CONNECTIVITY TERMS & CONDITIONS

These Connectivity Terms & Conditions (the “Connectivity Terms & Conditions”) are a legal agreement between you, an owner or lessee of a Connected Vehicle (defined below), and Mazda Motor of America, Inc., d/b/a Mazda North American Operations (“us”, “our”, or “we”).  These Connectivity Terms & Conditions are applicable to our collection of data generated by your Mazda vehicle equipped with a factory-installed telematics system (“Connected Vehicle”), which data is remotely transmitted to us for certain business purposes, and for us to provide you with available connected services (collectively, “Connectivity”).  For clarity, the term Connectivity, as it is used throughout this Connectivity Privacy Policy, refers to both our automatic collection and use of Default Data, as defined below, along with our collection and use of data and information if you elect to use our optional, subscription-based offering available on your Connected Vehicle, “Mazda Connected Services”.  These Connectivity Terms & Conditions incorporate by reference our Connectivity Privacy Policy.  Please note that these Connectivity Terms & Conditions are specific to our Connectivity offerings, and do not apply to: our websites, applications, and other online services that we provide (“Online Services”); any third-party websites or applications that we do not own, operate, or control; or features available through your Connected Vehicle’s Mazda Connect infotainment system.  For information regarding our Online Services, please review our Online Services Terms and Conditions and Privacy Policy.  For details regarding Mazda Connect, please refer to your Owner’s Manual.

AUTOMATIC COLLECTION, USE, AND SHARING OF DEFAULT DATA

All of our Connected Vehicles contain an in-vehicle Telematics Control Unit (TCU), which is activated on or before the Connected Vehicle’s delivery to a Mazda dealer, and allows us to collect and transmit certain Default Data from the Connected Vehicle.  The Default Data is generated within the Connected Vehicle, collected by either the TCU or other in-vehicle system (excluding the Electronic Data Recorder (EDR)), and transmitted to us via the TCU.  For full information on our automatic collection, use, and sharing of Default Data, including what Default Data we collect, please review our Connectivity Privacy Policy

WE AUTOMATICALLY COLLECT CERTAIN DEFAULT DATA FROM THE CONNECTED VEHICLE ON AN ONGOING BASIS. ONLY WE CAN DEACTIVATE THE TCU AND DISABLE OUR COLLECTION OF ALL DEFAULT DATA. NOTE THAT THE SALE, TRANSFER, OR LEASE TERMINATION OF A CONNECTED VEHICLE WILL NOT DISABLE AUTOMATIC DEFAULT DATA COLLECTION.  

IF YOU WOULD LIKE TO DISABLE OUR COLLECTION OF DEFAULT DATA FROM YOUR CONNECTED VEHICLE, PLEASE CONTACT OUR CUSTOMER EXPERIENCE CENTER AT 1-800-222-5500.  ADDITIONAL INFORMATION REGARDING CONTACTING US IS AVAILABLE HERE.

YOUR AGREEMENT TO AND OBLIGATIONS REGARDING OUR COLLECTION AND USE OF DEFAULT DATA

BY USING A CONNECTED VEHICLE THAT YOU HAVE PURCHASED OR LEASED, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO THESE CONNECTIVITY TERMS & CONDITIONS, INCLUDING OUR AUTOMATIC COLLECTION OF DEFAULT DATA, AND THE APPLICABLE DATA COLLECTION, USE, SHARING, AND RETENTION TERMS CONTAINED IN THE CONNECTIVITY PRIVACY POLICY.   YOU FURTHER UNDERSTAND AND AGREE THAT, AS THE OWNER OR LESSEE OF A CONNECTED VEHICLE, IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY OTHER DRIVER OR PASSENGER OF YOUR CONNECTED VEHICLE IS SUFFICIENTLY AWARE OF OUR AUTOMATIC COLLECTION AND USE OF DEFAULT DATA, AND ALL APPLICABLE TERMS CONTAINED IN THE CONNECTIVITY PRIVACY POLICY.   

