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E. Information Collection and Storage
1. Information Collection , Use, Transmission and Storage of Data. Consent to Use of Data:
You agree that HONDA and PROVIDERS may
collect and use your information gathered in any manner as part of product support services related to the SOFTWARE or related services.
HONDA may share such information with third parties, including, without limitation, PR OVIDERS, third party software and services
suppliers, their affiliates and/or their designated agents, solely to improve their products or to provide services or technolo gies to you.
HONDA, third party software and syst ems suppliers, their affiliates and/or their de signated agent may disclose this information to others,
but not in a form that pe rsonally identifies you.
2. Information Storage.
Depending on the type of mult imedia system you have in your VEHICLE, certain information may be stored for ease
of use of the SOFTWARE including, without limitation, search hi story, location history in certain applications, previous and saved
destinations, map locations within certain applications, and device numbers and contact information.
(a) Vehicle Health Information.
Your VEHICLE may remotely transmit information re garding the status and health of your VEHICLE
(“VEHICLE INFORMATION”) to HONDA without notification to you. VEHICLE INFORMATION may contain VEHICLE maintenance and
malfunction status that is derived from VEHICLE diagnostic data and includes, but is not limited to, status of powered doors and windows,
battery life data, battery charging data, VE HICLE speed, coolant temperature, air comp ressor revolution, output power, warning codes,
diagnostic trouble codes, fuel injection volume, and engine rotati ons per minute. VEHICLE HEALTH INFORMATION may be used by HON DA
for research and development, to deliver HONDA SERVICES and informat ion to you, and to contact you, and is retained only for a period
of time necessary to fulfill these goals.
(b) VEHICLE Geolocation Data (non-navigation/map based).
If you opt-in to geolocation-based SERVICES, your vehicle’s geolocation data
(latitude and longitude) will be automatically sent from your VEHICLE to HONDA and PROVIDERS.
(c) You understand that the inputting or uploading of information to your VEHICLE’s multimedia system or the SOFTWARE or SERVIC ES is
at your own risk and that HONDA is not responsible for unauthori zed access to or use of any personal or other information. All information
uploaded to the SOFTWARE and SERVICES may be stored on your VEHICLES’s multimedia system and you understand that the security and
safety of your VEHICLE’s multimedia system is your sole responsibility.
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F. NO WARRANTY. You understand and agree that your use of the SOFTWARE and SERVICES are solely at your own risk and that you
will be solely responsible for any damage to your VEHICLE’s multim edia system or any other equipment or any loss of data that may result
from your use of the SOFTWARE or SERVICES. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS
WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PA RTICULAR PURPOSE, AND NON-INFRINGEMENT . HONDA makes no warranties that the
SOFTWARE or SERVICES will meet your requirements, or that th e SOFTWARE or SERVICES will be uninterrupted, timely, secure, non-
infringing or error free. You understand and agree that you are responsible for any and all charges, costs or expenses associated with your
use of the SOFTWARE or SERVICES. Advice or information, whether oral or written, obtained by you from us or through the SOFTWAR E
or SERVICES are provided for informational purposes only and w ill not create any warranty not expressly made herein. You should not rely
on any such information or advice. We assume no liability or resp onsibility for any errors or omissions in the SOFTWARE or SERV ICES. We
do not make any warranty or representation th at your use of the material displayed on, or obtained through, the SOFTWARE or SER VICES
is non-infringing of any rights of any third party. Any decision or action taken by you on the basis of information or content provided via
the application is at your sole discretion and risk. HONDA and PROVIDERS are not respon sible or liable for any such decision, o r for the
accuracy, completeness, usefulness, or availa bility of any content or information displayed, transmitted, or otherwise made ava ilable via
the SOFTWARE or SERVICES. To the extent ju risdictions do not allow the exclusion of certain warranties, some of the above exclusions may
not apply to you.
G. LIMITATIONS ON LIABILITY. You and HONDA are each waiving important rights.
1. Limitations on YOUR liability.
HONDA cannot recover from you any cons equential, indirect, incidental, or special damages, or attorney’s
fees in connection with your use of the SOFTWARE or HONDA SERVICES. HONDA WAIVES TO THE FULLEST EXTENT ALLOWED BY LAW
ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT.
