Effective as of September 6, 2017
Welcome to NissanConnect Services powered by SiriusXM (referred to hereafter as the "NissanConnect Services" or the "Services"). These Terms and Conditions, together with the NissanConnect Services Privacy Policy available here (collectively, these "Terms" or this "Agreement"), apply to your use of the connected vehicle services provided to you by Nissan Canada Inc. ("Nissan") and SXM CVS Canada Inc. and Sirius XM Connected Vehicle Services Inc. (together, "Sirius XM") when you accept activation of Demonstration Mode (as defined below) or enter into a trial or paid subscription for the Services (each a "Service Plan").
IF YOU DO NOT ACCEPT THESE TERMS, PLEASE CONTACT US IMMEDIATELY AT 844-711-8200 TO DEACTIVATE THE SERVICES. A STATEMENT CONTAINING YOUR CANCELLATION RIGHTS IS INCLUDED IN SECTION 16H OF THIS AGREEMENT.
These Terms are the agreement between us and you regarding our provision of NissanConnect Services. As used in these Terms, the terms "you" and "your" shall refer to, and these Terms shall be binding upon, any person or entity who has purchased or leased a Vehicle (as defined below) equipped with, or who uses your Vehicle or the Services as a driver or occupant (e.g., other drivers, passengers) and/or who has activated the Services pursuant to this Agreement. As used in this Agreement, the terms "we," "us," and "our" shall refer collectively to the following persons/entities, (i) Nissan and its affiliates, parent company, successors and assigns and Nissan dealers in Canada; (ii) Sirius XM and its parent company, Sirius XM Radio Inc., any subsidiary of its parent company, successors and assigns; and (iii) the employees, directors, officers, subcontractors, representatives and agents of each of them.
PLEASE READ ALL PAGES OF THESE TERMS CAREFULLY BEFORE USING ANY FEATURE OF THE SERVICES. BY RECEIVING, USING, ACCEPTING OR OTHERWISE ACCESSING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS EVEN IF YOU HAVE NOT SIGNED THIS AGREEMENT UNLESS OTHERWISE STATED BY LAW. IF YOU DO NOT CONTACT US TO DEACTIVATE THE SERVICES WITHIN TEN (10) DAYS OF PURCHASE OR LEASE OF YOUR NEW VEHICLE, OR IF YOU DO NOT OTHERWISE CANCEL YOUR SUBSCRIPTION, IT WILL MEAN THAT YOU ACCEPT THESE TERMS WHICH WILL BE LEGALLY BINDING, UNLESS OTHERWISE STATED BY LAW.
AFTER THE EXPIRATION OF THE INITIAL SUBSCRIPTION PERIOD, INCLUDING A TRIAL PERIOD, IF ANY, YOU MUST PURCHASE A PAID SUBSCRIPTION IN ORDER TO CONTINUE THE SERVICES. You may choose a paid Service Plan charged to you month to month, or you may elect a longer fixed term subscription with automatic renewal for successive prepaid periods of the same length where available or as allowed by law. If you choose the automatic renewal option, prior to the expiration of each paid subscription period, you will receive a notice of renewal. Your subscription will then automatically renew as of the expiration date for each renewal for successive prepaid periods of the same length (or such length as allowed by law) ("Renewal Service Periods") and your credit card on file will be charged the rate for the successive Renewal Service Period, plus taxes and other charges, unless and until you change your Service Plan or your subscription is cancelled by you or by us according to these Terms. If you elect a Service Plan of indefinite length with month by month billing, your account will be billed, and your credit card on file will be charged each month at the monthly subscription rate according to your Service Plan, plus taxes and other charges unless and until you change your Service Plan or your subscription is cancelled by you or by us as allowed by these Terms. In order to cancel, you must call NissanConnect Services toll-free at 844-711-8200.
READ AND KEEP A COPY OF ANY ADDITIONAL NISSANCONNECT SERVICES DOCUMENTS GIVEN OR SENT TO YOU.
[DOES NOT APPLY IN QUEBEC] ANY NISSANCONNECT SERVICES DOCUMENTS (REGARDLESS OF WHETHER THEY STATE THEY BECOME PART OF THIS AGREEMENT) ARE AUTOMATICALLY DEEMED A PART OF THIS AGREEMENT IF YOU ACCEPT ANY OF THE SERVICES SUCH DOCUMENTS DESCRIBE.
By accepting this Agreement and using the Services you acknowledge that you have reached 18 years old, or the age of majority, as determined by the laws of your province or territory of residency, to assume the obligations set forth in this Agreement. You are solely responsible for the use of the Services in your Vehicle, even if you are not the one using it, and even if you later claim the use was not authorized. Except where prohibited by law, you are also solely responsible for the services requested by you, or by anyone using your Vehicle, through NissanConnect Services. IF YOU OR ANYONE USING YOUR VEHICLE DISABLES DATA TRANSMISSION FROM YOUR VEHICLE, CERTAIN OF YOUR SERVICES WILL ALSO BE DISABLED.
To receive the Services, your Nissan vehicle ("Vehicle") must come with an authorized NissanConnect Services System (the "System"), which is the equipment, including hardware and software, used to provide the Services to your Vehicle. Nissan or Sirius XM may interact with and/or engage one or more additional third party providers as necessary to provide the Services. Those third party providers include any person, company, or entity who provides any service, equipment, or facilities in connection with the Services or the System, including, but not limited to, wireless service providers, underlying wireless carriers, suppliers, licensors, public safety answering points, emergency responders and other service providers (such as police, fire and ambulance), towing companies, automakers, distributors and dealers. Such third party providers are referred to in this Agreement as "Service Providers". You will be responsible for paying directly to all Service Providers other than Sirius XM any charges for services that are furnished by them unless such services are expressly covered by your Service Plan.
