Effective as of December 22, 2025
Your Honda vehicle (“Vehicle”) may come with active connected vehicle services. PLEASE READ THESE TERMS OF USE COMPLETELY BEFORE USING ANY HONDALINK SUBSCRIPTION SERVICES AND KEEP A COPY FOR YOUR FILES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACTIVATE OR USE ANY OF THE SUBSCRIPTION SERVICES. IN ADDITION, FOR CERTAIN SUBSCRIPTION SERVICES, INCLUDING AUTOMATIC COLLISION NOTIFICATION, YOU MUST CALL US AT 1-855-888-5465, SELECT THE PROMPT FOR HONDALINK, AND REQUEST TO HAVE SUCH SUBSCRIPTION SERVICES DEACTIVATED.
Welcome to the HondaLink® subscription-based connected vehicle services (the “Subscription Services”), a Connected Vehicle Service offered through HondaLink.
These HondaLink Subscription Services Terms of Use (these “Terms”) are a supplement to the general HondaLink Terms and Conditions that you accepted when you activated, received, used or otherwise accessed any of the services available through HondaLink. The current version of the HondaLink Terms and Conditions is available in the settings page on the HondaLink App and at https://www.honda.ca/en/hondalink/app/terms (English) and https://www.honda.ca/fr/hondalink/app/terms (French) (the “HondaLink T&Cs”). Capitalized terms used in these Terms, but not defined in these Terms, shall have the meanings assigned to them in the HondaLink T&Cs. In the event these Terms contradict the HondaLink T&Cs, these Terms shall control regarding your use of the Subscription Services.
These Terms, the HondaLink T&Cs, the Honda Canada Privacy Policy and the Honda Canada Vehicle Data Privacy Policy (collectively, the “Agreement”), define the full agreement between you (“you” and “your”) and Honda Canada Inc. (“Honda”, “we”, “our”, or “us”) with respect to your use of the Subscription Services as part of a subscription package, whether in a trial or paid subscription (each, a “Subscription Package”). These Terms apply to all users of the Subscription Services, including users who are enrolled as Primary Drivers, Secondary Drivers and Guest Drivers (as designated during the subscription process); however, different types of users have access to different features and account administration functions.
These Terms are available in French at https://www.honda.ca/fr/hondalink/terms.
SUBJECT TO APPLICABLE LAW, YOU AGREE TO THESE TERMS WHEN YOU ENROLL IN A SUBSCRIPTION PACKAGE AND ACCEPT THESE TERMS ELECTRONICALLY VIA THE HONDALINK MOBILE APPLICATION (THE “HONDALINK APP”). IF YOU ACCEPT THESE TERMS, YOU ARE BOUND BY THE AGREEMENT, INCLUDING THESE TERMS, AND ANY LATER CHANGES OR AMENDMENTS TO IT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCEPT THESE TERMS.
PRIVACY DISCLOSURE: Collection, use and disclosure of information about you or your Vehicle, including GPS location data, is essential for us to provide the Subscription Services to you. These Terms, the Honda Canada Privacy Policy, and the Honda Canada Vehicle Data Privacy Policy govern how we collect, maintain, use, and disclose your personal information to ensure that your personal information is protected appropriately and that your privacy is respected. BY RECEIVING, ACCESSING, USING OR ENROLLING IN SUBSCRIPTION SERVICES, YOU CONSENT ON BEHALF OF YOU AND ALL OCCUPANTS IN YOUR VEHICLE TO THE COLLECTION, TRANSMISSION, STORAGE, USE, AND DISCLOSURE OF YOUR DATA IN ACCORDANCE WITH THE HONDA CANADA VEHICLE DATA PRIVACY POLICY. YOU ALSO CONSENT ON BEHALF OF YOU AND ALL OCCUPANTS IN YOUR VEHICLE TO WIRELESS COMMUNICATION BEING CONDUCTED IN YOUR VEHICLE TO ENABLE US AND OUR SERVICE PROVIDERS TO DELIVER SUBSCRIPTION SERVICES TO YOU OR OTHER OCCUPANTS IN YOUR VEHICLE. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO ADVISE ALL OCCUPANTS OF YOUR VEHICLE (INCLUDING OTHER DRIVERS AND OCCUPANTS WHO MAY BE IN THE VEHICLE WITHOUT YOU) HOW DATA RELATED TO THEIR USE OF YOUR VEHICLE (INCLUDING PERSONAL INFORMATION) MAY BE COLLECTED, TRANSMITTED, STORED, USED AND DISCLOSED.This Section 2 applies only to users of the Subscription Services who are Primary Drivers.
