SUBARU ONLINE CONDITIONS OF USE
Last Updated: December 20, 2022
These Conditions of Use (“Conditions of Use") govern your access to and use of Subaru.com, MySubaru.com, the MySubaru mobile app, and any other online services offered by Subaru of America, Inc. (“Subaru”) that link to these Conditions of Use. These websites, mobile apps, and other online services are each referred to as a "website" or "site" in these Conditions of Use. It is important that you be aware of the various conditions on using our websites.
BY VISITING THIS SITE, YOU ARE ACKNOWLEDGING AND AGREEING TO THESE CONDITIONS OF USE. SUBARU RESERVES THE RIGHT TO CHANGE THESE CONDITIONS OF USE AT ANY TIME AND WITHOUT PRIOR NOTICE. BY USING THIS WEBSITE, YOU ARE AGREEING IN ADVANCE TO THE CURRENT AND FUTURE CONDITIONS OF USE. IF YOU OBJECT TO THESE CONDITIONS OF USE OR ANY FUTURE CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SITE. CONTINUED USE OF THE SITE FOLLOWING THE EFFECTIVE DATE OF ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF SUCH CHANGES.
THESE CONDITIONS OF USE CONTAIN AN ARBITRATION PROVISION WITH CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. IT REQUIRES THAT DISPUTES BE RESOLVED INDIVIDUALLY IN BINDING ARBITRATION OR SMALL CLAIMS COURT. DISPUTES IN ARBITRATION AND SMALL CLAIMS COURT ARE RESOLVED WITHOUT A JURY TRIAL AND WITH LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.
Please read these Conditions of Use carefully as they, together with any additional terms to which you agree when using particular elements of the site, constitute the entire agreement regarding the site and set forth the legally binding terms governing your visit to and use of this site. These Conditions of Use apply to all persons who visit or use this site, regardless of your level of participation. IF YOU DO NOT AGREE TO ANY OF THESE CONDITIONS OF USE, PLEASE DO NOT USE THE SITE.
United States Market Only
All information posted on this site is intended for the U.S. market only and will be interpreted under and governed solely by U.S. law. If you access this site from a location outside the U.S., you are responsible for compliance with all applicable non-U.S. laws and regulations. Subaru distributes vehicles only in the United States (excluding Hawaii).
This site contains information regarding Subaru and its products and services. The products depicted are manufactured to comply with U.S. specifications. All pricing information is given in U.S. dollars. The manufacturer's suggested retail prices (MSRP) listed exclude tax, title, license, registration fees, and destination and delivery charges. They are subject to change at any time without prior notice. Actual prices may vary because retailers are independent businesses free to sell at any price they choose. Products and programs included on this site are subject to availability.
Depiction of Vehicles
Vehicles shown on this site are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. Details of a selected vehicle may vary from the vehicle shown depending on the features you choose. Vehicle availability may be limited.
Your email address and password ("Account Credentials") are required to access your MySubaru account and to use certain services available on our site. Unauthorized access to or use of your MySubaru account is prohibited. You agree that you will notify Subaru immediately if you believe that a third party has obtained your Account Credentials, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if Subaru believes that any unauthorized access may occur or has occurred, we may terminate such access without prior notice to you. You also agree that Subaru is permitted to act upon any instructions received using your Account Credentials and to consider such instructions as authorized by you. Neither Subaru nor any of our affiliates or licensors will be liable for any loss that you may incur as a result of someone else using your Account Credentials or MySubaru account, either with or without your knowledge. However, you could be held liable for losses incurred by Subaru, our licensors, or another party due to someone else using your Account Credentials or MySubaru account. You may not use another website user's Account Credentials or account at any time, with or without the permission of the account holder.
Copyrights and Trademarks
The materials displayed on this website, including but not limited to all text, audio, video, images, photographs, illustrations, artwork, animation files and other graphics, names, logos, trademarks, and service marks, are property of Subaru or its parent or affiliated companies or its licensors and are protected by copyright, trademark, and other intellectual property laws. This site may be displayed, downloaded, and/or printed solely for your personal, non-commercial home use, provided that you do not delete or modify any copyright, trademark, or other proprietary notices. Any other use of the material on this site without the prior written consent of Subaru is strictly prohibited. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo.
