Special Interest Group on CRAP

I was thinking today about President Obama meeting with silicon valley leaders in order to talk about jobs. I heard a podcast today that mentioned Apple has 30,000 employees in silicon valley, but 1,000,000 employees in China as contractors for the manufacturing of iPads, iPhones, laptops, and iPods. It caused me to wonder what it would cost to buy an iPod if it had been manufactured in Stockton, CA. Is that so inconceivable that we might get manufacturing jobs back in the USA?

The time is approaching for delivery of my Nissan Leaf. Today they invited me to sign up for the Telematics service through Carwings. As far as I can tell, this offers very little and requires me to consent to data uploads from the car. If I could get access to the data that was uploaded it might be more interesting, but I’m tempted to just skip this part. Here’s the agreement:

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.

I’m thinking of canceling my order for a Nissan Leaf, which is scheduled to arrive in March. The deal has turned into such a hassle that I feel worn out over it. Trying to get a charger in my house is going to cost $3K. The marginal cost for electricity that I will end up paying will be $0.42/kwh, which is about three times the cost of gasoline for my prius. If I change to the E9A rate then I end up paying the highest rate for my daytime electricity usage, so it doesn’t really save me money since I have a solar swimming pool pump that needs to run during the day. I could change to an E9B rate, but that would cost me about $10K to trench to the street so they can put a 200amp circuit in the house. I could buy a photovoltaic system to produce electricity but that would cost at least $10K. I can’t even find a reference for a competent and trustworthy electrical contractor. PG&E is completely useless for this. Nissan has been less than useless, referring me to a company that is charging $3K to install a $500 device. I could charge at work except that there are only 110v trickle charge outlets (there are Tesla recharging stations, but those use a proprietary connector). A full charge at 110v takes 21 hours, which means that I’d have to essentially have it plugged in every day all day at work. I am assuming that other googlers will also have these cars, so the charging stations may quickly be exhausted anyway.

On top of that, the California rebate for electric vehicles almost certainly will be exhausted by March when my car arrives, so I’d be out that $5K incentive. The federal $7.5K rebate was apparently only approved in the last-minute tax deal passed in the lame duck session of Congress, except that the IRS doesn’t even recognize its existence any more and I can’t find any definitive statement that it was included in the last minute tax deal. The registration fee for the car would be based on the full purchase price, which makes it cost $400/year to register it.

I read the Nissan warranty on the batteries, and while they cover the batteries for 8 years against catastrophic failure, they do not cover the gradual degradation of batteries that they expect to happen over time. After five years, the batteries will probably only have 70-80% of their capacity, which limits the range to only 70-80 miles (not even two commute days for me).

The navigation system and battery monitoring system is dependent upon a subscription for a cellular data plan for the car. Nissan covers that for three years but after that you have to pay Carwings (no price has been announced). The last thing I want is another data plan.

The only real reason I was planning to get the car was because I wanted to have single-occupancy HOV stickers for my commute. When you add up all the costs, it is going to cost me over $40K for three years. The more I think about this deal, the less attractive it sounds to me. I always knew it was more of a social statement than a wise purchase, but this is starting to look sillier with every day.

Here are two 512-bit inputs whose MD5 hashes are identical. The 512-bit inputs differ in only two bits. Nice work mentioned in http://eprint.iacr.org/2010/643

MD5(6165300E87A79A55F7C60BD034FEBD0B6503CF04854F709EFB0FC034874C9C65
2F94CC4015A12DEB5C15F4A3490786BB6D658673A4341F7D8FD75920EFD18D5A) =
CEE9A457E790CF20D4BDAA6D69F01E41
MD5(6165300E87A79A55F7C60BD034FEBD0B6503CF04854F749EFB0FC034874C9C65
2F94CC4015A12DEBDC15F4A3490786BB6D658673A4341F7D8FD75920EFD18D5A) =
CEE9A457E790CF20D4BDAA6D69F01E41
xor 0000000000000000000000000000000000000000000004000000000000000000
0000000000000000800000000000000000000000000000000000000000000000
00000000000000000000000000000000


I decided to create a convenient link to the rss feed of facebook postings by my friends. Thanks to jwz for pointing out how to do this.

I went through the election materials today for the upcoming election. The best strategy for all voter initiatives is to assume that you should vote no. The reason is pretty clear – they are almost always fronts for big money. The only one that appeals to me is the one to legalize marijuana in California.

Proposition 19

Legalizes Marijuana Under California but Not Federal Law. Permits Local Governments to Regulate and Tax Commercial Production, Distribution, and Sale of Marijuana. Initiative Statute.Smoke em if you got em.

