The SiriusXM for Shops Service Lane Program for trial service (“Service Lane Program” or “Program”).
The SiriusXM for Shops Service Lane Program provides:
1. A complimentary consumer trial (“Trial Subscription”) to the SiriusXM satellite radio service (and, at SiriusXM’s option, other qualified services) for each vehicle with a factory-installed satellite radio or other eligible equipment that is serviced at my shop and qualified by SiriusXM* (“Eligible Vehicles”),
2. No activation fees for the Trial Subscription, and
3. Notification to customer that the Trial Subscription is provided courtesy of your shop and SiriusXM.
The SiriusXM for Shops Service Lane Program will be available for all makes of Eligible Vehicles serviced by shop. The SirusXM for Shops Service Lane Program is offered at no cost to participating shops or its customers.
*Certain vehicles with factory-installed satellite radio may not qualify for a satellite Trial Subscription as part of the Service Lane Program, including vehicles with active Sirius or XM satellite radio service subscriptions, vehicles which have received the SiriusXM satellite radio service (on a trial or paid subscription basis) in the prior 12 months, and/or other vehicles as reasonably determined by SiriusXM in its sole discretion. SiriusXM may at its discretion provide a Trial Subscription to the SiriusXM Internet Radio service or other qualified services to owners of vehicles that do not qualify for a satellite Trial Subscription and/or to owners of Eligible Vehicles.
By submitting this Authorization Form to SiriusXM, Shop agrees that the Terms & Conditions set forth herein, and those incorporated by reference, shall serve as an “Agreement,” and Shop agrees to be bound hereby as of the above “Date.” SiriusXM agrees that it will not sell or share SMS data with anyone without Shop’s express written consent, other than those SiriusXM contractors used in connection with carrying out the Program. Shop has read, agrees with, and accepts all of the terms of this Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. This Agreement encompasses obligations which apply to Shop, to SiriusXM, and to SiriusXM’s contractors who will have access to Shop’s SMS data. This Agreement shall be binding on Shop’s successors and assigns. The Program, in whole or in part, may be modified or terminated at any time and without Shop’s prior notification or consent. SiriusXM may terminate Shop’s participation in the Program immediately upon Shop’s breach of any of the terms of this Agreement or upon 30-days written notice for any reason or no reason. The provision and use of SiriusXM subscription services (Trial Subscriptions and paid subscriptions) are governed by the SiriusXM Customer Agreement; see www.siriusxm.com, as such terms may be modified from time to time by SiriusXM in its sole discretion. Each party agrees that it will comply with all applicable legal obligations relating to privacy, security, integrity, and confidentiality of data collected from Shop (“Customer Information”), except for aggregated data that does not enable identification of the shop’s individual retail customers and any other extracted data, including all applicable federal or state laws, rules or regulations. Each party agrees that it will, at a minimum, implement and maintain appropriate administrative, technical, and physical safeguards reasonably designed to: (a) ensure against any anticipated threats or hazards to the security or integrity of the Customer Information; and (b) protect against unauthorized access to or use of the Customer Information that could result in substantial harm or inconvenience to the Shop or the individual who is the subject of Customer Information. Each party may disclose Customer Information, when required, pursuant to any federal or state law or regulation or rules or regulations of any governmental agency. These provisions shall apply during the term and after the termination of the Agreement.
NEITHER SIRIUSXM, ANY OTHER CONTRACTOR OF SIRIUSXM, NOR YOUR SMS PROVIDER, SHALL BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE THAT MAY ARISE IN CONNECTION WITH THE PROGRAM, EVEN IF SUCH PARTY HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.
THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, REGARDLESS OF PRINCIPLES OF CONFLICTS OF LAWS THAT MAY REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. ANY ACTION OR LITIGATION CONCERNING THIS AGREEMENT WILL TAKE PLACE EXCLUSIVELY IN THE FEDERAL OR STATE COURTS SITTING IN NEW YORK, NEW YORK, AND THE PARTIES EXPRESSLY CONSENT TO THE JURISDICTION OF AND VENUE IN SUCH COURTS AND WAIVE ALL DEFENSES OF LACK OF JURISDICTION AND INCONVENIENT FORUM WITH RESPECT TO SUCH COURTS.
SIRIUSXM RESERVES THE RIGHT TO CHANGE THE TERMS & CONDITIONS OF THE PROGRAM AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE UPON THE POSTING OF THE CHANGES ON WWW.SIRIUSXMFORSHOPS.COM
(THE “SITE”) OR UPON SHOP’S RECEIPT OF SUCH CHANGED TERMS & CONDITIONS, WHICHEVER IS EARLIER. SHOP’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH UPDATE WILL CONSTITUTE SHOP’S ACCEPTANCE OF SUCH CHANGED TERMS & CONDITIONS. SHOP SHOULD FREQUENTLY REVIEW THE TERMS & CONDITIONS ON THE SITE FROM TIME TO TIME TO UNDERSTAND THE TERMS THAT APPLY TO ITS PARTICIPATION IN THE PROGRAM.
Last Updated: November 28, 2016