pre-idk Portlet

 

DRIVEVIEW™ TERMS OF SERVICE

For Model Year 2020 Vehicles

Effective Date:  October 3, 2019

 

Welcome to Volkswagen.  These DriveView™ Terms of Service ("Terms of Service") apply to your use of and access to DriveView services provided by Volkswagen Group of America, Inc. and its subsidiary, Volkswagen Credit, Inc. ("VWGoA" or "we" or "us") through a Model Year 2020 or newer Volkswagen vehicle ("Vehicle") and any software, websites, or applications associated with DriveView (collectively, the "Services," as further described herein).  These Terms of Service shall apply to each Vehicle owner, lessee, or renter, or other person accessing or using the Services through such person’s Vehicle or DriveView account (generally defined herein as "you" or "user").   

 

THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US.  If you do not agree to these Terms of Service, DO NOT use the Services.

 

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED, WHICH INCLUDE AN AGREEMENT TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES OR THESE TERMS OF SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.  THESE TERMS ALSO INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE NOT TO PROCEED WITH ANY DISPUTE AS PART OF A CLASS ACTION.  PLEASE SEE SECTION 18 OF THESE TERMS OF SERVICE FOR FURTHER INFORMATION.

 

You must be at least 18 years of age, or the age of majority in your state of residence, to accept these Terms of Service and enroll in the DriveView Services.  You must also be enrolled in VW Car-Net as the Primary Driver (defined below).  You are responsible for informing others who use your Vehicle that the Services are active and that data may be collected from your Vehicle and used in accordance with the VW Privacy Statement, available here Discounted insurance rates may not be available in all states.  Discounts are provided by third party auto insurance companies and are not guaranteed.  You understand that allowing others to drive your vehicle may impact your driving score and your ability to obtain discounted insurance.

 

 

1.     Understanding the Terms of Service

 

These Terms of Service, including any other VWGoA terms, policies, and guidelines identified or referenced herein, constitute the complete agreement between you and us with respect to the Services and are legally binding upon the earlier of your agreement to these Terms of Service or your access, use, subscription to, purchase of, upload or transmission to, or download of any information, content, or other materials to or from the Services.  You are responsible for your own compliance with these Terms of Service and for compliance by any other drivers or occupants of your Vehicle and anyone who uses your DriveView account. 

 

In addition, your use of the Services, the VW Car-Net website at www.vw.com/carnet  (the "VW Car-Net Website") and the VW Car-Net mobile app ("VW Car-Net App") are governed by the VW Privacy Statement which is incorporated into these Terms of Service.  A copy of the VW Privacy Statement is available here.

 

2.      Your DriveView Account

In order to enroll in DriveView you must have an active Car-Net service plan. A copy of the Car-Net Terms of Service are available here.

 

Through DriveView, we offer driver scores that can show you how you are driving by looking at things such as average speed, average speed below 2mph (idling), hard braking, and night driving.  As part of DriveView, we will also share your driver behavior data and GPS location data for a specified period of time (currently 90 days) to allow participating auto insurance carriers (through their designated service provider) to evaluate whether to offer you discounted insurance options.  This data will be shared in a de-identified format.  If participating insurers want to discuss options with you, you will receive an Insurance Message in the Car-Net app, through your online Car-Net account or via email, where permissible.  You can then choose whether to identify yourself to the insurance carrier (and its service providers) and explore insurance options.  

 

 

 

If choose not to participate in DriveView and share your driver behavior data and GPS location data with our insurance company partners, it will not be shared to consider your eligibility for insurance products. However, such data will continue to be collected, used and shared in accordance with the VW Privacy Statement found here.

 

In addition, if you choose not to receive marketing messages regarding potentially discounted auto insurance, this does not opt you out of other general marketing from VWGoA or its affiliated entities.  Please see our privacy statement for information about how to opt-out of general marketing communications.

