This Terms of Service Agreement was last revised on August 24, 2021
This Terms of Service Agreement (“Agreement”) is a legally binding agreement made by and between Pioneer Corporation, located at 28-8, Honkomagome 2-chome, Bunkyo-ku, Tokyo 113-0021, Japan (“Pioneer”, “we”, “us” and “our”), and you, personally and, if applicable, on behalf of the person who is under the age of 18 who is, or for whom you are, using AppRadioLIVE, and if applicable, the entity for whom you are using the Pioneer Cloud Service (collectively, “you”, “your”, “yours”). This Agreement governs your access to and use of the services offered by Pioneer through the Pioneer Cloud Service (“Service”), so please read them carefully.
BY SIGNIFYING YOUR AGREEMENT THROUGH AN APPLICATION THAT ACCESSES THE SERVICES (“APPLICATION”), CREATING AN APPRADIOLIVE ACCOUNT, OR ACCESSING OR CONTINUING TO ACCESS ANY OTHER CONTENT THROUGH AN APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IN PARTICULAR, THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT. IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE SERVICES OR THE APPLICATION (INCLUDING THE PRIVACY POLICY AND END USER LICENSE AGREEMENT), YOU ARE REQUIRED TO AGREE TO AND FOLLOW THOSE AS WELL IN ORDER TO USE THE APPLICATION OR SERVICES. THOSE POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND TO FOLLOW ALL APPLICABLE LAWS, GUIDELINES AND POLICIES, DO NOT ACCESS OR USE THE APPLICATION OR SERVICES.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, PIONEER RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE APPRADIOLIVE APPLICATION OR SERVICES CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED. WE WILL POST THE AMENDED AGREEMENT ON THIS PAGE AND INDICATE AT THE TOP OF THE PAGE THE DATE THE AGREEMENT WAS LAST REVISED. IF YOU DO NOT OBJECT WITHIN ONE MONTH, YOU ARE DEEMEND TO AGREE TO THE CHANGE. IF YOU DO NOT AGREE, THE AGREEMENT WILL BE DEEMED TO BE TERMINATED BY YOUR NOTICE OF OBJECTION AND YOU SHALL NO LONGER USE THE SERVICES.
1. Using the Services.
With AppRadioLIVE, Pioneer may offer you the following Services (some Services are only available if you create an account):
The abovementioned Services that are marked with an * can be offered without creation of an AppRadioLIVE account.
These Services are for the time being offered free of charge. However, Pioneer reserves the right to make the use of the Services subject to payment in the future.
The use of the Services is subject to the following conditions and restrictions:
You must be an eligible user. The Services are designed to be used by adults, or with the supervision and the express permission of an adult. Your use of the Services or registering for an AppRadioLIVE account will be deemed to be a representation that you are the legal age of majority in your state of residence, have the permission of your parent or legal guardian who is over the age of 18, or are otherwise an entity that can form legally binding contracts under applicable law. The Services and Application are not intended for children under the age of 16. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible.
You must follow all laws. You must comply with all of the terms and conditions of this Agreement, any policies referred to below, and all applicable laws, regulations and rules when you use the Services.
Use the Services responsibly. The Services allow you to access Pioneer and third party applications and/or services in a variety of settings. You agree to use the Services in:
You agree not to use the Services:
Pioneer is not in any way responsible for any such use by you or for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services. In all cases, Pioneer may limit or revoke your use, for any reason and at any time. IT IS ILLEGAL IN MOST OF THE UNITED STATES FOR ANY TELEVISION OR OTHER VIDEO DISPLAY, STREAM, TRANSMISSION OR BROADCAST TO BE VISIBLE TO THE DRIVER WHILE THE VEHICLE IS IN MOTION.
