Last updated: September 22, 2021

 

Terms & Conditions for Text Messaging Programs 

 

Please read these terms and conditions for text messaging programs (the “Agreement”). By using or subscribing to the Service (as defined below) or otherwise indicating your acceptance, you are agreeing to this Agreement.

 

This Agreement is between you and Auto Club (as defined below) concerning your use of or subscription to Auto Club’s various text messaging programs, including one-time, limited and recurring messaging programs

 

The Service is provided by email or Text Messages (as defined below) sent through the facilities of service provider(s) supplying wireless service (“Wireless Service Provider”) in connection with the electronic address or mobile number you designate from time to time for receipt of the Service and/or a computer or similar device having access to the Internet (“Computer”). 

 

You affirm that you are of legal age to enter into this Agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement and are at least thirteen (13) years old. You also affirm that you are the account holder of the Service and that you consent to subscribe to the Service, or otherwise have the account holder's consent to subscribe. 

 

This Agreement hereby incorporates by this reference any additional terms and conditions made available to you by Auto Club. This Agreement is in addition to any existing membership agreement, insurance policy or other agreement you may have with us. The Message(s) that you select to be provided to you are for convenience purposes only, and, unless we specifically state otherwise, are not in real time. Neither this Agreement nor any Message shall amend, supplement, change or replace any other notice or information that you may receive from us in connection with any product or service from us, including your membership or insurance policy.

 

1. Definitions

 

  • Auto Club,” “AAA,” “we,” “our,” or “us” means the Automobile Club of Southern California and its subsidiaries and affiliates, agents, employees, predecessors in interest, successors and assigns, as well as any other person or entity providing any service, applications or content to you from us or on our behalf.
  • Content Provider” means a third-party provider of information to the Service. 
  • Technology Provider” means a third-party provider of technology services used to operate the Service. 
  • Device” means the wireless receiving equipment through which you intend to access and use the Service from time to time. 
  • System” means the hardware and software owned or operated by us or any Technology Provider and used from time to time in providing the Service. 
  • Text Message” or “Message” means SMS (Short Message Service) and/or MMS (Multimedia Messaging Service) messages generated by an automated dialer to the mobile number you provided.
  • You” or “your” means the person or entity subscribing to or using the Service.
  • Specific terms are also defined elsewhere in this Agreement.


2. Your Consent to Receive Messages

 

  • By providing or confirming your phone number, you agree that the Service may include, without limitation, Text Messages whether from an automatic telephone dialing system (“ATDS”), an ATDS-capable system (including without limitation any System we or our Technology Providers may use from time to time), a non-ATDS, or non-ATDS capable system, even if you are charged for the Messages.
  • You consent to receive Messages on the Devices associated with your provided telephone number(s), even if your telephone number(s) are on any Do Not Call (or similar) list, so that it will not be considered unauthorized by any local, state, or federal law or regulation. 
  • If you do not consent, you must immediately cease using the Service and opt-out by replying STOP to any Message.
  • Your consent includes authorization for Auto Club to deliver recurring advertising Messages using an ATDS (or via non-ATDS technology) to the mobile phone number provided, confirmed or when you subscribed to the Service.
  • You agree that your participation in the Service or consent to this Agreement is not in any way required as a condition of making any purchase from us.


3. How to Opt Out

 

  • To stop receiving future Text Messages reply STOP, and for a particular messaging program, refer to the specific program below to determine the method to opt out. 
  • For limited or recurring messaging programs, if you change your mobile phone number or deactivate your Device, you must contact us to report this change in status, so that we can stop sending Text Messages to your mobile number under any Messaging program you subscribed to. For more information about how to contact Auto Club, please refer to Section 11.


4. Participating Carriers & Fees

 

  • Message & data rates may apply to your use of or subscription to the Service. While there is no charge from us for a Service, depending on the terms of your wireless plan, Text Message, data rates or other fees may be charged by your Wireless Service Provider for sending and/or receiving these Messages. Solely, you are responsible for such charges, and also for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
  • You represent that you are the owner or authorized user of any mobile number you provided to Auto Club and are authorized to be charged for any charges from your use of the Service.
  • The Service is compatible with all major wireless carriers, including T-Mobile®, Verizon Wireless, AT&T, Sprint, U.S. Cellular®, Metro PCS, Alltel, and many other smaller/regional carriers. 
  • Wireless carriers including T-Mobile® are not liable for delayed or undelivered messages. 


5.
 Information & Products

 

  • We are providing you with access to various types of information through the Service which may include, without limitation, certain listings, descriptions and images of goods or services and certain information regarding your account balance or payment due date (“Information”), which is solely for your own use and not for further redistribution. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such Information.


