2. Programs and Services. Each Program may provide a number of different services (Services), including location-based Services. Available Programs include various insurance programs that involve, in states where permitted, the collection and use of driving behavior, and/or mobile device data by your Insurance Company. Some Programs or Services may not be available in your state. More information on our Programs and Services is available on the Website.
3. Consent to Receive Electronic Notifications. In order to communicate with you about your Programs, you agree to receive texts and emails if you provide us with a mobile phone number or an email address. Notifications to you may be by live call, an automatic telephone dialing system, a prerecorded voice message or a text message (you agree that data and text fees may apply based on your mobile plan).
4. Location, Vehicle, Mobile Device, and Driving Behavior Information. AAA may:
5. Privacy. Our use of any information collected, stored, disclosed, or transmitted by or from the OnBoard App will be governed by the TOU and the AAA OnBoard Privacy Statement (Privacy Statement). The Privacy Statement is incorporated into this TOU and is available on the Website and the OnBoard App.
6. Auto Insurance Discounts. If your Program involves an insurance discount, the Insurance Company may use information collected from the OnBoard App (including driving behavior and mobile device information where permitted by law) to rate the policy and determine eligibility for insurance discounts in accordance with the Insurance Company’s rules. The insurance policy constitutes the insurance contract between the Insurance Company issuing the policy and the insureds named in the policy. For example, if your vehicle is enrolled in a Program that involves an insurance discount, information about your mobile device, miles driven and driving behavior from the OnBoard App (e.g., braking, distracted driving and speed) may be used to determine the annual mileage and certain insurance discounts.
7. If You Are Involved in an Auto Accident. The information collected from the OnBoard App may be used in the investigation of an automobile accident. You may have a legal obligation to preserve this information. If you have an insurance claim with us, we will not use this information in connection with the claim without first obtaining your permission unless we are required to provide this information to third parties in a lawsuit or to the police in response to a subpoena or as required by law.
8. Changes to the TOU. We may change the TOU at any time. If we make any changes, the updated TOU will be available on the Website or through the OnBoard App. Please visit this Website on a regular basis for the most recent version. Your continued participation in any Program, use of the OnBoard App or Services after the TOU has changed will mean that you agree with the updated TOU. If you do not agree with the updated TOU, you must end your participation in all Programs and delete the OnBoard App.
9. Ownership of the OnBoard App. We grant you a royalty free, revocable, non-exclusive, non-transferable, limited license to use the OnBoard App when you participate in a Program. This license will automatically end when your participation in the Program ends. The OnBoard App, and all software are our property, and we reserve all rights in the Programs. You may not modify, repair, or reverse-engineer the OnBoard App.
10. Program Rules. To participate in a Program, you must comply with its rules and eligibility requirements (Program Rules), including the following:
More information about our Program Rules is available on the Website.
11. Cancellation and Changes to Programs, Services, and Program Rules. You may cancel your participation in a Program at any time by notifying us. In some circumstances, cancellation requests may require the consent of an insured named on the policy. We may add, change, or cancel any Program, Service, or Program Rule (including eligibility requirements), update or change the OnBoard App, terminate your participation in a Program or restrict the availability of Programs and Services at any time and for any reason, without notice.
12. No Warranty. We and our third-party suppliers, and our and their respective parent corporations, affiliates and subsidiaries (collectively “AAA Parties”), make no warranties or guarantees, express or implied regarding OnBoard App, Programs and Services. The OnBoard App, Programs and Services are provided “AS-IS.” We do not warrant nor guarantee the accuracy, timeliness, completeness, suitability, or availability of the OnBoard App, Programs and Services. We expressly exclude any implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. By law you may have additional consumer rights that the TOU cannot change.
13. Limitation of Liability; Waivers. The AAA Parties’ liability relating to the OnBoard App, Website, Programs and Services is limited to property damage caused by the OnBoard App, Website, Programs or Services to the authorized vehicle. The AAA Parties are not liable for any other damages caused by the OnBoard App, Programs or Services, including without limitation, any damages for bodily injury, damages to other vehicles or property, consequential damages, punitive damages, special damages, indirect damages, and incidental damages. You waive all claims for any other damages caused by the OnBoard App, Website, Programs or Services and any other remedies you may have. These limitations of liability and waivers survive even after your Program has ended and apply to you and anyone making a claim on your behalf or through you. These limitations and waivers are essential to our willingness to allow you to participate in any Program and we would not allow you to participate without them. There may be restrictions on these limitations of liability that vary by state.
14. Indemnity. You will defend, indemnify, and hold harmless the AAA Parties from any and all liabilities, penalties, claims, causes of action, and demands brought by any third party relating to: (a) your breach of the TOU; (b) your use or inability to use the OnBoard App, Programs or Services; or (c) the use or inability to use the OnBoard App, Programs or Services by any person that you permitted to use the OnBoard App, Programs or Services. Your agreement to defend, indemnify, and hold harmless the AAA Parties applies whether the claim against the AAA Parties is based in contract or tort (including strict liability), and regardless of the form of action.
15. Governing Law; Assignment; and Interpretation of TOU. The TOU will be interpreted according to the state law where the Program is offered. We may assign the TOU without notice to you. You may not assign the TOU without our prior written consent, and any attempt to do so is void. You may not transfer your rights to use the OnBoard App, Programs or Services. The TOU is solely for your and our benefit and not for the benefit of any other person. If a part of the TOU is unenforceable, that part will be automatically replaced with terms that most closely match the purpose of the part that we cannot enforce, and the rest of the TOU will not change. Our failure to enforce any part of the TOU does not constitute a waiver by us. The TOU contains our entire agreement and understanding regarding the OnBoard App, Programs and Services.
16. How to Contact Us. You can contact us by email (firstname.lastname@example.org) or by phone (1-866-295-1042) to end your participation in a Program. You can also contact us by mail at: AAA OnBoard Program / AAA, Mailstop A105, 3333 Fairview Rd., Costa Mesa, CA 92626.