A. Service Availability. Not all Subscription Services are available for all Vehicles; at the time that you enroll in a Subscription Package, you will be presented with and must accept the Subscription Services terms applicable to your Vehicle model and year, which may be different from the terms that apply to other vehicle models and years. Please visit www.honda.ca/en/hondalink for information about available Subscription Services for your Vehicle and to access information regarding which Subscription Services apply to different models and years.
B. Trial Subscriptions. Your Vehicle may come with one or more trial subscription packages. The trial period for your initial HondaLink Subscription Package (“Initial Subscription Package”) commences on the original date of sale or lease of your Vehicle (at the time of enrollment for the Vehicle’s VIN) and runs through the applicable trial period for such subscription package (“Initial Subscription Period”). You may also access additional HondaLink Subscription Services by enrolling in additional HondaLink Subscription Packages (“Additional Subscription Packages”). Any Additional Subscription Package may have its own eligibility and duration limits. Please visit www.honda.ca/en/hondalink for information about the available Subscription Packages for your Vehicle and the applicable trial period(s), if any.
C. Paid Subscriptions; Fees and Billing. Expiration dates and subscription fees for your Subscription Package(s) can be obtained by contacting us at 1-855-888-5465. After the expiration of any applicable trial period, a paid subscription in the applicable Subscription Package is required to receive the Subscription Services associated with such Subscription Package. To the extent permitted by applicable law, and unless prohibited by applicable law, the price of your Subscription Package(s) may change over time, and we will charge you the rates in effect at the time of each purchase or renewal of a Subscription Package. To purchase a subscription for a Subscription Package, you must provide your payment account information (credit card number, CVV and expiration date). You agree to provide us (or our designated third party payment provider) with accurate and valid payment account information and to update your account in the event any information provided becomes invalid or incomplete. By providing payment account information to us, you represent that you are an authorized user of such payment account.
Your Subscription Package will terminate at the expiration of the term unless you purchase a new Subscription Package before the expiration of your current Subscription Package.
IN ADDITION TO THE FEES FOR A SUBSCRIPTION PACKAGE, YOU MAY INCUR CHARGES TO SERVICE PROVIDERS WHO FURNISH SERVICES TO YOU THAT ARE NOT EXPRESSLY COVERED BY YOUR SUBSCRIPTION PACKAGE. YOU ARE RESPONSIBLE FOR PAYING THESE CHARGES DIRECTLY TO THE APPLICABLE SERVICE PROVIDER.
D. Your Payment Obligations. Your payment responsibilities are dictated by the billing structure that you choose for your Subscription Package(s). Payment must be made in Canadian Dollars and is due in advance. You must always pay on time and (unless the law provides otherwise) in full. You are responsible for paying directly to all Service Providers all charges for services furnished by them that are not expressly covered by your Subscription Package(s). If your credit card provider refuses a charge, we can terminate or suspend the Subscription Services applicable to your Subscription Package. Except to the extent prohibited by applicable law, including if you are a resident of the province of Quebec, if you object to any fees or charges for services billed by or through us, you must tell us in writing within sixty (60) calendar days after the fee or charge is incurred OR YOU WILL AUTOMATICALLY WAIVE THE DISPUTE.
E. Taxes and Government Charges. You promise to pay all taxes, government fees, and surcharges charged to you by us. Except where prohibited by applicable law, including if you are a consumer residing in the province of Quebec, and to the extent permitted by applicable law, we may not tell you in advance of changes to these items, and we may charge additional fees related to our costs (or the costs of our Service Providers) to comply with government regulations.