Sirius XM may receive and respond to your requests for the Services through an automated operator or through specially trained personnel known as "Response Agents". Response Agents link you or your Vehicle to other Service Providers such as the police, fire department, ambulance service, or roadside assistance. The Response Agents will use reasonable efforts to contact appropriate Service Providers for help when you ask for it or when the System in your Vehicle signals for it, but it cannot be promised that any Service Providers will respond in a timely manner or at all. The laws in some places require an emergency to be confirmed before emergency Service Providers will provide service. We will not contact emergency Service Providers in these locations in response to an emergency button press ("SOS Button") if we cannot hear your request for assistance or otherwise confirm that an emergency exists. We also may not contact emergency Service Providers in any location in response to SOS Button presses from cars situated in locations which reasonably indicate that an emergency is unlikely, such as car dealerships, rental car companies, car washes or your address if we cannot hear your request for assistance. We will assume an emergency exists if our centre receives a collision notification signal from your Vehicle.
If your new Vehicle is equipped with a System, upon your purchase or lease of the Vehicle, a limited set of demonstration features will be active in your Vehicle (the "Demonstration Mode") until your purchase of the Vehicle is processed into our system. Services that may be operational while the Vehicle isin Demonstration Mode include Automatic Collision Notification (ACN), Emergency Call (E-Call), Connected Search, In-Vehicle Messaging, and Roadside Assistance Services. Vehicle data, including the Vehicle's location, may be collected and used by these features, if you request the Services. To deactivate the Demonstration Mode services, please contact us at the phone number above. THE SERVICES WILL BECOME INACTIVE AUTOMATICALLY WHEN THE DEMONSTRATION MODE TERMINATES IF YOU DO NOT SUBSCRIBE TO A SERVICE PLAN. To continue access to these features or to access the full suite of the Services after the Demonstration Mode ends, you will need to subscribe to a Complimentary Trial or purchase a Service Plan as described below.
Your Vehicle may come with eligibility for one or more trial subscriptions of NissanConnect Services Select, Premium and Premium Plus packages (each a "Complimentary Trial"), effective for a limited time period commencing on the original date of purchase or lease of a new Vehicle. Please see your dealer for information regarding eligibility and duration of your Complimentary Trials. IN ORDER TO ACTIVATE YOUR COMPLIMENTARY TRIAL SUBSCRIPTION, YOU MUST ACCEPT THESE TERMS. After the period of eligibility for each Complimentary Trial expires, in order to receive the Services, you will need to purchase a Service Plan and place a valid credit card account number on file with us. If you select a Service Plan with monthly billing, this Agreement will continue indefinitely unless canceled according to these Terms. IF WE HAVE A VALID FORM OF PAYMENT ON FILE FOR YOU, THEN YOUR NISSANCONNECT SERVICES SERVICE PLAN WILL CONTINUE TO RENEW AUTOMATICALLY FOR SUBSEQUENT PERIODS AT THE SELECTED RENEWAL INTERVAL, UNLESS AND UNTIL IT IS CHANGED OR CANCELED AS ALLOWED UNDER THIS AGREEMENT. Premium and Premium Plus packages of the Services each require a concurrent active subscription in the underlying Select package.
You can cancel or change your Service Plan at any time subject to the conditions set forth herein by contacting the customer care centre at at 844-711-8200 . The effective date of cancellation will be the date that you call us. DISABLING DATA TRANSMISSION FROM THE SYSTEM DOES NOT CANCEL YOUR SUBSCRIPTION. UNLESS YOU NOTIFY US AS INDICATED IN THIS AGREEMENT, YOUR SUBSCRIPTION WILL REMAIN ACTIVE IN ACCORDANCE WITH THESE TERMS.
You may cancel your fixed-term prepaid Service Plan within the first thirty (30) days of the start date of the initial prepaid Service Plan or any Renewal Service Period for a full refund for that initial or Renewal Service Period, respectively. After the first thirty (30) days, if you cancel your prepaid Service Plan prior to its expiration, you will receive a refund of amounts you paid directly, if any, on a pro-rata basis less any applicable fees, unless provided otherwise in any offer for the Service Plan that you accept. IF YOU ARE SUBSCRIBED TO AN INDEFINITE SERVICE PLAN WITH MONTH TO MONTH BILLING, WE WILL NOT PROVIDE A REFUND FOR THE REMAINING TIME IN THE MONTH YOU HAVE CURRENTLY PRE-PAID. Except as stated herein, we will refund to you on a pro-rata basis any service fees prepaid by you (excluding any amounts included in the purchase or lease price of your Vehicle) for any days remaining in the Service Period or Renewal Service Period, which follow the first of the date (i) you called to request cancellation, (ii) our receipt of written proof of a Vehicle Disposal Event concerning your Vehicle, after the date of occurrence of such event, or (iii) your Vehicle is removed completely from the Canada NissanConnect Portal. Fees attributable to certain promotional offerings or Services received during demonstration or trial subscription periods may not be refunded.
In the event of a Vehicle Disposal Event that pre-dates the effective date of your cancellation, you may apply for a refund adjustment. You will be asked to provide written proof of the sale, lease expiration or destruction of your Vehicle. Our decision to apply a refund adjustment is entirely up to us. Should we issue a refund, we may apply the refund to any new order you place or to the valid payment card on your account that was originally used to purchase the Subscription package. Or alternatively, we may issue a cheque and mail it to the address you have provided to us on your account.
IN THE UNLIKELY EVENT THAT WE CEASE PROVIDING NISSANCONNECT SERVICES, WHETHER AS A RESULT OF A LIQUIDATION, BANKRUPTCY, OR OTHERWISE, ALL PREPAID SUBSCRIPTIONS WILL BE TREATED AS NONREFUNDABLE.
We reserve the right to cancel your Services at any time for any reason in our sole discretion. If we cancel your Services without cause, we will give you notice thirty (30) days prior to the effective date of cancellation after which your account will be deactivated and your Services will terminate. We may also terminate your access to the Services without prior notice if your Vehicle, the System, or other equipment attached to your Vehicle operates in a manner that creates a nuisance to us or any Service Provider. In any of these cases, we will refund any amount remaining in your subscription for the Services that you have paid in advance except for any payment that was included in the purchase or lease price of your Vehicle. We will not provide any refund for the System.
