Last updated on July 11, 2025
Key updates:
THESE TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND HONDA AND INCLUDE, UNLESS PROHIBITED BY LAW, AN ARBITRATION PROVISION UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THESE TERMS CAREFULLY. By indicating acceptance of these Terms, or by downloading, installing or using the Mobile App, or by otherwise using HondaLink or any of the Connected Vehicle Services, you are entering into a legally binding agreement with Honda. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE ARBITRATION PROVISION IN SECTION 17 (to the extent such provision is not prohibited by law in your jurisdiction of residence), AND THE HONDA PRIVACY NOTICES, DO NOT USE HONDALINK OR ANY OF THE CONNECTED VEHICLE SERVICES, AND IMMEDIATELY DELETE AND PURGE THE MOBILE APP FROM YOUR MOBILE DEVICE (AS DEFINED IN SECTION 7 BELOW).
b. Service Providers. The Connected Vehicle Services are provided by Honda and Honda’s service providers.
c. Independent Providers. In some cases, you may use HondaLink to access Connected Vehicle Services provided by independent third parties (each, an “Independent Provider”). For the Connected Vehicle Services provided by Independent Providers, Honda is acting solely as an intermediary between you and the Independent Provider. Each Independent Provider may have its own separate terms of use and privacy notice/policy and you may be required to accept an Independent Provider’s additional terms of use in order to access the applicable Connected Vehicle Services. Honda does not endorse, and hereby disclaims all liability or responsibility to you or any other person for, any services provided by an Independent Provider.
d. Minors. Honda does not knowingly collect personal information from minors without parental or legal guardian consent. If Honda learns that personal information of minors has been collected without parental or legal guardian consent, Honda will take the appropriate steps to delete such information. To make such a request, please contact Honda by mail at Honda Canada Inc., ATTN: Honda Canada Customer Relations, 180 Honda Blvd., Markham, ON, Canada L6C 0H9 or by phone 1-888-946-6329 or our Privacy Officer in accordance with our Honda Canada Customer Privacy Policy located at www.honda.ca/privacy.
e. Changes to HondaLink, Connected Vehicle Services and Terms. To the extent permitted by applicable law, and unless prohibited by applicable law, Honda reserves the right, in its sole discretion, to modify HondaLink and the Connected Vehicle Services at any time, without notice to you. Honda also from time to time may change these Terms prospectively. If we do so, we will change the “last updated” date on these Terms and, where required by applicable law, provide you with appropriate notice. You agree that your continued use of HondaLink or any of the Connected Vehicle Services constitutes your agreement to the amended Terms. If you do not agree to any amended Terms, DO NOT USE HONDALINK OR ANY OF THE CONNECTED VEHICLE SERVICES. You may not amend or modify these Terms except by way of an express writing signed by Honda.
f. Term. These Terms become effective immediately when you are granted access to HondaLink or any of the Connected Vehicle Services and shall remain in effect (and if amended, as amended) until your use of HondaLink and all of the Connected Vehicle Services is terminated in accordance with Section 22 below.IF YOU SELL OR OTHERWISE TRANSFER YOUR VEHICLE, IF YOUR VEHICLE LEASE ENDS, OR IF YOUR VEHICLE IS DESTROYED, YOU AGREE TO NOTIFY HONDA PROMPTLY. IF YOU DO NOT NOTIFY HONDA, YOU WILL REMAIN RESPONSIBLE FOR ALL ACTIVITIES ASSOCIATED WITH THE VEHICLE, HONDALINK, AND THE CONNECTED VEHICLE SERVICES.
g. Notifications; Notice; Questions. You agree that all notifications or notices required under these Terms may be provided to you by the email address you have provided to Honda, to the extent permitted by applicable law. All notifications are deemed given when Honda sends the email message (or, if a valid alternative method is used, whenever such message is sent by Honda). You also agree that Honda may contact you in your Vehicle or by telephone (including through automatic dialing technology, to the extent permitted by applicable law) at any number Honda has on file for you, including any cellular phone number you provide to us, even if doing so may result in additional telecommunications fees or charges to you, to discuss your account or to provide any Connected Vehicle Services. All notifications or notices required under these Terms to be provided to Honda and questions or comments that you have about these Terms, HondaLink, or the Connected Vehicle Services may be sent to:
Honda Canada Inc.