IF YOU WOULD LIKE TO DEACTIVATE OUR COLLECTION OF DEFAULT DATA FROM YOUR CONNECTED VEHICLE, PLEASE CONTACT OUR CUSTOMER EXPERIENCE CENTER AT 1-800-222-5500.  FOR ADDITIONAL INFORMATION REGARDING CONTACTING US, PLEASE CLICK HERE.

NOTE THAT DEACTIVATION OF OUR AUTOMATIC COLLECTION OF THE DEFAULT DATA WILL PRECLUDE YOU FROM USING MAZDA CONNECTED SERVICES, UNDER EITHER A COMPLIMENTARY PERIOD OR PAID SERVICE PLAN, AND YOUR ACCESS TO ANY CONNECTED SERVICES UNDER AN ACTIVE COMPLIMENTARY PERIOD OR PAID SERVICE PLAN WILL BE TERMINATED IMMEDIATELY UPON YOUR DEACTIVATION OF OUR COLLECTION OF AUTOMATIC DEFAULT DATA.

MAZDA CONNECTED SERVICES SUBSCRIPTION AGREEMENT

This Subscription Agreement is a legal agreement (the “Subscription Agreement”) between you, an owner or lessee of a Connected Vehicle, and Mazda Motor of America, Inc., d/b/a Mazda North American Operations (“us”, “our”, or “we”).  This Subscription Agreement incorporates by reference the Connectivity Terms & Conditions, which includes the Connectivity Privacy Policy.  Mazda Connected Services is only available in Connected Vehicles, and your consent to this Subscription Agreement is required to access and use any connected functionality available in Mazda Connected Services.  From time to time, this Subscription Agreement may be amended by us, without notice to you, and in our sole discretion. The most current Subscription Agreement is available on our website at https://www.mazdausa.com/site/terms-of-use-connectedservices

ACCESSING MAZDA CONNECTED SERVICES

You can only access and use Mazda Connected Services if you own or lease a Connected Vehicle, have an active account in our MyMazda mobile application (“MyMazda” or “MyMazda App”), and you accept this Subscription Agreement.  This Subscription Agreement can only be accepted by you in your MyMazda account.  Click here for information on enrolling in MyMazda.

Primary User

As the owner or lessee of a Connected Vehicle, you will become the Primary User of Mazda Connected Services for your Connected Vehicle when you accept this Subscription Agreement in MyMazda.  There may be only one Primary User per Connected Vehicle/Vehicle Identification Number (VIN).

Secondary User(s)

As the Primary User of your Connected Vehicle’s Mazda Connected Services, you can designate one or more additional Secondary Users, who will also have access to Mazda Connected Services, provided each Secondary User has an active MyMazda account, and accepts the “Important Notice for Secondary Users of Mazda Connected Services”.  It is your responsibility to ensure that any Secondary User you designate is of legal driving age for the relevant jurisdiction.  The Primary User may discontinue any Secondary User’s access to Mazda Connected Services at any time.

COMPLIMENTARY PERIOD OF MAZDA CONNECTED SERVICES

Access to a complimentary period of Mazda Connected Services is included on new Connected Vehicles only.  The complimentary period of Mazda Connected Services will begin on the original purchase or lease date, or the in-service date of the Connected Vehicle, whichever is earlier. Solely during the complimentary period, the cost of Mazda Connected Services, along with any related taxes and other applicable charges, are included at no fee to you.  If the Connected Vehicle is sold or transferred during the complimentary period, the new owner or lessee will be able to subscribe to Mazda Connected Services and receive the benefit of any remaining time in the Complimentary Period, if applicable.  You cannot transfer your complimentary period of Mazda Connected Services to another Connected Vehicle.

