AFEELA Account Terms and Conditions

1. About these Terms and Conditions

These AFEELA Account Terms and Conditions ("Terms and Conditions") are an agreement between you and Sony Honda Mobility of America Inc. and its Affiliates (hereinafter referred to as the “Company”) regarding the services provided by the Company on their website or via an application in relation to the use and registration of the AFEELA Account to you as specified in these Terms and Conditions.

If you reside in Japan, please see our Japan AFEELA Account Terms and Conditions.

Please review these Terms and Conditions carefully. If you do not agree to these terms and conditions, you should not continue accessing or otherwise using the AFEELA Account. By accessing the website or application, you warrant that you are at least 18 years old.

Section 25 of these Terms and Conditions include a binding arbitration clause and class action waiver, which means you agree to submit any dispute related to the Terms, the AFEELA Account, and your relationship with us to binding arbitration rather than proceeding in court. You may opt-out of this mandatory arbitration agreement only by following the procedures below. UNLESS YOU OPT OUT: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND WAIVING YOUR RIGHT TO HAVE A JURY TRIAL.

2. Applicable Scope

2.1 These Terms and Conditions apply to the registration for an AFEELA Account and the use of all Services.

2.2 When using the Service, the User shall comply with these Terms and Conditions and any other applicable Individual Terms and Conditions that may be listed on our site. In the event of any discrepancy between these Terms and Conditions and the Individual Terms and Conditions, the Individual Terms and Conditions shall prevail.

3. Definitions.

The following terms used in the Terms and Conditions shall have the meaning as set out below:

(1) “AFEELA Account": a personal profile which is created by the User to access the Services.

(2) “AFEELA Account Authentication Information”: the email address used as a user name, password and other authentication information required to use an AFEELA Account.

(3) “Affiliates”: any parent company and any subsidiaries, holding companies, or group companies.

(4) “Individual Terms and Conditions”: Terms and conditions which are set forth by the Company, in addition to these Terms and Conditions, which apply to individual Services provided by the Company.

(5) “Service”: the service(s) provided by the Company to the User pursuant to an AFEELA Account.

(6) “User”: A person who has received AFEELA Account registration information from the Company in accordance with these Terms and Conditions.

4. Changes to these Terms and Conditions

4.1 The Company reserves the right to change these Terms and Conditions at any time. Any changes to these Terms and Conditions will be notified to you or published on our website with the effective date of the changes.

4.2 Continued use by the User of the AFEELA Account and the Services after any notifications or publications in relation to changes to the Terms and Conditions as set out in the above paragraph shall be deemed as the User's acceptance of any changes to the Terms and Conditions. If the User does not agree to any such changes to the Terms and Conditions, the User must cease using the AFEELA Account and the Services.

5. Registering for an AFEELA Account

5.1 Any person interested in creating an AFEELA Account, shall provide information such as their e-mail address, password and other information specified by the Company ("Registration Information") in accordance with the method prescribed by the Company. A customer number will be issued to the User once the Company approves the Registration Information provided by the User.

5.2 Any person interested in creating an AFEELA Account must provide true and accurate information when creating an AFEELA Account as described in the paragraph above.

5.3 The Company may reject an application for an AFEELA Account or terminate an existing AFEELA Account registration if any of the following conditions apply to any person interested in creating or using an AFEELA Account:

(1) the applicant does not exist;

(2) the applicant uses a pseudonym, the name of another person, or plagiarizes in order to create an AFEELA Account;

(3) the applicant provides untrue, inaccurate, or incomplete information in creating an AFEELA Account;

(4) the applicant is considered to be associated with or has a relationship with antisocial forces;

(5) the applicant does not agree to the Terms and Conditions;

(6) there is a violation of the Terms and Conditions; or

(7) any other cases where the Company deems the actions of the User to be inappropriate.

6. Responsibility in managing information pertaining to AFEELA Account

6.1 The User shall manage their AFEELA Account, Customer Number and password at their own risk and shall be responsible for the use of their AFEELA Account, the Services, and any other activities conducted by the User through the use of the AFEELA Account Information. The Company shall not be liable for any loss arising from any unauthorized use of the User's AFEELA Account.

