The 2019 Nissan Altima TECH DRIVE simulation (“Simulation”) is provided by Nissan North America, Inc. (“Nissan”).

Please read these Terms of Use (“Terms”) carefully before using the Simulation. By using the Simulation you are agreeing to be bound by these Terms without limitation or qualification. If you do not accept these Terms, then please do not use the Simulation. These Terms are subject to change by Nissan at any time, effective when posted on the app(s) and/or website(s) where the Simulation is provided. Your continued use after such change will constitute acceptance by you of such changes.

  1. The Simulation is intended for persons who are at least 13 years of age. If you are the parent or legal guardian of a child under 13, you must ensure that the Simulation is not accessed by your child.
  2. Use of the Simulation or any hardware required to access the Simulation, including virtual reality headsets (“VR Hardware”), is entirely at your own risk. Virtual reality is not suitable for everyone and if you have any doubt whether you are suitable for virtual reality, please consult your doctor. In general, it is not suited for those who are pregnant, have high blood pressure, suffer from motion sickness, heart conditions or epileptic symptoms.
  3. Additional height, weight, size and age restrictions and medical warnings apply to certain VR Hardware. You must read carefully and comply with any such warnings and restrictions. It is ultimately your responsibility to ensure that you are physically and mentally capable of enjoying the Simulation.
  4. If you experience seizures, loss of awareness, nausea, discomfort, eye strain, altered, blurred or double vision or other visual abnormalities, involuntary movements, impaired balance, lightheadedness, headache, disorientation or any symptoms similar to motion sickness, immediately discontinue using the Simulation.
  5. Some VR Hardware can emit radio waves that may affect the operation of nearby electronics, including cardiac pacemakers. If you have a pacemaker or other implanted medical device, do not use VR Hardware without first consulting your physician or the manufacturer of your medical device.
  6. Do not use VR Hardware in potentially dangerous surroundings, which may include, without limitation, near sharp objects, balconies, stairwells and furnishings that are easy to break. Remove any tripping hazards before using VR Hardware.
  7. Do not use VR Hardware while driving, walking, or otherwise by being distracted from real world situations that prevent you from obeying traffic or safety laws. Do not drive, operate heavy machinery or perform any other activities that required unimpaired balance or hand-eye coordination immediately after using VR Hardware until you have fully recovered from any symptoms of using VR Hardware.
  8. Remember that objects you see in the Simulation do not exist in the real world, so don’t try to sit or stand or them, try to touch them, or use them for support. It is recommended to remain seated while using the Simulation and any VR Hardware.
  9. Unless otherwise indicated, the Simulation and the contents incorporated or otherwise used in connection with the Simulation are the property of Nissan or its licensors. These are protected by copyright, trademark and other laws of various countries and may not be copied, imitated or used, in whole or in part, without Nissan’s or its licensors’ prior written approval.
  10. You may not and may not allow third parties to (i) make and distribute copies of the Simulation, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile or translate the Simulation, (iii) use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise store or distribute content included in the Simulation;  (iv) use any automated means to manipulate the Simulation or attempt to exceed the limited authorization and access granted to you under these Terms of Use; or (v)  creative derivative works of the Simulation. You may access the Simulation for your personal, non-commercial use only. Neither title nor intellectual property rights are transferred to you by use of or access to this Simulation; rather, all rights, title and interest in and to all aspects of the Simulation remain the property of Nissan and its licensors. Material in this Simulation is provided for lawful purposes only. This Simulation is made available to you free of charge for use on your compatible device. Nissan reserves the right to amend or withdraw the Simulation, and these Terms of Use, at any time and for any reason.
  11. UNDER NO CIRCUMSTANCES SHALL NISSAN OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, LICENSORS, ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”),  BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS ASSOCIATED WITH THE SIMULATION OR ANY HARDWARE REQUIRED TO ACCESS THE SIMULATION OR ARE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIALS IN THIS SIMULATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, NISSAN DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE RELEASED PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP(S) OR WEBSITE(S) ASSOCIATED WITH THE SIMULATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THEIR CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  12. You agree to defend, indemnify and hold harmless the Released Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys’ fees) arising out of or related to your use or misuse of the Simulation or your breach of these Terms of Use or of applicable law(s). Nissan reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nissan in asserting any available defenses.
  13. By agreeing to these Terms, you signify that you fully understand and acknowledge that there are inherent risks and dangers associated with use of the Simulation which could result in physical or mental injury or discomfort. These risks and dangers may be caused by your own action, inaction or negligence, or the action, inaction or negligence of others. As such, YOU AGREE THAT YOU ASSUME ALL RISKS OF DAMAGES OR INJURY, INCLUDING PHYSICAL OR MENTAL INJURY, THAT YOU MAY SUSTAIN WHILE USING THE SIMULATION.
  14. These Terms of Use shall be governed in accordance with the laws of the State of Tennessee, United States, notwithstanding any principles of conflicts of laws. You agree that any dispute, claim, action or lawsuit (collectively, "Action") arising out of or in connection with these Terms, and the Services shall be subject to the courts of the State of Tennessee. You also hereby submit to the personal jurisdiction of such courts for the purposes of litigating any such Action.
  15. Should you have any questions you may contact us at: nissantechsupport@criticalmass.com.
  16. These Terms of Use were last updated on November 13, 2018.