We may cancel your Services without prior notice to you if we have received information that establishes you are no longer the owner/lessee of your Vehicle and, in such case, we will not refund any prepaid amounts to you unless you notify us as provided in Section 2C above. We may also cancel your Services without prior notice to you for any good cause, including but not limited to: (i) if you breach any part of this Agreement; (ii) if you do not pay amounts that are due, interfere with our efforts to provide service, or interfere with our business; or (iii) if you are using the Services or wireless phone number is used for illegal or improper purposes. If your access to the Services is terminated for good cause, we will not refund prepaid or unused portions of your services fees. You do not have the right to have the Services reactivated, even if you cure any of these problems. It is entirely up to us to allow you to have access to the Services again.
We may suspend your Services for any of the same reasons we may cancel them. We can also suspend the Services for network or system maintenance or improvement; if there is network congestion; or if we suspect the Services are being used for any purpose that would allow us to cancel service.
After your trial subscription period has expired and if you have subscribed to a paid Service Plan, we will charge your account for the applicable service fees associated with the Renewal or billing periods of your Service Plan, as set forth above. By providing your credit card account information to us, you represent that you are an authorized user of such account. If you select month to month billing and the purchase of your Paid Package falls on the 29th, 30th or 31st of the calendar month, your subscription renewal date will be reset to the first of the subsequent month and a one-time proration for the date adjustment will be added to the charge for the first month. UNLESS YOUR SERVICE IS CANCELLED BY YOU OR US AS ALLOWED BY THIS AGREEMENT, AT EACH RENEWAL DATE, WE'LL AUTOMATICALLY CHARGE THE THEN CURRENT RATE FOR THE RENEWAL OR BILLING INTERVAL YOU HAVE SELECTED PLUS APPLICABLE TAXES AND OTHER CHARGES TO THE PAYMENT CARD ACCOUNT YOU PROVIDED. The price of your Service Plan may change over time. You will be charged the rates in effect at the time of renewal for the applicable payment period for those charges or as indicated otherwise by your Service Plan. WE MAY RECEIVE AND USE UPDATED CREDIT CARD INFORMATION FROM YOUR CREDIT CARD ISSUER. Your credit card issuer may give you the right to opt out of the update service.
Payment must be made in Canadian Dollars and is due in full and in advance. Undisputed portions of your account must be paid by the due date to avoid possible deactivation of the Service. If your credit or debit card provider refuses a charge or an automated withdrawal, we may terminate or suspend your service. If you object to any fees or charges for services billed by or through us, you must tell us in writing within 60 days after the fee or charge is incurred (unless the law does not allow a limit or requires a longer period), OR, EXCEPT IF YOU ARE RESIDING IN QUEBEC, YOU WILL AUTOMATICALLY WAIVE THE DISPUTE.
You promise to pay all taxes, fees, and surcharges charged to you by us. Except if you are residing in Quebec, we may not tell you in advance of changes to these items. We may charge additional fees related to our costs (or the costs of our Service Providers). These can include but are not limited to, items such as telecommunications regulatory fees, telecommunication contributions such as 911-related assessments or charges, false alarm fines and/or alarm permit fees, and other charges related to governmental costs, which may change from time to time.
The Services are not transferrable to another Vehicle or another person. You may cancel, change or reactivate your Service Plan as allowed under these terms. However, we will only accept such requests from you or an authorized user of legal age listed on your account (or from someone we believe is your authorized agent). If we do any of these things at your or your representative's request, you agree to pay the charges associated with the requests.
EXCEPT IF YOU ARE A RESIDENT OF QUEBEC, WE RESERVE THE RIGHT TO CHANGE CERTAIN TERMS OF THIS AGREEMENT AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS ON THE SITE REFLECTING THE NEW EFFECTIVE DATE. This includes but is not limited to changing the prices or services provided. IF WE MAKE ANY MATERIAL CHANGES TO THIS AGREEMENT THAT, IN OUR SOLE JUDGMENT, WOULD HAVE AN ADVERSE EFFECT ON YOUR USE OF THE SERVICE, OR IF ANY SUCH CHANGE MATERIALLY AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT, OR RESULTS IN HIGHER FEES BEING CHARGED TO YOU BY NISSANCONNECT SERVICES, WE WILL PROVIDE YOU WITH NOTICE OF SUCH CHANGE, WHICH MAY INCLUDE NOTICE BY ELECTRONIC MAIL. We will notify you of any other changes in accordance with applicable law.
AFTER RECEIVING NOTICE OF A CHANGE THAT MATERIALLY AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT, NEGATIVELY IMPACTS YOUR NISSANCONNECT SERVICES IN A MATERIAL WAY, OR RESULTS IN HIGHER FEES BEING CHARGED TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION OR AGREE TO THE CHANGE, UNLESS OTHERWISE INDICATED BY LAW. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION WITHIN THIRTY (30) DAYS OF THE DATE YOU RECEIVE NOTICE OR THE DATE INDICATED ON THE NOTICE, WHICHEVER IS LATER, THEN YOU WILL BE AGREEING TO THE CHANGE AND IT WILL AUTOMATICALLY BECOME PART OF THIS AGREEMENT.
