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uuLegal InformationuHonda App License Agreement
Reference Information
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.
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 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.
N. Miscellaneous: You may not assign this
AGREEMENT without HONDA’s prior
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
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