End User License Agreement
Last Updated [Dec 10, 2019]
PLEASE CAREFULLY READ THIS APPLICATION TERMS OF USE/LICENSE AGREEMENT (“AGREEMENT”) BEFORE DOWNLOADING, ACCESSING, ACTIVATING, REGISTERING FOR, OR OTHERWISE USING THE LEXUS COMFORT+ BLUETOOTH HUB APPLICATION OR ITS RELATED SERVICES OR CONTENT (THE “APPLICATION”) DEVELOPED BY DEFA NORTH AMERICA INC. (THE “COMPANY”, “WE” OR “US”)” FOR LEXUS CANADA INC. AND ITS GLOBAL AFFILIATES (“LEXUS”). IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION COLLECTED, USED, TRANSMITTED OR RETAINED BY THIS APPLICATION, DO NOT DOWNLOAD, ACCESS, ACTIVATE OR REGISTER FOR THE APPLICATION OR ITS RELATED SERVICES. BY CLICKING ON THE “DOWNLOAD” BUTTON OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. THE APPLICATION IS OWNED OR LICENSED AND OPERATED BY DEFA WITH A BUSINESS ADDRESS AT 15 ALLSTATE PARKWAY, 6TH FLOOR, MARKHAM ONTARIO L3R 5B4, AND/OR ITS THIRD-PARTY PROVIDERS. YOUR ACCESS TO AND USE OF THE APPLICATION IS SUBJECT TO THIS AGREEMENT AND ALL APPLICABLE LAWS.
This Application allows you to access, with a “Bluetooth Smart” compatible mobile device, and change settings of the LEXUS COMFORT+ Bluetooth Hub in an equipped vehicle.
You understand and agree that the Application is licensed, not sold, to you for use with a LEXUS COMFORT + Bluetooth Hub and only as outlined in this Agreement. We reserve all rights not expressly granted to you. The Company and/or its licensors own, or have the right to license, the Application and all underlying content, information, applications, and intellectual property. This license does not allow you to use the Application on a device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof.
This license is limited to a non-transferable license to use the Application on the applicable mobile device that you own or control (e.g., iDevice, iPod touch, Android device), in accordance with this Agreement, and, as applicable, Google LLC’s Terms of Service (https://www.google.com/intl/en/policies/terms/), Google Inc.’s (collectively, with Google LLC, “Google”) “Google Play Terms of Service” (http://play.google.com/about/terms.html), Google’s Privacy Policy (https://www.google.com/intl/en/policies/privacy/) and/or the Usage Rules set forth in the Apple Inc. (“Apple”) “App Store Terms of Service” (https://www.apple.com/legal/internet-services/itunes/us/terms.html), and (https://www.apple.com/legal/sla/). This license is between the Company and you (and not Apple, Google or LEXUS) and is effective until terminated by the Company or by you.
As between the Company and LEXUS, the Company (and not LEXUS) is solely responsible for the Application and the content therein as well as the provision of any maintenance and support services.
In the event the Application is made available via Apple’s App Store (or any successor product), the following terms shall apply:
As between the Company and Apple, the Company is responsible for the Application and the content therein, not Apple. As between the Company and Apple, the Company is solely responsible for providing any maintenance and support services with respect to the Application; you acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
Eligibility. The Application is intended for and available to individuals (i) who are of legal age of majority in their jurisdiction of residence (and at least 18 years of age); (ii) who own or have a compatible mobile device; and (iii) who own or have access to a compatible LEXUS vehicle equipped with the LEXUS COMFORT+ Bluetooth Hub.
As a condition of using this Application, you agree that you may not and will not:
The Company does not charge for use of the Application. However, standard data (and text, if applicable) rates apply for data (and messages, if applicable) sent from and received by your mobile device as determined by your wireless provider and you are solely responsible for such charges and any other charges from your wireless provider. Please contact your wireless provider for complete pricing details.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, YOUR VEHICLE, OR ANY OTHER EQUIPMENT OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE APPLICATION. THE APPLICATION AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY AND ITS THIRD PARTY BENEFICIARIES MAKE NO WARRANTIES THAT THE APPLICATION OR ANY MATERIAL OBTAINED THROUGH IT, AS DESCRIBED HEREIN, WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, NON-INFRINGING OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY AND ALL CHARGES, COSTS AND/OR EXPENSES FOR USE OF THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE APPLICATION. THE COMPANY AND ITS THIRD PARTY BENEFICIARIES DO NOT MAKE ANY WARRANTY OR REPRESENTATION THAT YOUR USE OF THE MATERIAL DISPLAYED ON, OR OBTAINED THROUGH, THE APPLICATION IS NON-INFRINGING OF ANY RIGHTS OF ANY THIRD PARTY. ANY DECISION OR ACTION TAKEN BY YOU ON THE BASIS OF INFORMATION OR CONTENT PROVIDED VIA THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK. THE COMPANY AND ITS THIRD PARTY BENEFICIARIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH DECISION, OR FOR THE ACCURACY, COMPLETENESS, USEFULNESS, OR AVAILABILITY OF ANY CONTENT OR INFORMATION DISPLAYED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION.
