Website Terms of Use
Effective Date: July 7, 2020
These Website Terms of Use (the “Terms”) apply to this Sirius XM Connected Vehicle Services Inc. (“Sirius XM Connect”) website (the “Site”) and Mobile Application (the “App”). These Terms describe the terms and conditions under which users may use the Site, provided by Sirius XM CV, its affiliates, subsidiaries, and assigns. Sirius XM CV may be referred to herein as “we,” “us” or “our”.
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by, without limitation or qualification, the Terms and shall comply with all applicable laws and regulations. If you do not agree to the terms of use set forth in these Terms, please do not use the Site.
1. Intellectual Property Rights
The contents of the Site including, but not limited to, the text, images and video contained herein and their arrangement are the property of or are licensed for use by Sirius XM CV or its affiliates for use by Sirius XM CV, unless otherwise stated. All trademarks, logos and service marks used or referred to in the Site (collectively, “Trademarks”) are the property of Sirius XM Radio Inc.
Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms is strictly prohibited. The Site or any of the content provided in the Site, including, but not limited to, text, images, buttons, html code, audio and video, may not be copied, reverse engineered, reproduced, republished, uploaded, posted, transmitted, or distributed without our prior written consent. You may not mirror any of the content from the Site on another website or in any other media.
Any software, application and other materials with their own license terms, conditions, and notices that are made available for download, access, or other use from the Site or from third party service providers will be governed by such terms, conditions, and notices accompanying that content, and you accept and agree to abide by them.
Except for this limited permission, we do not grant any express or implied rights or licenses under any patents, Trademarks, copyrights, or other proprietary or intellectual property rights. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.
By submitting information to Sirius XM CV through the Site, other than personal or business contact information, you grant Sirius XM CV a global, unlimited, perpetual, royalty-free license to use, sell, copy, make derivatives of, such information.
2. Use of the Site
The Site is operated by Sirius XM CV for use by prospective and existing business customers. Your use of the Site must comply with all applicable federal, state and local law, rules and regulations. You are prohibited from transmitting, providing or introducing any content into the Site, or through the Site into other systems related to Sirius XM CV or its service providers, that (a) infringes any third-party intellectual property, publicity or privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, profane, false, threatening, pornographic, inappropriate or unprofessional, (d) creates a nuisance for our service providers, our business or other customers of the Services, (e) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, or any data or personal information from or through any software or hardware associated with the Services or any vehicle, or (f) is otherwise tortious or criminal. We do not generally make editorial determinations about your transmissions or any content you provide. However, we reserve the right to take any actions we deem necessary or appropriate to minimize any liability to us arising from your transmissions or any content you provide, or to preserve our relationships with our service providers (including Internet access providers). We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or content.
By providing personal and other information through the Site, or by using the Site, you agree to the collection, use and disclosure of your information as stated in the Sirius XM Connected Vehicle Services Inc. Privacy Policy (the “Privacy Terms”). We use this information as set forth in the Privacy Terms. We may share Usage Data in an aggregate data format with a third party; however, such data format would not include personal information.
The Site does not respond to “do not track” beacons or other such signals. You may have received a tracking mechanism prior to your visit to the Site from other parties that will continue to track your activity while using the Site. Any data collected by a third party tracking mechanism is subject to the privacy policy of the third party from whom you received the mechanism. We do not control or receive data from such mechanisms. For more information on how to opt-out of advertiser tracking mechanisms, please visit www.networkadvertising.org/managing/opt_out.asp.
3. Use by US Government
The Site and all materials, software and applications on the Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Site or any related materials, software or applications by the U.S. Government constitutes acknowledgment of Sirius XM CV’s respective proprietary rights in them.
4. Links to External Websites
The Site may contain links to and from other websites. Sirius XM CV makes no representations whatsoever about any other website that you may have accessed from our website. Sirius XM CV is not responsible for the privacy practices, content or availability of those websites, and Sirius XM CV denies any liability whatsoever for use of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.
5. Disclaimer of Warranties; Limitation on Liability
USE OF THE SITE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL RELATED MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SIRIUS XM CV HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ALL RELATED MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIRIUS XM CV OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. WITHOUT LIMITATION, SIRIUS XM CV MAKES NO WARRANTY OR GUARANTEE THAT THE USE OF SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIRIUS XM CV IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, OR OTHER TECHNICAL DEFECT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SIRIUS XM CV BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE OR ANY USE OF THE SITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SIRIUS XM CV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Some jurisdictions disallow the exclusion or limitation of liability for damages, so these limitations and exclusions may not apply to you. In no event shall Sirius XM CV’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of FIVE dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The terms regarding limits on liability and voluntary submissions shall survive the termination of these Terms, and shall remain in effect indefinitely.
6. Changes
We reserve the right to change the Terms at any time, which will be indicated by the effective date. It is your responsibility to review the Terms frequently and remain informed about any changes to them, so we encourage you to visit this page often. These Terms take precedence over any previous terms of use that we have issued related to the Site and your continued use of the Site constitutes your acceptance of the most recent version of the Terms. We may make improvements or changes in any products, services, or programs described in or offered through the Site at any time without notice.
7. Termination of Access
You may voluntarily terminate your access to the Site at any time. Your failure to comply with the terms, conditions, and notices on the Site will result without prior notice in automatic termination of any rights granted to you. In that event, you must immediately destroy all copies of downloaded materials in your possession or control and cease access or use of the Site.
8. Miscellaneous
The Terms and any action related to them shall be governed, controlled, interpreted and defined by and under the laws of the State of Texas. The exclusive jurisdiction and venue of any action with respect to the subject matter of the Site or the Terms shall be in the state courts of the state of Texas. No amendment to or modification of the Terms will be binding unless in writing and signed by Sirius XM CV.
Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through the Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over the Terms. Please see the applicable agreement or notice.
9. Contact Us
You may contact us by emailing us at [email protected] or by writing us at: Sirius XM Connected Vehicle Services Inc. – Support, 8550 Freeport Parkway, Irving, TX 75063; or by any other means specified in a communication received from us.
10. Designated Copyright Agent
For purpose of the Digital Millennium Copyright Act, you may contact the agent for receipt of notice of claims at: Sirius XM Connected Vehicle Services Inc., ATTN: Legal Department, 8550 Freeport Parkway, Irving, TX 75063.