NISSAN LEAF™
TELEMATICS SUBSCRIPTION SERVICES AGREEMENT

This Nissan LEAF™ Telematics Subscription Services Agreement (“Agreement”) describes the legal relationship between you (an individual, representing yourself, or if applicable, acting as legal representative for a company or other legal entity) (“you,” and/or “your” as applicable), and Nissan North America, Inc. (“Nissan,” “we” or “our”). Your Nissan LEAF™ (your “Nissan LEAF™”) is equipped with hardware and software used to facilitate collection and use of certain data described in this Agreement (“Telematics Services”).

BY CLICKING “I AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, CLICK ON THE “I DECLINE” BUTTON. IF YOU CLICK ON THE “I DECLINE” BUTTON, YOU SHALL NOT BE ABLE TO USE OR RECEIVE THE BENEFIT OF THE TELEMATICS SERVICES. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON ON YOUR BEHALF.

THIS AGREEMENT MAY ALSO BE POSTED ON ANY WEBSITE PROVIDED BY NISSAN AS PART OF THE TELEMATICS SERVICES AND BY ACCESSING, BROWSING AND/OR OTHERWISE USING SUCH WEBSITE YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.

IN ADDITION, YOU SHALL BE REQUIRED TO ACKNOWLEDGE, VIA A POP-UP CONSENT STATEMENT PRESENTED ON THE NAVIGATION SCREEN OF YOUR NISSAN LEAF™, THAT AS PART OF THE TELEMATICS SERVICES YOUR NISSAN LEAF™ TRANSMITS RECORDED VEHICLE DATA TO NISSAN FOR VARIOUS PURPOSES, INCLUDING WITHOUT LIMITATION CARWINGS™ SERVICES, PRODUCT EVALUATION, AND RESEARCH AND DEVELOPMENT. IF YOU CLICK ON THE “DECLINE” BUTTON, YOUR USE OF THE TELEMATICS SERVICES WILL BE VERY LIMITED.

Nissan may modify this Agreement at any time and from time to time in our sole discretion. Nissan shall notify you in writing thirty (30) days (or such longer period if required by law) prior to any such changes taking effect. Notwithstanding the above, you should periodically review this Agreement carefully in order to make sure that you are aware of the most current terms and conditions for the use of the Telematics Services because any use of the Telematics Services by you after any change to this Agreement, whether or not you have reviewed the amended Agreement, constitutes your acceptance of the Agreement as changed.