ATTN: Honda Canada Customer Relations
180 Honda Blvd.
Markham, ON
Canada
L6C 0H9
and shall be deemed given when Honda receives them. Notifications or notices under these Terms to Honda require that an additional copy be sent to:
Honda Canada Inc.
ATTN: General Counsel, Legal Affairs
180 Honda Blvd.
Markham, ON
Canada
L6C 0H9
Questions or comments also may be directed to 1-888-946-6329.
You acknowledge that when you download, install, or use HondaLink or the Connected Vehicle Services, Honda may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of HondaLink or the Connected Vehicle Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Mobile App or certain of its features or functionality. HondaLink and the Connected Vehicle Services may provide you with opportunities to share information about yourself with others. All information Honda collects through or in connection with HondaLink and the Connected Vehicle Services is subject to the Honda Privacy Notices.
In order to download and install the Mobile App, and to use certain parts of HondaLink or certain Connected Vehicle Services, you may be required to provide us with your first name, last name, email address, telephone number, and/or vehicle identification number (VIN), to create a password, and to register with us. We also may request additional information from you. You represent and warrant to us that you will provide us with accurate, current, and complete registration information. You are responsible for your registration, and for all use of HondaLink and the Connected Vehicle Services using any user credentials or passwords issued to you or chosen by you. You will keep all such credentials and passwords confidential.
You understand that you can help prevent unauthorized access by logging out of HondaLink and the Connected Vehicle Services. You agree to notify Honda immediately at 1-888-946-6329 of any unauthorized use of your user credentials or passwords. Honda maintains the exclusive right to control access to HondaLink and the Connected Vehicle Services. Unless prohibited by law, you understand and agree that Honda reserves the right to revoke your registration at any time without notice or cause, for any reason whatsoever.
If you are the age of majority in your jurisdiction of residence, you represent that you have the capacity and authority to enter into these Terms and you are only entering into these Terms on your own behalf. If you are under the age of majority in your jurisdiction of residence, you represent that your parent or legal guardian has accepted these Terms on your behalf and that such parent or legal guardian has the capacity and authority to enter into these Terms. You represent and warrant to Honda that (a) your performance under these Terms and use of HondaLink and the Connected Vehicle Services will comply with all applicable laws, rules and regulations (including export control, privacy and obscenity laws), domestic or foreign; (b) you are not located in a country that is subject to a Canada/U.S. Government embargo, or that has been designated by the Canada/U.S. Government as a “terrorist supporting” country; and (c) that you are not listed on any Canada/U.S. Government list of prohibited or restricted parties.
Subject to your compliance with all of the terms and conditions herein, you are permitted to use HondaLink and the Connected Vehicle Services solely for your own personal, non-commercial use. You are permitted to download, install, and use one copy of the Mobile App for your personal, non-commercial use. You agree that it is your responsibility to use HondaLink and the Connected Vehicle Services only when it is safe to do so and in a responsible manner, including abiding by all applicable laws, rules and regulations regarding the use of HondaLink, the Connected Vehicle Services or any devices associated with HondaLink or any of the Connected Vehicle Services (e.g., any laws relating to use of mobile devices while driving). Without limiting the foregoing, it is your sole responsibility to exercise discretion and to observe all safety measures required by law, traffic rules, and traffic regulations while accessing or using HondaLink and the Connected Vehicle Services. You further agree that you will use the Connected Vehicle Services only with a Vehicle that you are authorized to control.
You must not, and must not permit any third party to: (a) use HondaLink or any of the Connected Vehicle Services in any way that would violate the rights of any person; (b) impersonate any person or entity; (c) harvest or otherwise collect information about others from HondaLink or any of the Connected Vehicle Services; (d) take any action that imposes or may impose an unreasonable or disproportionately large load on HondaLink or any of the Connected Vehicle Services, or bypass any measures we may use to prevent or restrict access to any portion of HondaLink or any of the Connected Vehicle Services (or other accounts, networks or services connected thereto); (e) use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of HondaLink or the Connected Vehicle Services or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from HondaLink or any of the Connected Vehicle Services, including any Honda Property (defined in Section 14 below); (f) distribute, rent, lease, lend, sell, license, assign, export, import, convey, or otherwise make available or grant rights in HondaLink or any of the Connected Vehicle Services, or any information or other content obtained therein, to any third party, except as expressly permitted herein; (g) otherwise interfere in any manner with the use or operation of HondaLink or any of the Connected Vehicle Services; or (h) use HondaLink or any of the Connected Vehicle Services for any commercial purpose, including in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, derivative of, or competitive with, HondaLink, any of the Connected Vehicle Services, or any other Honda product, software, or service.