Sections A-C apply only to users of the Subscription Services who are Primary Drivers and
Section D applies only to users who are Secondary Drivers or Guest Drivers.
For an annual paid subscription, if you cancel within thirty (30) calendar days of purchasing your first paid Subscription Package, we will cancel your Subscription Package immediately and refund you all fees for the cancelled Subscription Package. If you cancel your Subscription Package at any other time, we will cancel your Subscription Package immediately and issue you a pro-rated refund.
To cancel one or more Subscription Package(s), you must call HondaLink Customer Care at 1-855-888-5465 and select the prompt for HondaLink, or provide us with a written notice of cancellation to HondaLink Customer Support, 180 Honda Boulevard, Markham, Ontario L6C 0H9 (note that a cancellation will not be processed until such notice is received by us).
You must notify us promptly if you sell or otherwise transfer your Vehicle, its lease ends, or it is destroyed by casualty. If you fail to notify us that you have transferred the Vehicle, you will remain liable to us for any Subscription Services usage charges and you and not Honda will be responsible to the new owner for any claim, loss or damage that the new owner has that has resulted from your failure to notify us. Unless prohibited by applicable law, and to the extent permitted under applicable law you will indemnify, hold harmless and defend us against any action by the new owner relating to the Subscription Services, including but not limited to our use of the new owner’s vehicle information in providing the Subscription Services.
B. Our Cancellation and Suspension Rights. To the extent permitted by applicable law and unless prohibited by applicable law, we may cancel your Subscription Package(s) and the related Subscription Services without cause, in which case, we will give you notice at least thirty (30) days prior to the effective date of cancellation after which your account will be deactivated and your access to such Subscription Services will terminate. This means that we can decide to cease providing the Subscription Services to you at any time and for any reason, even for reasons unrelated to you or your account with us. We may also terminate your access to the Subscription Services without prior notice if your Vehicle, the HondaLink Embedded 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 aforementioned cases, we will refund any amounts you have paid in advance for the Subscription Services (other than any payment that was included in the purchase or lease price of your Vehicle), but not for the HondaLink Embedded System. Additionally, we may cancel your Subscription Package(s) and the related Subscription Services without prior notice to you if we have received information that reasonably establishes you are no longer the owner/lessee of your Vehicle (e.g., copy of bill of sale identifying new owner/lessee, successful completion of takeover process by new primary driver) and, in such case, we will not refund any prepaid amounts to you unless you notify us as provided in Section 3(A) above.Also, to the extent permitted by applicable law and unless prohibited by applicable law, we may cancel your Subscription Package(s) and the related Subscription Services without prior notice to you for any good cause. This means, for example, we can cancel your Subscription Package(s) and the related Subscription Services immediately if you breach any part of this Agreement, do not pay amounts that are due, interfere with our efforts to provide service, interfere with our business, or if your Subscription Services or wireless phone number is used for illegal or improper purposes. You do not have any right to have Subscription Services reactivated, even if you cure any of these problems. Whether to allow you to have access to the Subscription Services again will be entirely up to us. In the event we cancel your Subscription Package(s) and the related Subscription Services for good cause, we will not refund any prepaid or unused portions of your services fees.
We can suspend your Subscription Services for any reason that we could cancel your Subscription Services. We can also suspend your Subscription Services for network or system maintenance or improvement, or if there is network congestion, or if we suspect your Subscription Services are being used for any purpose that would allow us to cancel it.
If you are a consumer residing in the province of Quebec, we will provide you with a written notice upon the suspension or cancellation of your Subscription Services specifying the grounds for which we have suspended or cancelled your Subscription Services.
