AAA Auto Insurance Usage Based Insurance Program
Terms and Conditions
SMARTtrek Program Basic Subscription
Terms and Conditions
Offered in conjunction with The AAA Insurance with SMARTtrek Program of CSAA Insurance Group
AAA Auto Insurance
Usage Based Insurance Program
Terms and Conditions
CSAA Insurance Group, a AAA Insurer
These Usage Based Insurance Program Terms and Conditions (“Terms and Conditions”) state the terms for receiving a discount if one is available under the Usage Based Insurance Program for a vehicle insured under your automobile insurance policy with the CSAA Insurance Group (“Policy”). The CSAA Insurance Group consists of CSAA Insurance Exchange; CSAA General Insurance Company; CSAA Fire & Casualty Insurance Company; CSAA Affinity Insurance Company, CSAA Mid-Atlantic Insurance Company and CSAA Mid-Atlantic Insurance Company of New Jersey (the “Company,” “we,” “our,” and “us”). Our Usage Based Insurance Program may provide a discount, if available, on the premium owed for your Policy as detailed below.
You must agree to these Terms and Conditions to obtain and/or maintain an available discount under the Company’s Usage Based Insurance Program. We recommend that you print a copy of these Terms and Conditions for your records using your browser’s print function.
Usage Based Insurance Program Overview
Our Usage Based Insurance Program is a voluntary program that may offer one or two types of discounts to the premium for your Policy, if available. The first is a participation discount that is applied, if available (a) during the first term your Policy insuring your vehicle (“Vehicle”) is under our Usage Based Insurance Program and, in certain situations, when your Policy under the Usage Based Insurance Program is renewed for the first time as described below in this Usage Based Insurance Overview section, and (b) when you have subscribed to the SMARTtrek® Program (described below) and the SMARTtrek device is installed in your insured Vehicle and activated, as explained further below. The availability of the participation discount and, if available, individual savings may vary and are not guaranteed. To find out about the availability of the participation discount for you, please contact us at 800-814-4684, Monday – Friday, 8 am to 10 pm, Eastern Time, or contact your insurance agent. The second discount, if available, is a safe driving discount based on a vehicle safe driving score developed using “Driving Data” (defined below) for when, where and how the enrolled Vehicle was driven collected through the SMARTtrek device installed in your insured Vehicle.
Both the participation discount and the safe driving discount are applied at the vehicle premium level – a vehicle-level discount that applies to a portion of the premium attributable to the Vehicle assigned to the SMARTtrek device depending upon the optional coverages included in your Policy. These discounts do not apply to all coverages on your Vehicle and, therefore, may not apply to your entire premium. If you have multiple vehicles on your Policy, you may obtain a SMARTtrek subscription for some or all of them and the participation discount, if any, and, if applicable, the safe driving discount, would apply to each Vehicle that is enrolled in the SMARTtrek program. The safe driving discount is only available after you have received the participation discount, if available, under your Policy for your Vehicle. Any participation discount applied during your initial policy term under the Usage Based Insurance Program and your potential safe driving discount earned at renewal are separate discounts – they do not both apply to your Policy premium at the same time.
Usage Based Insurance Program Requirements
The participation discount, if any, is applied immediately to the premium owed under your Policy at the time you initially have a Policy from the Company under the Usage Based Insurance Program and, in certain situations described above in the Usage Based Insurance Overview section, when your Policy is renewed for the first time under the Usage Based Insurance Program.
The discount, if available, is conditioned on you: (1) subscribing to SMARTtrek by accepting Company’s SMARTtrek Program Subscription Terms and Conditions; (2) agreeing to these Terms and Conditions; and (3) complying with both the SMARTtrek Terms and Conditions and these Terms and Conditions. If at any point during your participation in the Usage Based Insurance Program, if applicable) you do not meet the conditions and requirements described above in these Terms and Conditions, your participation discount may be removed, and you will owe us additional premium in the amount of the discount initially applied. If your participation discount is removed, you must terminate your SMARTtrek subscription, and return the device to Company or pay a non-return fee, to the extent permitted by applicable law.
The following are requirements under these Terms and Conditions:
We will use the Driving Data that we receive for analytical purposes. We will also use the Driving Data to underwrite and develop a renewal offer for your Policy, if a discount is available, and for other purposes described in our Usage Based Insurance Program Privacy Notice Supplement and our general customer Personal Information Privacy Notice.