You further must not, and must not permit any third party to: (i) modify or create any derivative work of HondaLink or any of the Connected Vehicle Services; (ii) reverse engineer, decompile or disassemble HondaLink or any of the Connected Vehicle Services, in whole or in part; (iii) make a copy (other than a backup copy) of HondaLink or any of the Connected Vehicle Services or any part thereof (other than as expressly permitted herein); (iv) use or install HondaLink or any of the Connected Vehicle Services on a network or for online use; (v) remove, modify or obscure any copyright, trademark, or other proprietary notice, author attributions, legal notices or other labels appearing within HondaLink or any of the Connected Vehicle Services; or (vi) export or transport HondaLink or any of the Connected Vehicle Services into any country in violation of any Canada/U.S. or other export laws and regulations.
If you provide to us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions, including any that are related to HondaLink or any of the Connected Vehicle Services (collectively “Feedback”), the Feedback will be the sole property of Honda. We will be entitled to use, reproduce, modify, disclose, display, publish, perform, broadcast, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We have no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
a. To properly use HondaLink and one or more of the Connected Vehicle Services, you must have equipment that meets at least the following minimum requirements (“Equipment Requirements”):
i. Compatible mobile device as listed on http://www.handsfreelink.com/Honda (each, a “Mobile Device”);
ii. Internet connection through Wi-Fi or cellular network connection and any appropriate data plan;
iii. Appropriate security on the Mobile Device (e.g., no alterations to device security). A certain level of device security or security protocols is required so, for example, jail-broken or rooted mobile devices might not be supported; and
iv. Certain mobile devices may require an HDMI cable, USB cable, or audio-video adapter to connect and operate the Connected Vehicle Services within the Vehicle.
Equipment Requirements may change at any time, without notice, and further access to HondaLink and the Connected Vehicle Services may require acceptance of additional agreements or a newer version of these Terms. For example, the Mobile App through which one or more of the Connected Vehicle Services is provided may be made obsolete by a newer version, which may require updating an operating system and/or downloading a new version of the applicable Mobile App and accepting a newer version of these Terms or the applicable Connected Vehicle Service Terms. By using the Mobile App, you further agree that Honda may change, alter, or modify the settings or configurations on your Mobile Device used to store or access the Mobile App in order to allow for or optimize your use of the Mobile App. The Mobile App may include digital rights management controls and other technical measures to control access to the Mobile App, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not interfere with such access control measures or attempt to disable or circumvent such security features.
b. In order to access and receive certain Connected Vehicle Services, you must have an active and properly functioning factory-installed audio system in your Vehicle, you must be a registered user of HondaLink and, for certain Vehicles, have a Honda ID, you must be within range of appropriate communications networks and/or Wi-Fi access and global positioning satellites, and you must accept the applicable Connected Vehicle Service Terms (which may set forth additional requirements and limitations).
Honda may from time to time in its sole discretion develop and provide updates to HondaLink and the Connected Vehicle Services, which may include new versions, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Honda has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the Mobile App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Mobile App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of HondaLink and the Connected Vehicle Services and be subject to all of these terms unless they are subject to a different Honda license agreement. Honda reserves the right to discontinue HondaLink or the Connected Vehicle Services and to discontinue supporting the Mobile App or its network, in whole or in part.