Third-Party Websites and Information
SUBARU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SUBARU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
No Warranties or Representations
Although every reasonable effort has been made to ensure the accuracy of the information contained on this site, absolute accuracy cannot be guaranteed. This site, and all information and materials appearing on it, are presented to the user "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Subaru makes no warranty or representation as to the accuracy, completeness, or authenticity of information contained in Third-Party Websites. The existence of a link to a Third-Party Website cannot be construed as direct or indirect approval, endorsement, or sponsorship of or affiliation with the linked Third-Party Website on the part of Subaru. The visitor to this site acknowledges and agrees that Subaru has no obligation to review any sites linked to this site and is not responsible in any way for the content of any linked sites. Persons who use this site to link to other sites acknowledge that they do so at their own risk. Also, our site may be linked from another website. We do not control, nor are we responsible for, the content of these sites. The existence of such a link cannot be construed as direct or indirect approval, endorsement, or sponsorship of or affiliation with the linked site.
Use This Site at Your Own Risk
Entry into this site is at the user's risk. Subaru, its affiliates and licensors, and the parties involved in creating, producing, or delivering this site are not liable for any direct, indirect, consequential, incidental, punitive, or any other type of damages, losses, costs, or expenses (including but not limited to legal and expert fees) that may arise either as a result of accessing or the inability to access this site. This includes, without limitation, liability for damages or injuries resulting from browsing this site, downloading any materials from it, or from such causes as computer viruses, software or hardware malfunctions, or any other errors, problems, failures, or delays in computer operation in general or in network transmission.
Unsolicited Suggestions and Ideas
Communications or materials you submit to us via this site are transmitted on both a non-confidential and a non-proprietary basis. Subaru is not responsible for harm you or others may suffer as a result of any disclosure or use of materials you send to us on this site. This includes submission of unsolicited product concepts or ideas as well as any other type of ideas or suggestions. Without making any judgment on their content or quality, it has been our longstanding company policy to discourage unsolicited suggestions or ideas. If you do transmit unsolicited ideas or suggestions to us, you acknowledge and agree that they become our property and that Subaru, its affiliates, and designees may use those ideas or suggestions in any manner, at any time, and for any reason they choose with no obligation to pay you compensation.
Any content or other submissions made by you on the site is subject to the terms of the Consent and Release for user-generated content, the terms of which are incorporated herein. BY USING THIS SITE AND PROVIDING CONTENT OR OTHER SUBMISSIONS, YOU ARE AGREEING TO THE TERMS OF THE CONSENT AND RELEASE FOR USER-GENERATED CONTENT AND YOU WILL BE BOUND BY THE TERMS OF SUCH CONSENT AND RELEASE.
You agree to refrain from transmitting to or posting on this site any materials that are inappropriate, obscene, lewd, offensive, or in any way unlawful. Although Subaru and other parties involved in creating or maintaining this site may from time to time review transmissions or postings by third parties, in so doing they assume no responsibility or liability that may arise from the content of those transmissions or postings. That liability rests solely on the sender.
Without limiting and in addition to the foregoing, you shall not (and shall not permit others to):
If you engage in any of the above activities or otherwise violate these Conditions of Use, your right and license to use the site will terminate effective immediately. In addition, you may be subject to legal action.
Linking, Crawling, and Archiving
If you would like to link to this site, you must comply with the following guidelines:
If you would like to use a web crawler or other search tool to gather information from the site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.
Indemnity and Hold Harmless
By using this site you agree that you will defend, indemnify, and hold harmless Subaru and its affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this site, your breach or alleged breach of these Conditions of Use, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Subaru reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Subaru's defense of such claim.
Subaru, its affiliates, and representatives expressly reserve the right to revise the content of this website at any time without obligation or prior notice. You should visit this site periodically to check for changes. Subaru, its affiliates, and representatives further reserve the right to suspend, discontinue, or permanently cancel this site's operation or portions thereof, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this site after any changes are posted will be considered acceptance of such changes.
Specific Product Information
You should consult your authorized U.S. Subaru retailer for specific product and other information. This website should not be used or relied upon as a substitute for information available from your Subaru retailer and your purchase or lease of any Subaru vehicle will be subject to the terms of your contract with your retailer.