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, IF DOWNLOADED FROM THE APPLE APP STORE, THE END-USER MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) FOR THE APPLICATION TO THAT END- USER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE THE RESPONSIBILITY OF THE COMPANY AND ITS THIRD PARTY BENEFICIARIES (BUT NOT LEXUS) IF NOT EFFECTIVELY DISCLAIMED.
TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE COMPANY AND ITS THIRD PARTY BENEFICIARIES ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT EQUAL TO THE PORTION OF THE CHARGES TO YOU FOR THE SERVICES RELATING TO THE PERIOD OF SERVICE DURING WHICH SUCH DAMAGES OCCUR. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, THE COMPANY AND ITS THIRD PARTY BENEFICIARIES AND THE COMPANY’S LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF SERVICES RELATED TO THE APPLICATION) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE COMPANY AND ITS THIRD PARTY BENEFICIARIES AND THE COMPANY’S LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF SERVICES RELATED TO THE APPLICATION) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH PROVINCES AND/OR STATES.
YOU UNDERSTAND THAT THE UPLOADING OR DOWNLOADING OF INFORMATION FROM OR TO YOUR MOBILE DEVICE IN CONNECTION WITH THIS APPLICATION IS AT YOUR OWN RISK AND THAT THE COMPANY AND ITS THIRD PARTY BENEFICIARIES ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR USE OF ANY PERSONAL OR OTHER INFORMATION, INCLUDING, WITHOUT LIMITATION, LOCATION INFORMATION. ALL INFORMATION UPLOADED TO THE APPLICATION MAY BE STORED ON YOUR MOBILE DEVICE AND YOU UNDERSTAND THAT THE SECURITY AND SAFETY OF YOUR MOBILE DEVICE AND YOUR VEHICLE IS YOUR SOLE RESPONSIBILITY.
IN ADDITION, THE COMPANY AND ITS THIRD PARTY BENEFICIARIES SHALL HAVE NO LIABILITY 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.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE TO EXCUSE ANY NON- PERFORMANCE BY THE COMPANY AND ITS THIRD PARTY BENEFICIARIES OR ANY SERVICE PROVIDER CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND THE CONTROL OF THE COMPANY, ITS THIRD PARTY BENEFICIARIES AND ITS SERVICE PROVIDERS.
F ANOTHER WIRELESS SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY THAT IT IMPOSES ON ITS CUSTOMERS.
YOU AGREE THAT NEITHER THE COMPANY, ITS THIRD PARTY BENEFICIARIES NOR ANY OF ITS SERVICE PROVIDERS WHO SEND YOU DATA OR INFORMATION THROUGH THE APPLICATION IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION.
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 VEHICLE OR LEXUS COMFORT+ BLUETOOTH HUB SERVICES, TO ANYONE MAKING A CLAIM ON YOUR BEHALF, AND TO ANY CLAIMS MADE BY YOUR FAMILY, EMPLOYEES, CUSTOMERS, OR OTHERS ARISING OUT OF OR RELATING TO THIS APPLICATION, OR THE LEXUS COMFORT+ BLUETOOTH HUB ACCESSORIES.
SOME PROVINCES OR 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.
YOU HEREBY RELEASE AND DISCHARGE THE COMPANY, ITS THIRD PARTY BENEFICIARIES TO THIS AGREEMENT AND THE COMPANY’S LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF SERVICES RELATED TO THE APPLICATION) FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE APPLICATION.