 

 

3.     How the Services Work; Restrictions and Limitations

 

3.1           Equipment and Coverage Area

 

Please see the Car-Net Terms of Service to understand how the Car-Net services operate, including the availability of equipment and GPS signals.

 

 

3.2           Our Privacy Practices with Respect to Your Vehicle and Data

 

The data collected from the Vehicle and the other information you provide to us in connection with the Services are used and shared in accordance with the VW Privacy Statement. For more detailed information on our data collection and use practices, please refer to the DriveView section of the VW Privacy Statement.

 

3.3           Third-Party Service Providers

 

 

In addition to the many Service Providers (as defined in the Car-Net Terms of Service) used to offer Car-Net features and functionality, a core feature of the DriveView Service includes providing driver scoring data to auto insurance carriers (through their third party service providers) so that they can assess whether they would like to offer you discounted insurance options. If you then choose to identify yourself to these insurance carriers and explore the insurance options that they may make available to you, you will have to provide them with your information or give us permission to share your information with that insurer and your interactions with them will be governed by that individual insurance carrier’s Privacy Statement and Terms of Service.  From that point forward, if you choose to participate in any usage-based insurance programs with insurance carriers we introduce or you find on your own, we may continue to provide your driver behavior and GPS location data until we are directed to stop (for example, when you opt-out of DriveView or a portion thereof or revoke consent with an insurance company to whom you previously consented to have your data provided).

 

 

3.4           Events Beyond Our Control

 

Various conditions beyond our control may prevent or delay us from providing any or all of the Services to you, or affect the quality of the Services, and the availability of the Services is not guaranteed.  We are not responsible for failure or delay in providing the Services if caused by acts of nature or forces or conditions beyond our control, including but not limited to congestion, outages, or failure of public utilities, Internet, computers, telecommunications, or wireless networks (such as interruption of cellular service); acts of war; act of God; government actions; terrorism; civil disturbances; labor shortages, strikes, or difficulties (regardless of cause); atmospheric, geographic, or topographic conditions (such as tall buildings, hills or tunnels);  inclement weather; natural disaster; damage to or failure to maintain your Vehicle or the Equipment in good working order; or government laws, rules or regulations.  In the event of any of the foregoing, we may, in our discretion, suspend or terminate the Services (in whole or in part), without notice to you and without any refund, compensation, credit, or other liability to you.  We are not responsible for delay or failure in providing any or all of the Services if such failure or delay could not have been prevented by reasonable precautions. 

 

4.     Service Plans

 

Unless otherwise specified by VWGoA, the DriveView Services are included with Vehicles at no additional cost should you choose to opt-in. Current information about the DriveView Services can be found by visiting www.vwcarnet.cunder the DriveView tab.  We may change, add or delete Services at any time with or without notice to you. 

 

If you have questions about the Services or the features available with DriveView, please contact a Car Net Response Center representative at 1-833-648-2735. 

 

 

5.      Cancellations

 

5.1           How to Cancel DriveView

 

You can cancel or terminate your DriveView Service at any time by visiting your DriveView account profile on the VW Car-Net Website or the VW Car-Net App and following the instructions to cancel the DriveView Service or opt-out of a specific data use under DriveView, or by calling a DriveView customer service representative at 1-833-648-2735.  If you are participating in a monitoring plan, whereby your auto insurance carrier receives continuous data about your driving behavior and GPS location, please be aware that opting out of DriveView may impact your policy.  You should contact your insurance carrier for more information. Your cancellation will be effective as of the date of we receive notice of your cancellation request. 

 

Please note that cancellation of your DriveView Services, including any continuous monitoring requested for your usage-based insurance discounts, will not cancel the collection of your Car-Net data, but only the use and sharing of this data for driver scoring and usage-based insurance discounts.  If you wish to discontinue Car-Net services, or Car-Net data collection, please review the Car-Net Terms of Service and the Car-Net website for information about how to do so.