6. Auto Club’s Proprietary Rights 

 

  • We, American Automobile Association and our suppliers own the Service and any Information, which is protected by proprietary rights and laws. These trade names, trademarks and service marks include AAA, Automobile Club of Southern California, AAA Texas, AAA New Mexico, AAA Hawai’i, AAA Northern New England, AAA Tidewater, AAA East Central, Automobile Club of Missouri, AAA Insurance, and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

 

7. Availability/Interruption

 

  • The Service and System are available through your Device when it is within the operating range of your Wireless Service Provider or a Computer having an active connection to the Internet. Any Service is subject to transmission limitation or interruption. 
  • You acknowledge and agree that we are not responsible for performance degradation and delays, including but not limited to any due to conditions on the Internet, Device, your Computer or actions of the Content Providers or Technology Providers.
  • You acknowledge that we, Content Providers and Technology Providers shall not be liable to you if the Service in a given location is not available. If the Service is not available within your intended location, you agree that your sole remedy shall be to cease using the Service as described in this Agreement.
  • While we make every effort to ensure that the Service is provided without interruption, we reserve the right, in our sole discretion, without any obligation and without any notice requirement, to change, improve or correct Text Messages and to suspend Messages for scheduled or unscheduled maintenance, upgrades, improvements or corrections. 


8. Rules of Conduct

In connection with the Service, you must not: 

  • Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Interfere with or disrupt the operation of the Service or System, including by hacking or defacing any portion of the Service or System; or violate any requirement, procedure or policy of any related servers or networks.
  • Restrict or inhibit any other person from using the Service.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without Auto Club’s express prior written consent and the clearance of any applicable regulatory approvals.
  • Reverse engineer, decompile or disassemble any portion of the Service or System, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Service.
  • Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Auto Club’s express prior written consent.
  • Systematically download and store Service content.


9.
 Privacy & Security

 

  • Your submission of information to us through the Service is governed by our Privacy Notice (“Privacy Notice”)
  • You represent and warrant that any information you provide in connection with the Service or to Auto Club is and will remain accurate and complete, and that you will maintain and update such information as needed.
  • You acknowledge that Messages are not encrypted and are delivered over public communication or similar facilities that are not under the control of Auto Club and that have inherent security vulnerabilities.
  • If you are uncomfortable with the risk of others seeing your Messages, then do not subscribe to the Service, or alternatively, only subscribe to those that you would not mind others potentially seeing.
  • You authorize Auto Club’s monitoring and recording of calls to us concerning your account or the Service. You agree that we may intercept and disclose any Messages using Auto Club facilities in order to protect our rights or property and for any other purpose not prohibited by law. You also agree that we may look at your Messages if we believe, in our good faith discretion, that it is advisable to protect Auto Club or others from injury or damage (although we do not undertake a duty to do that). 
  • We reserve the right to take any appropriate action if we become aware of any use of the Service, we believe violates any law or is otherwise wrongful.


10. Passwords & Unauthorized Usage

 

  • If your Computer or Device is lost or stolen or if Service is fraudulently used, you must immediately notify us. We have the right to interrupt or restrict Service to your Device or Computer, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.


11.
 Information or Complaints

If you have a question or complaint regarding the Service please send an email to aaa-privacy@aaa-calif.com. You may also contact us by writing to: 

  • Automobile Club of Southern California, 
    • Office of General Counsel, Privacy Attorney A451
    • 3333 Fairview Rd., Costa Mesa, CA 92626

or by calling us at 1-866-295-1042. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Sacramento, CA 95834, or by telephone at 1-916-445-1254 or 1-800-952-5210.


12. Changes to This Agreement & Cancellation of The Service

 

  • We may change or modify this Agreement from time to time by notifying you of such changes by any reasonable means, including by making the revised Agreement available through the Service.
  • Your use of the Service following any such change constitutes acceptance of such changes. If you do not agree with the current or modified Agreement, you must cease using the Service immediately and unsubscribe via the method set forth below for the particular Messaging program you subscribed to. The “Last Updated” legend above indicates when this Agreement was last changed. Please check back regularly for updates and changes. 
  • We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links); change, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users. 