IF YOU ARE A RESIDENT OF QUEBEC, WE MAY CHANGE THE FOLLOWING PROVISIONS OF THIS AGREEMENT PERIODICALLY WITHOUT YOUR CONSENT: PREMIUM OR PREMIUM PLUS LEVEL SUBSCRIPTION FEATURES MAY BE ADDED OR DELETED, SELECT LEVEL FEATURES MAY BE ADDED, ELIGIBILITY FOR TRIAL SUBSCRIPTIONS MAY BE EXTENDED, OR SERVICE PLAN SUBSCRIPTION FEES MAY CHANGE. YOU WILL BE GIVEN AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF EACH CHANGE SENT TO THE EMAIL OR PHYSICAL ADDRESS SHOWN IN YOUR RECORDS, SETTING FORTH THE NEW PROVISION, THE DATE OF THE COMING INTO FORCE OF THE NEW PROVISION AND YOUR RIGHT TO REFUSE THE CHANGE AND TO RESCIND THIS AGREEMENT WITHOUT COST, PENALTY OR CANCELLATION INDEMNITY BY SENDING US A NOTICE TO THAT EFFECT NO LATER THAN THIRTY (30) DAYS AFTER THE CHANGE COMES INTO FORCE, IF THE AMENDMENT ENTAILS AN INCREASE IN YOUR OBLIGATIONS OR A REDUCTION IN OUR OBLIGATIONS.
YOU SHOULD FREQUENTLY REVIEW THIS AGREEMENT (INCLUDING THE EFFECTIVE DATE) AND APPLICABLE POLICIES FROM TIME TO TIME TO UNDERSTAND THE TERMS THAT APPLY TO YOUR USE OF THE SERVICE. In the event of any potential conflict between this Agreement and the terms of any offer for the Services, this Agreement will govern. You can obtain a copy of the Terms in effect at the time, online here or by calling us toll-free at 844-711-8200.
The Services and System are intended for personal use only and not for commercial use. Neither Nissan nor Sirius XM is responsible for any loss or damages as a result of your reliance on the Services for business-related purposes. The Services may not be transferred or resold. You are responsible for your compliance with all regulations, ordinances and other laws applicable to your Vehicle. You promise to use NissanConnect Services emergency and roadside services only for actual emergencies and roadside assistance needs. You promise not to use the Services for any fraudulent, unlawful, or abusive purpose, or that interferes with our provision of services to you or to our other customers. You promise you will not abuse or do anything to damage our business operations, services, reputation, employees or facilities. If you do any of these things, you agree you will be responsible for any costs, losses, damages or other amounts anyone else claims from us, plus any expenses, any of which result in whole or in part from that use, misuse, or your actions or omissions.
Certain information you receive through the use of the Services belongs to us or third parties who provide it through us. It may be covered by one or more copyrights, trademarks, service marks, patents, or other legal protections. You promise not to use any content you access through the Services except as expressly authorized by us. You cannot resell any of it or use it for commercial purposes. You cannot copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it.
You promise to educate and inform all users and occupants of your Vehicle about the Services and System features and limitations, the Terms of this Agreement, and the NissanConnect Services Privacy Policy.
Neither we nor any Service Provider has any obligation to inquire about the authority of anyone using your Vehicle.
When we receive an emergency signal from your Vehicle, we will first attempt to verify your emergency, and then, if appropriate, contact third party emergency responders to respond to your emergency. You understand and agree that we cannot assure you, or make any guarantees, about the manner or timeliness of such third party response or even whether third party emergency responders will in fact respond to your emergency at all or in a timely manner.
If your Vehicle is stolen, we can try to locate it. Before we try to locate it, you'll need to file a stolen vehicle police report with the local authorities and be able to verify your identity to us. We will provide location information about stolen vehicles only to the police. We will not provide stolen vehicle location service for your Vehicle to an unauthorized third party, which means anyone other than you or an authorized user of legal age listed on your account, a government entity pursuant to a valid court order or other official governmental action, or one of Nissan's affiliates in connection with the leasing or financing of your Vehicle. We cannot guarantee that we will find your Vehicle. We are not required to try to find your Vehicle for the purpose of locating a person.
If you lease or finance your Vehicle through Nissan or one of its affiliates, and you breach any of the terms of the agreements governing such lease or finance, we may use the Services to locate you or your Vehicle for the purpose of communicating with you and/or recovering your Vehicle. YOU EXPRESSLY CONSENT TO OUR USE OF NISSANCONNECT SERVICES IN THIS MANNER.
If your Vehicle is equipped for drive alert features and Parked Car Finder, and you are subscribed to a Service Plan that includes these features, you understand that your choice to activate any of these features allows us to remotely monitor information about your Vehicle's location, speed if applicable, and other conditions, even if someone other than you is driving or occupying your Vehicle. You agree to inform other users and occupants of your Vehicle about the Services, the ability to collect vehicle and location information, and System features and limitations. These features may require you to establish and use a PIN each time one of them is accessed, and are limited to activation by web or mobile app.
If your Vehicle is equipped with these features and you are subscribed to a Service Plan that includes remote services, WE WILL PROVIDE ASSISTANCE TO ANYONE WHO CAN PROVIDE US WITH YOUR PASSWORD/PIN OR OTHER SATISFACTORY IDENTIFIER OF YOUR ACCOUNT. It is your responsibility to use any of the Remote Services only when it is safe to do so and in accordance with local regulation, ordinance or other law applicable to the location of your Vehicle at the time the Service is activated. If Remote Door Unlock is unsuccessful, we may contact roadside assistance or emergency Service Providers to help you at your request.
If your Vehicle is equipped with this feature, Vehicle health data, which includes mileage, is transmitted to us by your Vehicle and shared by Nissan with its Service Providers to provide you with notices and reports. This service is a courtesy for your convenience only, and you are responsible for servicing and maintaining your Vehicle in accordance with the schedule published in the owners' manual.
NissanConnect Services involve software to provide the Services that we may need to change from time to time. You agree that we may do this remotely without notifying you in advance. Such changes may affect or erase data you have stored on the System in your Vehicle. We are not responsible for any lost data. You do not own the NissanConnect Services software or acquire any rights to use, modify, or reverse engineer the NissanConnect Services software on your own. Your Vehicle's systems also involve software that Nissan may need to change from time to time. You agree that we may assist Nissan to do this remotely without advance notice to you.