 

5.2           Service Limitations Based on Model or Trim Levels

 

The services and features provided by DriveView Services may not work with or be available to all models or trim levels of Vehicles.  If you purchase your Vehicle from a VW dealership, the dealership should be able to inform you about any Services that your Vehicle does not support.  Or, you may call DriveView customer service at 1-833-648-2735 to inquire.

 

6.     Your Additional Responsibilities

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. THIS DOES NOT GUARANTEE THAT YOU WILL BE OFFERED DISCOUNTED AUTO INSURANCE FROM ANY CARRIER THAT WORKS WITH THE DRIVEVIEW PROGRAM.  CRITERIA FOR INSURANCE DISCOUNTS MAY VARY BY STATE AND INSURANCE DISCOUNTS BASED ON CRITERIA IDENTIFIED ABOVE MAY NOT BE AVAILABLE IN ALL STATES. NOR DOES IT GUARANTEE THAT YOU WILL BE OFFERED A DISCOUNT FROM YOUR CURRENT AUTO INURANCE CARRIER SHOULD YOU CHOOSE TO SHARE YOUR DRIVEVIEW DATA WITH THEM. YOU REMAIN SOLELY RESPONSIBLE TO EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS, WHEN OPERATING YOUR VEHICLE, USING THE EQUIPMENT AND SERVICES, AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.

 

6.1           Insuring Your Vehicle

 

The Services do not constitute insurance or guarantee that insurance discounts will be offered to you and you should not rely on the Service as a means to obtain insurance for loss, theft or damage to your Vehicle or property. You are solely responsible for obtaining and maintaining any and all insurance for your Vehicle, your passengers and your property.

 

6.2           No Illegal, Fraudulent, or Abusive Use of the Services

 

You agree that you will not use the Equipment, the Services, the VW Car-Net Website, or the VW Car-Net App, or contact customer service for illegal, fraudulent, or abusive purpose, including to harass, threaten, abuse, defame, or slander, any individual or entity.

 

You may not use the Services in a manner that interferes with any other customers’ use of our Services or our provision of our Services to our other customers. You agree you will not abuse or do anything to damage our or any of our DriveView Service Providers’ respective businesses, operations, services, reputation, employees, equipment, property or facilities. You further agree that you will not harass, threaten or use vulgar and/or inappropriate language toward any customer service representatives. You acknowledge that we have the right to terminate your Services if you exhibit such inappropriate behavior.

 

 

6.3           No Resale of the Services and Limitation on Commercial Use

 

Except as may be permitted by VWGoA in writing, the Services, including the messages, data, information, content, or other material provided as part of the Services, are provided only for your personal use, and not for re-sale. Certain information you receive through the Services belongs to us or our DriveView insurance partners or their service providers (or other third parties) and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (and may not permit or cause any other party to) sell or resell or otherwise use the Services or any information provided through the Services for commercial purposes.  You cannot resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, attempt to reverse engineer, or create derivative works from the Equipment or otherwise display or distribute information or content you receive through DriveView Services.

 

6.4           No Rights to Identifiers

 

You have no property right in any number, address or other communication identifier that may be assigned to you or to the Equipment in connection with the Services. Any such number, address or identifier may be changed from time to time.

 

7.     Transferability - If You Sell Your Car

 

If you plan to sell or transfer your Vehicle or turn your Vehicle in at the end of its lease, you must notify us by contacting one of our customer care representatives at 1-833-648-2735, and you should cancel any ongoing monitoring of your driving behavior and GPS location by canceling your DriveView Services as described above. You remain responsible for the collection, use and sharing of such data for the Services until you contact us and cancel Services. 

 

If you fail to notify us of a sale or transfer of your Vehicle or termination of your lease, we may continue to send your driver behavior and GPS location data through the Car-Net Equipment (as defined in the Car-Net Terms of Service) in your Vehicle. We are not responsible for any privacy or insurance-related damages you may suffer as a result of such a failure to notify us of a sale or transfer of your Vehicle.