Ending Participation in the Usage Based Insurance Program
You can cancel your participation in the Usage Based Insurance Program at any time by notifying the Company or your insurance agent. Your Policy information will be updated and your premium rate adjusted accordingly. If you cancel your participation in the Usage Based Insurance Program, you are not required to cancel your Policy but your SMARTtrek subscription will be cancelled and you must return the telematics device to us. A Vehicle that has been withdrawn may be permitted to re-enter our Usage Based Insurance Program.
We will not disclose or use the Driving Data collected via the SMARTtrek device to resolve any claims you or another driver of your Vehicle may make with us unless either (1) you (e.g., at least one of the insureds under the Policy or the Vehicle owner) have authorized us in writing to use the Driving Data or (2) the Driving Data must be disclosed to a third party as required by law or order of court. For example, if a court orders the disclosure of the Driving Data in connection with a lawsuit involving an automobile accident, then we will be required to give the data to the third party.
We may need to provide the Driving Data to insurance regulators to support rate or other insurance related filings, or during the course of a market conduct exam. However, should we do so, individually identifiable information does not become part of any public record without the permission of a state agency, such as a Department of Insurance, or a court order.
We may periodically send you reminders and other information by email and/or phone while you are participating in the Usage Based Insurance Program.
We may change and modify these Terms and Conditions from time to time and at any time. Modifications to these Terms and Conditions can be viewed by logging into your policy through MyPolicy. Continued participation in the Usage Based Insurance Program will constitute your acceptance of any revisions to these Terms and Conditions. Please check MyPolicy regularly. In addition, if required under applicable law, notice will be provided to you in advance of the effective date for the change(s) in accordance with applicable law.
By acknowledging these Terms and Conditions, you agree that you will inform anyone you permit to drive the Vehicle about the proper use of the installed SMARTtrek device and that the Company and/or other third parties will have access to their driving behavior data/Driving Data.
CSAA Insurance Group
CSAA Insurance Exchange
CSAA General Insurance Company
CSAA Fire & Casualty Insurance Company
CSAA Affinity Insurance Company
CSAA Mid-Atlantic Insurance Company
CSAA Mid-Atlantic Insurance Company of New Jersey
The version date of this document is June, 2017.
SMARTtrek® Program Subscription Terms and Conditions
CSAA Insurance Group, a AAA Insurer
These SMARTtrek Program Subscription Terms and Conditions (“SMARTtrek Subscription Terms”) are offered to you (“You” or “Your”) because You have decided to participate in Company’s Usage Based Insurance Program (the “Usage Based Insurance Program”) through your purchase of a AAA Insurance with SMARTtrek policy (“Policy”) from CSAA Insurance Group, a AAA insurer. The CSAA Insurance Group consists of CSAA Insurance Exchange; CSAA General Insurance Company; CSAA Fire & Casualty Insurance Company; CSAA Affinity Insurance Company, CSAA Mid-Atlantic Insurance Company and CSAA Mid-Atlantic Insurance Company of New Jersey (the “Company,” “we,” “our,” and “us”).
As a participant in the Usage Based Insurance Program, you must enroll in the SMARTtrek Program (described below). Once enrolled, as a participant in the SMARTtrek Program, You will receive a SMARTtrek device (each, a “Device”) for each vehicle You have insured under your AAA Insurance with SMARTtrek policy (each, an “Enrolled Vehicle”) and, upon installation by You, receive SMARTtrek services (the “Services”). The Device(s) in Your Enrolled Vehicle(s) will each collect and transmit information about how, when and where that Enrolled Vehicle is driven. You will receive the Device(s) after your acceptance of these SMARTtrek Subscription Terms (“Your Subscription”) between You and us. Please note that, in order for Your Subscription to become effective, and for You to participate in the Usage Based Insurance Program, You must also agree to the Company’s Usage Based Insurance Program Terms and Conditions, a separate agreement between You and Company.
You agree that (1) You are and will continue to be the owner or lessee of each Enrolled Vehicle; (2) You are aware of no reason You may not enroll each Enrolled Vehicle in the SMARTtrek Program (described below); and (3) all information provided by You in connection with Your Subscription is complete and accurate. You agree to promptly notify us if you cease to own or lease any Enrolled Vehicle and upon learning that any such information is inaccurate or incomplete
The SMARTtrek program (“SMARTtrek Program”) is offered by Company in connection with Your purchase from Company of a AAA Insurance with SMARTtrek automobile insurance policy under the Company’s the Usage Based Insurance Program. Company is providing the SMARTtrek Program in conjunction with Company’s partner and vendor organizations (your AAA Club and such organizations, other than Company, are referred to collectively as “Program Partners”). Prior to May 1, 2017, the provider of SMARTtrek Services was AAA Club Partners, Inc. (“ACP”). Effective May 1, 2017, ACP transferred the SMARTtrek Program to Company and, as part of that transfer, assigned to Company the earlier version of these SMARTtrek Subscription Terms for all active participants in the SMARTtrek Program.