The System functions using digital wireless telecommunications technology dependent on one of a 2G, 3G or 4G LTE wireless network, all of which are outside of our control. If the wireless Service Provider ceases to support either partially or completely the network with which the System in your Vehicle is compatible, your ability to receive the Services will be reduced or terminated, respectively. Neither Nissan nor Sirius XM is responsible for the provision of your continued access to the Services in light of cellular network limitation or termination nor any associated costs. Should the compatible network terminate, we may cancel your service and issue a refund for any remaining unused time in your Service Plan that you have paid in advance, if applicable. If that happens, we will notify you of the effective date of cancellation.
You have no rights in the wireless phone number assigned to the System in your Vehicle. We can change the number at any time. As a condition to providing wireless service, the wireless service carrier requires that you agree to the terms in this section. You agree that you have no contractual relationship whatsoever with the wireless carrier. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT THE WIRELESS CARRIER HAS NO LEGAL OR EQUITABLE LIABILITY OR OTHER LIABILITY OF ANY KIND TO YOU, HOWSOEVER RESULTING OR CAUSED, DIRECTLY OR INDIRECTLY, WHETHER OR NOT BASED IN TORT, BREACH OF CONTRACT AND WHETHER AT LAW OR IN EQUITY, INCLUDING INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, LOSS OF BUSINESS OR GOODWILL, REVENUE OR PROFITS, OR CLAIMS OF PERSONAL INJURIES OR VEHICULAR DAMAGES, AND WHETHER OR NOT DUE IN WHOLE OR IN PART TO OUR OWN NEGLIGENCE OR THAT OF THE UNDERLYING WIRELESS SERVICE CARRIER.. YOU UNDERSTAND THAT THE UNDERLYING CARRIER DOES NOT GUARANTEE ANY END USER UNINTERRUPTED SERVICE OR COVERAGE. THE UNDERLYING CARRIER DOES NOT WARRANT THAT YOU OR YOUR VEHICLE CAN OR WILL BE LOCATED USING THE SERVICE. TO THE FULL EXTENT ALLOWED BY LAW, YOU RELEASE, INDEMNIFY AND HOLD THE UNDERLYING CARRIER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SERVICES PROVIDED BY THE UNDERLYING CARRIER OR ANY PERSON'S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE UNDERLYING WIRELESS SERVICE CARRIER.
For the purposes of this Article 10, "we", "us" and "our" means Nissan and Sirius XM. In providing the Services to you, we may collect and retain an electronic or other record of certain information including: your name and contact information, your Vehicle's description, location, speed, direction of travel, time of travel, service data, mechanical condition or incidents involving your Vehicle, your search content, information about anyone making a NissanConnect Services call from your Vehicle or under your account; the date, time and duration of call and any Response Specialist notes written during a call. You agree that we may record or monitor your Vehicle's location or other information when (1) you or other occupants in your Vehicle request service; (2) your airbag deploys or a severe impact occurs; (3) your Vehicle is equipped to provide Stolen Vehicle Location and you report your Vehicle as stolen; (4) instructed by a government entity pursuant to a valid court order; (5) required by applicable provincial and federal laws, rules and regulations; or (6) in connection with our attempts to communicate with you or recover your Vehicle pursuant to agreements governing the lease or financing of your Vehicle. Your Vehicle may also be equipped with one or more sensing or diagnostic modules capable of automatically retrieving, recording, transmitting, or storing certain vehicle data, including but not limited to trouble codes, tire pressure, battery voltage, coolant temperature, and service requirements. We use the information we collect from you and the occupants of your Vehicle to deliver the Services to you; manage your account; improve occupant and vehicle safety; conduct analysis and research; improve your Services experience at Nissan dealers; enhance your overall ownership experience; and for other purposes with your consent or as permitted or required by law. Unless you opt-out, we may also use your personal information to contact you about products, services, offers and promotions that may be of interest to you. We may share your information with third parties as necessary to provide the Services to you, including with roadside assistance providers, emergency service dispatchers and providers anyone you have designated as an emergency contact. We may share vehicle diagnostic information with Nissan dealers for the purposes of facilitating vehicle servicing. We may transfer personal information to Service Providers who perform services on our behalf as described in this Agreement. We may also disclose information to individuals designated by you to be contacted in an emergency. We and our Service Providers may be located inside or outside of Canada, including in the United States, where applicable laws may permit government and national security authorities to have access to personal information in certain circumstances. You agree we may release your information, including location data, when we are required to do so to comply with the law, in legal proceedings, to respond to subpoenas or court orders, in cooperation with law enforcement agencies, and to enforce the terms of this Agreement and any agreement related to the lease or financing of your Vehicle. We may also share your personal information with third parties in connection with the actual or proposed sale of all or part of our business or assets for the purposes of evaluating and or completing the transaction.
The NissanConnect Services Privacy Policy, along with the terms set forth herein, governs our collection, use, disclosure and protection of information we collect. We may change this policy at any time. You can access the current policy online here. We may establish a file containing your personal information, which will be maintained at our offices or on our servers and will be accessible by our authorized employees, representatives and agents who require access to perform their job functions. You may request access to or correction of your personal information, or request a copy of or send us inquiries regarding the current policy to: Nissan Canada Inc., Customer Information Centre, 5290 Orbitor Drive Mississauga, ON L4W 4Z5, Attention: NissanConnect Services Privacy Officer, or nissanconnectprivacy@nissancanada.com. You may also review, modify, correct, or update the personal information you provide to us at any time by accessing the NissanConnect Services online portal at https://Canada.NissanConnect.com.