By accepting this Subscription Agreement, you will be enrolling in a complimentary period of Mazda Connected Services and receiving the following connected functionalities:

Mazda Connected Services complimentary period
Included Connected functionalities

Remote Services – Complimentary Period 3 Years
Vehicle Health Services – Complimentary Period 3 Years
Navigation Services* – Complimentary Period 3 Years

 
*Send-to-Car feature is only available if you have or install the Mazda Navigation SD Card in your Connected Vehicle.

SERVICE PLAN FOR MAZDA CONNECTED SERVICES

Following the complimentary period, if applicable, you have the option to purchase Mazda Connected Services on an annual or monthly subscription basis (“Service Plan”).  Service Plans will vary to contain some or all of the connected functionality options then currently available with Mazda Connected Services.  We will provide you with detailed information regarding your Service Plan options prior to the expiration of the complimentary period.  

CANCELLATION OF MAZDA CONNECTED SERVICES

Your Cancellation Rights

You can cancel Mazda Connected Services at any time, with or without cause, and for either a complimentary period or paid Service Plan, by logging-into your MyMazda account and canceling your Mazda Connected Services subscription.  There is no charge to cancel your subscription.  The cancellation effective date is the date you cancel your subscription in the MyMazda App, and, upon such cancelation, we have the right to immediately turn off access to Mazda Connected Services for you and all of your designated Secondary Users, if applicable. 

NOTE THAT CANCELING YOUR MAZDA CONNECTED SERVICES SUBSCRIPTION WILL NOT DISCONTINUE OUR AUTOMATIC COLLECTION OF DEFAULT DATA.

It is your responsibility to cancel your Mazda Connected Services subscription prior to selling, transferring, or terminating the lease on your Connected Vehicle.  We reserve the right to immediately cancel your complimentary period or Service Plan once notified of the sale or lease termination of your Connected Vehicle by you, a dealer, or new owner/lessee.

Our Cancellation Rights

Without Cause: We may terminate your subscription at any time without cause, immediately, and without providing any prior notice to you.  This means that we can decide to cease providing Mazda Connected Services to you at any time and for any reason, even for reasons unrelated to you or your subscription with us.  We can also suspend your subscription at any time and for any reason.

With Cause: We may terminate your subscription for any good cause, at any time, and without prior notice to you. This means, for example, we can terminate your subscription immediately if you breach any part of this Subscription Agreement, interfere with our Connectivity efforts, interfere with our business, or if you use the Connectivity for illegal or improper purposes. You do not have any right to have your subscription reactivated, even if you cure any of these issues. We may, in our sole discretion, allow reactivation of your subscription.  

DATA COLLECTION

As a subscriber to Mazda Connected Services, your Connected Vehicle will automatically transmit Default Data to us on an ongoing basis.  Transmission of Default Data is required to receive Mazda Connected Services, and we will automatically terminate your subscription if you disable our ability to collect Default Data from your Connected Vehicle.  

In addition to our automatic collection of Default Data from your Connected Vehicle, as a subscriber to Mazda Connected Services, you as Primary User and any of your Secondary Users will be required to provide us with certain additional information that we need in order to provide Mazda Connected Services, and you may provide other, optional information to enhance your user experience.

For full details on what information and data we collect from you and your Connected Vehicle related to Mazda Connected Services and how we use it, please review our Connectivity Privacy Policy.

VEHICLE IDLING

Many state and local governments have adopted laws or ordinances that limit vehicle idling and impose penalties for noncompliance. When using the Remote Engine Start feature, you agree that you are solely responsible to understand and comply with all such idling laws, and you are solely responsible for any noncompliance infractions and/or penalties.

HOW CONNECTIVITY WORKS, RESTRICTIONS, AND LIMITATIONS

How Connectivity Works

Your Connected Vehicle includes a telematics control unit (“TCU”) that receives Global Position System (“GPS”) signals and wireless network signals to communicate with our network and response centers.