YOU AGREE NOT TO USE ANY VISUAL COMPONENT OF THE SERVICES WHILE IN CONTROL OF A MOVING VEHICLE WHERE DOING SO WOULD BE ILLEGAL OR DANGEROUS. DOING OTHERWISE COULD LEAD TO SERIOUS INJURY OR DEATH TO YOU AND OTHERS. PLEASE FIND A SAFE PLACE TO PARK AND ENGAGE THE PARKING BRAKE BEFORE VIEWING ANY VIDEO DISPLAYS, STREAMS, TRANSMISSION, OR BROADCAST AVAILABLE THROUGH THE SERVICES.
Third party materials.
Through AppRadioLIVE, you can access third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (collectively, “Third Party Materials”). Pioneer is not responsible for any Third Party Materials available through the Services. You acknowledge and agree that Pioneer does not have or maintain any control over Third Party Materials and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials.
Third Party Materials may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Pioneer with respect to AppRadioLIVE. You are responsible for reviewing any terms of use, privacy policies and other terms governing your use of these Third Party Materials, which you use at your own exclusive responsibility and risk. By using the Third Party Materials, you agree to comply with the use terms of the provider of such Third-Party Materials:
INRIX
Privacy Policy: https://inrix.com/site-privacy-policy/
OpenWeatherMap
Privacy Policy: https://openweather.co.uk/privacy-policy
Yelp
Terms of Service: https://terms.yelp.com/tos/en_us/20200101_en_us/
Privacy Policy: https://www.yelp.com/tos/privacy_en_us_20130910
Feedly
Terms of service: https://feedly.com/i/legal/terms
Privacy Policy: https://feedly.com/i/legal/privacy
Pioneer does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or for any other materials, products, or services of third parties. By using the Third Party Materials, you agree to comply with the use terms of the provider of such Third-Party Materials.
Location and Traffic Data. Location and traffic data provided by the Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Real world traffic restrictions, advisories and conditions are always more important than guidance given by third party navigation/mapping data providers. Neither Pioneer nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data provided by the Services.
Your rights and restrictions.
Software. Any software that is made available to download from or use within the AppRadioLIVE Application or Services (collectively, the “Software”), is the copyrighted work of Pioneer and/or the manufacturers, authors, developers or licensors of such Software. Use of the Software is governed by the terms of the AppRadioLIVE Application end user license agreement that accompanies or is included with the Software.
2. Registration/Communications.
Registration. If you choose to create an account to access AppRadioLIVE (your “Account”), you will be required to provide us with certain contact information, in particular, username and valid email address. Users younger than 16 are not permitted to create Accounts. A user at or over the age of 16 but less than 18 years old may create Accounts with the permission of his or her parent or legal guardian who is over the age of 18.
Consent to Communications from Pioneer and Others. Areas of the Services may request that you provide Pioneer with your email address. By providing Pioneer your email address, you consent to Pioneer using the email address to send you Service-related notices, such as any notices required by law, in lieu of communication by postal mail. Receipt of Service-related emails is essential to and a condition of using the Services.
If you checked the box stating “Pioneer may contact me for marketing purposes” upon creation of your Account, we may also use your email address to send you other commercial messages, including changes to features of the Services or news related to Pioneer. If you do not want to receive such email messages, you may at any time and free of charge opt out. Opting out may prevent you from receiving email messages regarding improvements or new services.
Under no circumstances should you respond to a request for any passwords or other personally identifiable information, particularly a request from an individual claiming to be an employee of Pioneer. Please notify Pioneer immediately if you receive such a request.
You also agree that Pioneer may store and use (or allow third parties to store and use consistent with the Privacy Policy) the registration information you provide for use in maintaining your Account.
Passwords. You will be prompted for a valid username and password whenever you want to access certain aspects of the site or your Account. We recommend that you change your password often, with an interval of no more than 90 days between password changes. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your Account, whether or not such activity was authorized by you. If your username or password is lost or stolen, or if you believe that your Account has been accessed by unauthorized third party, you must notify Pioneer immediately and change your password immediately.
Updates. You agree to update your Account with any changes to information you provided to us. You understand that it is important to keep the email address associated with your account current because although you may be able to log into your Account using an old email address, you will not receive messages from Pioneer about your orders and other inquiries.