 

 

8.     Rental and Fleet Vehicles

 

These Terms of Service also apply to drivers and users of rental cars and other company fleet vehicles in which DriveView has been activated by the owner or fleet manager.  When you use the Services or drive a Vehicle from such fleet with active Services, these Terms of Service shall apply to your use. Additional terms and conditions may apply to Services provided to fleet vehicles and those additional terms and conditions will govern if they conflict with these Terms of Service. The owners or managers of the fleet may use the data collected through the DriveView Services in additional ways that are not covered in these Terms of Service or the VW Privacy Statement. Therefore, you should check with the owners or managers of the fleet or rental cars if you have questions about any requirements, limitations, or data practices that may apply to your use of the DriveView Services. 

 

9.     Our Right to Terminate Services

 

We can decide to either suspend or terminate the Services, at any time for any reason in our discretion, including for network or system maintenance, improvement, congestion, or failure; if we terminate relationships with partner insurance carriers; if we suspect your Service (in whole or in part) is being used for any unauthorized or inappropriate purpose; as a result of your breach of these Terms of Service; due to any event beyond our control as described in Section 3.4 of these Terms of Service, or for reasons unrelated to you or your account with us.  If suspension or termination of the Services occurs for any reason, you acknowledge and agree that you may not be able to use the Services for discounted insurance offerings. We will provide notice of any suspension or termination to your DriveView account.

 

In addition, if we are advised by your financing company or any VW Company (as defined in Section 10), or otherwise receive confirmation that you no longer own or lease your vehicle, we may suspend or terminate your Services.  Please see Section 7 above for requesting a transfer or cancellation of the Services. 

 

10.  Third-Party Beneficiaries

 

The parent, subsidiaries, and affiliates of VWGoA, including its parent company, Volkswagen AG, and its subsidiary Volkswagen Credit, Inc. (each a "VW Company") are third-party beneficiaries under these Terms of Service. As third-party beneficiaries, they are covered by the same protections given to us under these Terms of Service, such as the disclaimers of warranties, limitations of liability, release, and dispute resolution. 

 

You are not a third-party beneficiary of any agreement between us and any of our DriveView insurance partners and their service providers or other third parties, who have no DriveView legal, equitable, or other liability of any kind to you under these Terms of Service. You expressly waive any and all claims or demands for such liability. 

 

11.  Changes to these Terms of Service

 

We can change these Terms of Service at any time.  We will notify you of such change by sending notice of or otherwise posting amended terms through your DriveView account and as required by law.  It is your responsibility to review these Terms of Service periodically and when notified of a change.  If you do not agree to the change, you can request to cancel the Services (as noted in Section 5.1 above).  If you do not notify us within 30 days after we give you notice of the change, then the change will become part of our agreement with you. You agree that you are accepting such changes for yourself and any additional users of the Services using your Vehicle.

 

12.  Intellectual Property

 

The Services are protected by United States and international copyright laws and may be subject to other intellectual property protections, including patent and trademark rights. You may not (or permit or cause any other party to) reproduce, copy, distribute, modify, make derivative works from, perform, broadcast, display, transmit, reuse, re-post, use (except as expressly permitted herein) or claim any right in any aspect of the Services, including the content, text, images, audio, and video without our express, prior written permission. 

 

13.  Claims of Copyright Violations and Agent for Notice

 

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed
  3. A description of where the material that you claim is infringing is located (e.g., URL), with enough detail that we may find it
  4. Your address, telephone number, and email address 
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

 

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

 

We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should be aware that there can be penalties for false claims under the DMCA. 