HondaLink and the Connected Vehicle Services make use of a data network operated by your wireless or Internet service provider to send data among your Mobile Device, your Vehicle, and Honda’s, our service providers’ and, if applicable, Independent Providers’ and third-party services’, servers, and call centers. Depending on your data plan, you may incur charges from your wireless or Internet service provider for use of its network and/or for specific services such as transferring vehicle data to Honda, our service providers, and, if applicable, Independent Providers and third-party services, making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs you incur as a result of your use of HondaLink and the Connected Vehicle Services.
a. Note Regarding HondaLink Assist Automatic Collision Notification & Assistance Request (the “HondaLink Assist Services”). The HondaLink Assist Services are dependent upon cellular connection availability, Bluetooth® HandsFreeLink® phone connectivity with the Vehicle, GPS satellite signal reception, and enabling this notification via the multimedia system, each of which can limit the ability to reach either the HondaLink response center or to receive support. When our service provider receives a crash notification and/or request for assistance from your connected Bluetooth® HandsFreeLink® phone, our service provider will first attempt to verify your request, and then, if appropriate, contact third party responders to respond to your incident. You understand that neither Honda nor our service provider can assure you, or make any guarantees, about the manner or timeliness of such third party response or whether third party responders will respond to your incident in a timely manner or at all. YOUR VEHICLE HAS TO HAVE HONDALINK ASSIST SERVICES, A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER), A BLUETOOTH® HANDSFREELINK® PHONE THAT IS CONNECTED TO THE VEHICLE, AN ACTIVE CELLULAR SERVICE ACCOUNT FOR YOUR BLUETOOTH® HANDSFREELINK® PHONE, AND CONNECTION TO CELLULAR SERVICE FOR THE AUTOMATIC COLLISION NOTIFICATION AND REQUEST FOR ASSISTANCE FEATURES TO OPERATE.
Important Message Regarding Your Wireless CarrierThe HondaLink Assist Services are not a service of your wireless carrier. If you use the HondaLink Assist Services, it may require your wireless carrier to disclose your customer information, including location information, to Honda’s telematics service provider, its subcontractors engaged in providing the HondaLink Assist Services, or other third parties to respond to your request. By using the HondaLink Assist Services, you authorize your wireless carrier to disclose your information to our telematics service provider, its subcontractors, and other third parties, in each case, to enable the HondaLink Assist Services. Refer to the Honda Canada Vehicle Data Privacy Policy for more information about how the HondaLink Assist Services will collect, maintain, use, and disclose your information. If you aren't comfortable with the HondaLink Assist terms, don't use it. You acknowledge and agree that (1) your relationship with Honda is separate from your relationship with your wireless carrier; (2) your wireless carrier is not responsible for the HondaLink Assist Services; and (3) you will hold harmless your wireless carrier and its subsidiaries, affiliates, officers, employees, agents, successors and assigns from any judgments, claims, actions, losses, liabilities or expenses arising from or attributable to the HondaLink Assist Services or the acts or omissions of Honda or its subcontractors providing the HondaLink Assist Services.
b. Note Regarding Searching for Destinations from your Vehicle’s Factory-installed Multimedia System. Applicable to select Navigation-equipped Vehicle models. When searching for a destination through your Vehicle’s factory-installed multimedia system, your Vehicle’s location information will be shared with HERE. Your use of this search feature constitutes your acceptance of HERE’s End User Terms (available at https://legal.here.com/terms/) and Privacy Policy (available at https://legal.here.com/privacy/policy/). If you do not agree to HERE’s Service Terms or Privacy Policy, do not search for destinations through your Vehicle’s multimedia system.
c. Note Regarding Connected Vehicle Services That Use Location. Applicable only to Android Users. Connected Vehicle Services that require your location, such as locating your parked car or when you make a request for directions to find a point of interest or an address, use the services of Google. Your use of these Connected Vehicle Services constitutes your acceptance of the Google Maps/Google Earth Additional Terms of Service, which may be found here: www.google.com/intl/enca/help/termsmaps/, including the Google Privacy Policy found here: https://policies.google.com/privacy?gl=CA&hl=en. If you do not agree to the Google Maps/Google Earth Additional Terms of Service or Google Privacy Policy, do not use Connected Vehicle Services that require your location.
Without limiting the disclaimers and limitations of liability set forth in Section 15, you acknowledge and agree as follows: (a) HondaLink and the Connected Vehicle Services are provided to you using cloud computing services of one or more third party cloud providers; (b) the cost at which we could afford to offer HondaLink and the Connected Vehicle Services would vary if we provided HondaLink and the Connected Vehicle Services other than using the cloud services provided by the cloud providers; and (c) we shall not be responsible or liable to you for any act, omission or failure of any of these cloud providers.