6.2 If the Company confirms, using a prescribed method, that the information provided at the time of login to the Services matches the AFEELA Authentication Information, the Company shall deem the login to be genuine and use of the Services by the User.

6.3 If the User is provided with AFEELA Account Authentication 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. Any accounts you create are personal to you, and you must not provide any other person with access to the AFEELA Account or Services or portions of it using your AFEELA Account Authentication Information. You must notify us immediately of any unauthorized access to or use of your AFEELA Account Authentication Information or any other breach of security.

7. Change of registration information

7.1 In the event the User would like to change any of their Registration Information, the User may change their Registration Information and notify the Company via the "My Account" on the Company's website.

7.2 The Company shall not be liable for any damages or disadvantage caused by the User's failure to notify the Company of changes to their Registration Information as set out in Section 7.1 above.

8. Prohibition of transfer

The User may not assign or transfer their rights in relation to their use of the Services to any third party or grant a pledge or other security interest in the Services.

9. Withdrawal of AFEELA Account and cancellation of registration

9.1 If the User wishes to cancel their AFEELA Account ("Cancellation"), the User must make a request to the Company to cancel the AFEELA Account via the "My Account" on the Company website. The Cancellation of the User's AFEELA Account will take effect once the Cancellation request is received and processed by the Company.

9.2 In the event the User is found to be in breach of one of the provisions as set out in Sections 5.3 or 6 or the User has not logged into their AFEELA Account for more than 12 months, the Company has the right to terminate the User's AFEELA Account registration.

9.3 If a User cancels their AFEELA Account or their AFEELA Account registration is terminated, the User will no longer be able to use any of the Services, except as otherwise provided by the Company.

9.4 If a User cancels their AFEELA Account or their AFEELA Account is terminated, the Company will delete any personal information which the Company has obtained from the User through their use of the Services in accordance with the Company's privacy policy.

10. Deactivation of AFEELA Account

10.1 We may temporarily suspend the User's AFEELA Account if the User has not logged in to the AFEELA Account for more than 180 days after the User's AFEELA Account has been registered.

10.2 If the User's AFEELA Account is deactivated, the User will not be able to use the Services, unless otherwise set out by the Company, until the User's AFEELA Account has been restored as being active.

10.3 After a temporary suspension of a User's AFEELA Account, the User may reactive their AFEELA Account and resume use of the Services by logging in and using their AFEELA Account.

11. Intellectual Property Rights

11.1 Any text, images, audio, video, and information provided to the User through their use of the AFEELA Account or the Services ("Works") and any other copyrights and other intellectual property rights ("Intellectual Property Rights") which relate to the Works are owned by AFEELA or third parties.

11.2 Users agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our intellectual property rights. The Company reserves the right, at its sole discretion, to terminate your use of the AFEELA Account and related website and/or applications at any time.

11.3 Copyrights related to suggestions, impressions, opinions, views and other opinions or works related to the AFEELA Account and the Services which have been submitted or posed by Users to the Company ("User Content") and other related copyrights (including the rights under Article 27 and 28 of the Copyright Act and any other applicable laws) shall belong to the Company. Any person who provides User Content to the Company shall not be permitted to exercise their moral rights with respect to such User Content.

12. Handling of Personal Information

12.1 The Company may collect Registration Information, information obtained through use of the Service, website browsing information related to the Services, and any information obtained by analyzing the information (collectively referred to as "AFEELA Account Personal Information"), which shall be handled by the Company in accordance with thePrivacy Policy posted on the Company's website, and individual privacy policies which are applicable to the Services.

12.2 If the User does not provide the Company with the AFEELA Account Registration Information as requested by the Company, the User's AFEELA Account and use of all or part of the Services may not be possible or may be restricted.

13. Use of the Services

13.1 The Services available to the User through the AFEELA Account shall be specified on the Company's website or in other materials provided by the Company to the User.