We or our Service Providers may monitor and record conversations between our and their respective service centres and your Vehicle's occupants, as well as any conversations between our and their service centres and you or others contacting the service centres to discuss your account outside of the vehicle, and for purposes of quality assurance, service improvement and customer authorization. YOU CONSENT TO THE MONITORING AND RECORDING OF ALL CONVERSATIONS BETWEEN YOU AND THE SERVICE CENTRES, AND REPRESENT THAT YOU HAVE OBTAINED CONSENT FROM ALL OTHER DRIVERS AND/OR OCCUPANTS OF YOUR VEHICLE, AND ANYONE ENGAGED IN A CONVERSATION WITH A SERVICE PROVIDER ABOUT YOUR VEHICLE OR YOUR ACCOUNT, FOR THE MONITORING AND RECORDING OF ALL CONVERSATIONS BETWEEN THE SERVICE CENTRES AND SUCH PERSONS, FOR THE PURPOSES DESCRIBED ABOVE. YOU RELEASE US AND ANY THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT FROM ANY SUCH MONITORED AND/OR RECORDED CONVERSATIONS. Call recordings may be shared with third parties for the purposes of research and analysis to improve the Services. We may be legally required to provide call recordings, location data and other information obtained through the System or the Services to law enforcement agencies. YOU RELEASE US AND ANY THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING OUT OF THE COLLECTION AND/OR DISCLOSURE OF INFORMATION UNDER THE CIRCUMSTANCES SET FORTH IN THIS AGREEMENT.
YOU CONSENT, AND REPRESENT THAT YOU HAVE OBTAINED CONSENT FROM ALL OTHER DRIVERS AND/OR OCCUPANTS OF YOUR VEHICLE, TO WIRELESS COMMUNICATION BEING CONDUCTED IN YOUR VEHICLE TO ENABLE US AND OUR SERVICE PROVIDERS TO DELIVER THE SERVICES TO YOU OR OTHER DRIVERS OR OCCUPANTS IN YOUR VEHICLE. YOU ALSO CONSENT, AND REPRESENT THAT YOU HAVE OBTAINED CONSENT FROM ALL OTHER DRIVERS AND/OR OCCUPANTS OF YOUR VEHICLE, TO THE COLLECTION, RECORDING, USE AND DISCLOSURE OF THE INFORMATION DESCRIBED IN THIS AGREEMENT FOR THE PURPOSES DESCRIBED HEREIN. YOU RELEASE US AND OUR AFFILIATES, PARENT COMPANIES, SUCCESSORS AND ASSIGNS, AND ALL OF OUR EMPLOYEES, OFFICERS, DIRECTORS, SUBCONTRACTORS, REPRESENTATIVES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING OUT OF THE COLLECTION AND USE OF THIS INFORMATION. YOU AGREE THAT WE MAY CONTACT YOU IN YOUR VEHICLE BY VOICE CALL OR BY IN-VEHICLE MESSAGING, BY ELECTRONIC MAIL, OR BY TELEPHONE AT ANY NUMBER WE HAVE ON FILE FOR YOU, AND, IN SOME CIRCUMSTANCES, BY PRERECORDED MESSAGE, EVEN IF DOING SO MAY RESULT IN ADDITIONAL TELECOMMUNICATIONS FEES OR CHARGES TO YOU, TO DISCUSS YOUR ACCOUNT, OR TO DELIVER SERVICES. YOU MAY OPT-OUT OF RECEIVING PROMOTIONS FROM US ONLINE THROUGH THE PREFERENCES MANAGEMENT PAGE IN YOUR ACCOUNT ON THE CANADA NISSANCONNECT PORTAL OR BY FOLLOWING ANY UNSUBSCRIBE MECHANISMS PROVIDED TO YOU.
Warranties are special kinds of promises. Your Vehicle's limited warranty or hardware maker's limited warranty (if applicable) includes the NissanConnect Services equipment in your Vehicle, BUT DOES NOT COVER THE SERVICES OR THE WIRELESS SERVICE. In addition, we cannot promise uninterrupted or problem-free service, and cannot promise that the data or information provided to you will be error-free.
[DOES NOT APPLY IN QUEBEC] ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN "AS IS" BASIS. TO THE EXTENT PERMITED BY LAW WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES OR ABOUT ANY DATA OR INFORMATION OR SERVICES PROVIDED THROUGH IT INCLUDING, AMONG OTHER THINGS, NO WARRANTIES OF CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT TO THE EXTENT PERMITTED BY LAW.
[DOES NOT APPLY IN QUEBEC] YOU AND WE ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, WE EACH AGREE AS FOLLOWS:
THE ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER WE CONTACT FOR YOU OR YOUR VEHICLE, OR FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION.
(1) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR OR THE OCCUPANT'S OR YOUR VEHICLE'S USE OF THE NISSANCONNECT SERVICES SYSTEM OR NISSANCONNECT SERVICES, OR (2) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE NISSANCONNECT SERVICES SYSTEM.
TO YOU UNDER ANY CAUSE OF ACTION (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF PRIVACY, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO THE GREATER OF (I) $500 CDN OR (II) THE TOTAL AMOUNT PAID BY YOU FOR THE PORTION OF THE NISSANCONNECT SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS PRECEDING THE DATE YOUR CLAIM AROSE. YOU AGREE THAT NONE OF US -- NISSAN, SIRIUS XM, THE WIRELESS CARRIER NOR ANY SERVICE PROVIDER -- WOULD HAVE AGREED TO PROVIDE NISSANCONNECT SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY TO YOU OF US, NISSAN, SIRIUS XM AND THE WIRELESS CARRIER AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.
(1) PUNITIVE OR EXEMPLARY DAMAGES, (2) CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, OR (3) LEGAL FEES. YOU WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, ACTUAL, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT.
OF THIRTY (30) DAYS OR LESS. TO RECEIVE SERVICE CREDIT FOR LONGER INTERRUPTIONS, YOU MUST NOTIFY US WITHIN SIXTY (60) DAYS AFTER THE TIME WHEN THAT SERVICE INTERRUPTION STARTED. EXCEPT FOR ANY CREDITS PROVIDED VOLUNTARILY BY US AS DESCRIBED ABOVE, NO ONE IS LIABLE TO YOU FOR DROPPED CALLS OR INTERRUPTED SERVICE, OR FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER, OR ANY OTHER THINGS WE OR OUR SERVICE PROVIDERS ARE UNABLE TO CONTROL.