Application Marketplace Providers
Unless expressly stated, these Conditions of Use do not modify any other terms set forth in any mobile application marketplace, including, but not limited to, the Apple App Store Terms and Conditions and Google Play Terms of Service or as otherwise required by any application marketplace provider ("Application Marketplace Provider"). You acknowledge and agree that these Conditions of Use are between you and Subaru and not between you and any Application Marketplace Provider. You further acknowledge that Subaru is solely responsible for our mobile applications. The Application Marketplace Provider has no obligation whatsoever to provide any maintenance and support services with respect to our mobile applications.
Our mobile application transmits data via your wireless carrier or an accessible Wi-Fi network. You are solely responsible for any and all telecommunications, data, or other connectivity charges incurred through your use of our mobile application. Subaru is not responsible or liable for any data charges associated with the use of the application. The mobile application may occasionally be restricted, interrupted or discontinued due to conditions including, but not limited to, application design, network coverage, government regulation, or other situations beyond Subaru's control.
Push Notifications | Location-Based Features
We may provide you with emails, text messages, push notifications, alerts and other messages related to our mobile application and services, such as application updates and enhancements, changes to these Conditions of Use, and other information relating to Subaru's products and services. After downloading our mobile application and during account registration, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the application, you may opt out by changing your notification settings on your mobile device. Please note that certain push notifications are required for the application to function properly.
Subaru welcomes all guests to our online services. We are always working to ensure the accessibility of our web and mobile platforms for every visitor and are interested in suggestions for improvement. If you find any aspect of this site inaccessible or difficult for people with disabilities, we encourage you to contact us and describe the issue you encountered or the feature you think could be improved. We will take your suggestions under advisement as we continue to make our services more accommodating to all.
This Arbitration Provision shall be interpreted broadly. As used in this Arbitration Provision, these terms are defined as follows:
i. “Dispute” means any claim or controversy arising from or relating to Your relationship with Subaru, for example any: (a) theories of liability, whether based in contract, tort, statute, or otherwise; (b) claims that arose before this Agreement; (c) claims that arise after the cancelation or expiration of this Agreement; and (d) claims that are the subject of purported class action litigation. “Dispute” does not, however, include any issues relating to the existence, scope, validity, or enforceability of this Arbitration Provision.
ii. “You” means You and any intended or unintended beneficiaries of Your rights under this Agreement.
iii. “Subaru” means Subaru and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, service providers, and independent contractors, and each of their officers, directors, employees, and agents.
B. Arbitration or Small Claims Court
All Disputes shall be resolved individually in either: (a) binding arbitration; or (b) small claims court if the claim is for money damages and the amount claimed is within the jurisdiction of that court. In arbitration, there is a neutral arbitrator rather than a judge. In arbitration and small claims court, there is no jury and there is less discovery and less appellate review than in court.
C. Procedures for Arbitration
i. This Arbitration Provision is governed by the Federal Arbitration Act. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when Notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision will govern. If there is a conflict between this Arbitration Provision and the AAA Rules, this Arbitration Provision will govern. If the AAA will not administer an arbitration in accordance with this Arbitration Provision, You and Subaru will agree on (or, if necessary, petition a court of competent jurisdiction to appoint) an arbitration organization that will do so.
ii. The party commencing an arbitration should follow the instructions on the AAA website, including sending the AAA a “Demand for Arbitration” (available on its website), paying a filing fee, and mailing a copy of the Demand for Arbitration to the opposing party. If You commence the arbitration, You must send a copy to Subaru of America, Inc., One Subaru Drive, Camden, NJ 08103, ATTN: LEGAL - ARBITRATION OF DISPUTE. If Subaru commences the arbitration, Subaru must send a copy to Your residential address.
iii. If multiple arbitrations involving similar claims against Subaru are pending, You and Subaru shall jointly petition the AAA to coordinate those matters to promote efficiency. That coordination may include, for example, having similar matters assigned to the same arbitrator (either for all purposes or for the purpose of deciding an issue that turns on the same factual or legal questions) or having pre-hearing discovery apply to multiple matters. Nothing in this paragraph, however, provides any right or authority for a Dispute to be resolved as part of a class action, collective action, or other representative action. (See Section G, below.)
iv. Unless You and Subaru agree otherwise, an arbitration will be conducted by a single arbitrator and any hearing will take place in the county where You reside.
v. The arbitrator will issue a written decision that explains the essential findings and conclusions. The arbitrator’s award may be entered in a court of competent jurisdiction only as necessary to enforce the award.
vi. Neither the fact nor the substance of any settlement demand, offer, or negotiation may be revealed to the arbitrator before a final award has been issued.