Coverage Limitations

The physical location of your Connected Vehicle, particularly in remote or enclosed areas (e.g., tunnels, mountain ranges, hills, buildings, underground parking) may affect the availability of Connectivity, including Mazda Connected Services and related connected functionalities.  Connectivity and Mazda Connected Services may not be available in geographic areas not covered by our Wireless Service Provider (“WSP”).

Cross-Border Service Availability

Connectivity is available in Connected Vehicles sold by us in the United States, inclusive of the District of Columbia, Alaska, and Hawaii (the “Territory”).  Connectivity may be limited or not work if the Connected Vehicle is physically located outside of the Territory.

Connectivity Limitations

  • Your Connected Vehicle does not have the ability to receive or place calls (mobile phone with Bluetooth connection is required).
  • Your Connected Vehicle must have a working electrical system, including adequate battery power, for Connectivity to operate.
  • Connectivity may not work if:
    • i. The hardware or software in your Connected Vehicle’s system or MyMazda has been modified or tampered with, or if other devices are plugged into the Connected Vehicle’s electrical system or diagnostic port;
    • ii. Your Connected Vehicle is not compliant with government regulations and law;
    • iii. Your Connected Vehicle is damaged in a way that restricts services, wireless communication, or GPS signals;
    • iv. Digital cellular telephone signals are terminated or restricted.
  • Connectivity may fail, or be delayed, due to acts of nature, or forces, or causes beyond our reasonable control, including, but not limited to, weather conditions and the results thereof, public utility failure, acts of war, government actions, terrorism, civil disturbances, wireless network congestion, or system failures including internet, computer, telecommunications, or other system failures. 

THIRD PARTY SERVICE PROVIDERS AND BENEFICIARIES

We contract with different third-party companies to provide you with Connectivity, including, but not limited to, a WSP and a Telematics Service Provider (“TSP”) (“Third-Party Service Provider(s)”). We will use reasonable efforts to contact the appropriate Third-Party Service Provider(s) as needed to provide you with requested assistance related to Connectivity and Mazda Connected Services, but we cannot promise prompt responses from the Third-Party Service Provider(s). 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING THIRD-PARTY SERVICE PROVIDERS AND THAT YOU ARE NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US OR OUR PARENT COMPANY OR AFFILIATES (COLLECTIVELY, “MAZDA FAMILY OF COMPANIES”) AND THE THIRD-PARTY SERVICE PROVIDERS. IN ADDITION, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THIRD-PARTY SERVICE PROVIDERS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.

YOUR DUTIES AND RESPONSIBILITIES

It is your responsibility to ensure your Connected Vehicle and Mazda Connected Services are working. You are solely responsible for any use of your Connected Vehicle and the Mazda Connected Services, even if you are not the one using the Connected Vehicle or the Mazda Connected Services, and even if you later claim the use was not authorized. You are also solely responsible for the Mazda Connected Services requested by you, or by anyone using your Connected Vehicle. Neither we nor any Third-Party Service Provider has any obligation to inquire about the authority of anyone using your Connected Vehicle. Neither we nor any Third-Party Service Provider has any obligation to inquire about the authority of anyone using your personally identifiable information that can be used to identify your MyMazda account to request services for your Connected Vehicle. If you or a driver of your Connected Vehicle uses the Connected Services or systems in the Connected Vehicle to commit a crime or for another improper purpose, you will be solely responsible for any damages owed by us as a result of such use. You are entirely responsible for any transaction with anyone in connection with your use of the Mazda Connected Services, and any use that you make of any information received from or through Mazda Connected Services.

When you use the Mazda Connected Services, you promise:

  • Not to use the Mazda Connected Services for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of Mazda Connected Services to our other customers;
  • Not to abuse or do anything to damage our business operations, services, reputation, employees, facilities, or any of the foregoing for our Third-Party Service Providers;
  • Not to use any content you receive through Mazda Connected Services except as expressly authorized by us;
  • Not to resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any content you receive through Mazda Connected Services; and
  • Not to use any content you receive through Mazda Connected Services for commercial purposes.