1. Your Telematics Services. This Agreement is effective on the original and first purchase or lease date of your Nissan LEAF™ from Nissan and remains in effect for three (3) years thereafter (“Initial Term”).
2. What if You Sell Your Nissan LEAF™ or Purchase a Used Nissan LEAF™?
1. If you sell your Nissan LEAF™ or end its lease prior to the expiration of the Initial Term, you promise to notify us. If you sell or transfer your Nissan LEAF™ and fail to notify us, you will remain responsible for any liability incurred under this Agreement based on the use or misuse of the Telematics Services. Nissan is not responsible for any privacy related damages you may suffer if you fail to notify us of your purchase, lease or sale of your Nissan LEAF™.
2. If, during the Initial Term, you purchase or lease a previously-owned or leased Nissan LEAF™, you may use the Telematics Services at no additional charge for the remainder of the Initial Term provided that you have agreed to the terms and conditions of this Agreement. Nissan shall have the right to terminate the Telematics Services for any reason.
3. Term and Subscription Fee. The cost of the Telematics Services for the Initial Term is included as part of the purchase or lease price of your Nissan LEAF™. You will not be charged any additional fees for the use of the Telematics Services during this Initial Term. Use of the Telematics Services following the Initial Term shall be governed by a separate agreement entered into by the parties and shall be subject to Nissan’s then current rates and terms and conditions.
4. Canceling Your Telematics Services. You may deactivate and/or cancel your Telematics Services at any time by terminating this Agreement by visiting the Nissan Owner’s Portal Webpage located at www.nissanusa.com/LEAF or calling Nissan at 1-877-NO-GAS-EV (1-877-664-2738). Alternatively, you can turn off the transmission of certain categories of data by pressing the “Decline” button in the pop-up message on your Nissan LEAF’s™ navigation screen or through the use of settings found in your Nissan LEAF’s™ navigation system. Note, turning off “Vehicle Information Sharing with Nissan” in the navigation system will only disable the automatic sharing of information at vehicle ignition. Certain categories of data may still be transmitted if certain Telematics Services features are accessed either in the vehicle or remotely. If you cancel the Telematics Services during the Initial Term, you will not be entitled to, and Nissan shall not be obligated to provide, any refund of any monies or other consideration associated with the Telematics Services.
5. Reactivating Your Telematics Services. You may reactivate the Telematics Services at any time by visiting the Nissan Owner’s Portal Webpage located at www.nissanusa.com/LEAF or calling Nissan at 1-877-NO-GAS-EV (1-877-664-2738). Reactivation during the Initial Term will not be subject to any additional charges.
6. How Your Telematics Services Works and System Limitations. The Telematics Services are provided by Nissan using hardware and software installed in your Nissan LEAF™ which sends and receives information via wireless and landline communications networks and signals from global positioning system (“GPS”) satellites. The availability and use of the Telematics Services is subject to many limitations including, without limitation, the following: (a) Telematics Services are only available in the United States; (b) In order to send and receive information the wireless service provider for that area must have coverage, network capacity, and reception when the service is needed, and technology that is compatible with the Telematics Services; (c) The Telematics Services may be impaired by wireless and landline communications problems caused by atmospheric or topographical conditions, busy cells, capacity limitations, equipment problems, equipment maintenance, jamming and other factors and conditions; (d) Telematics Services that involve location information about your Nissan LEAF™ can not work unless GPS signals are unobstructed, available in that place and compatible with your Nissan LEAF’s™ hardware and software; (e) Your Nissan LEAF™ must have a working electrical system (including adequate battery power) for the Telematics Services to operate; (f) Telematics Services may not work if you have not maintained your Nissan LEAF™ in good working order and in compliance with all government regulations; (g) Telematics Services may not work if you try to add, connect or modify any equipment or software in your Nissan LEAF™ (such as plugging devices into the vehicle’s electrical system or diagnostic port, or otherwise modifying the Nissan LEAF™); (h) Telematics Services may be impaired by hills, tall buildings, tunnels, weather, or damage to important parts of your Nissan LEAF™ in an accident; or (i) Telematics Services may fail or be delayed by 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 or civil disturbances. Nissan is not responsible for any delay or failure in performance if such failure is caused in whole or in part by factors beyond Nissan’s control, including your acts or those of other persons.
7. Service Providers. Nissan works with many different companies, individuals and government entities to provide you with Telematics Services. In this Agreement, “Service Provider” means any person, company, subsidiaries or affiliates or entity who provides any service, equipment, or facilities in connection with Telematics Services, including, but not limited to, wireless service providers, suppliers, licensors, public safety answering points, emergency responders and Service Providers (such as police, fire and ambulance), towing companies, and Nissan LEAF™ distributors and dealers.