D. Right to Arbitral Fees and Costs
The payment of the AAA’s fees and costs will be governed by the AAA Rules except as follows:
i. If Subaru commences an arbitration, Subaru will pay all of the AAA’s fees and costs.
ii. If You commence an arbitration and state under penalty of perjury that You cannot afford to pay the AAA filing fee, Subaru will pay the filing fee if the AAA does not waive that fee. If Subaru determines that Your representation regarding Your ability to pay was false, however, it may seek to recover that fee from You.
iii. If You commence an arbitration and the aggregate value of Your claim is less than $10,000, (a) You will only be responsible for paying the lesser of the AAA filing fee or the filing fee that You would have paid in the small claims court in the county where you reside, and (b) Subaru will pay the rest of the AAA’s fees and costs. If Subaru has received more than twenty-five (25) Notices of Dispute or Demands for Arbitration asserting similar claims, however, the payment of the AAA’s fees and costs will be governed by the AAA Rules.
iv. No matter who commences an arbitration, if the arbitrator finds that a claim was frivolous or asserted for an improper purpose, the party asserting the claim will reimburse the other party for any fees and costs that the party asserting the claim would have been obligated to pay under the AAA Rules.
v. No matter who commences an arbitration, You may pay up to half of the AAA’s fees and costs if You wish to do so.
E. Right to Attorneys’ Fees and Costs in Arbitration
You may hire attorneys to represent You in arbitration. You are responsible for their fees and costs. You may recover them from Subaru to the same extent as in court. If the arbitrator finds that a claim was frivolous or brought for an improper purpose, the other party may recover its attorneys’ fees and costs to the same extent as in court.
F. Effect of Rejecting Settlement Offers
If the outcome of a legal action is less favorable to the party seeking relief than a settlement offer that party rejected, that party must pay all of the fees and costs (including reasonable attorneys’ fees) incurred by the other party after the offer was made.
G. Waiver of Class and Representative Actions
i. WHETHER IN ARBITRATION OR COURT, YOU AND SUBARU WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION, OR OTHERWISE SEEK REDRESS FOR ALLEGED INJURIES TO THIRD PARTIES. This waiver is a material and essential part of this Arbitration Provision and cannot be severed from it.
ii. WHETHER IN ARBITRATION OR COURT, YOU AND SUBARU WAIVE THE RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF. This waiver is not a material or essential part of this Arbitration Provision and can be severed from it by a court of competent jurisdiction. If, after exhaustion of all appeals, such a court refuses to enforce this waiver with respect to a particular claim or request for relief, You and Subaru will jointly petition the court to decide that claim or request for relief only after all other claims and requests for relief have been decided.
H. Right to Reject This Arbitration Provision
You may opt out of this Arbitration Provision by sending Subaru written notice by certified mail, postmarked no later than thirty (30) days after the Effective Date, to Subaru of America, Inc., One Subaru Drive, Camden, NJ 08103, Attention: Legal Department. Notices not mailed to that address and postmarked by that date will not be effective. Your decision will not adversely affect Your relationship with or service from Subaru.
I. Right to Reject Changes to this Arbitration Provision
You may reject changes to this Arbitration Provision by sending Subaru written notice by certified mail, postmarked no later than thirty (30) days after Your first receipt of notice of a change, to Subaru of America, Inc., One Subaru Drive, Camden, NJ 08103, Attention: Legal Department. Notices not mailed to that address and postmarked by that date will not be effective. Your decision will not adversely affect Your relationship with or service from Subaru.
This Arbitration Provision shall survive the cancellation or expiration of the Agreement.