INFINITI PERSONAL ASSISTANT
TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE FROM TIME TO TIME AT OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE.
Complimentary first 48 months; paid subscription required thereafter. Communicates through a cellular network. Connection and signal strength may vary and be limited by location. Always give your full attention to driving. Avoid operating IPA in such a way that you can be distracted during vehicle operation. "Anything, Anytime, Anywhere" is a trademark of MyStar.
- Definitions. Infiniti Personal Assistant (the "Service") is a benefit provided by Nissan North America, Inc.'s Infiniti division ("Infiniti") consisting of information services and over the phone personal assistance provided to new Infiniti owners. "You" or "Yours", as used throughout this document refers to each person who establishes a registered account ("Account") or who is authorized to access and use the Service. You may not give other users access to the Service even if they are calling from your registered cell phone. Callers who use your cell phone or your account to make requests may be denied service. Persons calling in from a registered phone number and utilizing Infiniti Personal Assistant services will be considered authorized by you as being a permissible user.
- Usage. The Services are further described at the Personal Assistant Website, www.infinitipersonalassistant.com, or in documentation provided by Your Infiniti Dealer. Every call will be rounded up to the next full minute interval. Each call's length is calculated by the amount of time Your Personal Assistant spends on your query, whether on the phone with You or not. You may only sign up one phone number per each individual account to access the Service. You may only call from the phone number registered on the account. If You purchase additional accounts, You may assign such accounts to a separate phone number of another user.
The Service cannot function in the same capacity as a full-time, employed personal assistant. You may not request specific personal assistants by name or by area of expertise unless a personal assistant is currently working on a request for you. You also may not ask a personal assistant to have extensive prior knowledge of personal peculiarities in order to accommodate a request.
The Service is limited in the following matters:
a. the Service cannot provide legal, medical or tax advice;
b. the Service cannot guarantee pricing or preferential treatment (e.g., seating, pricing or availability for a restaurant, airfare, or concert);
c. the Service cannot place eBay bids, and requests made to find the lowest priced products or services will be done so in a reasonable manner until the personal assistant believes that the price found is the lowest reasonable price.
d. the Service cannot be used for physical tasks (e.g., picking up dry cleaning or coffee);
e. the Service cannot be used to ship items to our location;
f. the Service cannot be used to save information in our database or computers for future reference;
g. the Service may place limits on the number of times it can be used for requests that require repeated action, such as reminder calls;
h. the Service cannot perform personal or employment background checks; and
i. the Service cannot make outbound calls in a sales capacity or perform communications that that are marketing in nature.
j. the Service cannot assist with any vehicle-related requests and will be referred to an Infiniti dealership for further assistance.
- Compliance. As a condition of using the Service, You agree to abide by all applicable local, state, national and international laws and regulations relevant to the use of the Service. In addition, You warrant that You will not use the Service for any purpose that is unlawful or prohibited by this Agreement (including, without limitation, any use that infringes another's copyright). You may not use the Service in any manner that could damage, disable, overburden or impair the Personal Assistant Web Site, Personal Assistant Call Center, any user of the Web site, any user of the Call Center, or interfere with any other party's use of the Service. Services are limited to the United States and Canada. Examples of the types of requests that may be refused, include, but are not limited to:
a. requests to perform any illegal activities or anything that borders being illegal or is otherwise improper (e.g., perform tasks that involve the procurement of services that would be considered sexual in nature even if legal in the area the account holder is in; requests to perform homework);
b. requests the personal assistant considers in poor taste (e.g., requests to call an employer to quit, requests to fire employees, requests to end a relationship);
c. requests that have no clear purpose or direction (e.g., requesting the personal assistant determine how many chairs would you have to stack on top of one another to reach to the moon); and
d. requests to perform pranks
- Copyright and Trademark Protection. All materials contained on the Service (including, without limitation, the Personal Assistant Web Site's "look and feel," layout, design, text, software, images, graphics, video and audio content "Materials") are the property of Infiniti, its affiliated companies or licensors and are protected by U.S. and Canadian copyright, trademark and other intellectual property laws and international treaties.