HondaLink and the Connected Vehicle Services may depend upon, interact with or enable access to third-party services to connect to information, other content, services, websites, or hardware, including your Mobile Device, the network provided by your wireless or Internet service provider, your browser, email and SMS programs, dialer and other applications, which may in each case be accompanied by separate terms of use. Use of a third-party service may require that you accept additional terms of use. You must comply with the applicable terms of use when using the third-party service, HondaLink and the Connected Vehicle Services. Honda cannot assure you that these third-party services will function correctly with HondaLink or the Connected Vehicle Services, either now or at some future time. Honda does not endorse, and hereby disclaims all liability or responsibility to you or any other person for, any of these third-party services.
HondaLink and the Connected Vehicle Services may contain links to and from websites. Honda makes no representations whatsoever about any other website that you may access from HondaLink or through the Connected Vehicle Services. Honda is not responsible for the privacy practices or content of those websites and Honda expressly denies any liability whatsoever for use of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.
HondaLink and the Connected Vehicle Services (including Honda Property, as defined below) are the property of, or are licensed by, Honda Canada Inc., or the applicable Independent Provider, and are subject to copyright and other intellectual property protection. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver HondaLink and the Connected Vehicle Services or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via, HondaLink and the Connected Vehicle Services are “Honda Property.” Except as otherwise expressly permitted by these Terms, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Honda Property is prohibited. You acknowledge that Honda Property has been created, compiled, developed and maintained by or on behalf of Honda or the applicable Independent Provider at great expense of time and money such that misappropriation or unauthorized disclosure or use of Honda Property by others for commercial gain would unfairly and irreparably harm us or the applicable Independent Provider in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of these Terms, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
The HONDA name and logos are registered trademarks of Honda Motor Co., Ltd. You may not use the trademarks, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. HondaLink and the Connected Vehicle Services also may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on HondaLink or the Connected Vehicle Services, will inure solely to the benefit of their respective owners.
Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Honda Property solely to the extent necessary for you to use HondaLink and the Connected Vehicle Services for your own personal, non-commercial use, as permitted by these Terms. We reserve all other rights.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HONDA OR OUR AFFILIATES OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF, MISUSE OF, OR INABILITY TO USE HONDALINK, THE CONNECTED VEHICLE SERVICES, OR INFORMATION ON HONDALINK OR ANY OF THE CONNECTED VEHICLE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HONDA OR ITS AFFILIATES OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HONDA’S OR ANY OF OUR AFFILIATE’S OR LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) ARISING OUT OF OR RELATING TO THESE TERMS AND YOUR USE OR POSSESSION OF HONDALINK OR THE CONNECTED VEHICLE SERVICES EXCEED THE AMOUNT OF TEN DOLLARS ($10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. You should contact Honda concerning any defects or performance issues in HondaLink or the Connected Vehicle Services using the contact information provided below. We will make reasonable efforts to respond to questions relating to HondaLink or the Connected Vehicle Services, but make no representation or warranty that we will resolve all questions or that questions will be answered within a given time. Honda shall be under no obligation to provide any other support or maintenance services for HondaLink or the Connected Vehicle Services. The market or application store from where you downloaded the Mobile App has no responsibility to provide support and maintenance for the Mobile App or its installation, and all requests for any support and maintenance, and any complaints, with respect to HondaLink or the Connected Vehicle Services should be addressed to Honda Canada Customer Relations, 180 Honda Blvd., Markham, ON Canada L6C 0H9 or at 1-888-946-6329.
Unless prohibited by applicable law, in consideration of Honda providing you access to and use of HondaLink and the Connected Vehicle Services, to the maximum extent permitted by applicable law, you agree to indemnify Honda, 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 (a) your failure to comply with these Terms or any applicable Connected Vehicle Terms; (b) your access to, use of, failure to use, or inability to use HondaLink or any of the Connected Vehicle Services; (c) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly to your use of HondaLink or the Connected Vehicle Services; (d) any activities of anyone other than you in connection with any Connected Vehicle Services conducted through your account or with your user credentials or passwords; or (e) any of your other activities under or in connection with these Terms, HondaLink, or any of the Connected Vehicle Services (but excluding any Liabilities to the extent caused by our gross negligence or willful misconduct). 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.