Proposition 20

Redistricting of Congressional Districts. Initiative Constitutional Amendment. Let’s see how they do with the state districts first

Proposition 21

Establishes $18 Annual Vehicle License Surcharge to Help Fund State Parks and Wildlife Programs. Grants Surcharged Vehicles Free Admission to All State Parks. Initiative Statute.
This is a perfect example of the wrong-headed way we have budgeted things in California. I love parks, but I’m voting no.

Proposition 22

Prohibits the State from Borrowing or Taking Funds Used for Transportation, Redevelopment, or Local Government Projects and Services. Initiative Constitutional Amendment.
You must be kidding.

Proposition 23

Suspends Implementation of Air Pollution Control Law (AB 32) Requiring Major Sources of Emissions to Report and Reduce Greenhouse Gas Emissions That Cause Global Warming, Until Unemployment Drops to 5.5 Percent or Less for Full Year. Initiative Statute.
You must be kidding

Proposition 24

Repeals Recent Legislation That Would Allow Businesses to Lower Their Tax Liability. Initiative Statute.
I’m not a fan of the job done by the legislature, but I think they can do a better job of deciding which tax benefits to give in order to stimulate the economy.

Proposition 25

Changes Legislative Vote Requirement to Pass Budget and Budget-Related Legislation from Two-Thirds to a Simple Majority. Retains Two-Thirds Vote Requirement for Taxes. Initiative Constitutional Amendment.
I would rather force the legislature to compromise. That is now good law is made.

Proposition 26

Requires That Certain State and Local Fees Be Approved by Two-Thirds Vote. Fees Include Those That Address Adverse Impacts on Society or the Environment Caused by the Fee-Payer’s Business. Initiative Constitutional Amendment.You must be kidding

Proposition 27

Eliminates State Commission on Redistricting. Consolidates Authority for Redistricting with Elected Representatives. Initiative Constitutional Amendment and Statute.
Probably the worst of all.

I took the plunge today and ordered a Nissan Leaf electric vehicle. This is the second car that I have bought online, but the process this time was pretty weird. Once I got an offer I was willing to take, I clicked on “Place order” and got the following disclaimer. I never thought that there would be a cellular coverage disclaimer embedded in the purchase agreement for a car.

Nissan LEAF CUSTOMER INFORMATION
Congratulations on your decision to order a new Nissan LEAF and join
others in reducing tailpipe emissions and oil dependence. The Nissan
LEAF offers unique capabilities but also has unique requirements for
normal operation that are different from other vehicles you may have
owned or operated in the past. This document and our website will
provide valuable information for your consideration.

I. Carefully consider the characteristics of an all electric vehicle.
The Nissan LEAF may not meet your driving needs. This form will alert
you to several factors to consider. THE NISSAN LEAF WEBSITE
(www.nissanusa.com/leaf) CONTAINS ESSENTIAL INFORMATION WHEN MAKING A
DECISION ON WHETHER AN ALL ELECTRIC VEHICLE IS RIGHT FOR YOU. READ ITS
CONTENTS THOROUGHLY BEFORE ORDERING and call us if you have any
questions (1-877- NO GAS EV, 1-877-664-2738).

II. It is important to conserve power (electricity) and plan your
charging needs when you drive. The battery pack is the sole source of
power to operate the vehicle. A. Charging (3 types with 240V
recommended):

Nissan highly recommends a home charger be installed on a dedicated
240V circuit by a professional electrician using an SAE J1772
compliant charging dock. Nissan has contracted with AeroVironment to
assist you in purchasing and installing a charger. If you are enrolled
in the U.S. government=92s EV Project in select markets, ECOtality is
the responsible party for the charger and installation.
Although not recommended for regular use, for Trickle charging, a
dedicated 120V outlet may be used but: (1) will take much longer than
240V charging; (2) requires use of the supplied charging cord or an
SAE J1772 complaint cord; and (3) the outlet should be protected by a
dedicated circuit breaker or fuse to protect against electrical
hazard.
High voltage or Quick charge is commercially being developed and
provides a 440V charge.
Nissan is encouraging the development of public charging
infrastructure and compatibility between public charging stations and
vehicle charging ports but we cannot ensure this will occur. Nissan
cannot assure you that public charging stations will be available in
locations where you operate the vehicle, nor can Nissan predict the
period of time it may take for public charging infrastructure to be
developed. If you attempt to charge from a non-compatible charging
station, you may not receive a complete charge or may not be able to
charge at all due to hardware and software differences.
A Quick Charge port (440V) is not standard equipment and is an option
on the SL model only with limited availability. If necessary for you,
it must be ordered initially and installed during manufacture. It
cannot be added or retrofitted later.
Time to Charge varies, based on state of charge of the battery,
condition and age of the battery, ambient temperature and condition of
the power source connected to the vehicle. The following are estimates
only; your actual experience may vary.
Standard Charge. – Empty lamp ~100%: ~7 hours
Trickle Charge. – Empty lamp ~ 100%: ~21 hours
Quick Charge. – Empty lamp ~80%: ~30 minutes
with battery temperature at 77 =B0F. (Quick Charging more than once per
day not recommended)
B. Range. The distance you can drive (range) varies considerably
depending upon state of charge, weather, temperature, usage, age,
topography, and manner of driving.