 

Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

By email:  VWCustomerCARE@vw.com

By mail:  Volkswagen Customer CARE Center, 3800 Hamlin Road, Auburn Hills, MI 48326

 

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

 

14.  Trademarks.

 

Any trademarks, logos, and service marks (collectively "Marks") displayed in connection with the Services are the registered and/or unregistered trademarks of VWGoA or other third parties. Nothing contained in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Mark or any variation thereof without the written permission of VWGoA or the other owner thereof. Your use of VWGoA’s Marks is strictly prohibited. 

 

15.  Disclaimer of Warranties

 

NEITHER VWGoA, ANY VW COMPANY NOR OUR DRIVEVIEWSERVICE PROVIDERS  WARRANT OR GUARANTEE THAT SERVICES WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR TO ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR.  NEITHER VWGoA, ANY VW COMPANY, NOR OUR SERVICE PROVIDER WARRANTS THAT A GOOD DRIVING SCORE OR USE OF THE DRIVEVIEW SERVICE WILL RESULT IN OFFERS OF DISCOUNTED AUTO INSURANCE FROM INSURANCE CARRIERS.  NEITHER VWGoA, ANY VW COMPANY, NOR SERVICE PROVIDERS  MAKE ANY WARRANTIES, EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICES, EXCEPT AS PROVIDED BELOW, (2) THE SERVICES, (3) NONINFRINGEMENT, OR (4) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICES.  THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.  ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE.  VWGoA EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES. 

 

16.  Limitation of Liability

 

BY ACCEPTING THESE TERMS OF SERVICE OR BY USING THE SERVICES, WHICHEVER OCCURS EARLIER, YOU ARE WAIVING IMPORTANT RIGHTS, AND YOU HEREBY PROVIDE YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US, THE VW COMPANIES AND OUR SERVICE PROVIDERS (AS DESCRIBED IN THESE TERMS OF SERVICE). You acknowledge and agree that neither we, nor any VW Company nor our service providers are liable (1) for any act or omission of any other company furnishing a part of our Services or any equipment provided for such Services, or (2) for errors or omissions of any vendors, dealerships or manufacturers participating in offers made through us.

 

IF VWGoA, ANY VW COMPANY AND/OR ANY OUR  SERVICE PROVIDERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY VW COMPANY AND OUR SERVICE PROVIDERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO $100.00. YOU ACKNOWLEDGE AND AGREE THAT NEITHER VWGoA, NOR ANY VW COMPANY, OURSERVICE PROVIDERS WOULD HAVE AGREED TO PROVIDE THE SERVICES TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY VW COMPANY AND OUR SERVICE PROVIDERS TO YOU. IN NO EVENT SHALL WE, ANY VW COMPANY OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER VWGoA, ANY VW COMPANY OR OUR SERVICE PROVIDERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) ATTORNEY’S FEES.  YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.

 

17.  Indemnification; Release

 

You agree to defend, indemnify and hold harmless VWGoA, any VW Company, and any service providers each of our or their respective affiliates, officers, directors, contractors, and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys’ fees on account thereof) (collectively "Claims") irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages or injuries (including without limitation Claims for libel, slander, or any property damage, personal injury or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Vehicle) violation of these Terms of Service.

 

You agree that the limitations of liability and indemnities in these Terms of Service for your conduct while these Terms of Service were in effect with you will survive even after your Services have ended or the Services have terminated.

 

WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER  AGREE TO RELEASE VWGoA, EACH VW COMPANY AND OF OUR SERVICE PROVIDERS FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR DATA COMPROMISE, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICES, EVEN IF CAUSED BY THE NEGLIGENCE OF VWGoA, ANY VW COMPANY OR ANY OTHER SERVICE PROVIDERS, OR THE MALFUNCTION OF THE EQUIPMENT. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.