C. SPECIAL NOTICE FOR VEHICLES WITH 4G WIRELESS TECHNOLOGY.MANY CONNECTED SERVICES SYSTEMS UTILIZE 4G WIRELESS TECHNOLOGY. IT IS ESTIMATED THAT OUR CELLULAR CARRIER MAY DISCONTINUE SUPPORT OF 4G WIRELESS TECHNOLOGY BY 2028. ONCE 4G WIRELESS TECHNOLOGY IS DISCONTINUED, YOUR VEHICLE’S HONDALINK EMBEDDED SYSTEM, IF UTILIZING 4G WIRELESS TECHNOLOGY, WILL BE UNABLE TO CONNECT TO THE SUBSCRIPTION SERVICES AND YOUR VEHICLE MAY NOT BE UPDATED TO SUPPORT OTHER WIRELESS TECHNOLOGIES. IF YOUR VEHICLE BECOMES UNABLE TO CONNECT TO THE SUBSCRIPTION SERVICES DUE TO OBSOLESCENCE OF YOUR WIRELESS TECHNOLOGY, WE MAY BE FORCED TO CANCEL YOUR SUBSCRIPTION PACKAGE.
If the telecommunications technology or GPS technology used by your HondaLink Embedded System changes in a way that results in incompatibility of those technologies with your HondaLink Embedded System, then your HondaLink Embedded System will not work and we may be forced to cancel your Subscription Package. If that happens, we will notify you of the effective date of cancellation and describe Honda’s and your respective rights and obligations.</strong>
C. HondaLink Wireless Carrier. As a condition to providing wireless service, the HondaLink wireless carrier requires that you agree to the following terms, to the extent permitted by applicable law, and unless prohibited by applicable law:
(i) YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH THE WIRELESS CARRIER AND YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN HONDA AND THE WIRELESS CARRIER. YOU UNDERSTAND AND AGREE THAT, UNDER THESE TERMS, THE WIRELESS CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU.
(ii) YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE WIRELESS CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THESE TERMS OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE SUBSCRIPTION SERVICES, EXCEPT WHERE THE CLAIMS RESULT FROM THE WIRELESS CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF YOUR SUBSCRIPTION PACKAGE.
(iii) YOU HAVE NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO THE HONDALINK EMBEDDED SYSTEM IN YOUR VEHICLE, AND YOU UNDERSTAND THAT ANY SUCH NUMBER CAN BE CHANGED FROM TIME TO TIME.
(iv) YOU UNDERSTAND AND AGREE THAT NEITHER HONDA NOR THE WIRELESS CARRIER CAN GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS, AND NEITHER HONDA NOR THE WIRELESS CARRIER WILL BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SUBSCRIPTION SERVICES.
(v) THE SUBSCRIPTION SERVICES PROVIDED HEREUNDER ARE FOR YOUR USE ONLY AND YOU MAY NOT RESELL THE SUBSCRIPTION SERVICES TO ANY OTHER INDIVIDUAL OR ENTITY.
(vi) YOU UNDERSTAND AND AGREE THAT THE WIRELESS CARRIER DOES NOT GUARANTEE YOU OR ANY OTHER PERSON UNINTERRUPTED SERVICE OR COVERAGE. THE WIRELESS CARRIER DOES NOT WARRANT THAT YOU OR ANY OTHER PERSON CAN OR WILL BE LOCATED USING THE SUBSCRIPTION SERVICES. THE WIRELESS CARRIER MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY: (A) ACT OR OMISSION OF A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR DEFECTS IN THE SERVICES PROVIDED BY OR THROUGH THE WIRELESS CARRIER; (C) DAMAGE OR INJURY CAUSED BY SUSPENSION OR TERMINATION BY THE WIRELESS CARRIER; OR (D) DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER EMERGENCY SERVICE. TO THE FULL EXTENT ALLOWED BY LAW, YOU RELEASE, INDEMNIFY AND HOLD HARMLESS THE WIRELESS CARRIER FROM AND AGAINST ANY AND ALL CLAIMS OF ANY INDIVIDUAL OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SUBSCRIPTION SERVICES PROVIDED BY THE WIRELESS CARRIER OR ANY PERSON’S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE WIRELESS CARRIER.
