DRIVER DISTRACTION MAY OCCUR IF THIS PHONE APPLICATION OR WEBSITE IS VIEWED WHILE OPERATING A MOTOR VEHICLE. DRIVING WHILE DISTRACTED CAN RESULT IN THE LOSS OF VEHICLE CONTROL, RESULTING IN A COLLISION CAUSING PROPERTY DAMAGE, SERIOUS INJURY, OR DEATH. A DRIVER SHOULD NOT USE ANY DEVICE OR THIS PHONE APPLICATION WHILE OPERATING A MOTOR VEHICLE.
Terms & Conditions
These Terms & Conditions are applicable to your access to and use of the websites, mobile applications, and other online services operated by Mazda Motor of America, Inc., d/b/a Mazda North American Operations (also, “our”, “us”, or “we”) that link to or incorporate these Terms & Conditions (the “Online Services”). Your access to and use of any of the Online Services, and the information, materials, products, and services available through such Online Services are subject to these Terms & Conditions, regardless of whether you possess an account through the Online Services linked to your name and/or contact information (“Account”). By accessing or using the Online Services, you acknowledge that you understand and agree to be bound by these Terms & Conditions. If you do not understand or agree to be bound by these Terms & Conditions, do not access or use the Online Services.
We reserve the right to modify these Terms & Conditions, in whole or in part, in our own discretion at any time. Such modifications shall be effective immediately upon the linking of modified Terms & Conditions to the Online Services, and if you possess an Account, by communicating the modifications to you either (i) when you log in to the Online Services, or (ii) by sending them to contact information that you have provided to us. You agree to comply with, and be bound by, any such modifications either (i) by continuing to use or access the Online Services after modified Terms & Conditions are posted to the Online Services, or (ii) if you possess an Account, by not requesting to terminate your Account within seven (7) days after receiving a notice of modifications as described above.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
All text, images, graphics, animation, videos, music, sounds, and other materials on the Online Services are subject to the copyrights and other intellectual property rights of Mazda Motor of America, Inc., its affiliated companies, and its licensors. Mazda Motor of America, Inc. holds the copyrights in the selection, coordination, and arrangement of the materials on the Online Services. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other websites. Notwithstanding the foregoing, you may view, use, download, and print selected portions of the Online Services solely for your own personal, non-commercial, informational use, provided that you do not republish these materials and that you keep intact all copyright, trademarks, servicemarks, attributions, patents, and other proprietary notices.
YOUR PROVISION OF INFORMATION TO US
When you provide information about yourself to us, such as through the Online Services, you agree to: (a) provide accurate, current, and complete information about yourself, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we retain the right to suspend or terminate any Account you establish and/or to refuse any or all current or future use of the Online Services or any portion thereof.
You agree to comply with all applicable laws, rules, and regulations when using the Online Services. You agree to not take any action that interferes with the proper working of the Online Services, compromises the security of the Online Services, or otherwise damages the Online Services or any materials and information available through the Online Services. You agree not to use the Online Services for any purpose that is unlawful or prohibited by these Terms & Conditions, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
You agree not to attempt to gain unauthorized access to any portion or feature of the Online Services, to any other systems or networks connected to the Online Services, to any of our servers, or to any of the services offered on or through the Online Services, including but not limited to by hacking, password “mining”, or any other unauthorized means.
You agree not to probe, scan, or test the vulnerability of the Online Services or any network connected to the Online Services, not to breach the security or bypass the authentication measures on the Online Services or any network connected to the Online Services, and not to upload any viruses or other malicious code to the Online Services. You agree not to attempt to reverse-look-up, trace, or seek to obtain any information about any other user of or visitor to the Online Services, or any other Mazda customer, including information associated with any Account not registered to or managed by you. You agree not to use the Online Services, or any service or information made available or offered by or through the Online Services, in any way where the purpose is to reveal any information, other than your own information or information that we make available to you through the Online Services.
You agree not to use any automated means to collect information or content from or otherwise access the Online Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
THIRD PARTY WEBSITES AND SERVICES
For your convenience, the Online Services may contain links to or at times redirect you to other websites and online services owned or controlled by third parties (collectively referred to as “Third-Party Service(s)”), including but not limited to the Roadside Assistance functionality of the MyMazda mobile phone application (“MyMazda”). Third-Party Services also include any connections made by the Online Services, at your request, to third-party social networking websites that are not owned or controlled by us, and any websites or online services owned or operated by third-party Mazda Dealers, such as when you request a quote, search dealer inventory, apply for financing, or shop for genuine Mazda accessories through accessories.mazdausa.com.
These Third-Party Services are not under our control, and you acknowledge and agree that your use of such Third-Party Services is subject to any relevant third-party terms and conditions, if applicable, and any information collected by such Third-Party Services is subject to those third-parties’ respective privacy policies. We recommend that you check the privacy policies of any linked Third-Party Services before providing any information to them.
You further acknowledge and agree that we and our affiliated companies are not responsible or liable for the accuracy, collection or use or disclosure of information, copyright compliance, legality, decency, or any other aspect of such Third-Party Services, or the content displayed on or through them. The inclusion of a link in the Online Services to such Third-Party Services does not imply our endorsement of any such Third-Party Service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked Third-Party Service.