 

13. Disclaimer of Warranties

 

  • AUTO CLUB SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DEVICE, COMPUTER OR SOFTWARE USED IN CONJUNCTION WITH THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ACCESS TO THE SYSTEM ARE AT YOUR SOLE RISK. THE SERVICE, SYSTEM AND THIRD-PARTY MATERIALS ARE PROVIDED ON AN “AS IS” AND AN “AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE ARE NOT LIABLE FOR SERVICE OR SYSTEM OUTAGES OF ANY DURATION. 
  • WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICE SYSTEM, THIRD-PARTY MATERIALS, YOUR COMPUTER OR THE DEVICE AND DISCLAIM WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON AUTO CLUB’S BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. 
  • WE ARE NOT THE MANUFACTURER OF THE DEVICE OR YOUR COMPUTER AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. AUTO CLUB MAKES NO WARRANTY THAT THE SERVICE OR SYSTEM WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE OR SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NOR DOES AUTO CLUB OR TECHNOLOGY PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. 
  • AUTO CLUB OR ITS CONTENT OR TECHNOLOGY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE OR SYSTEM AT ANY TIME. 
  • YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER OR LOSS OF DATA THAT RESULTS FROM. DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT GUARANTEE THAT THE SERVICE IS OR WILL REMAIN UPDATED, COMPLETE, CORRECT OR SECURE, OR THAT ACCESS TO THE SERVICE WILL BE INTERRUPTED. ADDITIONALLY, THIRD PARTIES MAY MAKE UNAUTHORIZED ALTERATIONS TO THE SERVICE.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


14. LIMITATION OF LIABILITY

Auto Club shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from:

 

  • your use of our provision of the Service,
  • access to the System,
  • your use of any Device or Computer in connection with the Service or for Device or Computer failure or modification,
  • the content of Third-Party Materials, information or other materials included with or accessed via use of the Service,
  • the failure to deliver any Messages or the delivery of Messages at times different than the times you designated (if designations are available through the Service),
  • any acts or omissions of any Content or Technology Providers,
  • for System failure or modification, or
  • any “force majeure” (i.e., any flood, extraordinary weather conditions, earthquake or other act of god, fire, war, insurrection, pandemic, riot, labor dispute, accident, action of government, communications or power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of Auto Club or its Content or Technology Providers.
  • NEITHER AUTO CLUB NOR THE CONTENT OR TECHNOLOGY PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR SYSTEM, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED (OR NOT RECEIVED) THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER DAMAGES. 
  • EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR THIRD-PARTY MATERIALS IS TO STOP USING THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  • NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF AUTO CLUB FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION HEREUNDER SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). IN STATES WHERE SUCH LIMITATIONS ON LIABILITY ARE NOT PERMITTED. AUTO CLUB’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  • NEITHER OF US MAY BRING A LEGAL ACTION WITH RESPECT TO THE AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE LEGAL ACTION ACCRUES.

 

15. Indemnity

 

  • To the fullest extent permitted under applicable law, you agree to indemnify and hold harmless Auto Club from and against any claim or demand, including reasonable attorneys’ fees, made by any third party resulting from or arising out of your use of the Service or System (or the Service or System by persons using your password) or any violation or alleged your violation of this Agreement by you.

 


16. Termination

 

  • This Agreement is effective until terminated. Auto Club may terminate or suspend your use of the Service at any time and without prior notice, for any reason, including if Auto Club believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and Auto Club may, without liability to you or any third party, immediately deactivate or delete your account, and all associated materials, without any obligation to provide any further access to such materials. Any provision which by its nature is intended to survive termination of this Agreement shall survive such termination. 

 

17. Governing Law & Dispute Resolution

 

  • You agree that this Agreement (and any claim or dispute arising in connection with this Agreement or use of the Service) is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.


18. Miscellaneous 

 

  • This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Auto Club.
  • The Service is controlled or operated (or both) from the United States and is not intended to subject Auto Club to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
  • Notices to you (including notices of changes to this Agreement) may be made via the Service or by email (including in each case via links), or by regular mail.
  • This Agreement represents the entire agreement between you and us regarding the Service, and it supersedes all prior or contemporaneous communications, agreement and understandings between you and us with respect to the subject matter hereof. 
  • Subject to applicable law, we may assign all or part of Auto Club’s rights or duties under this Agreement without such assignment being considered a change to this Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement. 
  • The failure to enforce any provision of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other provision. 
  • If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
  • Headings and captions shall not be considered included for purposes of interpretation or application hereof but are for convenience only.
  • In any action to enforce this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys’ fees from the other party.
  • You agree to print or save and retain a copy of your consent for your records.

Auto Club (AAA) Text Messaging Programs

 

Auto Club (AAA) Membership & Insurance Notification Program (aka AAA Alerts)

 

Additional terms to the Agreement.

 

Program Information

 

  • This is a recurring Text Messaging Program whereby SMS or MMS Messages are sent by or on behalf of AAA to your Device regarding your AAA membership and/or insurance. 
  • Messages include Messages regarding membership and insurance benefits and services, including account information, membership and proof of insurance cards, payment reminders for insurance and/or membership, Insurance questionnaire, transaction confirmations, website password authorization, Auto Pay authorization and enrollment, renewal/bill reminders, scheduled payments, card payment failures, branch notifications, discount and membership offers and notifications, AAA OnBoard® and other periodic account information. For the AAA OnBoard® insurance program participants (not available in all states), Messages include a link to download the Auto Club App and periodic Messages when there are issues with driving behavior not being logged whether it’s from the App not being downloaded, connectivity or other issues with logging driving behavior.