You agree to indemnify and hold harmless the Company and its third party beneficiaries from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to your acts and omissions, your use of the Application, your breach of this Agreement, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
The Application is available through your mobile device when your mobile device is within the Bluetooth operating range of the LEXUS COMFORT+ Bluetooth Hub. The Application is subject to transmission limitation or interruption. The Company and its third party beneficiaries do not guarantee that the Application (or any portion thereof) will be available at all times and/ or in all areas. You acknowledge and agree that the Company and its third party beneficiaries are not responsible for performance degradation, interruption or delays. You acknowledge that the Company and its third party beneficiaries shall not be liable to you if the Application in a given location is not available. If the Application is not available within your intended location, you agree that your sole remedy shall be to cease using the Application.
This Agreement is effective until terminated by you or the Company. We may terminate this Agreement for any or no reason, and with or without notice to you. Your rights under this Agreement will terminate automatically without notice from the Company if you fail to comply with any term of this Agreement. Upon termination of this Agreement, you shall cease all use of the Application.
We may change, modify, or update this Agreement and/or the Application, including the Application features, from time to time. If applicable, you will be notified that a new version of the Application is available and you will be asked if you wish to upgrade to a new version of the Application. If you use the Application after the upgrade in the Application or change(s) to this Agreement, you agree to such change(s) and its applicability to you. Unless explicitly stated otherwise, any new features or services that augment or enhance the Application in the future shall be considered part of the Application and subject to this Agreement. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, the Application (or any portion thereof), with or without notice to you, and you agree that the Company and its third party beneficiaries shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.
You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your Equipment (as defined below).
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE APPLICATION TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THIS PROVISION DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
It is the Company’s goal that the Application meet your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, the Company is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with the Company, you acknowledge and agree that you will first give the Company an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to DEFA NORTH AMERICA INC. at15 Allstate Parkway, 6th Floor, Markham Ontario L3R 5B4. You then agree to negotiate with the Company in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after the Company’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Application and these Terms shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the Company , its third party beneficiaries or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Company , its third party beneficiaries and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision)
Arbitration under this Agreement shall be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with the Company as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, the Company agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT.
If you do not agree to this mandatory arbitration provision with regard to your use of the Application, then prior to downloading, registering for and using the Application, you may opt-out of this part of the Agreement by sending written notification to the following address: DEFA NORTH AMERICA INC. at 15 Allstate Parkway, 6th Floor, Markham Ontario L3R 5B4.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATION, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE COMPANY BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
In no event shall any claim, action or proceeding by you related in any way to the Application or this Agreement be instituted more than three (3) years after the cause of action arose.
For the purpose of this Agreement, “Equipment” shall mean any hardware, software or networks associated with bringing you the Application, including, but not limited to, your mobile device and your LEXUS COMFORT+ Bluetooth Hub.
Assignment: You may not assign this Agreement without the Company’s prior written consent.
Entire Agreement: This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
Governing Laws: THIS AGREEMENT IS SUBJECT TO THE LAWS (EXCLUDING CONFLICTS OF LAWS PROVISIONS) OF THE PROVINCE OF ONTARIO AND THE APPLICABLE LAWS OF CANADA.
Export Control Laws: You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Application. You agree that you will not export or re-export the Application in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law.
Your Representations and Warranties. By downloading the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Responsibility. You acknowledge that Apple is not responsible for addressing any claims relating to the Application or your possession or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, as between Apple and the Company, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
Third-Party Beneficiaries. YOU ACKNOWLEDGE AND AGREE THAT, AS APPLICABLE, LEXUS CANADA INC. AND ITS PARENT, SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE DISTRIBUTORS, DEALERS, DEALER ASSOCIATIONS AND ADVERTISING AND PROMOTIONS AGENCIES, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, (HEREINAFTER REFERRED TO AS THE “LEXUS PARTIES”) APPLE AND APPLE’S SUBSIDIARIES, GOOGLE AND GOOGLE’S SUBSIDIARIES, AND ALL OTHER SERVICE PROVIDERS TO LEXUS COMFORT+ BLUETOOTH HUB APPLICATION AND SERVICE, ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT AND THAT, UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE LEXUS PARTIES, APPLE, GOOGLE, AND SERVICE PROVIDERS, AS APPLICABLE, WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE THIS AGREEMENT AGAINST YOU AS A THIRD-PARTY BENEFICIARY THEREOF.
Additional Provisions: The Application is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
If you have any questions, complaints or claims about the Application, or if you are having any technical difficulties with the Application itself, please contact us:
United States customers can call us at:
Canadian Customers can call us at 1‐800‐26‐LEXUS (1‐800‐265‐3987)