Binding Arbitration This arbitration provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to HondaLink, the Connected Vehicle Services, or these Terms (including the validity or invalidity and scope of the agreement to arbitrate) and your relationship with us. We will attempt to resolve any disputes or claims to your satisfaction and ours. If, however, a matter arises that cannot be resolved promptly between you and us, you agree that any dispute or claim arising out of or relating to HondaLink, the Connected Vehicle Services, or these Terms and your relationship with Honda or any affiliate, including their respective employees, agents, contractors or service providers, (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) shall be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court. The obligation to arbitrate under this provision shall extend to any claims by you against any affiliate, officer, director, agent, employee, or contractor of Honda. This arbitration provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets.
Arbitration Procedures If the parties are unable to resolve any dispute or claim through informal means, either party may initiate binding arbitration of such dispute or claim by sending notice demanding arbitration to the other party. Any demand for arbitration must be made within the shorter of the applicable statute of limitations or one year after the cause of action has accrued. The arbitration of any dispute or claim shall be administered by the Canadian Arbitration Association (“CAA”) and shall be conducted before a single arbitrator pursuant to the applicable rules established by the CAA. The CAA rules and information about arbitration and fees are available online at https://canadianarbitrationassociation.ca/. If the CAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, you and we agree that a substitute administrator or arbitrator shall be appointed by the court. Unless we and you agree otherwise, any arbitration hearings will take place in the city of your billing address. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would, except that the arbitrator shall have no authority to award punitive, exemplary or multiple damages. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration Arbitration fees shall be determined in accordance with the arbitration rules. Each party will bear the fees and expenses of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, a party may recover any or all fees and expenses from another party if the arbitrator, applying applicable law, so determines. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if such an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not on a class, mass, representative, or private attorney general basis. You and we further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
If any part of this provision is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this provision shall remain in effect, with the exception that if a court or arbitrator determines in an action between you and us that the above class action waiver is unenforceable, then this provision will be void as to you.
This Governing Law provision does not apply to consumers in Quebec. If you are a resident of Quebec, these Terms will be governed by the substantive laws of the province of Quebec or federal laws of Canada applicable therein, without regard to its or any other jurisdiction’s conflict of laws principles that would apply another law. Unless prohibited by applicable law, and to the extent permitted under applicable law, these Terms and use or operation of HondaLink and the Connected Vehicle Services are governed by the substantive laws of the province of Ontario, Canada, without regard to its or any other jurisdiction’s conflict of laws principles that would apply another law. The United Nations Convention for the International Sale of Goods is hereby disclaimed. If the arbitration provision is ever deemed unenforceable or void or not applicable to the specific claim, or prohibited by law, any legal action arising out of or related to these Terms and use or operation of HondaLink and the Connected Vehicle Services shall be filed in and heard by the court with jurisdiction to hear such disputes in your jurisdiction of residence, and you hereby submit to the jurisdiction of such courts.
Honda’s licensors and its affiliates that are controlled by or under common control with Honda are intended third party beneficiaries of Sections 15 and 16, and all of Honda’s disclaimers and limitations of liability in these Terms.
In no event will we be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside our reasonable control. Without limiting the foregoing, in the absence of our gross negligence or willful misconduct, we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with HondaLink or any of the Connected Vehicle Services.
We provide HondaLink and the Connected Vehicle Services for use only by persons located in Canada. The information provided in connection with HondaLink and the Connected Vehicle Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Honda to any registration requirement within such jurisdiction or country. We make no claims that HondaLink and the Connected Vehicle Services or any of their content is accessible or appropriate outside of Canada. Access to HondaLink and the Connected Vehicle Services may not be legal by certain persons or in certain countries. If you access HondaLink or any of the Connected Vehicle Services from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
You may terminate your use of HondaLink and the Connected Vehicle Services at any time. In order to discontinue sending information related to HondaLink and/or the Connected Vehicle Service(s) that you wish to terminate to Honda, our service providers and, if applicable, Independent Providers or any third-party services, you must affirmatively opt out of HondaLink and/or the Connected Vehicle Service(s). Neither discontinuing use of HondaLink or a Connected Vehicle Service, nor deleting a Mobile App from your Mobile Device, is sufficient to stop information from being sent to Honda, our service providers and, if applicable, Independent Providers and third-party services. If you have questions about how to opt out of HondaLink or any Connected Vehicle Services, please contact us at 1-888-946-6329 and select the prompt for HondaLink. Please note that, even if you choose to opt out of HondaLink and all of the Connected Vehicle Services, some limited vehicle data may still be collected to improve vehicle quality and to deliver any services related to the Vehicle.