 

Stop Information

 

  • To stop receiving Text Messages for this AAA Alerts Program, text any of the following non-case sensitive commands from your subscribed Device to the listed SMS code that was used to send you a Text Message. 
    • Stop
    • Cancel
    • Quit
    • Unsubscribe
    • End
  • You can alternatively, contact us via the contact information listed above in Section 11; however, the above commands provide the quickest and most efficient method to stop receiving Messages.
  • You will receive a Message confirming your opt-out.

 

Help Information

Auto Club (AAA) Emergency Roadside Alerts Program

 

Additional terms to the Agreement.

 

Program Information

  • This is a limited Text Messaging Program whereby SMS or MMS Messages are sent by or on behalf of AAA, to your Device informing you when your ERS provider will arrive. The program may not be available in all areas.
  • For each service call, you will receive an initial confirming message, then up to several estimated time of arrival (ETA) Messages, and an on location (arrival) Message. When Service Tracker is available, a link to a tool that lets you track your service provider will be sent following the initial confirming Message.

 

Stop Information

  • To stop receiving Text Messages for this Program, text any of the following non-case sensitive commands from your subscribed Device to the listed SMS code that was used to send you a Text Message. 
    • Stop
    • Cancel
    • Quit
    • Unsubscribe
    • End

Typing STOP does not cancel AAA road service. To cancel AAA road service, please call 1-800-AAA-HELP.

 

You can alternatively contact us by calling 1-800-AAA-HELP, or via the contact information listed in Section 11; however, the above commands provide the quickest and most efficient method to stop receiving Messages.

 

You will receive a Message confirming your opt-out.

 

Help Information

Auto Club (AAA) Survey Alerts Program

 

Additional terms to the Agreement.

 

 Program Information

  • This is a limited Text Messaging Program whereby SMS or MMS Messages are sent by or on behalf of AAA to your Device to participate in a AAA satisfaction survey. The Program may not be available in all areas.


Frequency

  • You may receive several messages regarding the AAA satisfaction survey.

 

Stop Information

  • To stop receiving Text Messages for this Program, respond Stop (not-case sensitive) from your subscribed Device to the survey Text Message. 
  • Typing STOP does not cancel AAA road service. To cancel AAA road service, please call 1-800-AAA-HELP.

 

You will receive a Message confirming your opt-out, and no future Messages under this Program unless you opt in again.

 

Help Information

Auto Club (AAA Insurance) Program

 

 Program Information

  • This is a Text Messaging Program whereby SMS or MMS Messages are sent by or on behalf of AAA to your Device regarding application, quote, purchase and other AAA insurance transactions.

 

 

Stop Information

  • To stop receiving Text Messages for this AAA Insurance Program, text STOP or any of the following terms listed below in response to a AAA Insurance Program Text Message.
    • Stop
    • Cancel
    • Quit
    • Unsubscribe
    • End

 

You can alternatively contact us via the contact information listed in Section 11; however, the above commands provide the quickest and most efficient method to stop receiving Messages.

 

You may receive a Message confirming your opt-out.

 

Help Information

Auto Club (AAA Claims) Program

 

 Program Information

  • This is a Text Messaging Program whereby SMS or MMS Messages are sent by or on behalf of AAA to your Device regarding AAA Insurance claims.

 

 

Stop Information

  • To stop receiving Text Messages for each AAA Claims Program, text STOP or any of the following terms listed below in response to a AAA Claims Program Text Message.
    • Stop
    • Cancel
    • Quit
    • Unsubscribe
    • End

 

You can alternatively contact us via the contact information listed in Section 11; however, the above commands provide the quickest and most efficient method to stop receiving Messages.

 

You may receive a Message confirming your opt-out.

 

Help Information

Auto Club (AAA Password Reset) Program

 

 Program Information

  • This is a Text Messaging Program whereby SMS or MMS Messages are sent by or on behalf of AAA to your Device regarding AAA Password reset requests.

 

 

Stop Information

  • To stop receiving Text Messages for the AAA Password Reset Program, text STOP or any of the following terms listed below in response to a AAA Password Reset Text Message.
    • Stop
    • Cancel
    • Quit
    • Unsubscribe
    • End

 

You can alternatively contact us via the contact information listed in Section 11; however, the above commands provide the quickest and most efficient method to stop receiving Messages.

 

You may receive a Message confirming your opt-out.

 

Help Information