13.2 The Company may add, change, or delete all or part of the Service without the prior consent of the User.

13.3 The Company may send emails to the User for the purpose of advertising and marketing of the product or the Services. The User may opt-out of receiving marketing or other communications from us at any time by following the opt-out link or unsubscribe information in correspondence you receive from us.

13.4 Where the User uses services provided by a third party ("External Services"), the User shall comply with the Individual Terms and Conditions in relation to the External Services, in addition to these Terms and Services. The Company shall not be responsible for any External Services or any information provided by third parties.

14. Improvement of the Usage Environment

14.1 Users, at their own expense, shall be responsible for preparing and making available, all communication equipment, software, and all other equipment necessary to use the Services. When using the Services, the User shall be responsible for voluntarily selecting and using an Internet connection via a telecommunications line or telecommunications services at their own expense ("Use Environment").

14.2 The User shall maintain security measures to prevent computer viruses, infection, unauthorized access, and information leaks in accordance with the Use Environment.

14.3 The Company shall not be involved in and assumes no responsibility for the Use Environment of the User.

15. Suspension of AFEELA Account and Services

15.1 The Company may temporarily suspend all or part of the provision of the AFEELA Account or the Services without prior notice to the User if any of the conditions set out below apply:

(1) when performing maintenance, inspecting, or repairing equipment or systems which are necessary to the provision of the AFEELA Account and/or the Services;

(2) if there is a fire, power outage, natural disaster or other emergency that makes it difficult for the Company to provide the AFEELA Account and/or the Services;

(3) failure of telecommunication services provided by telecommunication carriers;

(4) it is necessary to suspend the AFEELA Account and/or the Services for operational or technical reasons;

(5) it is required by applicable law or regulation or a governmental agency or authority; or

(6) any other condition or situation where the Company determines that it is necessary or desirable to suspend the provision of the AFEELA Account and/or the Services.

15.2 The Company may restrict the User's use of the Services without the consent of the User if any of the following conditions set out below apply:

(1) if it is determined that there is a risk of damage to third parties due to the User's involvement, including as a result of infection by viruses or mass mail routes;

(2) if the User violates the Terms and Conditions; or

(3) where the Company deems the situation to be highly urgent.

15.3 The Company shall not be liable for any damages or disadvantage incurred by the User or any other third party due to the suspension of the provision of the AFEELA Account and/or the Service in accordance with the preceding sections, unless such damages or disadvantages are caused by willful misconduct or gross negligence of the Company.

16. Changes or Termination of the AFEELA Account and the Services

16.1 The Company reserves the right to change or terminate your AFEELA Account or any part of the Services at any time. However, if such change or termination is deemed to have a significant impact on the User, the Company shall endeavor to inform the User of the details of the change or termination and the timing of its implementation in advance.

16.2 The Company may terminate your AFEELA account and all of the Services upon providing the User with prior notice.

16.3 The Company shall not be liable to the User for any charges or termination of the AFEELA Account or the Services pursuant to this Section 16.

17. Indemnity

17.1 Except to the extent prohibited by law, you agree to defend, indemnify, and hold the Company, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of any allegation that User Content from you infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these Terms and Conditions.

18. Prohibited activities

The User shall not and shall not via any third party, engage in any of the below actions, through the use of the AFEELA Account and the Services:

(1) unauthorized acquisition or use of another person's AFEELA Account, or AFEELA Account Authentication Information;

(2) duplicating an AFEELA Account, and any Works obtained through the use of the Services beyond the scope of private use, or the use of the Works for commercial purposes;

(3) any acts which infringes on the rights of the Company or third parties;

(4) any acts which defame the goodwill or credibility of the Company or third parties;

(5) deleting or altering any and all information and software provided in connection with the Services and the AFEELA Account, as well as any notices, copyright notices, other notices, or any restrictions based on proprietary rights.