 

18.   Dispute Resolution

 

PLEASE FIRST CONTACT US FOR CUSTOMER SUPPORT IN THE EVENT OF ANY DISPUTE.  IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTES BY COMMUNICATING BETWEEN US WITHIN A REASONABLE TIME PERIOD, YOU AND VWGoA EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:

 

(A) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE BETTER BUSINESS BUREAU ("BBB") UNDER BBB ARBITRATION RULES, AS MODIFIED BY THESE TERMS OF SERVICE.  BBB RULES AND FEE INFORMATION ARE AVAILABLE FROM US OR THE BBB.  ARBITRATION IS NOT A COURT PROCEEDING. THE RULES OF ARBITRATION DIFFER FROM THE RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING;

 

(B) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS  BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST VWGoA, ANY VW COMPANY OR ANY OF OUR DRIVEVIEW SERVICE PROVIDERS, OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES OR PREDECESSORS IN INTEREST. IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION; NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT. IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT. IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE (3) ARBITRATORS; AND

 

(C)  IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND VWGoA EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.

 

19.  Contact Information

 

For customer care issues or general inquiries regarding DriveView, you may contact or notify us by dialing 1-833-648-2735.    Any notice we send you will be sent to your last known billing address or email address as shown on our records for the DriveView account. It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you. Any oral notices will be considered given when we call you or when you call us toll-free at 1-833-648-2735 and you speak with a live Car Net Response Center representative. Notices applicable to all users may be posted through the VW Car-NetWebsite or VW Car-Net App.

 

20.  Miscellaneous Terms

 

20.1        The Laws Governing Our Relationship

 

Subject to the dispute resolution provisions above, these Terms of Service and any applicable disputes arising out of or relating to it or the Equipment or Services will be governed by the laws of the Commonwealth of Virginia, wherever filed without regard to conflicts of laws principles and subject to arbitration as set forth above.

 

20.2        Entire Agreement

 

These Terms of Service (including the VW Privacy Statement and any other document or policy incorporated by or into this Agreement) is the entire agreement between you and us with respect to the Services or related use of the Equipment. It supersedes all other agreements, communications or representations, oral or written, between us, past or present with respect to the Services or related use of the Equipment. We are not responsible for any third party statements, agreements, representations, warranties or covenants, oral or written, including, without limitation, any statements from sources other than us, concerning or relating to the Equipment or the Services, unless such statements, agreements, representations, warranties or covenants are expressly contained in or incorporated by these Terms of Service or your Service Plan.

 

20.3        Effect of Termination or Non-Renewal of Terms of Service

Upon termination or expiration of these Terms of Service for any reason, you must immediately stop using the Services and your authorization to use the Services is automatically and immediately terminated. All provisions of these Terms of Service which by their nature survive termination or expiration, shall survive termination or expiration of these Terms of Service, including but not limited Section 15 (Disclaimer of Warranties), Section 16 (Limitation of Liability), Section 17 (Indemnification and Release), Section 18 (Dispute Resolution).

20.4        Waiver; Severability

 

No waiver of any part of these Terms of Service, or of any breach of it, in any one instance will require us to waive any other instance or breach. If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable.

 

20.5        Relationship between VWGoA, Service Providers, and You

 

Notwithstanding anything else herein, these Terms of Service do not create any fiduciary relationships between you and us, or between you and any VW Company or any of our service providers.  These Terms of Service also do not create any relationship of principal and agent, partnership, or employer and employee between you and us or between you and any VW Company or any of our service providers. These Terms of Service will also be binding on your heirs and successors and on our successors.

 

20.6        Assignment by VWGoA

 

We can assign these Terms of Service, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion.

 

20.7        Export

 

You agree to comply with all applicable trade regulations and export control laws both domestic and foreign and to allow any information you provide to be used for the purpose of ensuring export compliance. The Equipment and the Service, and any underlying information accessed or transferred by you using the Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any such Equipment, software or information to any foreign country. Any information transferred by you using the Services or the Equipment to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations. 

 

20.8        Questions

 

If you have any questions about these Terms of Services, the Services, Equipment, Service Plans, or any other aspects of this agreement, please contact a Car Net Response Center representative at 1-833-648-2735.