3. Privacy Policy/Security.
Privacy Policy. Upon creation of your Account, you were asked to agree to the terms of Pioneer’s Privacy Policy, which is incorporated by reference into this Agreement and forms an integral part of the Agreement.
Security. Pioneer chooses service providers who have access to user information that Pioneer believes provide sufficient guarantees in respect of security. Pioneer secures your personal information through data processing agreements with third parties providing services to Pioneer. Although Pioneer makes every effort to protect your personal information and privacy, Pioneer is unable to guarantee the absolute security of the information. We have implemented commercially reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use your personal information for improper purposes.
Taking into account all the above, however, you acknowledge that you provide your personal information at your own risk.
4. Your Actions: Prohibited Conduct.
You may not use the Services in any way that:
involves, directly or indirectly, the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming” or otherwise uses the communication systems provided by the Services for any commercial solicitation purposes;
permits unauthorized access to restricted or password only access pages or hidden page or images (those not linked to or from another accessible page);
solicits or collects, manually or through an automatic process, passwords or personal identifying information about Users or other information related to the Services for commercial or unlawful purposes;
involves unauthorized commercial activities such as contests, sweepstakes, barter, advertising, or pyramid schemes;
circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Services;
involves the use of viruses, bots, worms, Trojan horses, spiders, offline readers, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or any other methods or technology to interrupt, destroy or limit the functionality of the Services, or any computer software or hardware;any computer software or hardware;
covers or obscures or otherwise interferes with any advertising;
interferes with, disrupts, or creates an undue burden on the networks or services connected to the Services;
impersonates or attempts to impersonate another user, person or entity; misrepresents your affiliation with a person or entity, including (without limitation) Pioneer, uses the account, username, or password of another user at any time or discloses your password to any third party or permits any third party to access your Account; (k) sells, lends or otherwise transfers your Account;
uses any information obtained from the Services in order to harass, abuse, “cyber bully” or harm another person or entity, or attempt to do the same;
infringes or otherwise makes unauthorized use of any intellectual property in any manner not expressly authorized by the owner of such intellectual property, including but not limited to unauthorized use of or access to Third Party Materials;
creates a risk of any other loss or damage to any person or property;
may constitute or contribute to a crime or tort; or
assists or encourages any third party in engaging in any activity prohibited by this Agreement.
5. Our Content.
Copyright. All materials that are part of the Services, including without limitation, the logos, design, text, graphics, data, audio clips, video clips and/or any other original files or materials and the selection, arrangement and organization thereof are owned by Pioneer, its licensors or other entities. Unauthorized use of such materials is strictly prohibited. Pioneer content, © 2014 Pioneer Corporation and its affiliates and licensors.
Trademarks / Trade names. Pioneer, APPRADIO, AppRadioLIVE, and related trademarks, logos and designs are trademarks of Pioneer Corporation. All page headers, custom graphics, button icons and scripts are trademarks, trade names or trade dress of Pioneer. All other trademarks, trade names and the like that appear in the Services are the property of their respective owners. You may not use any of the Pioneer or third party trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission. For example, you may not use any such marks as links from other web sites, or as machine-readable search terms, unless you have our express permission by separate agreement. Notwithstanding, you may “share” links by using the third party sharing widgets we may provide.
Your Ideas. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pioneer under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use and exploit the Ideas without any additional compensation or credit to you. You acknowledge that, by acceptance of your submission, Pioneer does not waive any rights to use similar or related ideas previously known to Pioneer, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas will, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and an irrevocable waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and will remain solely responsible for the content of any Ideas you make.
6. Third Party Content.
The Services will allow you to connect to third-party content, sites, advertisers, or services (collectively, “Content”) that is not owned or controlled by Pioneer. Information provided by third parties has not been independently authenticated in whole or in part by Pioneer. Such connections to Content have been provided for your convenience only. Pioneer and its Suppliers (defined in Section 11 below) do not endorse, sponsor, approve, or have control over any such Content, including its quality, privacy policies or practices. If you access Content through the Services, you do so at your own risk, and you understand that this Agreement and Pioneer’s Privacy Policy do not apply to your use of such Content. You understand that Pioneer does not provide, sell, license, or lease any products or services other than products and services specifically identified as being provided by Pioneer. You expressly release Pioneer and its Suppliers from any and all liability arising from your use of any Content. Additionally, your dealings with or participation in promotions of advertisers found on such Content (if applicable), including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Pioneer and its Suppliers will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. We encourage you to read the terms and conditions and privacy policy of any Content that you visit.
