Last updated: August 25, 2020
Terms and Conditions for Text Messaging Programs
(“Terms” or “Agreement”)
The following terms are the contract for our various text messaging programs (the “Service”) whether they are one-time, limited, or recurring messaging programs. By subscribing or using the Service, you agree to these Terms and that you are entering into a legally binding agreement with Automobile Club of Southern California entities (“Auto Club”) as defined below.
If you do not agree with these terms, do not subscribe or use the Service. We are willing to provide you the Service only if you agree to be bound by the Terms.
- The Service is provided by email or via short message text messages ultimately 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”).
- “Content Provider” is a third party provider of information to the Service.
- “Technology Provider” is 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 computer 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.
- “We,” “our,” “us,” “Auto Club,” "AAA," and “provider” refer to 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.
- “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 your phone number, you agree that the Service may include, without limitation, Text Messages from an automatic telephone dialing system (“ATDS”) or from an ATDS-capable system (including without limitation, any System we or our Technology Providers may use from time to time), 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.
- 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 when you subscribed or used 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.
- You certify that you are 18 years or older, and that you are the account holder and consent to subscribe to a Service or otherwise have the account holder's consent to subscribe. If you are not 18, you must have the express permission of a parent/guardian (but in any case, you must be at least 13 years old to subscribe).
4. No Amendment Of Existing Terms And Conditions
- These Terms apply 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 through a Service are for convenience purposes only. Unless specifically stated otherwise, the Message(s) are not real time. They do not amend, supplement, change or replace any other notice or information that you may receive in connection with any product or service from us including your membership or insurance policy.
5. How To Opt Out
- To stop receiving future Text Messages for a particular Messaging program, refer to the specific program (Service) below which you are subscribed to in order 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 opted-in mobile number under the Messaging program you subscribed to. See Section 12 (Contacting Us) regarding how to best contact us.
6. Participating Carriers & Fees
- Message & data rates may apply. 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. You are solely responsible for such charges.
- You represent that you are the owner or authorized user of the mobile number you provided, and are authorized to be charged for any charges from your use of the Service.
- This 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.
- T-Mobile® is not liable for delayed or undelivered messages.
- We are providing you with access to various types of information through the Service which may include, without limitation, some account information (the “Information”) such as your account balance or payment due date, which is solely for your own use and not for further redistribution.
- The Information is our property and is protected by applicable law.
- We reserve any rights not expressly granted herein. All Information is believed to be accurate and timely (subject to any delays), but we and our Technology Providers do not warrant or guarantee such accuracy or timeliness.
- 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 these Terms.
- 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.
9. Use Of Service/Device
- You agree not to use the Service for any unlawful or abusive purpose or in any way, which damages our property or interferes with or disrupts the System or other users.
- Resale of the Service is prohibited without prior contract arrangements with us and any required regulatory approvals.
- You are responsible for ensuring that your Device and Computer are compatible with the Service and System and meet federal standards.
10. Privacy & Security
- Any Information provided to Auto Club by you in association with the Service is governed by our privacy notice.
- 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.
11. Passwords And 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.
- You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities regarding the Service.
12. Contacting Us
- You can contact us regarding this Service through the following methods, which are the best avenues to ensure that your request is timely and adequately addressed.
- Via email: firstname.lastname@example.org
- Via mail:
- Automobile Club of Southern California,
- Office of General Counsel, Privacy Attorney A451
- 3333 Fairview Road, Costa Mesa, CA 92626
- Via phone: 1-866-295-1042
13. Changes To This Agreement And Cancellation Of The Service
- We may change or modify this Agreement, including Service features, from time to time without prior notice to you. Any changes are effective upon our posting the revised notice. Your use of the Service following any such change constitutes acceptance.
- If you do not agree with the current or modified Terms, you must cease using the Serve immediately and unsubscribe via the method set forth below for the particular Messaging program you subscribed to.
- Please check back regularly for updates and changes.
- No 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 AND SYSTEM ARE PROVIDED ON AN “AS IS” AND AN “AVAILABLE” BASIS. WE ARE NOT LIABLE FOR SERVICE OR SYSTEM OUTAGES OF ANY DURATION.
- WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE SYSTEM, YOUR COMPUTER OR THE DEVICE AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. 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 THE DOWLOAD OF SUCH MATERIAL AND/OR DATA.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability for the Service
- 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 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, 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.
- AUTO CLUB OR THE CONTENT OR TECHNOLOGY PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, 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.
- SOME JURISDICTIONS DO NOT ALOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Action
- NEITHER OF US MAY BRING A LEGAL ACTION WITH RESPECT TO THESE TERMS MORE THAN EIGHTEEN (18) MONTHS AFTER THE LEGAL ACTION ACCRUES.
- Maximum Liability
- NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE MAXIMUM LIABILITY OF AUTO CLUB FOR DAMAGES HEREUNDER SHALL NOT EXCEED $100.
- IN STATES WHERE SUCH LIMITATIONS ON LIABILITY ARE NOT PERMITTED. AUTO CLUB’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW.
- THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
- You agree to indemnify and hold Auto Club harmless 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 your violation of this Agreement.
- This section shall survive termination of your agreement to this Agreement.
- 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.
17. Prohibited Uses
- The Service is intended for your personal, non-commercial use. You agree that you will not copy, re-transmit, broadcast or make any commercial use of the Service. You do not have permission to use the Service except as permitted under the Agreement.
- You may not use any device, software, or technique that (i) attempts to access our System, or reverse engineer, decrypt, break or otherwise alter or interfere with the Service; or (ii) creates undue burden or other interference of the Service or the System that supports it.
18. Entire Agreement
- These Terms represent 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.
- If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
19. 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.
- The parties unconditionally waive their respective rights to a jury trial.
- You consent to the exclusive jurisdiction of the federal and state courts located in Orange County, California, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections.
20. Miscellaneous Provisions
- 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.
- 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.