While a Device for each Enrolled Vehicle is provided to You as part of Your Subscription, it remains the property of Company and/or one of Company’s Program Partners. Whenever Your participation in the SMARTtrek Program ends for any reason, You must return the Device(s) to us and, if you end the enrollment of a particular Enrolled Vehicle, You must return the Device provided for that Enrolled Vehicle to us. To return one or more Devices to us first call SMARTtrek Customer Care at 800-814-4684, Monday – Friday, 8 am to 10 pm, Eastern Time. We will send You a pre-paid mailer You may use to return the Device(s). If You do not return any Device in good working condition to us within 30 days after Your Subscription ends, You agree to pay our Device Non-Return Fee (currently $100) to cover the cost of each Device that has not been returned in good working condition (to the extent such fee is permitted by applicable law).
Some automobiles (principally older ones, diesels and hybrids) aren’t compatible with the Device or the SMARTtrek Program. If You suspect the SMARTtrek Device is causing trouble in one of Your Enrolled Vehicles, remove it immediately and contact SMARTtrek Customer Care at 800-814-4684, Monday – Friday, 8 am to 10 pm, Eastern Time or email us at AAACustomerSupport@SMARTtrek.com. To avoid Your incurring unnecessary charges by a repair facility, You should not take an Enrolled Vehicle for repair before receiving instructions from SMARTtrek Customer Care.
DESCRIPTION OF SMARTtrek PROGRAM:
Company will, from time to time offers various Services within the SMARTtrek Program, which may include the following telematics services and features:
We may change the Services included in the SMARTtrek Program from time to time.
Your Device(s) will be shipped to You along with Quick Start Guide(s) instructing You how to plug a Device into Your Enrolled Vehicle(s). It is Your responsibility to ensure that the Device is properly installed in each Enrolled Vehicle. If You need any assistance please refer to the Quick Start Guide or contact SMARTtrek Customer Care.
Enhancements or modifications to the Services may require the removal and replacement of Your Device(s) with other hardware. You agree to exchange each Device with other hardware provided by Company, and to return such Device to Company.
Each Enrolled Vehicle must be SMARTtrek compatible and have a working electrical system, includingadequate battery power, in order for the Device to operate appropriately. The Device continually draws a small amount of current from the battery, even when the Enrolled Vehicle is not turned on. Do not use a Device in vehicles that have old or weak batteries, or that may go extended periods without being started, since the Device may drain the vehicle’s battery.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE ON THE SERVICES IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. IT IS YOUR SOLE RESPONSBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER DRIVER OF AN ENROLLED VEHICLE) OPERATE THE ENROLLED VEHICLE SAFELY, MAINTAIN THE ENROLLED VEHICLE APPROPRIATELY, EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC AND OTHER APPLICABLE LAWS AND INSTRUCTIONS, WHEN OPERATING YOUR ENROLLED VEHICLE AND USING THE DEVICE AND SERVICES.
In order to provide You the Services, Company will collect information concerning when, where and how each Enrolled Vehicle is driven, as well as certain of its health. This information may be used and shared with third parties, including Program Partners, as described in Company’s Usage Based Insurance Program and SMARTtrek Program Privacy Notice Supplement and general customer Personal Information Privacy Notice (collectively, “Privacy Notice”). This Privacy Notice governs Your Subscription. Please read it carefully.
You understand and agree that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access the Services.
This provision describes when and how Covered Disputes (as defined below) may be arbitrated. A “Covered Dispute” is any claim, dispute or controversy involving You and us (1) where the amount in controversy is $25,000 or more, and (2) which in any way arises from or relates to Your Subscription, to the Device and/or to Company’s provision of Services hereunder, and (3) as to which a party, at any time before such party has filed a complaint or a responsive pleading with any court, by giving written notice to the other party, has elected to treat as a Covered Dispute to be resolved by arbitration in accordance with this provision. A Covered Dispute includes not only initial claims, but also related counterclaims, cross-claims and third-party claims, and includes claims whether based in contract, tort, fraud and other intentional torts, whether at law or in equity, including any claim for injunctive or declaratory relief; disputes based on constitutional grounds or on laws, regulations, ordinances or similar provisions; and disputes about the validity, enforceability, arbitrability or scope of this or any other provision of Your Subscription.