If another wireless service provider is involved in any problem (for example, because of roaming,) you also agree to any limitations of liability that it imposes on its customers.
YOU AGREE THAT NONE OF NISSAN, SIRIUS XM, OR ANY SERVICE PROVIDER WHO SENDS YOU DATA OR INFORMATION THROUGH THE SERVICES IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION.
NEITHER NISSAN NOR SIRIUS XM WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM YOUR USE OF THE SYSTEM OR THE SERVICES OR THE INSTALLATION, REPAIR OR MAINTENANCE OF THE SYSTEM. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NISSAN AND SIRIUS XM, AND OUR RESPECTIVE OFFICERS, EMPLOYEES AND AFFILIATED COMPANIES FROM AND AGAINST ANY AND ALL COSTS, EXPENSES, ACTS, ACTIONS OR CLAIMS, ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT, WHETHER BROUGHT BY YOU OR THIRD PARTIES.
even after this Agreement has ended. These limitations of liability apply not only to you, but to anyone using your Vehicle, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to the Services or the System.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU EXCUSE ANY NON-PERFORMANCE BY US OR ANY SERVICE PROVIDER CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY OR SERVICE SHORTAGE OR SERVICE OUTAGE, OR OTHER CAUSES BEYOND THE CONTROL OF NISSAN, SIRIUS XM, OR ANY SERVICE PROVIDER.
The Services are intended as a convenience. The payments you make for the Services are not related to the value of your Vehicle or any property in it, or the cost of any injury to or damages suffered by you or anyone else as a result of the operation of your Vehicle. We are not an insurance company. You promise you will obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks.
[DOES NOT APPLY IN QUEBEC] FOR YOURSELF AND FOR ANYONE ELSE CLAIMING UNDER YOU, YOU HEREBY RELEASE AND DISCHARGE NISSAN, SIRIUS XM, AND THE SERVICE PROVIDERS AND EACH OF THEIR PARENTS, AFFILIATES, AND SUBSIDIARIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES OF ANY OF THEM FROM AND AGAINST ALL HAZARDS COVERED BY YOUR INSURANCE. NO INSURANCE COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION AGAINST NISSAN, SIRIUS XM, OR THE SERVICE PROVIDERS.
YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR ANY AMOUNT ANYONE ELSE CLAIMS FROM NISSAN OR SIRIUS XM OR THE SERVICE PROVIDERS (OR THE PARENTS, AFFILIATES, AND SUBSIDIARIES OF EACH, OR THE RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES OF ANY OF THEM) PLUS ANY EXPENSES RESULTING FROM ANY CLAIM, DEMAND OR ACTION, REGARDLESS OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND, OR ACTION ALLEGING LOSS, COSTS, EXPENSES, DAMAGES, OR INJURIES (INCLUDING INJURIES RESULTING IN DEATH) ARISING OUT OF OR IN CONNECTION WITH (1) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT, WHETHER BROUGHT BY YOU, THE OCCUPANTS OF YOUR VEHICLE, YOUR EMPLOYEES, OR THIRD PARTIES, EVEN IF DUE TO THE NEGLIGENCE OF ANY OF NISSAN, SIRIUS XM, OR ANY OF THE SERVICE PROVIDERS; (2) THE USE OR POSSESSION OF DATA OR INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES; (3) CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING OUT OF OR RELATED IN ANY WAY DIRECTLY OR INDIRECTLY TO THIS AGREEMENT; OR (4) THE USE, FAILURE TO USE, OR INABILITY TO USE THE SERVICES, EXCEPT WHERE THE CLAIMS RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF NISSAN, SIRIUS XM OR ANY OTHER SERVICE PROVIDERS. IN ADDITION, IF YOU HAVE AUTHORIZED CHARGES FOR AMOUNTS DUE AGAINST YOUR CREDIT CARD ACCOUNT OR OTHER SIMILAR ACCOUNT BY GIVING US A CARD OR ACCOUNT NUMBER, THEN YOUR AGREEMENT IN THIS SECTION EXTENDS TO CLAIMS, EXPENSES, LIABILITIES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OR OWNERSHIP OF THE CREDIT OR DEBIT CARD ACCOUNT, OR OTHER SIMILAR PAYMENT ACCOUNT, OR FROM THE ISSUER'S REFUSAL TO PAY AMOUNTS CHARGED TO SUCH ACCOUNT.
If you and we have a disagreement related to NissanConnect Services, we will try to resolve it by talking with each other informally. Except where prohibited by law, if we cannot resolve a disagreement informally, then we and you agree that any dispute between us may be resolved by binding arbitration. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court. In arbitration, a dispute is resolved by an arbitrator, or a panel of arbitrators, instead of by a judge. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other cause of action; (ii) claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); (iii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iv) claims that may arise after the termination of this Agreement.
Except where prohibited by law, you understand and agree that the parties would have had a right or opportunity to litigate disputes through a court and, by entering into this Agreement, accessing or using the Services, you and we are each waiving the right to a trial. This arbitration agreement does not preclude you from bringing issues to the attention of federal, provincial, territorial, or other regulatory agencies, including, for example, the Competition Bureau. Such agencies can, if the law allows, seek relief against us on your behalf. References to "you," and "we" or "us" in this section 15 include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the NissanConnect Services program or System under this or prior agreements between us.
In order to expedite and control the cost of disputes, you agree that any legal or equitable claim relating to the Service or your Subscription or this Agreement (a "Claim"), will be resolved as follows:
To initiate an informal resolution to a Claim, you must send by first class mail a written Notice of Dispute ("Notice") to Nissan Canada Inc. and SXM CVS Canada, Inc. Copies of the Notice should be sent to each of the following addresses: Nissan Canada Inc., 5290 Orbitor Drive, Mississauga, ON L4W 4Z5, Attn: Customer Information Centre; and SXM CVS Canada, Inc., 3800-200 Bay Street, Royal Bank Plaza, South Tower, Toronto, ON M5J2Z4, Attn: NissanConnect Services. Neither of us may start a formal proceeding for at least sixty (60) days after one of us notifies the other of a Claim in writing. If we initiate a Claim, we will send our notice to the billing address on file with us. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.
