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287
uuGeneral Information on the Audio SystemuHonda App License Agreement
Continued
Features
L. 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.
M.ARBITRATION:
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 law requires more. Each party is responsible for other fees. Arbitrator
may award costs or fees to prevailing party, if permitted by law. HONDA will not seek fees, unless the claims are frivolous.
20 ACURA TLX-31TZ36500.book 287 ページ ２０１９年２月７日 木曜日 午後２時２分
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