(6) transmitting or writing harmful computer programs;

(7) violating these Terms and Conditions or any Individual Terms and Conditions;

(8) any unauthorized use of the AFEELA Account, or the Services;

(9) any acts which would interfere with the operation of the AFEELA Account, and the Services;

(10) any acts which violate any laws, regulations, public orders; and/or public policy; and

(11) any other activities which the Company may deem to be inappropriate from time to time.

19. Disclaimer

19.1 Except as expressly provided in these Terms and Conditions or Individual Terms and Conditions, the Company does not provide any warranties of any kind, including, but not limited to, implied warranties regarding the fitness for purpose, the quality, the usefulness, or performance of AFEELA Account or the Services. We also do not warrant against the performance of computers, technical or network performance, or accuracy of information provided in connection with AFEELA Account or the Services, or warranties of any other kind, except as expressly provided in these Terms and Conditions or Individual Terms and Conditions. The Company shall not be liable for any damages, or any inconvenience incurred by the User in connection with the User's use of the AFEELA Account and the Services.

19.2 Unless the damages or inconvenience incurred by the User are a direct result of the Company's willful misconduct or gross negligence, the Company shall not be liable for any damage or inconveniences incurred by the User due to the User's inability to use all or part of the AFEELA Account and the Services in the situations as set out below:

(1) any errors in the User's Registration Information or if the User fails to notify the Company of any changes in accordance with Section 7.1;

(2) unauthorized access by a third party or unauthorized actions such as computer viruses despite the reasonable security control measures taken by the Company; or

(3) any interruptions, delays, inabilities to provide the AFEELA Account and Services, or any loss of data due to failure of communication lines, systems, or servers.

19.3 The Company shall not be responsible for any disputes between the User and third parties (including, but not limited to, other Users).

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE AFEELA ACCOUNT OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE AFEELA ACCOUNT OR SERVICES IS TO CEASE ALL OF YOUR USE OF THE AFEELA ACCOUNT AND SERVICES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THE AGREEMENT REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE EXCEED $100.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitation in these Terms that directly conflict with such laws may not apply to you.

21. No transfer of rights and obligations

The User may not assign, succeed, or grant as collateral to any third party all or part of their AFEELA Account and their rights to use the Service.

22. Severability

If any provision of this Terms and Conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect.

23. Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

24. Termination

The Company may terminate these Terms and Conditions at any time, with or without notice, for any reason.

25. Dispute resolution

These Terms and Conditions shall be governed in accordance with the laws of Japan. Unless otherwise provided herein, any dispute arising between the User and the Company with respect to these Terms and Conditions or the use of the AFEELA Account and/or the Services shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

25.1 Dispute Resolution for U.S. individuals:
Please read this section carefully, it sets forth an arbitration agreement that may impact your rights. This agreement stipulates that most disputes shall be resolved through binding arbitration instead of through any legal actions. If a dispute arises, we will do our best to resolve the dispute informally. For any unresolved concern, you may pursue a claim against the Company as explained in this provision.

(a) Governing Law and Jurisdiction. You and we agree that this arbitration agreement is evidence of a transaction in interstate commerce and will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. This arbitration agreement, and these Terms, are made under and will be governed by and construed in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, without regard to the conflict of laws provisions thereof. Any disputes or claims not subject to arbitration, as set forth in this section, will be resolved exclusively in the federal or state courts of Los Angeles County, California, and you and we consent to personal jurisdiction in those courts. This arbitration agreement is intended to be given the broadest interpretation and application in order to encompass all Claims (as defined below) that may arise between us. By using the AFEELA Account and related website/application, you agree that any and all Claims arising out of or relating to your use of the Services (including the interpretation and scope of this arbitration agreement and the arbitrability of the dispute), or your relationship with us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal vehicle) unless expressly excluded from arbitration as set forth below (each a “Claim” and collectively “Claims”), will be resolved via mandatory, binding arbitration, except as set forth in this section, below.