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2. Limitation on HONDA and PROVIDER liability. Neither HONDA nor PROVIDERS wi ll be liable to you or any other party for consequential,
indirect, incidental, special, or punitive damages (including withou t limitation lost profits) in connection with your use of the SOFTWARE
or SERVICES, even if HONDA or PROVIDERS are aware of the possib ility of such damages. These limitations apply to all claims, including,
without limitation, claims in contract and tort (such as neglig ence, product liability and strict liability). To the extent that a jurisdiction does
not permit the exclusion or limitation of liability as set forth herein our liability is limited to the maximum extent permitte d by law in such
states. If HONDA or PROVIDERS are found liable to you for any reas on, you agree that the aggregate liability of all these parties to you for
any claim is limited to ten U.S. dollars (U S $10.00). Neither HONDA nor any PROVIDER wo uld have agreed to provide the SOFTWARE or
SERVICES to you if you did not agree to this limitation. This amount is the sole and exclusive liability of HONDA and PROVIDERS to you,
and is payable as liquidated damages and not as a penalty. Except where prohibited by law, you may not bring any claim against HONDA
or any third-party beneficiary more than two (2) years after th e claim arises. We do not have any liability for SOFTWARE or SER VICES
interruptions of any length.
(a) Release of HONDA and PROVIDERS
For yourself and anyone else claiming under you, you agree to release and discharge HONDA,
PROVIDERS, their respective officers, dire ctors, and employees, and each third-party beneficiary from all claims, liabilities a nd losses in
connection with the SOFTWARE or SERVICES, including, but not limited to claims for person al injury or property damage arising from the
total or partial failure of performance of the SOFTWARE or SERVICES, even if caused by or based upon the negligence, gross negligence,
strict products liability, Deceptive Trade Practices Act violations, bad faith, or breach of warranty of us or the malfunction of the SOFTWARE
or SOFTWARE SERVICES. YOU AGREE TO WAIVE TO THE FULL EST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN
DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGRE EMENT. YOU HEREBY RELEASE AND DISCHARGE HONDA AND ITS
LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVID ING ALL OR PART OF THE SOFTWARE OR SERVICES) FROM AND
AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LI ABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES, OR LOSSES TO
ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR
USE OF THE SOFTWARE OR SERVICES.
H. Survival. You agree that the limitations of liability and indemnities in this AGREEMENT will survive even after the AGREEMENT has
ended. These limitations of liability apply not only to you, but to anyone using the SOFTWARE or SERVICES via your VEHICLE, to anyone
making a claim on your behalf, and to any claims made by your fa mily, employees, customers, or others arising out of or relating to your
VEHICLE, the SOFTWARE, or SERVICES.
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I. Availability/Interruption. The SOFTWARE and certain SERVICES are made availa ble through your VEHICLE’s compatible multimedia
system when the VEHICLE is turned on. Certai n SERVICES may be available only through your compatible mobile device when it is w ithin
the operating range of the VEHICLE and a wireless carrier. The availability of the SOFTWARE and SERVICES may be subject to tran smission
limitation or interruption, including but not limited to technica l obsolesce or sunsetting of the hardware, software or firmware, inside of
or external to the Vehicle, required for data transmission or receipt. HONDA does not guarantee that the SOFTWARE, SERVICES, or any
portion thereof will be av ailable at all times or in all areas. You acknowle dge and agree that HONDA is not responsible for per formance
degradation, interruption or delays. You acknowledge that HONDA shall not be liable to you if the SOFTWARE or SERVICES in a given
location are not available. If the SOFTWARE or SERVICES are not available within your intended location, you agree that your so le remedy
shall be to cease using the SOFTWARE and SERVICES.
J. PRODUCT SUPPORT: Product support for the SOFTWARE is provided by HONDA. For product support, please refer to HONDA
instructions provided in the DOCUMENTATION. Should you have any que stions concerning this AGREEMENT, or if you desire to contact
HONDA for any other reason, please refer to the HONDA contact information provided in the DOCUMENTATION.
K. Termination and Transfer.
1. Termination. This AGREEMENT is effective until terminated by you or US. WE may term inate this AGREEMENT for any or no reason,
and with or without notice to you. Your rights under this AGRE EMENT will terminate automatically without notice from US if you fail to
comply with any term of this AGREEMENT. Upon termination of this AGREEMENT, you sh all cease all use of the SOFTWARE and SERVICE S.
2. 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 HO NDA SERVICES (including all component parts, the media and printed
materials, and any upgrades), and the recipi ent 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 DOCUMENTATION.
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L. Changes to the SOFT WARE or SERVICES. WE may change, modify, or update the SOFTWARE or SERVICES from time to time. Unless
explicitly stated otherwise, any new featur es or services that augment or enhance the SOFTWARE or SERVICES in the future shall
respectively be considered part of the SOFTWARE or SERVICES and s ubject to this AGREEMENT. WE reserve the right at any time and from
time to time to interrupt, res trict, 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 li able to you or to any third party for any modification,
suspension or discontinuance of the SOFTWARE or SERVICES.
M. ARBITRATION:
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDER STAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU
MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BIND ING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE
HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CL AIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE
MORE LIMITED IN ARBITRATION.