Range Estimates: The range is dependent on a number of factors. When
the battery is new, it is estimated that vehicle range will vary
between 138 and 62 miles with a full charge for the majority of people
under normal operation and various driving conditions. Some of the
factors affecting range are ambient temperature, weight – number of
passengers and payload, air conditioning/heating usage, high speed or
stop-and-go driving, topography, battery capacity, etc. These are
estimates based upon analysis and testing. Your individual style and
location will dictate your individual range which will vary initially
and as the battery ages capacity and range decline.
Gradual loss of battery capacity. Like all lithium ion batteries, the
Nissan LEAF battery will experience a reduction in the amount of
electricity or charge it can hold over time, resulting in a reduction
in the vehicle=92s range. This is normal and expected. The rate of
reduction cannot be assured, however, the battery is expected to
maintain approximately 80% of its=92 initial capacity after 5 years of
normal operation and recommended care, but this is not guaranteed.
This number may be higher or lower depending upon usage and care.
Factors that will affect and may hasten the rate of capacity loss
include, but are not limited to: very high (above 120=B0F) ambient
outside temperature when the vehicle is operated or charged, driving
habits, vehicle usage, and charging habits (Quick Charging the vehicle
more than once per day).
Driving/Operating. Driving the vehicle at constant speed and with
smooth pedal modulation improves vehicle range. Nissan also recommends
heating or cooling the cabin while charging just prior to driving.
Vehicle range will be reduced by: (1) high speed driving (55+ mph),
(2) aggressive driving (frequent or rapid acceleration) (3), severe
conditions including heavy passenger/cargo load, uphill driving at a
steep incline for extended periods of time, and (4) electrical use,
especially heater or air conditioner use.
Limited Power Notice. This mode protects the health and operation of
the vehicle=92s battery. This mode is triggered in certain extreme
conditions (heat, cold, low state of charge). Power available to
vehicle systems, including its electric motor, will be limited
resulting in limited performance, acceleration and top speed. Charging
may be automatically terminated, especially with repeated quick
charging in extreme hot weather. For prolonged operation in below
freezing climates, Nissan strongly recommends a trim level with Cold
Weather specifications that includes a battery heater (late
availability). Vehicles not ordered with Cold Weather specifications
cannot be retrofitted later.
III. Vehicle Operation & Features: Refer to owner=92s manual for details.

A. Electric Vehicle. The Nissan LEAF is an all electric vehicle with
no tailpipe emissions. In order for the vehicle to operate, the
vehicle battery must be charged with electricity in advance. As the
vehicle operates, it uses electricity stored in the vehicle battery.
If the vehicle battery becomes completely discharged (a condition to
be avoided), the vehicle will not operate until it is re-charged, a
process which can take anywhere from 30 minutes to 21 hours (see
Section II above).
B. The Solar Panel Spoiler on SL trim level supplies minimal charge to
vehicle=92s 12V battery to support operation of features (for example:
charging a cell phone, operating the vehicle=92s clock) and does not
charge the vehicle=92s lithium-ion battery nor extend range.
C. Data Recorders. The Nissan LEAF is equipped with several data
recorders: (1) a data recorder for diagnosing repairs, (2) an Event
Data Recorder (=93EDR=94) that records data in crash or near crash
situations, such as an air bag deployment or hitting a road obstacle.
The EDR records data related to vehicle dynamics and safety systems
for a short period of time, typically 30 seconds or less; and (3)
Telematics and recorded vehicle data for features, analysis, and
research. The Nissan LEAF records data concerning various vehicle
systems, location, driving performance, and operating conditions. Some
of this data is transmitted to Nissan through the vehicle onboard
CARWINGS (telematics) system. This data is used for the provision of
CARWINGS services, as well as for analysis and research by Nissan
designed to, among other things, optimize performance of future
electric vehicles including improvements in future battery life.
Certain state laws restrict access to such data without the consent of
the vehicle owner. Without your consent, the vehicle will de-activate
the vehicle telematics system in your vehicle, and certain features,
including all telematics, of your vehicle will not operate as
intended.
D. Cellular Network. The CARWINGS system communicates through the AT&T
cellular network which may not be available in all areas. Certain
remote functions require a compatible smartphone, not included or
supplied.
E. Roadside Assistance and CARWINGS Telematics Features (see III.C.3
above) are included through a subscription service which is standard
in the price of the vehicle for the first 36 months. After that time,
a subscription service can be purchased.
IV. Vehicle Maintenance & Warranty

As an electric vehicle, the Nissan LEAF has unique features, service
requirements, and safety risks that require specially trained
technicians and some specialized equipment.