We will attempt to contact third party responders to respond to your crash or incident as set forth in Section 1. You understand that we cannot assure you, or make any guarantees, about the manner or timeliness of a third party response or even whether third party responders will in fact respond to your crash or incident at all or in a timely manner. YOUR VEHICLE HAS TO HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER) FOR THE AUTOMATIC COLLISION NOTIFICATION AND EMERGENCY CALL FEATURES TO OPERATE.
B. Stolen Vehicle Locator. If your Vehicle is stolen, we can try to locate it. Before we try to locate your Vehicle, 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 ask for information about the police report you filed and verify with the local authorities that they are treating the Vehicle as stolen. For your safety and the safety of others, we will only provide location information about stolen vehicles to the police. We will try to locate your Vehicle for ten (10) calendar days from the time you first report it stolen, and we cannot guarantee that we will find it. You may request one additional ten (10) day extension to locate your Vehicle. We also are not required to try to find your Vehicle for the purpose of locating a person. 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 our affiliates in connection with enforcement of an agreement related to the leasing or financing of your Vehicle.We use the information we collect from you or occupants of your Vehicle to, among other things, deliver the HondaLink Subscription Services to you, manage your HondaLink account, improve occupant and vehicle safety, analysis and research purposes, improve your HondaLink service experience at Honda dealers and enhance your overall ownership experience. We will not sell, trade, or rent your information to others without your consent. We may also disclose information which is not identifiable to you with third parties for purposes of analysis and research in order to better our services. Service Providers are required to keep your information confidential if it is identifiable to you and may only use such information for purposes of providing their services. We may also disclose information to individuals designated by you to be contacted in an emergency. When required, you agree we may release information 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 these Terms and any agreement related to the lease or financing of your Vehicle. Any data which we collect or which you provide to us that is not identifiable to you, including functionality, use, statistics, performance data and quality metrics, shall be owned by us. You expressly consent to the sharing of the foregoing information, including information that is identifiable to you, on the terms outlined in this Section 10B.
C. Monitoring and Recording. For quality assurance and maintenance of business records, we or the 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 centre and you or others contacting the service centres to discuss your account outside of the Vehicle. YOU CONSENT TO THE MONITORING AND RECORDING OF ALL CONVERSATIONS WITH THE SERVICE CENTRES, AND HEREBY AGREE TO INFORM ALL OCCUPANTS OF YOUR VEHICLE AND ANYONE WHO HAS PROVIDED A VALID PIN AND ENGAGED IN A CONVERSATION WITH US OR A SERVICE PROVIDER ABOUT YOUR VEHICLE OR YOUR ACCOUNT ABOUT THESE TERMS AND EXPRESSLY OBTAIN THEIR CONSENT THERETO, AND YOU RELEASE AND INDEMNIFY US FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT FROM ANY SUCH MONITORED AND/OR RECORDED CONVERSATIONS, INCLUDING WITH ALL OCCUPANTS OF YOUR VEHICLE AND ANYONE WHO HAS PROVIDED A VALID PIN AND ENGAGED IN A CONVERSATION WITH US OR A SERVICE PROVIDER ABOUT YOUR VEHICLE OR YOUR ACCOUNT, OTHER THAN LIABILITIES AND LOSSES ATTRIBUTABLE TO THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF US OR A THIRD PARTY BENEFICIARY. Call recordings may be shared with Honda and its dealers and other Service Providers for the purposes of providing the HondaLink Subscription Services and maintaining your account. Additionally, if your Vehicle is equipped to provide stolen vehicle recovery services and your Vehicle is stolen, or you breach the terms of any agreement regarding the lease or financing of your Vehicle, we may determine the location of the Vehicle, without the occupants’ knowledge, in order to assist in recovering the Vehicle. We may also be legally required to provide location data and other information obtained through the HondaLink system to law enforcement agencies. YOU RELEASE US AND THE THIRD PARTY BENEFICIARIES FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING OUT OF THE DISCLOSURE OF INFORMATION UNDER THOSE CIRCUMSTANCES OTHER THAN LIABILITIES AND LOSSES ATTRIBUTABLE TO THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF US OR A THIRD PARTY BENEFICIARY.