If you or any of your designated Secondary Users do any of these things, you agree you will be solely responsible for any payment of any amount of any third-party claim owed by us or our Third-Party Service Providers, plus any expenses, resulting in whole or in part, from such actions taken by you or your Secondary Users.

Vehicle Insurance

You are responsible for your maintaining legally required vehicle insurance on your Connected Vehicle. Connectivity and Mazda Connected Services is not an insurance product and does not provide you with liability insurance for your Connected Vehicle.

Passengers and Drivers of Your Connected Vehicle

You are responsible to inform any passengers or other drivers of your Connected Vehicle that Default Data is collected and used by us and shared with third-parties as described in this Subscription Agreement and the Connectivity Privacy Policy.

Sales or Transfer of Your Connected Vehicle

You are responsible to notify us of a sale or transfer of your Connected Vehicle. If you do not notify us of a sale or transfer of your Connected Vehicle, we may continue to send reports or other information about the vehicle or account to the Primary User’s contact information currently on file with us. In such case, we are not responsible for any privacy related damages or claims you may suffer.

SECURITY

We take information security seriously and continuously strive to improve our protection of your information and data; please refer to our Connected Services Privacy Policy for full information on our security practices. 

NO WARRANTIES ON INFORMATION OR SERVICES

Your Connected Vehicle may have a limited warranty that includes your TCU and available Mazda Connected Services feature. However, we, nor the Mazda Family of Companies, and/or any Third-Party Service Provider makes any warranties, express or implied, to you about the TCU or Mazda Connected Services (including the content or other information delivered to you as part of the Mazda Connected Services), or the wireless service used in connection with your Mazda Connected Services, including any warranty of merchantability or fitness for a particular purpose. All data and information is provided to you on an “as-is” basis. This means we make no warranties in connection with the content, quality, accuracy, timeliness, completeness, correctness, reliability, merchantability, or fitness for a particular purpose. All warranties with respect to the Mazda Connected Services, the wireless service, or any system used or provider by a Third-Party Service Provider are expressly disclaimed and excluded by this Subscription Agreement.

LIMITATIONS OF LIABILITY, LIQUIDATED DAMAGES, INDEMNITY

You and we are each waiving important rights.

Limitation of Liability by Us: We cannot recover from you (1) punitive damages, (2) treble, consequential, indirect, or special damages, or (3) attorney’s fees.

We waive to the fullest extent allowed by law any claim for damages other than direct, compensatory damages as limited in this agreement.

Neither we, our Mazda Family of Companies, nor any Third Party Service Provider or beneficiary will be liable to you or any other party for consequential, indirect, incidental, special, or punitive damages (including, without limitation, lost profits) in connection with the Connectivity or Mazda Connected Services, even if we, any of our Mazda Family of Companies, or a Third Party Service Provider or beneficiary is aware of the possibility of such damages. These limitations apply to all claims, including, without limitation, claims in contract and tort (such as negligence, product liability, and strict liability). Some states do not allow the exclusion or limitation of incidental or consequential damages, so those particular limitations may not apply to you. If a Third Party Service Provider terminates or restricts wireless service compatible with your vehicle, Connectivity will not be available, and, under this circumstance, some or all of your Mazda Connected Services may be suspended or terminated without prior notice to you and without any liability to us, our Mazda Family of Companies, Third Party Service Providers, or any third party beneficiary.