7. Representations and Warranties.
You represent and warrant to Pioneer that:
you have the full power and authority to enter into and perform your obligations under this Agreement;
your assent to and performance of your obligations under this Agreement does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules;
this Agreement constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions;
you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of Pioneer and/or any third party in your use of the Services; and
you will comply with all applicable laws, rules and regulations in your use of the Services, including this Agreement.
8. Indemnification.
You agree to defend, indemnify, and hold Pioneer and its employees, representatives, Suppliers (as defined in Section 11 below), agents, attorneys, affiliates, directors, officers, and members (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs, as allowed by laws applicable to you) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties:
alleging facts or circumstances that would constitute a breach of any provision of this Agreement by you, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to content you submit,
arising from, related to, or connected with your use of the Services,
any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future).
If you are obligated to provide indemnification pursuant to this provision, Pioneer may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Pioneer.
9. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT ALLOWED BY LAWS APPLICABLE TO YOUR USE, YOU USE THE APPLICATION AND SERVICES AT YOUR OWN RISK. PIONEER AND ITS SUPPLIERS PROVIDE THE APPLICATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.
PIONEER DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION OR SERVICES OR THEIR USE:
PIONEER MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
PIONEER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PIONEER WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
RELEASE AND WAIVER. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST PIONEER AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY, AND FROM ALL DAMAGES OF WHATEVER NATURE, IN RELATION TO THE USE, OPERATION, CONTENT, AVAILABILITY OR SUBLICENSE OF THE SERVICES OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, TRAFFIC DATA.
EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PIONEER, ITS AFFILIATES, DIRECTORS, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES, SUPPLIERS, OR REPRESENTATIVES (WHO ARE ALL THIRD-PARTY BENEFICIEARIES) BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM BREACH OF CONTRACT, WARRANTY, TORT OR STRICT LIABILITY FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED, EVEN IF PIONEER OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY. IN NO EVENT OTHER THAN PIONEER’S WILLFUL MISCONDUCT WILL THE LIABILITY OF PIONEER OR ITS SUPPLIERS IN CONNECTION WITH THIS AGREEMENT, THE SERVICES EXCEED $10, OR THE PRICE PAID FOR THE PIONEER PRODUCT PURCHASED FOR USE WITH THE SOFTWARE, WHICHEVER IS GREATER.
ADDITIONAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OF RESIDENCE.
10. Third-party Beneficiaries.
Our suppliers and licensors, their respective suppliers and licensors, and any white-label customers, OEM licensees, and other business “partners,” (collectively, “Suppliers”) are intended third-party beneficiaries of this Agreement. The Suppliers may enforce the provisions of this Agreement against you and the disclaimers, release, exclusions, limitations, and other provisions of this Agreement will inure to the benefit of such Suppliers.
11. Force Majeure.
Pioneer will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to Pioneer to perform, fire, terrorism, natural disaster or war.
12. Disputes.
Governing Law. If You are a resident of any EU member state, this Agreement is governed by and will be construed in accordance with Belgian law. If you are a resident of the United States, this Agreement is governed by and will be construed in accordance with the laws of the State of California, U.S.A. If you are resident of any territory outside the United States or the EU, this Agreement is governed by and will be construed in accordance with the laws of Japan.
Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement, you agree to provide us with a brief, written description of the dispute and your contact information, including your AppRadioLIVE account username, by contacting us here: pioneer.jp/en/product_support/contact and giving us 30 days within which to resolve the dispute to your satisfaction. If we do not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.
