NISSANCONNECT SERVICES APPLICATION TERMS OF USE Effective Date: May 12, 2015

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1 NISSANCONNECT SERVICES APPLICATION TERMS OF USE Effective Date: May 12, 2015 These Terms of Use ( Application Terms ) apply to access to and use of the NissanConnect Services SM powered by SiriusXM Customer Web Portal (the Site ) and Mobile Application (the App ). The Application Terms describe the conditions under which users may access and use the account information and management services provided to NissanConnect Services Subscribers by Nissan Canada Inc., its affiliates, subsidiaries and dealers, ( Nissan ) and/or SXM CVS Canada Inc., its affiliates, subsidiaries, and assigns, ( SXM CVS ). SXM CVS and Nissan may be collectively referred to herein as we, us or our. Use of the Site and the App are also subject to the NissanConnect Services Privacy Policy and the NissanConnect Services Subscriber Agreement. In the event of any conflict between the Application Terms and Nissan or SXM CVS website terms, these Terms shall govern with respect to your access to and use of the Site and the App. By accessing or using the Site or the App, you acknowledge that you have read, understood, and agree to be bound by, without limitation or qualification, the terms of use set forth herein and shall comply with all applicable laws and regulations. If you do not agree to the terms of use set forth in these Application Terms, please do not use the Site or the App. 1. Intellectual Property Rights The contents of the Site and the App including, but not limited to, the text, images and video contained herein and their arrangement are the property of SXM CVS and/or Nissan unless otherwise stated. All trademarks, logos and service marks used or referred to in the Site or the App (collectively, Trademarks ) are the property of their respective owners. Your use of the Trademarks displayed on the Site or the App, or any other content on the Site or the App, except as provided in these terms of use, is strictly prohibited. The Site, the App or any of the content provided in the Site or the App, 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. You may, however, download, display, and/or print one copy of the Site or of the App, or a part thereof, for your personal, non-commercial use without modifying the content displayed from either the Site or the App, including all copyright, Trademark, and other proprietary notices. You must also accept any terms, conditions, and notices accompanying the content or otherwise set forth anywhere in the Site or in the App. Any software, application and other materials with their own licence terms, conditions, and notices that are made available for download, access, or other use from the Site or through the App will be governed by such terms, conditions, and notices. Except for this limited permission, we do not grant any express or implied rights or licences 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. 1

2 2. Links to the Site The Site is operated by SXM CVS for the private use of NissanConnect Services subscribers, and is accessible through the website. All links to the Site must be approved in writing by SXM CVS or Nissan. In the event such approval is granted, as a further condition to being permitted to link to the Site, you agree that SXM CVS or Nissan may at any time, at their sole discretion, terminate permission to link to the Site. In such event, you agree to immediately remove all links to the Site and to cease using any SXM CVS or Nissan trademark. 3. Use of the Site and the App Your use of the Site or of the App must comply with all applicable federal, provincial and local laws, rules and regulations. You are prohibited from transmitting any information or providing any content 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) 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, data, or personal information whether belonging to SXM CVS, Nissan, or a third party, or (e) 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 the App, you agree to the collection and use of your information as stated in the NissanConnect Services Privacy Policy (the Policy ). In addition to any information you provide us through the Site or the App, we or our third party providers may collect and record data on the use and performance of the Site during your visit ( Usage Data ) through cookies, log files and other technology, which may include without limitation the pages you view, the search terms you enter, your IP address, your operating systems and browser client, and your geographic location. We use this information as set forth in the Policy. We may also share Usage Data in an aggregate data format with a third party; however, such data format would not include personal information. Neither the Site nor the App respond to do not track beacons or other such signals. You may have received a tracking mechanism prior to your visit to the Site or your use of the App from other parties that will continue to track your activity while using the Site or the App. 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 and 4. Links to External Websites The Site may contain links to and from other websites. Neither Nissan nor SXM CVS makes any representations whatsoever about any other website that you may have accessed from our website, or the information, goods or services available on such third party websites. Neither Nissan nor SXM CVS are responsible for the privacy practices, content or availability of those 2

3 websites and we deny any liability whatsoever for use of such websites, or any information, products or services available on such websites. Your access to and/or use of such websites will be covered by their own Terms of Use and Privacy Policies, which we encourage you to read. 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 OR THE APP 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, THE APP 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. SXM CVS AND NISSAN HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE APP 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 SXM CVS, NISSAN OR THEIR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. WITHOUT LIMITATION, NEITHER SXM CVS NOR NISSAN MAKES ANY WARRANTY OR GUARANTEE THAT THE USE OF THE SITE OR THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SXM CVS OR NISSAN 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, THE APP OR ANY USE OF THE SITE OR THE APP, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE OR THE APP, 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 SXM CVS OR NISSAN 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 SXM CVS s and Nissan 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 Two Hundred Dollars (200.00) in Canadian funds. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 3

4 6. Changes to These Terms of Use We reserve the right to change the Application Terms at any time, which will be indicated by the Effective Date. It is your responsibility to review the Application 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 or the App and your continued use of the Site or the App constitutes your acceptance of the most recent version of the Application Terms. We may make improvements or changes in any NissanConnect Services products, services, or programs described in the Site or in the App at any time without notice. 7. Termination of Access You may voluntarily terminate your access to the Site or your use of the App at any time. Your failure to comply with the terms, conditions, and notices on the Site or the App will result without prior notice in automatic termination of any rights granted to you, including your rights to access the Site or the App. 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 and the App. We reserve the right to block your access to the Site or the App using any available technological means if you do not comply. Neither SXM CVS nor Nissan shall be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Site or the App. The terms regarding limits on liability, voluntary submissions and Intellectual Property Rights shall survive the termination of the Application Terms, and shall remain in effect indefinitely. 8. Miscellaneous The Application Terms and any action related to them shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the laws of Canada applicable therein. The exclusive jurisdiction and venue of any action with respect to the subject matter of the Site, the App or the Application Terms shall be in the courts of the Regional Municipality of Peel, Province of Ontario. If any provision of the Application Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Application Terms and shall not affect the validity and enforceability of any remaining provisions. Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through the Site or the App. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over the Application Terms. Please see the applicable agreement or notice. 9. Contact Us You may contact us by calling us at ; by writing us at: NissanConnect Services powered by SiriusXM, P.O. Box 33058, Detroit, MI 48232; or by any other means specified in a communication received from us. 4

5 10. Designated Copyright Agent You may contact the agent for receipt of notice of copyright claims in relation to this Site or the App at: SXM CVS Canada Inc., Bay Street, Royal Bank Plaza, South Tower, Toronto, ON M5J 2Z4, ATTN: NissanConnect Services Copyright Agent. 5