If we, any of our Mazda Family of Companies, or any Third Party Service Provider or beneficiary are found liable to you for any reason, you agree that the aggregate liability of all these parties to you for any claim is limited to the total amount paid by you for the Mazda Connected Services. Neither us, our Mazda Family of Companies, nor any Third Party Service Provider or beneficiary would have agreed to provide the Mazda Connected Services to you if you did not agree to this limitation. This amount is the sole and exclusive liability of us, our Mazda Family of Companies, and any Third Party Service Provider or beneficiary to you, and is payable as liquidated damages and not as a penalty. Except where prohibited by law, you may not bring any claim against us, any of our Mazda Family of Companies, or any Third Party Service Provider or third party beneficiary more than one (1) year after the claim arises.  No one is liable to you for interrupted service, or for problems caused by or contributed to by you, by any third party, by building, hills, tunnels, network congestion, weather, or any other things we, our Mazda Family of Companies, or our Third Party Service Providers do not control.

Limitations of Liability by You: BY ENTERING INTO THIS SUBSCRIPTION AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING IMPORTANT RIGHTS. YOU AGREE NOT TO MAKE, AND WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. NEITHER WE, ANY OF OUR MAZDA FAMILY OF COMPANIES, NOR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS ARE LIABLE TO YOU FOR DROPPED CALLS, INTERRUPTED SERVICE, OR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD-PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, ATMOSPHERIC CONDITIONS, OR OTHER THINGS WE, OUR MAZDA FAMILY OF COMPANIES, AND OUR THIRD-PARTY SERVICE PROVIDERS DO NOT CONTROL, BY OVER THE AIR UPDATES, OR BY ANY ACT OF GOD OR NATURAL DISASTER.

For yourself and for anyone else claiming under you, you agree to release and discharge Mazda Motor of America, Inc., the Mazda Family of Companies, and its/their Third Party Service Providers and third party beneficiaries, and, for each, their parents, affiliates, and subsidiaries, and the respective officers, directors, and employees, from all claims, liabilities and losses in connection with the Connectivity and Mazda Connected Services, including, but not limited to claims for personal injury or property damage arising from the total or partial failure of performance of Connectivity or the Mazda Connected Services, even if caused by or based upon the negligence, gross negligence, strict product liability, Deceptive Trade Practices Act violations, bad faith, or breach of warranty of us or the malfunction of the System. You agree to indemnify us, our Mazda Family of Companies, and our Third Party Service Providers and each third party beneficiary against all such claims, liabilities and losses by third parties. You further agree that this release extends to any party claiming under you and that no insurance company will have any right of subrogation. 

You agree to waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited in this agreement.

You agree that you have no contractual relationship whatsoever with our Mazda Family of Companies or any Third Party Service Provider, and that you are not a third party beneficiary of any agreement between us and our Mazda Family of Companies or any Third Party Service Provider. In addition, you expressly agree that none of our Mazda Family of Companies or any Third Party Service Provider have any legal, equitable, or other liability of any kind to you. You waive any and all claims or demands for such liability.

Unless otherwise provided in this Subscription Agreement, you agree that your maximum liability to us under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is limited to any charges due and owing by you to us.

You agree that the limitations of liability and indemnities in this Subscription Agreement will survive even after the Agreement has ended. These limitations of liability apply not only to you, but to anyone using your Connected Vehicle, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your or their use of the Connected Vehicle, Connectivity, or the Mazda Connected Services.

HOW WE WILL RESOLVE DISPUTES BETWEEN US

These Connectivity 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 Experience Center will be able to resolve most issues you may have using the Mazda Connected Services. 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 we agree to the following resolution process:

In an attempt to find the quickest and most efficient resolution of our issues, you and we 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 WE AGREE THAT ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THESE CONNECTIVITY TERMS AND CONDITIONS AND THE SUBSCRIPTION AGREEMENT (INCLUDING FORMATION, PERFORMANCE, OR BREACH OF THEM), OUR RELATIONSHIP WITH EACH OTHER, OR USE OF THE MAZDA CONNECTED 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 WE 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 WE AGREE TO BEGIN ANY ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.

YOU AND WE 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, we 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 WE 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 us, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in our favor, we 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, please feel free to consult with an attorney.