8. Website. Nissan may at its option provide a website where you can access and review some of the data collected from your Nissan LEAF™ in connection with the Telematics Services. In addition to the terms and conditions of this Agreement, access to and use of the website shall be governed by the Terms of Use and Privacy Policy contained on the website as applicable. When you sign up to use the website, you will also be asked to create a username and choose a password. You are entirely responsible for maintaining the confidentiality of your username and password. You are solely responsible for the activity that occurs through your website account, and you agree to keep your username and password secure. You agree not to allow any other person to use your username or password, and you agree never to use another person’s username or password. You agree to notify Nissan immediately if you suspect any breach of security or unauthorized use of your username and password or website account. NISSAN WILL NOT BE LIABLE FOR, AND NISSAN EXPRESSLY DISCLAIMS, ANY COSTS OR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR MEMBERSHIP, BUT YOU MAY BE LIABLE FOR THE COSTS OR LOSSES OF NISSAN OR OTHERS DUE TO SUCH UNAUTHORIZED USE.
9. Your Responsibilities.
1. It is your responsibility to make sure your Nissan LEAF™ and all equipment in the Nissan LEAF™ are working properly. You are solely responsible for any use of the Telematics Services in your Nissan LEAF™, even if you are not the one using it, and even if you later claim the use was not authorized. You are also solely responsible for the Telematics Services requested by you, or anyone using your Nissan LEAF™. Neither we nor any Service Provider has any obligation to inquire about the authority of anyone using your Nissan LEAF™. Neither we nor any Service Provider has any obligation to inquire about the authority of anyone using your personally identifiable information that can be used to identify your account to request services for your Nissan LEAF™. If you or a driver of your Nissan LEAF™ uses the Telematics Services to commit a crime or for another improper purpose, you will be responsible for and shall indemnify Nissan for any damages owed by Nissan as a result of such use or misuse. You are entirely responsible for any transaction with anyone in connection with your use of the Telematics Services, and any use that you make of any information received from or through the Telematics Services. Telematics Services involves software that we may change from time to time. We may do this remotely without notifying you first. Such changes may affect or erase data such as destinations. We are not responsible for lost data. You do not own any software or hardware used by or in conjunction with the Telematics Services or acquire any rights to use or modify such hardware or software.
2. When you use the Telematics Services, you promise: (a) not to use the Telematics Services for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of services to our other customers; (b) not to abuse or do anything to damage our business operations, services, reputation, employees, facilities, or Service Providers; (c) not to use any content you receive through the Telematics Services except as expressly authorized by us; (d) not to resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any content you receive through the Telematics Services; and (e) not to use any content you receive through the Telematics Services for commercial purposes. If you do any of these things, you agree you will be responsible for and will indemnify, defend, and hold harmless Nissan for any amount anyone else claims against Nissan or our Service Providers, plus any expenses, resulting in whole or in part, from such use or your actions.
10. Your Responsibility for Information Received Through the Telematics Services. Certain information you receive through the Telematics Services belongs to Nissan or third parties who provide it through Nissan. This information may be covered by one or more copyrights, trademarks, service marks, patents, or other legal protections. You promise not to use any content you receive through Nissan except as expressly authorized under this Agreement or otherwise by Nissan in writing. You may not resell any of it or use it for commercial purposes. You shall not copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it.
11. Telematics Services and Your Privacy.
1. Data Ownership. You shall own all right, title and interest in and to all data collected from your Nissan LEAF™ through the Telematics Services. You hereby grant to Nissan a worldwide, royalty-free, fully paid, transferable, assignable, sublicensable (through multiple tiers), perpetual license to collect, analyze and use any and all data collected through the Telematics Services pursuant to the terms of this Agreement.
2. Information Collected. We collect information about you and your Nissan LEAF™ several different ways: (i) from what you and your Nissan LEAF™ dealer provide to us when you accept this Agreement or buy or lease your Nissan LEAF™; (ii) from your use of the Telematics Services; (iii) from calls or emails between us; (iv) from our wireless carrier; and (v) from your Nissan LEAF™ itself. The information we may obtain from your Nissan LEAF™ includes, without limitation, (x) information about the Nissan LEAF™ and its operation, including without limitation, Vehicle Identification Number, GPS and navigation information, speed and distance information, driving habit and style, battery use management information, battery charging history, battery deterioration information, electrical system functions, software version information, and other spot data to assist in identifying and analyzing the performance of your Nissan LEAF™; (y) information about your use of the Telematics Services and the corresponding website and smartphone application; and (z) data about accidents involving your Nissan LEAF™ (for example, the direction from which your Nissan LEAF™ was hit and which air bags have deployed). Because your Telematics Services are provided through wireless and satellite networks, we cannot promise or guarantee that your communications will not be intercepted by others. You agree Nissan will not be liable for any damages for any loss of privacy occurring in communication over such networks. If you do not notify us of a sale or transfer of your Nissan LEAF™, we may continue to send reports or other information about the Nissan LEAF™ or the account to the address currently on file with us. In such case, we are not responsible for any privacy related damages you may suffer.