D. Your Consent. YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET OUT IN THIS AGREEMENT AND THE HONDA CANADA CUSTOMER PRIVACY POLICY AND HONDA CANADA VEHICLE DATA PRIVACY POLICY, AND AGREE TO INFORM ALL OCCUPANTS OF YOUR VEHICLE OF THESE TERMS AND EXPRESSLY OBTAIN THEIR CONSENT THERETO. YOU CONSENT TO WIRELESS COMMUNICATION BEING CONDUCTED IN YOUR VEHICLE TO ENABLE US AND THE SERVICE PROVIDERS TO DELIVER THE HONDALINK SERVICE TO YOU AND OCCUPANTS IN YOUR VEHICLE. YOU, ON BEHALF OF YOU AND THE OTHER INDIVIDUALS (EMERGENCY CONTACTS AND ADDITIONAL DRIVERS) WHOSE PERSONAL INFORMATION YOU PROVIDE IN CONNECTION WITH ENROLLMENT IN THE SERVICES, ALSO CONSENT TO THE COLLECTION, RECORDING, USE AND DISCLOSURE OF THE INFORMATION DESCRIBED IN THIS AGREEMENT SOLELY FOR THE PURPOSE OF PROVIDING THE HONDALINK SERVICE AND MAINTAINING YOUR ACCOUNT AND RELEASE US AND THE THIRD PARTY BENEFICIARIES FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING OUT OF THE COLLECTION, USE AND DISCLOSURE OF THIS INFORMATION OTHER THAN LIABILITIES AND LOSSES ATTRIBUTABLE TO THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF US OR A THIRD-PARTY BENEFICIARY.
YOU ALSO AGREE THAT WE MAY CONTACT YOU IN YOUR VEHICLE, BY ELECTRONIC MAIL, BY SHORT MESSAGE, OR BY TELEPHONE AT ANY NUMBER WE HAVE ON FILE FOR YOU TO DISCUSS YOUR ACCOUNT OR TO DELIVER THE SUBSCRIPTION SERVICES, EVEN IF DOING SO WILL RESULT IN ADDITIONAL TELECOMMUNICATIONS FEES OR CHARGES TO YOU FROM YOUR TELECOMMUNICATIONS PROVIDER (E.G., TEXT MESSAGING RATES OR AIRTIME CHARGES).
UNLESS PROHIBITED BY APPLICABLE LAW, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR VEHICLE’S LIMITED WARRANTY (IF APPLICABLE) DOES NOT COVER THE SUBSCRIPTION SERVICES OR THE WIRELESS SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) ALL USES OF THE HONDALINK EMBEDDED SYSTEM AND THE SUBSCRIPTION SERVICES, INCLUDING THEIR QUALITY, PERFORMANCE, ACCURACY AND RELIABILITY, ARE AT YOUR SOLE RISK; (b) THE HONDALINK EMBEDDED SYSTEM AND THE SUBSCRIPTION SERVICES, INCLUDING ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND; AND (c) HONDA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE HONDALINK EMBEDDED SYSTEM AND THE SUBSCRIPTION SERVICES AND INFORMATION PROVIDED BY OR IN CONNECTION THEREWITH, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS EXAMPLES, AND WITHOUT LIMITATION, HONDA DOES NOT GUARANTEE AND DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY OF DATA PROVIDED BY THE SUBSCRIPTION SERVICES, SUCH AS NEWS, TRAFFIC, POINTS OF INTEREST, OR OTHER CONTENT PROVIDED BY HONDA, ITS AFFILIATES, OR ITS SERVICE PROVIDERS; HONDA DOES NOT GUARANTEE AGAINST LOSS OF DATA, WHICH MAY BE LOST AT ANY TIME; AND HONDA DOES NOT GUARANTEE THAT THE SUBSCRIPTION SERVICES WILL BE PROVIDED AT ALL TIMES OR THAT ANY OR ALL SUBSCRIPTION SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR AT YOUR LOCATION. FOR EXAMPLE, THE SUBSCRIPTION SERVICES MAY BE UNAVAILABLE IN YOUR AREA OR LOCATION. We may pause or interrupt any of the Subscription Services at any time, and you should expect periodic downtime for updates to the Subscription Services. In addition, you understand that changes in third party technology or government regulation may render any of the Subscription Services obsolete or unusable. No advice or information, whether oral or written, obtained by you from Honda, our affiliates, a Service Provider, or through any of the Subscription Services will create any warranty.
