES. If any part of this AGREEMENT is found invalid, void, or unenforceable, the balance of the AGREEMENT will remain valid and enforceable according to its terms. To the fullest extent permitted by law, and except as explicitly provided otherwise, this AGREEMENT and any disputes arising out of or relating to it will be governed by the laws of the State of California, except that California laws concerning choice of law or conflicts shall not apply if they would cause the substantive law of another jurisdiction to apply. Notwithstanding the foregoing, Section M shall be governed by the Federal Arbitration Act and the laws of the State of California, as applicable, as set forth therein. The failure to enforce any term of this AGREEMENT on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
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