3. Use and Sharing of Information About You and Your Nissan LEAF™. You agree that we can, subject to applicable law, use any of this information we collect, and provide such information to applicable Service Providers, to: (i) provide the Telematics Services to you or your Nissan LEAF™ (including, but not limited to, sharing that information with roadside assistance providers, emergency service providers, or others, as needed); (ii) communicate with you about your account; (iii) check or maintain your Nissan LEAF™; (iv) analyze your Nissan LEAF’s™ performance, and combine with and compare to data gathered from other Nissan LEAF™ owners in order to be able to determine aggregate product usage; (v) help you to maintain the Nissan LEAF™; (vi) evaluate and improve the Telematics Services; (vii) enforce this Agreement with you or others; (viii) prevent fraud or misuse of the Telematics Services; (ix) comply with the law and any and all legal requirements, including valid court orders; (x) protect the rights, property, or safety of you or others; (xi) offer you new or additional products or Telematics Services; or (xii) perform market research. This list is not meant to be exhaustive.
4. What Does Nissan do to Safeguard Your Information? Nissan implements and maintains technical, physical and administrative safeguards designed to protect the security and confidentiality of your information in Nissan’s possession from theft, loss, misuse, improper distribution or alteration. Sensitive information, such as your location, credit card information, usernames and passwords are encrypted.
5. You understand that, for quality assurance purposes, we (including our Service Providers) may monitor and record conversations between our (including our Service Providers) respective Response Centers and your Nissan LEAF’s™ occupants. We (including our Service Providers) may also monitor and record any calls coming into our (including our Service Providers) Response Center from any source. Therefore, for yourself, your Nissan LEAF’s™ occupants and anyone contacting us on your behalf, you: (i) consent to all such monitoring and recording and, (ii) release us, third-party beneficiaries and any wireless carrier(s) from claims, liabilities and losses that may result from any such monitored and/or recorded conversations.
12. Intellectual Property Rights.
1. Technology. Nissan is and shall at all times be the owner of all right, title and interest in and to (i) any and all hardware, software and related technology, used as a part of or in conjunction with the Telematics Services, and (ii) all intellectual and other proprietary rights, including without limitation all patent, copyright, trademark and trade secret rights contained therein. It is prohibited to, and you agree that you shall not, copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology or data or content stored or incorporated in any equipment used to receive or operate the Telematics Services (collectively, “Equipment Technology”), or otherwise modify or tamper with, any such equipment. You also agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of the Telematics Services. Any and all software contained in your Nissan LEAF™ is licensed solely for use in conjunction with the Telematics Services. Furthermore, any and all data and other content of the Telematics Services are protected by copyright and other intellectual property laws and all ownership rights remain with Nissan. You are prohibited from any export of the data (or derivative thereof). You may use the Equipment Technology only for your personal, non-commercial use in connection with the Telematics Services. Certain real-time traffic and map data is provided by various Service Providers, which may be changed from time to time at Nissan’s sole discretion.
2. Trademarks. Nissan LEAF™ and the Nissan logo are trademarks, service marks or registered marks of Nissan North America, Inc. (“Marks”). Other trademarks, service marks, graphics, logos and domain names appearing as part of the Telematics Services or on any related websites may be the trademarks of third parties. Neither your access to and use of the Telematics Services or such websites nor this Agreement grant you any right, title or interest or license to reproduce or otherwise use the Marks or any third-party trademarks, service marks, graphics, logos or domain names. Any goodwill in the Marks generated as a result of your use of the Telematics Services will inure to our benefit. You shall not at any time, nor shall you assist others to, challenge our right, title, or interest in or to, or the validity of, the Marks or any other intellectual property rights of ours.
13. Special Information Concerning the Wireless Service for Your Nissan LEAF™. You do not have any right in the wireless phone number assigned to your Nissan LEAF™ for use with the Telematics Services. You agree that you have no contractual relationship whatsoever with the wireless service carrier and that you are not a third-party beneficiary of any agreement between Nissan and the carrier. IN ADDITION, YOU EXPRESSLY AGREE THAT THE WIRELESS CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND THAT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE; YOUR EXCLUSIVE REMEDY AND THE TOTAL LIABILITY OF THE WIRELESS CARRIER IN CONNECTION WITH THIS AGREEMENT, INCLUDING FAILURE OR DISRUPTION OF WIRELESS SERVICE, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE LIABILITY CAP SET FORTH IN SECTION 15(c) BELOW.
14. No Warranties on Equipment, Information, or Services. Warranties are special kinds of promises. You may have a limited warranty that includes the equipment in your Nissan LEAF™. However, neither Nissan, its Service Providers, nor any third-party beneficiary makes ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT the Telematics Services (including the content or other information delivered to you as part of the Telematics Services). In addition, Nissan does not promise uninterrupted or problem-free service, and does not promise that the data or information provided to you will be error-free. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN “AS IS” BASIS. NEITHER WE, NOR ANY OF OUR SERVICE PROVIDERS, MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE TELEMATICS SERVICES OR ABOUT ANY DATA OR INFORMATION OR SERVICES PROVIDED THROUGH IT. THIS MEANS, AMONG OTHER THINGS, NO WARRANTIES OF CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT.