A. Warranty: All warranty repairs may only be completed at a certified
Nissan LEAF dealership. Not all Nissan dealers may be certified. The
closest certified Nissan LEAF dealership may be located farther away
than you would prefer.
B. Mileage at Delivery: Your Nissan LEAF=92s proper operation will be
tested by Nissan after production and your vehicle will therefore be
delivered with some mileage reflected on the odometer and some battery
use with minimal capacity loss. C. Li-Ion Battery Checks: Nissan
recommends regular periodic maintenance, including two required
Battery Checks to be completed by a certified Nissan LEAF dealership
at intervals of 12 and 24 months at no additional cost to you.
Performance of recommended maintenance, including the two Battery
Checks, is a condition of your vehicle=92s New Vehicle Limited Warranty.
D. Battery Replacement Costs: As your vehicle battery ages, you may
decide to replace the battery due to gradual capacity loss and its
effect on vehicle range. Replacement cost is unknown at this time, but
the cost to you may be significant, and may be greater than replacing
a gas vehicle=92s power train. Nissan anticipates reductions in
replacement battery cost as battery technology improves. Individual
modules inside the battery pack may be replaced at a certified Nissan
LEAF dealership, at much less cost than replacing the entire battery
pack.
E. Repairs: BODY SHOP WARNING: In the event of a significant accident,
the vehicle should be delivered to a certified Nissan LEAF dealer to
have the battery pack and high voltage parts such as the inverter,
including the wiring harness, removed prior to painting. Battery packs
exposed to heat in the paint booth will experience capacity loss.
Damaged battery packs may also pose safety risks to untrained
mechanics and repair personnel.
F. Exclusions and Limitations to Nissan New Vehicle Limited Warranty
Your Nissan LEAF comes with a Nissan LEAF New Vehicle Limited
Warranty. The warranty includes a number of specific conditions,
exclusions and limitations. Unique to the Nissan LEAF is battery
capacity, which is not covered. Lithium ion battery capacity loss over
time is normal and expected.
VI. Federal and State Tax Credit Eligibility

Federal and state tax or other incentives may or may not apply to the
purchase of a Nissan LEAF. Consult your tax advisor.

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I acknowledge and understand all of the written information contained
in this document concerning the Nissan LEAF prior to my order.

I believe that this nation should commit itself to achieving the goal, before this decade is out, of landing a man on the moon and returning him safely to the Earth. No single space project in this period will be more impressive to mankind, or more important for the long-range exploration of space; and none will be so difficult or expensive to accomplish.

- John F. Kennedy

I believe that this nation should commit itself to achieving the goal, before this decade is out, of reducing our petroleum and coal consumption in half and returning the Earth safely to our children. No single science and technology project in this period will be more impressive to mankind, or more important for the long-term preservation of Earth, and none will be so difficult or expensive to accomplish.

- tell me which president will say this

I have to vote in an election coming up. This one is somehow more interesting than a lot of local elections, because it’s a california state senate seat. In case you don’t know, the California state legislature is fundamentally broken in the same way that the federal legislature is broken – they refuse to compromise. This election features two candidates who are caricatures of their party, and so is the district, which stretches over 220 miles long and was obviously gerrymandered by the parties at some point. The people at opposite ends of the district never heard of the towns in their district.

On the republican side, there is Sam Blakeslee. In the special election he got just short of 50%, which forced this regular election to be held. Since he found himself so far ahead, he has decided to make absolutely sure that he never answers a question from a reporter, and never appears in a public debate with his democratic opponent. As a former employee of Exxon who has supported offshore oil drilling in california, you couldn’t ask for a more obnoxious candidate.

The Democrat is a guy whose platform seems to be “we need to break the 2/3 rule and we need to raise taxes”. Great thinking you fuckwit – have you ever thought of why the California budget is always broken?

No wonder California is broken if this is what we end up with.

But I saved my biggest criticism for last. These candidates have met in a debate once, but somehow nobody thought to videotape it and upload it to youtube. There were a grand total of 200 people present at the debate, but none of the news outlets thought to do this, and neither party thought of doing it, and the organizers of the event never thought of it. Democracy FAIL.

I saw a story today on the New York Times about a hedge fund manager who has cornered the cocoa market and how chocolate prices are likely to rise. I can’t think of a better reason to develop a taste for other flavors. It’s another reminder that wall street is essentially just a casino. I’m looking forward to eating key lime pie, graham cracker crust, and other delights.