(b) Mandatory Pre-Dispute Resolution Notice Obligation. If a Claim arises, the Company is committed to working with you to reach a reasonable resolution. Prior to initiating any dispute or Claim, as discussed further below, you must first give us an opportunity to resolve any complaints by submitting them in writing tolegal.notices@sony-honda-mobility.com with the subject line “Terms and Conditions - US Dispute Notice.” Your Dispute Notice must contain the following information: (1) your name, (2) address, (3) the email address associated with your account, (4) any other pertinent information, (5) a brief description of the nature of the complaint, and (6) the resolution sought (together, the “Required Information”). If your message does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Dispute Notice shall be without effect, and must be resubmitted before any arbitration or other legal action against the Company can be initiated. This requirement is intended to inform the Company that you have a dispute to be resolved. If we do not resolve the complaint within 60 days of the initiation of the Dispute Notice, you shall be entitled to seek relief as stipulated in this arbitration agreement.

(c) Arbitration Scope and Procedure. This arbitration agreement is intended to be given the broadest interpretation and application in order to encompass all Claims (as defined below) that may arise between us. By using the Services, you agree that any and all Claims arising out of or relating to your use of the Services (including the interpretation and scope of this arbitration agreement and the arbitrability of the dispute), or your relationship with us or any of the Company Parties (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal vehicle) unless expressly excluded from arbitration as set forth below (each a “Claim” and collectively “Claims”), will be resolved via mandatory, binding arbitration, except as set forth in this Section 25 below. Any arbitration shall be initiated through and administered by the American Arbitration Association (“AAA”) in the English language. Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Company shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by the Company. Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this arbitration agreement. If there is a conflict between the AAA’s rules and this arbitration agreement, the terms of this arbitration agreement shall govern. AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Any hearing will be conducted virtually unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, such hearing will take place in Los Angeles, California, or the county and state where you live (unless you and we agree differently). You agree that, in the event of an in-person hearing, any Company employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required.

(d) Fees. The Company agrees to pay all filing, administration, and arbitrator fees, other than the initial filing fee to be paid by you, and if your Claim is for less than $1,000, the Company shall reimburse you for the filing fee upon written request for reimbursement with documentation of insufficient funds to pay the fee. In the event that you are able to demonstrate that the costs of arbitration would be prohibitive as compared to costs of litigation, the Company will pay as much of the filing fee in connection with the arbitration as the arbitrator deems necessary in order to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. In all other cases, we will each bear the fees and expenses for our respective attorneys, experts, witnesses, and for preparation and presentation of evidence at the arbitration.

(e) Confidentiality. Any arbitration shall be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

(f) Arbitration Award. The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting other Company customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. The arbitrator's award will be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party will have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Nothing in these Terms and Conditions. will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the arbitration agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and we agree that any claims for damages must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable Disputes, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before meeting the preconditions of the pre-dispute negotiation process and agreement to arbitrate, you will be waiving your right to seek damages from the Company or the Company Parties relating to the relationship governed by these Terms and Conditions.

(g) Exclusions from Arbitration. You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors' intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); and (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.

(h) Class Action Waiver. In addition to the above, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED BELOW IN THIS SECTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing. If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this arbitration agreement will not apply to you. If you opt out of the arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.

(i) Opt-Out Procedure. NOTWITHSTANDING THE ABOVE, IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY THE COMPANY IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT (AS DESCRIBED IN THIS AGREEMENT) BY EMAIL TO: legal.notices@sony-honda-mobility.com WITH THE SUBJECT LINE “Arbitration – Opt-Out Notice”. YOUR WRITTEN NOTIFICATION TO THE COMPANY MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES UNDER THIS AGREEMENT THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH THE COMPANY OR YOUR ABILITY TO USE THE AFEELA ACCOUNT OR SITES IN CONFORMITY WITH THIS AGREEMENT. We must receive your opt-out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any Claim in arbitration if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline. For all Claims, whether pursued in arbitration or small claims court, it is a condition precedent that you must first send a written description of your Claim to us as set forth above to allow us an opportunity to resolve the dispute.

(j) Jury Waiver. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

26. Notice for California Users.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” Additionally, under California Civil Code Section 1789.3, California users of the AFEELA Account are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.