15. Limitations of Liability. YOU AND NISSAN ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, WE EACH AGREE AS FOLLOWS:
1. WE ARE NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER WE CONTACT FOR YOU OR YOUR NISSAN LEAF™, OR FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION.
2. WE ARE NOT LIABLE TO YOU, AND YOU AGREE TO RELEASE NISSAN, ITS SERVICES PROVIDERS AND ANY THIRD PARTY BENEFICIARY AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM ALL CLAIMS, LIABILITIES AND LOSSES ARISING FROM, IN CONNECTION WITH OR RELATED TO (i) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR USE OF THE TELEMATICS SERVICES, OR (ii) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE TELEMATICS SERVICES OR ANY EQUIPMENT USED IN CONJUNCTION WITH THE TELEMATICS SERVICES EVEN IF CAUSED BY THE NEGLIGENCE OF NISSAN OR MALFUNCTION OF THE TELEMATICS SERVICES. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NISSAN AGAINST ALL SUCH CLAIMS, LIABILITIES AND LOSSES BROUGHT BY THIRD PARTIES.
3. OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY OR CLAIM (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, CONSUMER PROTECTION, RIGHT OF PRIVACY, OR PRODUCTS LIABILITY) IS LIMITED TO $250. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF NISSAN TO YOU, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.
4. EXCEPT FOR (I) A BREACH BY YOU OF SECTION 13 (INTELLECTUAL PROPERTY RIGHTS) OR (II) YOUR INDEMNITY OBLIGATIONS SET FORTH IN THIS AGREEMENT, NEITHER YOU NOR WE CAN RECOVER PUNITIVE DAMAGES, TREBLE, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), DAMAGES FOR LOST OR DAMAGED DATA, OR ATTORNEY’S FEES. YOU CANNOT RECOVER THESE TYPES OF DAMAGES OR FEES FROM ANY SERVICE PROVIDER, EITHER. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT.
5. WE HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS OF SEVENTY-TWO (72) HOURS OR LESS. TO RECEIVE SERVICE CREDIT FOR LONGER INTERRUPTIONS, YOU MUST NOTIFY US WITHIN SIXTY (60) DAYS AFTER THE TIME WHEN THAT SERVICE INTERRUPTION STARTED. NO ONE IS LIABLE TO YOU FOR INADEQUATE WIRELESS OR GPS SIGNALS OR INTERRUPTED SERVICE, OR FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER, OR ANY OTHER THINGS WE OR OUR SERVICE PROVIDERS DO NOT CONTROL.
6. IF ANOTHER WIRELESS SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU ALSO AGREE TO ANY LIMITATION OF LIABILITY THAT IT IMPOSES ON ITS CUSTOMERS.
7. YOU AGREE THAT NEITHER WE, NOR ANY SERVICE PROVIDER WHO SENDS YOU DATA OR INFORMATION THROUGH NISSAN, IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION.
8. YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF OUR WIRELESS SERVICE PROVIDERS AND ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND ANY OF OUR WIRELESS SERVICE PROVIDERS. YOU WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY.
9. You agree that the limitations of liability and indemnities in this Agreement will survive even after the Agreement has ended. These limitations of liability apply not only to you, but to anyone using your Nissan LEAF™, to anyone making a claim on your behalf, and to any claims made by your family, employees, employers, customers, or others arising out of or relating to the Telematics Services.
10. Some states do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.
16. Your Responsibility for Insurance. The service Nissan provides is intended as a convenience. The fee included in the purchase or lease price of your Nissan LEAF™ for the Telematics Services is not related to the value of your Nissan LEAF™ or any property in it, or the cost of any injury to or damages suffered by you. Nissan is not an insurance company. You promise you will obtain and maintain appropriate insurance covering personal injury to you and others, covering loss of or damage to your property or the property of others, and other risks arising when you use any Telematics Services. FOR YOURSELF AND FOR ANYONE ELSE CLAIMING UNDER YOU, YOU HEREBY RELEASE AND DISCHARGE NISSAN AND ITS SERVICE PROVIDERS, THEIR PARENTS, AFFILIATES, AND SUBSIDIARIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES OF ANY OF THEM FROM AND AGAINST ALL HAZARDS COVERED BY YOUR INSURANCE. NO INSURANCE COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION AGAINST NISSAN OR ITS SERVICE PROVIDERS.
17. Our Right to Terminate or Suspend Your Telematics Services. We may terminate your Telematics Services without cause, in which case we will give you notice thirty (30) days prior to the effective date of termination after which your service will terminate. This means that we can decide to cease providing the Telematics Services to you at any time and for any reason, even for reasons unrelated to you or your account with us. Also, we may terminate your Telematics Services without prior notice to you for any good cause. This means, for example, we can terminate your service immediately if you breach any part of this agreement, interfere with our efforts to provide service, interfere with our business, or if your Telematics Services is used for illegal or improper purposes. You do not have any right to have Telematics Services reactivated, even if you cure any of these problems. Whether to allow you to have service again will be entirely up to us. We can suspend your Telematics Services for any reason we could terminate it. We can also suspend it for network or system maintenance or improvement, or if there is network congestion, or if we suspect your service is being used for any purpose that would allow us to terminate it.
18. Force Majeure. Nissan will not be responsible for the failure to provide Telematics Services to you if caused by any of the following: (i) any act or omission of any wireless carrier (including interruption of cellular service), any emergency agency or any other third-party service or product provider; (ii) equipment failures or shortages; (iii) any land or wireless communications networks or the GPS system; (iv) acts of nature, labor strikes or war; or (v) any other act or event that is outside of the reasonable control of Nissan. UNDER ANY OF THESE CIRCUMSTANCES, NISSAN MAY AT ITS OPTION SUSPEND OR TERMINATE ALL OR SOME OF THE TELEMATICS SERVICES OR TERMINATE THIS AGREEMENT WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY. MOREOVER, YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT.