If You and Company choose arbitration as a method to settle any Covered Dispute, then such election will be binding on the other party and (1) the Covered Dispute will be decided by a single arbitrator sitting within the state in which you reside pursuant to the rules of the American Arbitration Association and not in a court (2) the determination of the arbitrator shall be binding on the parties, and (3) discovery and rights to appeal are limited by the rules of the American Arbitration Association.
You hereby irrevocably waive Your right to participate as a representative or member of a class action in which Company is or becomes a defendant, and You agree that You will not join any claims You have or may hereafter have against Company with the claims of any other person or entity.
You acknowledge and agree that Company (or one or more third parties, including Program Partners) owns the Device(s) and all patent rights, trademark, copyrights and other intellectual property rights embodied or used in the Device(s) or in providing any of the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that You do not obtain any ownership interest in any of the foregoing by virtue of Your Subscription. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within a Device. You agree that in using the Services, You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You will not attempt to reverse engineer or tamper with a Device.
AUTHORIZED USE AND LIMITATIONS:
Company gives You a limited, personal, non-assignable and non-exclusive right to use each Device and any software provided to You as part of the Device, or in connection with the Services (the “Software”) as hereafter provided. A Device and any related software may be used only for personal, household and family purposes and NOT for any business purpose whatsoever (such as, by way of example, management of a fleet of business vehicles). This limited right is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by Company, in the manner permitted by this Subscription. You may not use a Device or the Software in any other manner or for any other purpose. Without limiting the generality of the foregoing sentence, You may not (nor permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
After purchasing a new AAA Insurance with SMARTtrek policy, You will receive an email containing a link to our website, MyPolicy. After clicking on the link, You will land on your AAA Club’s website and will need to log into Your AAA.com account or register for a AAA.com account if You do not already have an account. After having completed registration, You may access the MyPolicy website from AAA.com/MyPolicy or Your AAA Club’s website by finding Manage MyPolicy or Manage My Insurance, usually under the Insurance tab, depending on Your AAA Club’s website. You may view Your available SMARTtrek information online through the MyPolicy website during your Subscription Period (as described in the Subscription Period paragraph below).
Certain SMARTtrek features are accessible through a link to Online Garage located on the MyPolicy website. Online Garage is a virtual “glove box” for customers to manage the care and maintenance of their vehicles and keep their information up to date. SMARTtrek daily driving and non-insurance vehicle health information will be there while the Enrolled Vehicle is connected. Use of MyPolicy is operated by Company and is subject to Company’s website terms of use and privacy policy. Online Garage is operated by one of Company’s business partners and is subject to the Program Partner’s website terms of use and privacy policy which you may view as displayed on the Online Garage website.
NOTE: The MyPolicy website is accessed through the website maintained by Your local AAA Club for the area in which You reside. Your AAA Club may require You to be a member of the Club in order to access the Club’s website and, therefore, MyPolicy. If Your local AAA Club has this requirement and you are not a member of Your local AAA Club, You will not be able to access MyPolicy or Online Garage in connection with Your SMARTtrek Services, and, therefore, You will not be able to view Your SMARTtrek Services information online If You have a question about whether Your AAA Club requires AAA membership in order to access its website, please contact Customer Care at 800-814-4684, Monday – Friday, 8 am to 10 pm Eastern Time.
You agree that You will not use or attempt to use the website: (1) for any purpose or in any manner that is any way unlawful or prohibited, (2) to transmit any unauthorized or unsolicited advertisements or other commercial communications, (3) to transmit any viruses, (4) to interfere with Company’s network services; (5) to gain unauthorized access to any of Company’s network services, or 6) to impair or limit Company’s ability to operate the website or any other person’s ability to access or use the website. You agree that You will only access or use information relating to You (and not to any other person) and/or Your Enrolled Vehicle. You agree that You will access the website at Your own risk. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE, SERVER AND THE INTERNET GENERALLY. You understand that neither Company nor its Program Partners can or does ensure continuous access to the website. Access may be interrupted due to technical limitations, such as heavy use and server malfunctions, or other circumstances such as maintenance. Company reserves the right to modify the website at any time without Your consent.
