Website Terms of Use

These terms of use are entered into by and between You and Nissan North America, Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they may expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of  Company’s websites, including any content, functionality, and services offered on or through www.infinitiusa.com and websites of associated brands  (the "Website"), whether as a guest or a registered user.

Your access and use of this Website, among other things, are governed by these Terms of Use. All references to “using” or “use” of the Website in these terms include accessing, visiting, or interacting with the Website in any way. By using the Website, you are agreeing to follow these rules and to be bound by them. If you do not agree with any of these Terms of Use, do not use the Website. Please read the Terms of Use carefully before you start to use the Website. All information we collect on this Website is subject to our Privacy Notice, found at https://www.infinitiusa.com/privacy.html. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, please do not access or use the Website. 

This Website is intended for viewing to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, please do not access or use the Website.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

We reserve the right to modify, suspend, amend, or temporarily discontinue this Website, and any service or material we provide on the Website, in our sole discretion without notice at any time and from time to time. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. Use of this Website after any changes are posted will be considered acceptance of such changes.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

You may have the opportunity to register for an account on the Website to access certain features of the Website. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing
  and viewing those materials.


• You may store files that are automatically cached by your Web browser for display enhancement
  purposes.


• You may print or download one copy of a reasonable number of pages of the Website for your own
  personal, non-commercial use and not for further reproduction, publication, or distribution.


• If we provide desktop, mobile, or other applications for download, you may download a single copy to
  your computer or mobile device solely for your own personal, non-commercial use, provided you agree
  to be bound by our end user license agreement for such
  applications.


• If we provide social media features with certain content, you may take such actions as are enabled by
  such features.

You must not:

• Modify copies of any materials from this site.


• Use any illustrations, photographs, video or audio sequences, or any graphics.


• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from
  this site.


• You must not access or use for any commercial purposes any part of the Website or any services or
  materials available through the Website. 

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company name, the INFINITI trademarks, logos and emblems, all vehicle model names, logos, product, technology and service names, designs, and slogans (the “Trademarks”) are trademarks of the Company or its parent, affiliates or licensors. You must not use such Trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

The INFINITI Trademarks may only be used in text form only to the extent reasonably necessary to identify INFINITI products and services. Any other use of any INFINITI Trademark is prohibited without prior written approval from INFINITI.

This Website may provide interactive services, including chatbot and managed chat and session replay technology. By accessing or using any of these features, you agree that we may record and retain a transcript of all communications with you via these interactive tools, and/or may record or recreate your activity while using the Website, in order to provide services, enhance your Website experience, and for quality and verification purposes. We may work with trusted service providers to analyze, store, and/or use this data on our behalf. Your use or access of any of these tools or of our Website is governed by this section and our Privacy Notice.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature.
  


• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple
  works on the Website, a representative list of such works.


• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to
  locate that material.


• Adequate information by which we can contact you (including your name, postal address, telephone
  number, and, if available, email address).


• A statement that you have a good faith belief that use of the copyrighted material is not authorized by
  the copyright owner, its agent, or the law.


• A statement that the information in the written notice is accurate.


• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

By Mail:

Nissan North America, Inc.

P.O. BOX 685001

Franklin, TN 37068-5001

Attn: Sr. Counsel, Copyrights and Trademarks

By E-mail:

copyrights@nissan-usa.com

Subject line: DMCA

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

If the Website contains links to other  web sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to leave this Website to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. The INFINITI products and services described on the Website contain U.S. specifications and equipment and are offered only in the United States. Any promotional offers displayed on the Website is only available in the United States, and as specifically indicated in the offer terms. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT THE COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, “AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and costs) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CONTACTING CUSTOMER SERVICE AT 800-662-6200. IN THE UNLIKELY EVENT THAT OUR CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT, INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. IN ARBITRATION, BOTH YOU AND THE COMPANY WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

a.  If we are unable to resolve the dispute, and neither party chooses small claims court to resolve the dispute, you and the Company agree to arbitrate any and all disputes and claims between you and us arising out of or relating to this Agreement, use of the Website, products, or services, whether you are a visitor to the Website or a customer, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including injunctive and other relief sought, may be brought in a court of competent jurisdiction.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and the Company are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

b.   A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be addressed to: P.O. Box 685003, Franklin, TN 37068-5003 ("Notice Address''). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from the Company (“Demand”). Neither party shall initiate legal action until 60 days after the Notice is received. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).

c. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at (800) 778-7879, or by writing to the Notice Address. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable.

d. The place of arbitration shall be Tennessee. The arbitration shall be governed by the laws of the State of Tennessee. Case Management Conferences and other hearings shall be heard via telephone unless otherwise agreed to. Parties must attend all telephonic and in-person hearings and Case Management Conferences with counsel unless otherwise agreed to by the parties.

e. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

f.  If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules and the above paragraph shall not apply. If an arbitrator finds that your Demand is frivolous or brought for an improper purpose, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

g. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. 

h. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law. 

i. Notwithstanding any provision in this Agreement to the contrary, we agree that if the Company makes any material change to this arbitration provision (other than a change to the Notice Address) after your use of the Website, you may reject any such change and require the Company to adhere to the language in this arbitration provision as written at the time of your use of the Website or the purchase at issue if a dispute between us arises, by providing Notice to the Company at the Notice Address listed above.

IN NO EVENT SHALL ANY CAUSE OF ACTION, CLAIM, OR PROCEEDING BY YOU RELATED IN ANY WAY TO THESE TERMS OF USE OR THE WEBSITE  BE COMMENCED OR INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

The Terms of Use, and our Privacy Notice constitute the sole and entire agreement between you and INFINITI Division of Nissan North America, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.