- Third Party Web Sites Links. Third Party Web Site Links and query results to other Internet resources are provided for Your convenience. These online resources have been chosen by Infiniti Personal Assistant due to their ease of use and relevance of information, and such resources' development and maintenance are not under the direction of Infiniti. The content, accuracy, opinions expressed and other links provided by these resources are neither verified nor endorsed. The use of the Service is for informational purposes only. You, or any user authorized by you, are solely responsible for any consequences of use of any of the information provided by Infiniti Personal Assistant. You understand that Infiniti Personal Assistant is merely a third party vendor employed to retrieve information at the user's request. Neither Infiniti, nor the third party vendor will be held liable in any manner for any recommendations, advice, directions, usage, or any other information, whether or not inaccurate, that is relayed by fax, email, text message, verbal, written, or any other electronic media or communication method. Infiniti and/or its third party vendor reserve the right to refuse Service if You or any user authorized by you asks questions which the Infiniti Personal Assistant agents deems inappropriate or may be considered illegal.
- Call Recording. You understand that all telephone calls to and from Infiniti Personal Assistant may be monitored for quality assurance purposes and recorded. All queries and calls submitted to Infiniti Personal Assistant in any form or fashion will become property of Infiniti Personal Assistant along with the answers and replies.
- Text messaging and emails. You will not hold Infiniti Personal Assistant responsible for any lost text messages, emails, or any other correspondence generated by Infiniti Personal Assistant or You. If You authorize Infiniti Personal Assistant to open emails on a personal account, You are giving the Agent authorization to open, read, and reply to those emails on the customers' behalf. Please be aware that some cellular/mobile providers may charge for receiving text messages to Your cell phone.
- Disclaimer of Warranty; Limitation of Liability. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT NEITHER INFINITI NOR ITS DEALERS NOR ITS THIRD PARTY VENDOR WILL BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF FORESEEABILITY OF SUCH DAMAGES.
- Termination of Agreement. You may terminate this Agreement anytime after the date of activation of your Account upon notice sent via the Infiniti Personal Assistant Web Site. Such termination shall take effect within five (5) business days.
Infiniti may terminate this agreement immediately if it determines, in its sole discretion, to eliminate the Service, or due to a breach of this agreement or misuse of the Service including, but not limited to verbal or written abuse, profanity, unacceptable questions, making threats, using the Service in the commission of a crime, violating privacy laws, asking questions or making statement deemed inappropriate by the Infiniti Personal Assistant agents or any other use that constitutes misuse. "Misuse" may also mean calling Infiniti Personal Assistant or submitting requests that are considered frivolous in nature or using the service for reasons that are not considered need-based. Furthermore, access to Infiniti Personal Assistant is to be used solely by the named recipient of the Service. Your service may be terminated if at any time, Infiniti Personal Assistant is used by a person other than the person named on the account. Termination of this Agreement automatically terminates your use of the Service and any content or other material contained therein. Your account will expire at midnight on the fourth (4th) anniversary of Your issuance. The term of this agreement will start on the day you purchased your Infiniti® vehicle.
- Transferability of Service. The Infiniti Personal Assistant benefit is intended to be used by the person who was originally issued the Service. The phone number or name of the person on the Service may not be changed to another party. In the event that You change Your phone number, the phone number associated with Infiniti Personal Assistant may be changed upon notice to Your Infiniti Personal Assistant by calling the toll free number You were provided about activation of Your account. Infiniti Personal Assistant may decide to verify that the phone number for the original recipient of the Service has been changed. Verification may include, but not limited to, asking the recipient to provide documentation from the service provider that the new phone number belongs to the original recipient of the service.
- Solicitations. If you elect to do so, You understand that the Infiniti Personal Assistant, may send periodic notifications via email or text message with various offers, notifications, reminders and the like from Infiniti or independent dealers of Infiniti ® vehicles ("Dealers"). All notifications sent after implementation of the Service will provide the customer/user the ability to opt out of any future notifications, after Your initial election to receive such notifications, by either hitting a link if the solicitation is sent in the form of an email or by calling a toll free number if the solicitation is sent in the form of a text message. Infiniti warrants that neither Infiniti nor the Dealers will resell or share your contact information with any third party. All information is transmitted over Secure Socket Layer (SSL) from our servers and all private information is encrypted.