Arbitration is a method of resolving a claim, dispute or contro versy without filing a lawsuit. By agreeing to arbitrate, the right to go to
court is waived and instead clai ms, disputes or controversies are submitted to binding arbitration. This provision sets forth t he terms and
conditions of our agreement. YOU and HONDA agree and acknowle dge that this Agreement affects interstate commerce and the
Federal Arbitration Act (“FAA”) applies. By using the Software, Vehicle, or Services, YO U 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 s eek
remedies in small claims court or provisional judicial remedies without arbitrating. In addition, notwithstanding anything here in to the
contrary, YOU or HONDA may seek equitable re lief in a court of competent jurisdiction.
YOU or HONDA may select arbitration with American Arbitration Asso ciation, 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 law requires more. Each party is responsible for other fees. Arbitrator
may award costs or fees to pr evailing party, if permitted by law. HONDA will not seek fees, unless the claims are frivolous.
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N. Miscellaneous: You may not assign this AGREEMENT without HONDA’s pr ior written consent. This AGREEMENT and any additional
HONDA TERMS and PROVIDER TERMS represents 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 AGREEMEN T 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 co ncerning choice of law or conflicts shall not apply if they would cause the substanti ve law of
another jurisdiction to apply. Notwithstand ing 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 applicat ion hereof, but are for convenience only.
Arbitrator shall be an attorney or current
or retired judge familiar with automotive or consumer software. The arbitrator shall follow
substantive law, statute of limitations and decide all issues relating to the interpretation, construction, enforceability and applicability of
this provision. The arbitrator may order relie f permitted by law. This provision is governed and enforceable by the FAA. An awa rd shall
include a written opinion and be final, subject to appeal by the FAA.
This provision survives termination of this Agreement or relationship, bankruptcy, assi gnment or transfer. If part of this provision is
unenforceable, the remainder remains in effe ct. If unenforceability allows arbitration as a class action, then this provision is entirely
unenforceable. YOU may opt out wi thin 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. HO NDA reserves the right to make changes to this provision after
providing written notice and an opportunity to opt out.
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HFL can display newly received text messages as well as 20 of the most recently
received messages on a linked cell phone. Each received message can be read aloud
and replied to using a fixed common phrase. 1.A pop-up appears and notifies you of a new
text message.
2. Select Read to listen to the message.
u The text message is displayed. The
system automatically starts reading out
the message.
3. To discontinue the mess age read-out, select
Stop .
■Receiving a Text Message1Receiving a Text Message
The system does not display any received messages
while you are driving. You can only hear them read
aloud.
The system can only receive messages that are sent as
text (SMS) messages. Messages sent using the data
services will not be displayed in the list.
With some phones, you may be able to display up to
20 most recent text messages.
State or local laws may limit your use of the HFL text
message feature. Only use the text message feature
when conditions allow you to do so safely.
When you receive a text message for the first time
since the phone is paired to HFL, you are asked to
turn the New Message Notification setting to On.
2 To turn on or off the text message notice
P. 407
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■Automatic collis ion notification
If your vehicle’s airbags deploy or if the unit
detects that the vehicle is severely impacted,
your vehicle automatically will attempt to
connect to the HondaLink ® operator. If
connected, information ab out your vehicle, its
location, and its condition can be sent to the
operator
*1; you also can speak to the operator
when connected.
IMPORTANT: For vehicles equipped with Ho ndaLink Assist, owner activation
constitutes authorization for Honda to collect information from your vehicle needed
to provide the service, and agreement to the Terms of Use at www.hondalink.com/
TermsAndConditions . In a crash, HondaLink Assist will attempt to notify emergency
services but NEITHER Honda-PRO NOR ITS SERVICE PROVIDERS GUARANTEE THAT
SUCH NOTIFICATION WILL OCCUR.
Honda reserves the right to terminate HondaLink Assist services at any time or for
any reason, and in the future may not be ab le to provide services due to changes in,
or obsolescence of, technology integral to the service or changes in governmental
regulation.
*1 : Depending on your phone and adequate cellular co verage, your vehicle’s location may not be sent to
the operator.
■In Case of Emergency1 In Case of Emergency
Your vehicle may not be able to connect to the
operator if the battery level is low, the line is
disconnected, or you do not have adequate cellular
coverage.
You cannot use this emergency service when:
•You travel outside the HondaLink ® service coverage
areas.
•There is a problem with the connecting devices,
such as the microphones, speakers, or the unit
itself.
You cannot operate othe r phone-related functions
using the screen while talking to the operator.
Select Hang Up to terminate the connection to your
vehicle.
1 Automatic collision notification
If the unit fails to connect to the operator, it
repeatedly tries until it succeeds.
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