If we cannot resolve a Claim informally, including any claim between us, and any claim by either of us against any agent, employee successor, or assign of the other, including to the full extent permitted by applicable law, third parties who are not party to this Agreement whether related to this Agreement or otherwise, including past, present, and future Claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, then these Claims shall be resolved, upon election by either party, exclusively and finally by binding arbitration. Private arbitration will be conducted by a single arbitrator in an arbitration seated in Toronto, Ontario. The arbitration will be administered by ICDR Canada ("ICDR Canada") in accordance with its Canadian Arbitration Rules, as modified by this Agreement. The language of the arbitration will be English. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. This arbitration provision shall survive termination of this Agreement.
Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's decision is final and binding on all parties and may be enforced in any court with jurisdiction. There shall be no appeal from the arbitrator's award on any matters of fact or law.
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 province or territory where you reside and the federal laws of Canada applicable therein, without regard to conflict of law principles. Where the Arbitration provisions of this Agreement are prohibited by law, any litigation pertaining to the interpretation or enforcement of this Agreement shall be filed in and heard by the Court with jurisdiction to hear such disputes in the Regional Municipality of Peel, Province of Ontario, and you hereby submit to the jurisdiction of such courts.
EXCEPT WHERE PROHIBITED BY LAW, YOU ARE NOT ALLOWED TO BRING ANY CLAIM AGAINST NISSAN OR SIRIUS XM MORE THAN ONE YEAR AFTER THE CLAIM ARISES.
You can contact us by phone: 844-711-8200; by mail: NissanConnect Services Powered by SiriusXM, P.O. Box 33058, Detroit, MI 48232, U.S.A.; or by pressing the Information Call Button in your Nissan vehicle and talking to a NissanConnect Services Agent. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR BY LAW, ANY WRITTEN NOTICE FROM YOU REQUIRED BY THIS AGREEMENT WILL BE CONSIDERED GIVEN WHEN WE HAVE RECEIVED AT: Nissan Canada Inc., 5290 Orbitor Drive, Mississauga, ON L4W 4Z5, Attn: Customer Information Centre with a copy to SXM CVS Canada Inc., 3800-200 Bay Street, Royal Bank Plaza, South Tower, Toronto, ON M5J 2Z4, Attn: General Counsel. ANY WRITTEN NOTICE FROM US REQUIRED BY THIS AGREEMENT WILL BE CONSIDERED GIVEN WHEN WE SEND IT BY EMAIL TO ANY EMAIL ADDRESS YOU HAVE PROVIDED TO US, OR TWO DAYS AFTER WE MAIL IT TO YOU AT THE MOST CURRENT BILLING ADDRESS WE HAVE ON FILE FOR YOU. Any oral notices will be considered given when we call you or when you call us at 844-711-8200.
EACH OF THE PERSONS/ENTITIES LISTED IN THE THIRD PARAGRAPH OF THESE TERMS IS BOUND BY THIS AGREEMENT. YOU AGREE THAT YOU WILL MAKE ALL OF THE OCCUPANTS OF YOUR VEHICLE, WHETHER PASSENGERS, GUESTS OR DRIVERS OF YOUR VEHICLE, AWARE OF OUR RIGHTS AND SUBJECT TO THE LIMITATIONS OF THIS AGREEMENT.
This Agreement does not create any fiduciary relationships between you and us. It also does not create any relationship of principal and agent, partnership, or employer and employee.
We can assign this Agreement or your obligations to pay under it in whole or in part to anyone we choose. You cannot assign this Agreement or your obligations to anyone else without our prior written consent and any attempted assignment in violation of this provision shall be void.
This Agreement (which includes, without limitation, these Terms and any other NissanConnect Services documents incorporated herein by reference including the NissanConnect Services Privacy Policy) is the entire agreement between you and us. This Agreement supersedes all other agreements or representations, oral or written, between us, past or present. In the event of a conflict between any provision contained in these Terms and any provision of any other NissanConnect Services document incorporated herein, the provision contained in these Terms shall take precedence, and no additional or different terms shall be binding on either of us unless mutually agreed to in writing. This Agreement will not be presumptively construed for or against either party. Section titles used in these Terms are for convenience only. If any part of this Agreement is found to be unlawful, void or for any reason unenforceable by a court or arbitrator of competent jurisdiction, then within such jurisdiction, that provision will be deemed severable from these terms and will not impact the validity and enforceability of any remaining provision.
You have expressly requested that this Agreement and all deeds, documents and notices relating thereto be drafted in the English language. Vous avez expressément exigé que la présente convention et tous les autres contrats, documents ou avis qui y sont afférents soient rédigés en langue anglaise.
Even after this Agreement has ended, its provisions will govern any disputes arising out of or relating to it (unless it has been replaced by a new agreement between us). It will also be binding on your heirs and successors and on our successors and assigns. No waiver of any part of this Agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. IN SOME CIRCUMSTANCES WE MIGHT DECIDE TO PROVIDE YOU SERVICE VOLUNTARILY EVEN IF YOU WOULD NOT OTHERWISE QUALIFY. THIS WILL NOT BE DEEMED A WAIVER OR REQUIRE US TO DO SO AGAIN. YOU AGREE WE WILL NOT BE LIABLE FOR ANYTHING RESULTING FROM OUR PROVISION OF SUCH SERVICE.
[for Newfoundland and Labrador only].
You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of the statement of cancellation rights. You do not need a reason to cancel.
If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office.
If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.
To cancel, you must give notice of cancellation at the address NissanConnect Services Powered by SiriusXM, P.O. Box 33058, Detroit, MI 48232, U.S.A. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or by personal delivery.