LIMITATION OF LIABILITY: (NOT APPLICABLE IN MONTANA)
YOU UNDERSTAND AND AGREE THAT COMPANY AND ITS PROGRAM PARTNERS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSS OF ANY KIND (INCLUDING, WITHOUT LIMITATION LOSS OF OR DAMAGE TO YOUR VEHICLE(S) OR ASSETS OR LOSS OF PROFITS, REVENUES OR DATA) CAUSED BY, RESULTING FROM, OR IN ANY WAY CONNECTED TO, YOUR USE OF (OR INABILITY TO USE) THE DEVICE(S), THE SERVICES, FOR ANY INTERRUPTION OF THE SERVICES, REGARDLESS OF CAUSE, OR YOUR RELIANCE ON THE WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE WEBSITE, EVEN IF COMPANY OR, A PROGRAM PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.
NO ACTION SHALL BE BROUGHT FOR ANY BREACH OF YOUR SUBSCRIPTION MORE THAN ONE YEAR AFTER THE EVENT CLAIMED TO CONSTITUTE SUCH BREACH, TO THE EXTENT YOUR AGREEMENT TO SUCH ONE YEAR TIME STATUTE OF LIMITATIONS IS PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING ANYTHING ELSE SET FORTH HEREIN, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND, EACH PROGRAM PARTNER EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
SPECIFICALLY, AND WITHOUT LIMITATION, COMPANY, ITS PROGRAM PARTNERS CANNOT BE HELD LIABLE FOR ANY FAILURE TO PROVIDE THE SERVICES RESULTING FROM ANY CIRCUMSTANCE OR EVENT BEYOND ITS CONTROL.
IF WE OR A PROGRAM PARTNER ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON OTHER THAN AS SET FORTH ABOVE, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US AND THE PROGRAM PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY, PROPERTY DAMAGE, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE REASONABLE REIMBURSEMENT FOR ANY DAMAGE TO YOUR VEHICLE WHICH IS PROVEN, BEYOND A REASONABLE DOUBT, TO HAVE BEEN SOLELY CAUSED BY THE DEVICE.
You understand, acknowledge and accept the following inherent technical limitations relating to the use of the Services:
(a) Wireless Network Coverage and Service. Complete coverage at all times is improbable. The existence of adverse conditions, such as short-term unpredictable meteorological effects and sky wave interference from distant stations, can interrupt data transmissions on which the Services rely at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty installation, motor ignition and other electrical noises and radio signals from external sources may also interfere with data transmissions and affect the Services. Company, its Program Partners or their respective service providers utilize wireless networks with broad coverage areas to access Your Device(s), but there are still areas within these coverage areas where wireless service is unavailable. Also, from time to time, poor coverage areas occur even in fully developed areas, thereby limiting system performance. Other wireless network environmental issues may affect the communications link between the Devices and Company’s Program Partners and/or Company.
(b) Global Positioning System. Each Device relies on the GPS System to obtain vehicle location information used in providing the Services. To obtain and use GPS location information, the GPS antenna in a Device must have a direct line of sight to the satellites. If this data path is impaired (e.g. underground parking lots or the shadow of tall buildings), it can affect the ability of a Device to recognize and record an accurate location which is needed for many of the Services.
(c) Tampering with a Device. If a Device is tampered with, disconnected or completely removed, the Device will not work to collect and transmit data. Those Services which depend on current transmission of Data by a Device (such as current vehicle location) will be unavailable, and historical information made available through the Services will become inaccurate and/or incomplete. Company reserves the right to charge You a $100 Device replacement fee if a Device is tampered with, becomes inoperable for any reason and needs to be replaced, to the extent permitted by applicable law.
(d) Security. The Devices and Services have many complex elements and are not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses or interceptors. You acknowledge and agree, and undertake to inform any users of the Devices and Services, that neither Company nor any of its Program Partners shall be liable for any lack of privacy or security resulting from use of Company’s SMARTtrek products or Services.
(e) Availability of Cellular Technology/Mapping. Services are based on cellular technology which may become obsolete in the future as a result of changes in wireless technology or actions by telecom providers or regulators with respect to cellular technology in mapping applications. In addition, the Services utilize maps that are published by third parties and these maps may be or become inaccurate and/or incomplete. Company assumes no responsibility for the accuracy or inaccuracy of any maps upon which the Services are based.