MISCELLANEOUS

Force Majeure: Neither we, any of our Mazda Family of Companies, or our Third Party Service Providers will be responsible for the failure to provide Mazda Connected Services to you if caused by any of the following: any act or omission (including interruption of cellular service) of any Third-Party Service Provider; system failures or shortages; damage to our-designated Response Center, any land or wireless communications networks or the GPS system; acts of nature, labor strikes or war; or any other act or event that is outside of our reasonable control. Under any of these circumstances, we may, at our sole option, immediately suspend or terminate all or some of the Connectivity or terminate this Subscription Agreement without prior notice to you and without any liability; moreover, you will not be entitled to any refund or credit.

How We Can Communicate with Each Other: Any written notice from you required by this Subscription Agreement will be considered given when we receive it at our address provided above. Any written notice from us required by this Subscription Agreement will be considered given when we send it to you by email to any email address you have provided to us, or two days after we mail it to you, based on the postmarked date, at the most current address we have on file for you, if applicable. Any oral notices will be considered given when we call you or when you call us at the appropriate number provided in the “Contact Us” section of this Subscription Agreement.

Who Else This Agreement Covers: Our Mazda Family of Companies and our Third Party Service Providers are intended beneficiaries of this Subscription Agreement. Your passengers and drivers of your Connected Vehicle are covered by this Subscription Agreement, and you are responsible to sufficiently notify them as such.

Our Relationship with You: This Subscription Agreement does not create any fiduciary relationship between you and us, or between you and any of our Mazda Family of Companies, or any of our Third Party Service Providers. It also does not create any relationship of principal and agent, partnership, or employer and employee.

We Can Assign This Agreement: We can assign this Subscription Agreement, including your obligations to pay us, in whole or in part to anyone we choose. You cannot assign this Subscription Agreement or your obligations hereunder to anyone else without our prior consent.

This Is the Entire Agreement: This Subscription Agreement, including the Connectivity Terms & Conditions, Connectivity Privacy Policy, any other related documents or communications from us, as each may be updated by us at any time, is the entire Subscription Agreement between you and us. It supersedes all past or present agreements or representations between us, whether oral or written. If any part of this Subscription Agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable. Even after this Subscription Agreement has ended, its provisions will govern any disputes arising out of or relating to it, unless it has been replaced by a new agreement between us.  This Subscription Agreement will also be binding on your heirs and successors and on our successors. No waiver of any part of this Subscription Agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. In some circumstances, we might decide to provide you with the Mazda Connected Services voluntarily even if you would not otherwise qualify; that decision will not be a waiver of any term of this Subscription Agreement or require us to do so again. You agree we will not be liable for anything resulting from our provision of the Connectivity and Mazda Connected Services.

SUBSCRIBER'S SIGNATURE

I have reviewed and read an electronic copy of this Subscription Agreement.

I agree that any agreement, including this Subscription Agreement or other record provided in connection with the Connectivity, is for all purposes (i) a “writing” and “in writing”, and (ii) an “original” when maintained electronically established and maintained in the normal course of business.

I acknowledge that I am of legal driving age for my applicable jurisdiction, and, if signing on behalf of a corporation or entity, I am fully authorized to sign on its behalf.

I also acknowledge that I have purchased or leased a Connected Vehicle with factory installed telematics service equipment, which includes an electronic locating device, and I consent to the use of such device as described in this Subscription Agreement, the Connectivity Terms & Conditions, and the Connectivity Privacy Policy.

I agree that by checking the “I Agree” box for the Subscription Agreement and Connectivity Terms & Conditions, that constitutes my signature and agreement to this Subscription Agreement, the Connectivity Terms & Conditions, and the Connectivity Privacy Policy, and I agree to be bound by all of the foregoing as though I signed a paper agreement with an ink signature.

CONTACT US

If you have any questions or concerns about these Terms & Conditions, please contact our Customer Experience Center at 1-800-222-5500.  Additional information regarding contacting us is available here.

Effective Date: May 1, 2020