AAA PHOTO INSPECTION

 

TERMS OF USE

 

Last updated: May, 2019

 

1.  Agreement. To participate in a photo inspection program (Program), you must agree with these AAA Photo Inspection Terms of Use (TOU).  Your participation in the Program is voluntary.  To participate, you must access the Program website (Website) on a compatible mobile device or download the Program application (App) on a compatible mobile device and accept the TOU for the Program on the Website or App.  To use the Website, you may also be required to accept the Terms of Use of our service providers providing services to us in connection with the Program.  Your participation in any Program is also subject to the terms and conditions of your membership, if you are a AAA member.  Please read the entire TOU before you agree to it.  You agree to the TOU by participating in the Program by accessing the Website or App and uploading photos using the Website or App.  The TOU is available through the Website or App.  The Program is offered to AAA members, AAA insureds and claimants by the local AAA club and/or its affiliated automobile insurance company (Insurance Company), which are referred to in the TOU as “AAA”, “we”, “us”, or “our”.  When used in connection with an insurance Program, reference to “you” or “your” in the TOU includes, when applicable, the insureds named on an Insurance Company policy, applicants for such a policy and claimants under such a policy.

 

2.  Programs and Services.  Each Program may provide a number of different services (Services).  Available Programs include insurance programs that allow you to take inspection photographs of your vehicle using a compatible mobile device and provide those images to the Insurance Company using the mobile device.  Some Programs or Services may not be available in your state.  More information on our Programs and Services is available on the Website and App.

 

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.  Communications and notifications may be provided by our service providers.

 

4.  Mobile Data Usage.  All Programs require a compatible mobile device with a mobile data plan to transmit collected photographs to us, send and receive communications, so you may incur additional mobile text and data charges depending on your mobile text and data plan.

 

5.  Vehicle Images and Other Information.  AAA may:

  • Use third party service providers in connection with the Program;
  • Use the vehicle images and other information transmitted to us, including vehicle identification number, license plate information, odometer readings and vehicle condition, to determine your eligibility to participate in a Program or receive Services, to determine your eligibility for insurance and to evaluate an insurance claim;
  • Disclose this information to you and others authorized by you;
  • Disclose this information to third parties to provide you or other authorized users Services or to assist law enforcement; and
  • Retain, use, and disclose this information as described in the TOU and the AAA Privacy Statement, and as permitted by law.

 

6.  Privacy.  Our use of any images and other information captured, collected, stored, disclosed, or transmitted by you or from the Website will be governed by the TOU and the AAA Privacy Statement (Privacy Statement).  The Privacy Statement is incorporated into this TOU and is available at AAA.com/privacy and on the App.

 

7.  Consent of Vehicle Owner.  You may participate in the Program with respect to vehicles that you are or have the consent of the registered owner, lessor, or lessee. We may verify vehicle registration information.

 

8.  Insurance Discounts.  If your Program involves an insurance discount, the Insurance Company may use information collected in the Program 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 the vehicle or your mobile device may be used to determine vehicle condition, annual mileage, certain insurance discounts and estimate repair costs.

 

9.  If You Are Involved in an Auto Accident.  The images and other information collected in the Program may be used in the investigation of an automobile accident.  You may have a legal obligation to preserve this information.  We may provide this information to third parties in a lawsuit or the police in response to a subpoena or as required by law.

 

10.  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 and App.  Please visit the Website and App on a regular basis for the most recent version.  Your continued participation in any Program or use of the 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.

 

11.  Program Rules.  To participate in a Program, you must comply with its rules and eligibility requirements (Program Rules), including the following:

  • You must maintain the confidentiality of access codes or passwords you create to use a Service and notify us immediately of any unauthorized use or disclosure.
  • You may not use the Services for commercial purposes, do anything illegal, misleading or fraudulent or provide altered or inaccurate images or information.
  • You may not impersonate others, provide private or confidential information of another person, or do anything that violates another person’s rights.
  • You may not include the image or likeness of any person or any other personally identifiable information (other than vehicle identification number or license plate information if requested by us) in images and information that you provide to us.
  • The App may be available to AAA members only.

 

12.  License.  You hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable,  worldwide license to store, host, backup, use, distribute, copy, display, create derivative works of and delete your images and information in connection with the Program and Services in accordance with the TOU and Privacy Statement.  You agree that we may download and install updates to the Website and App on your mobile devices. 

 

13.  Termination and Changes to Programs, Services, and Program Rules.  You may end 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 terminate any Program, Service, or Program Rule (including eligibility requirements), update, change or terminate the Website and App, terminate your participation in a Program or restrict the availability of Programs and Services at any time and for any reason, without notice.

 

14.  No Warranty.  We and our third party service providers, and our and their respective parent corporations, affiliates and subsidiaries (collectively “AAA Parties”), make no warranties or guarantees, express or implied regarding the Website, App, Programs and Services.  The Website, App, Programs and Services are provided “AS-IS.”  We do not warrant nor guarantee the accuracy, timeliness, completeness, suitability, or availability of the Website, 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.

 

15.  Limitation of Liability; Waivers.  The AAA Parties are not liable for any damages caused by the Website, App, Programs or Services, including without limitation, any consequential damages, punitive damages, special damages, indirect damages and incidental damages.  You waive all claims for any damages caused by the Website, App, 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 use the Website and App and to participate in any Program and we would not allow you to do so without them.  There may be restrictions on these limitations of liability that vary by state.

 

16.  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 Website, App, Programs or Services; or (c) the use or inability to use the App, Programs or Services by any person that you permitted to use the Website, 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.

 

17.  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 Website, 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 Website, App, Programs and Services.

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