LINKS TO ONLINE SERVICES
Unless otherwise set forth in a written agreement between you and us, you must not include a link to any of our Online Services on any website or online service that you own, control, or operate except when complying with the following: (i) any link to the Online Services must be a text-only link clearly marked "external link to www.MazdaUSA.com," (ii) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with any Mazda name or trademark, (iii) the link must take users directly to one of the Online Services without redirecting the user to any intermediate page, other than an interstitial that notifies users that they are leaving your website, (iv) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us, and (v) when clicked on by a user, the link must display one of the Online Services in a full browser screen and not within a "frame" on the linking website. Notwithstanding compliance with the foregoing, we reserve the right to request that any person or entity remove a link to any portion of the Online Services at any time and in our sole discretion.
INFORMATION, NEWS, PRESS RELEASES AND ILLUSTRATIONS
The Online Services may contain information about our company, such as news and press releases. You acknowledge that we have no duty or obligation to maintain or update any such information, and agree that your reliance on any such information is at your own risk.
Information and illustrations on this Website are based on the latest competitive and Mazda product information available at the time of posting. Some equipment shown is optional at extra cost; specific options may be available only in combination with other options. Specific combinations of equipment, features, colors, and interiors may vary from time to time and by geographic area. Colors in illustrations may vary from actual upholstery or paint colors due to reproduction and the specifications of users' computer hardware and software. Mazda reserves the right to make changes without notice in product content and price at any time.
Currently, all prices listed on the Online Services reflect the manufacturer's suggested retail price (MSRP) for vehicles and accessories sold in the continental United States. Actual dealer prices may vary. While Mazda makes every effort to list accurate MSRP information on this Web site, Mazda is not responsible for pricing errors arising from technical malfunction of computer hardware and software.
REGISTRATION AND PASSWORDS
The Online Services may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Online Services. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or Account. You agree to notify us immediately of any unauthorized use of your login ID, password, or Account, or any other breach of security involving access to the Online Services through your Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or Account as a result of your failing to keep your Account information secure and confidential.
OPERATION OF THE ONLINE SERVICES
We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (1) modify, suspend, or terminate operation of or your access to the Online Services, or any portion of the Online Services, including but not limited to for your violation of these Terms & Conditions; (2) modify or change the Online Services, or any portion of the Online Services; and (3) interrupt the regular operation of the Online Services, or any portion of the Online Services, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Online Services.
DISCLAIMER OF WARRANTIES
THE ONLINE SERVICES AND ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE ONLINE SERVICES AND ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE ONLINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION & ARBITRATION
These Terms and Conditions shall be treated as though they were executed and performed in California and shall be governed by and construed in accordance with the laws of California (without regard to conflict of law principles).
We expect that our customer service team will be able to resolve most issues you may have using the Online Services. You can contact our customer service team as described in the “Contact Us” section below. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Mazda agree to the following resolution process.
In an attempt to find the quickest and most efficient resolution of our issues, you and Mazda agree to first discuss any issue informally for at least 30 days. To do that, please send your full name, your email and/or mailing address, your concern, and your proposed solution by certified mail to us at: 200 Spectrum Center Drive, Suite 100, Irvine, CA 92618-5004, Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using an email or mailing address we have on file for you.
IF WE DO NOT REACH AN AGREED UPON SOLUTION AFTER OUR DISCUSSIONS FOR AT LEAST 30 DAYS, YOU AND MAZDA AGREE THAT ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS (INCLUDING FORMATION, PERFORMANCE, OR BREACH OF THEM), OUR RELATIONSHIP WITH EACH OTHER, OR USE OF THE ONLINE SERVICES MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION USING ITS CONSUMER ARBITRATION RULES, AVAILABLE HERE. AS AN EXCEPTION TO THIS ARBITRATION AGREEMENT, EITHER YOU OR MAZDA MAY PURSUE IN SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT'S JURISDICTION AS LONG AS YOU PROCEED ONLY ON AN INDIVIDUAL BASIS.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN CALIFORNIA, IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.
TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND MAZDA AGREE TO BEGIN ANY ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
YOU AND MAZDA ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
Rather than force everyone to visit us in California, if you can demonstrate to us that arbitration in California would create an undue burden to you, we will allow you to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Orange County, California. Any disagreements regarding the forum for arbitration will be settled by the arbitrator.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. Regardless of who initiates the arbitration, Mazda will pay any other arbitration fees, including your share of arbitrator compensation.
IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND MAZDA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY FOR CLAIMS THAT ARE COVERED BY THIS “DISPUTE RESOLUTION AND ARBITRATION ” SECTION. THE ARBITRATOR'S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
If the arbitrator rules against Mazda, in addition to accepting whatever responsibility is ordered by the arbitrator, Mazda will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in Mazda’s favor, it will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration.
If you're not sure what all of this means, of course please feel free to ask an attorney.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to your violation of these Terms & Conditions or your use or misuse of the Online Services.
CHOICE OF LAW AND JURISDICTION
You agree that these Terms & Conditions will be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws rules of any jurisdiction, and that any dispute arising out of or relating to these Terms & Conditions or your access to or use of the Online Services will be subject to the exclusive jurisdiction and venue of the courts located within the State of California. You agree to the personal jurisdiction and venue of these courts. Because some jurisdictions do not permit the choice of law, jurisdiction, or venue, these requirements may not apply to you.
You acknowledge that any breach or threatened breach of these Terms & Conditions will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.
If any provision of these Terms & Conditions is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms & Conditions unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Any waiver by us of a breach of any provision of these Terms & Conditions shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms & Conditions. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms & Conditions on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms & Conditions in the future.
If you have any questions or concerns about the Online Services or these Terms & Conditions, please contact us here.
Effective Date: September 10, 2018