19. How We Will Resolve Disputes Between Us.
1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE AS TO THE TELEMATICS SERVICES OR RELATED SERVICES, EXCEPT AS STATED BELOW, BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
2. Except as otherwise stated below, any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this clause, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to this Agreement, the Telematics Services, or the use of any information through the Telematics Services shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Section 19 shall not apply to such claim or dispute. The claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose one of the following arbitration organizations and its applicable rules: JAMS, 1920 Main St., Ste. 300, Irvine, CA 92614 (www.jamsadr.com), the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), or any other organization that you may choose subject to our approval. You may get a copy of the rules of these organizations by contacting the arbitration organization or visiting its website.
3. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be conducted in the federal district in which you reside unless the particular dealer where you purchased your Nissan LEAF™ is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will advance your filing, administration, service or case management fee and your arbitrator or hearing fee all up to a maximum of $2,500, which may be reimbursed by decision of the arbitrator at the arbitrator’s discretion. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s award shall be final and binding on all parties, except that in the event the arbitrator’s award for a party is $0 or against a party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel. The appealing party requesting new arbitration shall be responsible for their filing fee and other arbitration costs subject to a final determination by the arbitrators of a fair apportionment of costs. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration.
4. You and we retain any rights to self-help remedies. You and we retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies or filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This clause shall survive any termination, cancellation, suspension, expiration or assignment of this Agreement and shall survive the end of your possession of the vehicle, your lease or financing thereof, or the sale or loss of the vehicle. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this arbitration clause shall be unenforceable. Notwithstanding any other provision of this Arbitration Clause, the validity and scope of the waiver of class action rights shall be decided by the court and not by the arbitrator.
20. The Law that Governs our Relationship. To the fullest extent permitted by law, and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the State of Tennessee without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. Notwithstanding, Section 19 shall be governed by the Federal Arbitration Act, without regard to state law.
21. Notices and How We Communicate with Each Other. Any written notice from you required by this Agreement will be considered given when we receive it at our address: Nissan North America, Inc., Attn: Consumer Affairs Department, P.O. Box 685003, Franklin, TN 37068-5003. Any written notice from us required by this Agreement will be considered given when we send it to you by email to any email address you have provided to us, or two (2) days after we mail it to you, based on the postmarked date, at the most current billing address we have on file for you.
22. Who Else this Agreement Covers? Our Service Providers and our affiliates are intended beneficiaries of this agreement. You agree that you will make any of your passengers or guests or drivers of your Nissan LEAF™ aware of our rights and subject to the limitations of this Agreement.
23. Our Relationship with You. No matter what else it says, this Agreement does not create any fiduciary relationships between you and us, or between you and any of the Service Providers. This Agreement does not create any relationship of principal and agent, partnership, or employer and employee, between you and Nissan or you and any Service Provider.
24. We Can Assign this Agreement. We can assign this Agreement in whole or in part to anyone we choose. This Agreement shall transfer to any subsequent owner of the Nissan LEAF™ in the event the Nissan LEAF™ is sold during the Initial Term. Otherwise, you may not assign this Agreement or your obligations to anyone else without Nissan’s prior consent.
25. This is the Entire Agreement. This Agreement (these terms and conditions and any other Nissan documents incorporated in them) is the entire agreement between you and us. It supersedes all other agreements or representations, oral or written, between us, past or present, and may not be amended except in a writing signed by Nissan. A copy of this Agreement shall be included on the Nissan LEAF™ website (www.nissanusa.com/LEAF) and in the Owner’s Manual for your Nissan LEAF™. Amendments for which we give notice and post to the Nissan website at www.Nissanusa.com will be deemed a writing signed by Nissan. If any part of this Agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable, except that if a court or arbitrator refuses to enforce the waiver of class arbitration in the arbitration clause for any particular dispute between us, the entire arbitration clause will be void and unenforceable as to that particular dispute. Even after this 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). It will also be binding on your heirs and successors and on our successors. No waiver of any part of this 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 SERVICE VOLUNTARILY EVEN IF YOU WOULD NOT OTHERWISE QUALIFY. THIS WILL NOT BE A WAIVER OR REQUIRE US TO DO SO AGAIN. YOU AGREE WE WILL NOT BE LIABLE FOR ANYTHING RESULTING FROM OUR PROVISION OF SUCH SERVICE.