Company shall not be responsible for any failures of deficiencies of the Services resulting from any of the foregoing.
There is no fee for the Services during Your Subscription Period as described below.
Your Subscription term begins immediately upon Your acceptance of these SMARTtrek Subscription Terms and will continue in effect until the sooner to occur of (1) the end of the initial term of the automobile insurance policy You purchased under the Usage Based Insurance Program (either a 12 month or 6 month term) or (2) when You have been notified that the period of time to assess Your eligibility for a safe driving discount has ended (“Subscription Period”). Your SMARTtrek subscription and services will end at the end of the Subscription Period. After Your Subscription Period has ended, we will ask you to return the Device. If You do not plug-in the Device within 30 days after the effective date of Your policy, or do not drive the Enrolled Vehicle, we may ask You to return the device sooner. Once the device is removed from the Enrolled Vehicle, no further Driving Data will be collected from the Enrolled Vehicle. If Company wishes, it may ask you to continue Your SMARTtrek Subscription (and keep Device(s) installed in your Enrolled Vehicle(s) and if you choose to do so, Your Subscription Period will extend as advised by Company at the time.
Your Subscription may terminate early if (i) You cease to be a current AAA member, (ii) You cancel Your Subscription or your participation in the Usage Based Insurance Program, (iii) We terminate Your Subscription because of Your violation of these SMARTtrek Subscription Terms, or (iv) Your Enrolled Vehicle becomes incompatible with the Device.
Company reserves the right to change and modify these SMARTtrek Subscription Terms from time to time and at any time. Modifications to these SMARTtrek Subscription Terms can be viewed by logging into MyPolicy. Continued participation in the SMARTtrek Program will constitute your acceptance of any revisions to these SMARTtrek Subscription Terms. Please check MyPolicy regularly. In addition, if required under applicable law, notice will be provided to you in advance of the effective date for the change(s).
For questions about Your Subscription, SMARTtrek Services, or other issues, please call SMARTtrek Customer Care at 800-814-4684, Monday – Friday, 8 am to 10 pm Eastern Time.
If any term hereof is contrary to, prohibited by or deemed invalid under applicable laws or regulations, such term shall be deemed omitted to the extent prohibited or invalid but the remaining provisions of Your Subscription shall not be invalidated and shall be given effect so far as possible. Your Subscription is fully assignable by Company to any person or entity and shall inure to the benefit of such assignee or successor. You may not assign Your Subscription without the prior written consent of Company. The terms and conditions hereof shall govern the relationship between the parties. The provisions herein shall supersede any provisions, terms and conditions, or agreement entered into by You and Company with respect to the Services.
CONSENT TO CONDUCT BUSINESS ELECTRONICALLY/ELECTRONIC SIGNATURE:
Company may need/desire to send You communications from time to time. You agree that Company, on behalf of itself, and others, may send communications to You by e-mail at the e-mail address You have provided (which You warrant to be Your correct e-mail address) and/or make communications available to You by posting them on MyPolicy. You consent to receive these communications electronically. The decision whether or not to do business electronically is Yours. Your consent to do business electronically and Your agreement to do so cover all transactions You conduct with Company in connection with Your Subscription and/or the Services as long as You remain a participant in the Usage Based Insurance Program.
By agreeing to these SMARTtrek Subscription Terms (through electronic acceptance or signature), You agree to the terms and conditions in these SMARTtrek Subscription Terms. By accepting these SMARTtrek Subscription Terms electronically or signing a document manually agreeing and consenting to these SMARTtrek Subscription Terms, You are signing these SMARTtrek Subscription Terms. You agree that Your electronic signature or signature on a separate acknowledgement document is the legal equivalent of Your manual signature on these SMARTtrek Subscription Terms. By agreeing to these SMARTtrek Subscription Terms, You agree (on behalf of Yourself any other owner of the Enrolled Vehicle) to be legally bound by the terms and conditions in these SMARTtrek Subscription Terms. You further agree that, if signed electronically, Your use of a key pad, mouse or other device to select an item, button, icon or similar act/action which manifests Your acceptance of these SMARTtrek Subscription Terms constitutes Your signature to these SMARTtrek Subscription Terms to the same extent as if (1) SMARTtrek Subscription Terms existed in printed form, and (2) You indicated Your agreement by affixing Your signature in a space provided for You on the printed form to indicate Your acceptance.
The version date of this document is June, 2017.