Any provisions contained in this Section 22 that are inconsistent with s. 11 of the Quebec Consumer Protection Act are inapplicable to consumers in Quebec. Unless prohibited by applicable law, and to the extent permitted under applicable law, we reserve the right to suspend your account or access to HondaLink and the Connected Vehicle Services at any time if we believe you are in breach of these Terms or any applicable Connected Vehicle Service Terms. We reserve the right to terminate these Terms or to cease to offer HondaLink or any of the Connected Vehicle Services at any time on written notice to you, including by email or posting on the MyGarage website, for any reason or no reason.
If your account is terminated for any reason or no reason, you agree: (a) to immediately stop using HondaLink and the Connected Vehicle Services and to delete and purge the Mobile App from your Mobile Device; (b) that the license and rights provided by us under these Terms shall end; and (c) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of HondaLink and the Connected Vehicle Services or for termination of access to your account. Sections 1, 2, 4, 6, and 8 through 28, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination of these Terms.
23.Entire Agreement. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between Honda and you regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
24.Assignment. Your registration, these Terms and your rights and obligations hereunder are not assignable, sublicensable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, sublicense, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate these Terms (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. These Terms will be binding upon and inure to the benefit of the parties’ successors and permitted assigns.
25.Electronic Assent. These Terms may be executed electronically, and your electronic assent or use of HondaLink or any of the Connected Vehicle Services shall constitute execution of these Terms. You agree that the electronic text of these Terms constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
26.Waiver. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. Except to the extent prohibited by applicable law, you irrevocably agree that you waive any and all rights to injunctive or other equitable relief.
27.Interpretation of Terms. Except as otherwise expressly provided herein, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of these Terms. This Agreement is a contract used in relations with persons outside of Quebec. The parties expressly agree to contract in the English language.
28.Terms Applicable if Accessing the Mobile App Through an Apple Device. If you are accessing or using the Mobile App through an Apple device, the following additional terms are applicable to you and are incorporated into these Terms by this reference:
(a) To the extent that you are accessing the Mobile App through an Apple device, you acknowledge that these Terms are entered into between you and Honda, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as third party beneficiary as contemplated by Section 28 (i) of these Terms below. You acknowledge that Honda, and not Apple, is responsible for providing the Mobile App and content thereof.
(b) The license to the Mobile App granted in Section 5 of these Terms is further limited to installing and using the Mobile App only on an iPhone or iPad that you own or control and as permitted by the Usage Rules set forth in the Mobile App Store Terms of Service (see https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html). For purposes of clarity, the license granted to you in Section 5 of these Terms is non-transferable.
(c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Mobile App. To the extent that there are any such maintenance or support obligations under applicable law or the terms of these Terms, Honda is solely responsible.
(d) In the event of any failure of the Mobile App to conform to any applicable warranty (none of which is granted under these Terms), you may notify Apple, and Apple will refund the purchase price for the Mobile App to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any after giving effect to the disclaimers of warranties and limitations of liability in these Terms) will be Honda’s sole responsibility.
(e) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Honda, Honda, and not Apple, is responsible for addressing any claims you or any third party may have relating to the Mobile App, or your possession and/or use thereof, including: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit Honda’s liability to you beyond what is permitted by applicable law.
(f) You agree that in the event of a third party claim that the Mobile App or your possession and use of the Mobile App infringes on a third party’s intellectual property rights, Honda (and not Apple) will be solely responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(g) If you have any questions, complaint or claims with respect to the Mobile App they should be directed to Honda Canada Inc., ATTN: Honda Canada Customer Relations, 180 Honda Blvd., Markham, ON Canada L6C 0H9 or at 1-888-946-6329.
(h) You agree to comply with applicable third party terms of agreement when using the Mobile App.
(i) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
All rights that are not expressly granted under these Terms are reserved by Honda.
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