Arbitration Agreement. If you are a resident of any EU member state: The Parties can choose to finally settle all claims that are not resolved by the Informal Resolution procedure, arising out of, relating to, or connected with this Agreement (including its formation, interpretation, applicability, enforceability, performance and breach) or the Services by binding arbitration. If parties agree to settle claims by arbitration, such arbitration shall be conducted under the arbitration rules of the International Chamber of Commerce by three arbitrators designated in accordance with those rules. The arbitration shall be held in Brussels in the English language. The arbitrator will not have the power to conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If you are a resident of the United States: Any claims by us, or claims by you that are not resolved by the Informal Resolution procedure, arising out of, relating to, or connected with this Agreement must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. This agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 USC §1, et. seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. The arbitrator will not have the power to conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If you are a resident of Japan or of another country outside of Europe or the United States: Any claims by us, or claims by you that are not resolved by the Informal Resolution procedure, arising out of, relating to, or connected with this Agreement shall be finally settled by arbitration in Tokyo, Japan, in accordance with the ADR Rules of the International Chamber of Commerce. The award of arbitration shall be final and binding upon both parties and shall have the reasoning therein.
Exceptions. There are only two exceptions to this arbitration agreement.
First, if we reasonably believe that you have in any manner violated or threatened to infringe the intellectual property rights associated with AppRadioLIVE or any Services offered, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
Second, if you are a resident of the United States, any dispute arising from, related to, or connected with this Agreement may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court. If you are a resident of any EU member state, in case you do not agree to settle claims through arbitration, Belgian courts shall have exclusive jurisdiction to settle all claims arising out of or relating to this Agreement (including its formation, performance and breach) and the Services.
13. Changes to the Services.
Pioneer may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Services, temporarily or permanently, at any time without notice to you, and Pioneer will not be liable for doing so. Additionally, Pioneer may delegate the provision of certain aspects of the Services to its affiliates and consultants. The Services could include inaccuracies or typographical errors. If you do not object within one month against the changes made, you are deemed to agree to those changes. If you do not agree with any changes made to Services, you may terminate this Agreement (and your Account) by contacting Pioneer: pioneer.jp/en/product_support/contact. You understand and acknowledge that termination of your Account will render any Software non-functional and you shall no longer use the Services associated with the Account.
14. Termination.
This Agreement commences upon your acceptance (as described in the preamble) and is concluded for an indefinite term. Pioneer or you may terminate this Agreement at any time by giving a one month written notice to the other Party. Pioneer may terminate this Agreement, and therefore your right to use the Services, without any prior notice, without any prior judicial intervention, and with immediate effect if you fail to comply with any provision of this Agreement. If this Agreement is terminated, you shall immediately cease all use of the Services.
15. Notices and Electronic Communications.
Except as otherwise specifically provided in this Agreement, all notices required by or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified mail, return receipt requested, postage prepaid, or (iii) electronic mail. If you give notice to Pioneer, you may use one of the following addresses:
Pioneer Electronics (USA) Inc.If Pioneer provides notice to you, Pioneer must use the contact information provided by you to Pioneer. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if delivery by mail on the date of receipt appearing on a return receipt card, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
16. Additional Terms.
Software made available on this Website may be subject to United States export control laws, which state that certain software cannot be downloaded from this Website to certain countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software made available on this Website, you represent and warrant that you are not located in, under the control of, or a national, or resident of any such country or on any such list. This Agreement contains the entire understanding of you and Pioneer regarding the use of the Services, and supersedes all prior and contemporaneous agreements and understandings between you and Pioneer regarding its subject matter. This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferable by you without the prior written consent of Pioneer. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. “Including” means “including without limitation.” You and Pioneer are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect. In the event of nullity, invalidity or unenforceability of one or more provisions of this Agreement, the Parties shall replace that provision with a valid and enforceable provision with an economic effect as close as possible to the deficient provision.
17. Contact Us.
If you have any questions or complaints about these Terms of Service or your Account, you may contact us here: pioneer.jp/en/product_support/contact or by postal mail at one of the addresses in Section 15.
View August 1, 2020 Pioneer Cloud Terms of Service here.