In reality, unless a company pays dividends to stockholders, the owner of a share of stock holds essentially nothing. It’s universally true that an asset is only worth what someone else is willing to pay for it. Some assets possess some intrinsic value (e.g., glittery stuff like diamonds or stuff that keeps you warm like oil or real estate that you can live on). By contrast, stock has no intrinsic value whatsoever. It’s like any other currency, and the people who create the currency have the power to devalue it at their own discretion.

All of my life I have heard the mantra that long term investments in the stock market will outperform other types of more conservative investments, but like many individual investors, I have recently come to regard such claims as untrustworthy and self-serving. By staying on the sidelines for the next ten years I may forego gains that flow to others who participate in the game, but I think I’m pretty much done with gambling. I have now seen two major collapses of stock markets in the last ten years, and I don’t care to participate in any more.

It’s not clear what all this mess and smell is supposed to accomplish other than to be a full employment act for tax professionals, accountants, and IRS employees. Whenever I hear calls for a “flat tax” I am baffled by why people think this will improve the situation, because it simply replaces one piecewise linear function with a second piecewise linear function. The problem is in figuring out what counts as income, and it seems like it should be a lot simpler than this.

This is a supposedly reputable “scientific society” whose sole purpose seems to be to lock up publications behind a pay firewall and spam potential members to encourage them to join. These clowns even throw in a “Free World Clock Calculator”. Is that the kind of professional society you want to belong to?