Notwithstanding the exclusions and limitations of liability set forth in the HondaLink T&Cs, and unless prohibited by applicable law and to the extent permitted by applicable law, Honda and you 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.
B. HONDA AND SIRIUS XM WILL NOT BE LIABLE FOR(1) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR OR YOUR VEHICLE’S OCCUPANTS OR YOUR VEHICLE’S USE OF THE HONDALINK EMBEDDED SYSTEM OR SUBSCRIPTION SERVICES, OR (2) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE HONDALINK EMBEDDED SYSTEM.
C. THE MAXIMUM AGGREGATE LIABILITY OF HONDA, AND SIRIUS XM, AND EACH OF THEIR RESPECTIVE AFFILIATES TO YOUUNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO THE GREATER OF (I) $500 AND (II) THE TOTAL AMOUNT PAID BY YOU FOR THE PORTION OF THE SUBSCRIPTION SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE DATE YOUR CLAIM AROSE. YOU AGREE THAT WE WOULD NOT HAVE AGREED TO PROVIDE THE SUBSCRIPTION SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF HONDA, AND SIRIUS XM, AND EACH OF THEIR RESPECTIVE AFFILIATES TO YOU, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.
D. NEITHER YOU NOR HONDA CAN RECOVER(1) PUNITIVE OR EXEMPLARY DAMAGES, (2) TREBLE, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, OR (3) ATTORNEY'S FEES (EXCEPT IN CONNECTION WITH INDEMNIFICATION CLAIMS AS PROVIDED IN THE AGREEMENT). YOU AND HONDA AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, ACTUAL, COMPENSATORY DAMAGES AS LIMITED IN THE AGREEMENT.
E. 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.The Subscription Services are intended as a convenience. The payments you make for the Subscription Services, if any, 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. UNLESS PROHIBITED BY APPLICABLE LAW, AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR YOURSELF, AND FOR ANYONE ELSE CLAIMING UNDER YOU, YOU HEREBY RELEASE AND DISCHARGE HONDA, AND SIRIUS XM, AND EACH OF THEIR RESPECTIVE AFFILIATES FROM AND AGAINST ALL HAZARDS COVERED BY YOUR INSURANCE. NO INSURANCE COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION AGAINST US.
In consideration of Honda providing you access to and use of the Subscription Services, to the maximum extent permitted by applicable law, and unless prohibited by applicable law, you agree to indemnify Honda, Sirius XM, and our affiliates, Service Providers, agents and licensors, against any and all claims, actions, suits, proceedings, demands, liabilities, losses, damages, costs, expenses and attorneys’ fees (“Liabilities”) arising out of or related to (i) your failure to comply with these Terms; (ii) your access to, use of, failure to use, or inability to use the Subscription Services; (iii) the use or possession of data or information provided in connection with the Subscription Services as described in these Terms, the Honda Canada Privacy Policy, or the Honda Canada Vehicle Data Privacy Policy; (iv) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly to these Terms or the Subscription Services (but excluding any Liabilities to the extent caused by our gross negligence or willful misconduct); or (v) any activities of anyone other than you in connection with the Subscription Services conducted through your account or with your user credentials or passwords. We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.
In addition, if you have authorized us to charge 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 card account, or other similar payment account, or from the issuer's refusal to pay amounts charged to such account.