Here is the latest spam. I am posting it in the hope that it will encourage spammers to spam them.

We have an important chance for you to join ACM, including a world clock calculator, if you respond at:

https://campus.acm.org/public/qjstuwithbook/joinacm2.cfm?client_no=%27%2B%3C%27%2FPL7%2B3%20%20%20%0A&promo=PSAP28SVL

As a member of ACM, the Association for Computing Machinery, you will have access to a host of career-enhancing benefits including the newly re-launched “Communications of the ACM” magazine, the most trusted source on advanced computing.

Essential reasons to read “Communications” each and every month:

* News, analysis and insights from the computing world’s leading authorities on the cutting edge of technology
* Balanced and accessible coverage
* Broad and in-depth technical analysis
* Serious and insightful commentary
* Access to an active global community of computing professionals
* Full, real-time, website access to additional content, tools and resources

ACM members are raving about the fully redesigned publication:

“A must-read from cover to cover”
“More articles relevant to my work and interests”
“A top scientific journal”
“Quality technical content”
“More engaging”
“An exciting layout”
“A vastly better magazine”

Learn more about all of the additional benefits of ACM membership, including access to thousands of online books and courses, by visiting:

https://campus.acm.org/public/qjstuwithbook/joinacm2.cfm?client_no=%27%2B%3C%27%2FPL7%2B3%20%20%20%0A&promo=PSAP28SVL

Join ACM today and receive a 15% discount plus an ACM Free World Clock Calculator!

I hope you will take a moment to consider how valuable an ACM membership and “Communications of the ACM” magazine can be to your career!

Sincerely,
Lillian Israel
Director of Membership
ACM
acmhelp@acm.org

ACM Member Services Department
1-800-342-6626 (U.S. and Canada)
1-212-626-0500 (Global)
======================================
To be excluded from future offers of ACM Membership and services, please reply
to unsubscribe-sig@acm.org with the following line in the “Subject” field:

UNSUBSCRIBE

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1. We would have four different internets, with gateways that restricted what could flow through them.
2. You would have to buy your computer from your ISP, and you couldn’t switch ISPs and keep the same computer unless the remainder when you divided the MAC address by four was equal to the remainder when you divided the third octet of your IP address by four. (did you get that?)
3. Packets between ISPs would be billed at the rate of $125/megabyte if they carried email.

I’m hoping to see some of this change during my lifetime.

Dear friend,

Thank you and regards,
Jason Lim
Marketing Executive
World Scientific Publishing Co Pte Ltd
5 Toh Tuck Link
Singapore 596224
Tel. +65 6466 5775 ext. 247
Fax. +65 6467 7667
Email: cjlim@wspc.com

Apparently United Airlines has forgotten that the frequent flyer programs were started in order to reward loyal customers, and have instead turned them into programs to torture customers they regard as unworthy. Warren Buffet once said that someone should have shot down the Wright Brothers and saved investors 100 years of agony. Airlines have repeatedly demonstrated a level of management incompetence that is truly amazing, and part of this is the unique ways in which they turn loyalty programs into disincentive programs. If you want to chuckle at their incompetence, read this.

They provide an opt-out link at the bottom: http://listserv.cup.org/t/49324/239073/2681/0/ which obviously contains campaign information in it, but apparently they were too incompetent to encode my email address in there because the form asks for my email address again. That’s another sign of disregard for their diminishing set of customers.

I had previously complained about ACM spamming me – are they now enabling third party spammers as well? More SIGCRAP.