The following terms are the contract for the AAA Appointment Scheduling & Reminders Program (the “Service”). By subscribing or using the Service, you agree to these Terms and that you are entering into a legally binding agreement with the motor club through whom you requested an AAA appointment (“Club”) and the particular automotive facility with whom you made an appointment or received a Message (“Facility”) 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.
1. Definitions
• The Service is provided by email or internet-to-phone SMS 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”).
• “Club” is the Automobile Club of Southern California and its affiliated motor clubs, 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” 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.
• “Facility” is the individual automotive facility with whom you requested an appointment and/or with whom you received a communication (text or email) 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.
• “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 internet-to-phone SMS (Short Message Service), phone-to-phone SMS, and/or MMS (Multimedia Messaging Service) messages generated by an automated dialer to the mobile number you provided.
• “We,” “our,” “us,” and “provider” refer to the individual Facility and/or Club.
• “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 also includes authorization for Facility 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.
3. Your Consent to Receive Email Messages
• By providing your email address, you agree that the Service may include, without limitation, email messages sent by the Facility.
• You consent to receive these email messages from the Facility.
• If you do not consent, you must immediately cease using the Service and opt-out.
• 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.
4. Eligibility
• 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).
5. No Amendment of Existing Terms And Conditions
• These Terms apply in addition to any existing agreement 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.
6. 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 the Facility can stop sending Text Messages to your opted-in mobile number under the Messaging program you subscribed to. See Section 13 (Contacting Us) regarding how to best contact us.
7. 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.
• SMS and MMS Messages are 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.
8. Information
• You are being provided access to various types of information through the Service which may include, without limitation, appointment information (the “Information”), 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), and no warranties or guarantees, such accuracy or timeliness, are being made.
9. 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 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.
10. 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.
11. Privacy & Security
• Any Information provided by you directly to the Facility or to the Facility through the Club in association with the Service (e.g., when signing up for the Service) is governed by the respective entities’ privacy notice regarding their collection, use, sharing and protection of your information. Club’s notice is at https://www.calif.aaa.com/legal/privacy.html.
• You acknowledge that Messages are not encrypted and are delivered over public communication or similar facilities that are not under the control of Facility 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 the monitoring and recording of calls concerning your account or the Service. You agree that we may intercept and disclose any Messages 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 us 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.
12. 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.
13. 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: aaa-privacy@aaa-calif.com
• Via mail: P.O. Box 25001, Santa Ana, CA 92799-5001
• Via phone: 1-800-713-0003
14. 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 Service 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.
15. Limitations
• No Warranties
• WE SPECIFICALLY DISCLAIM 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 FACILITY’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. WE MAKE 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 DO WE 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.
• WE OR OUR 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
• We 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 us or our Content or Technology Providers.
• WE 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 RESULITNG 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 PARTY 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 FACILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED $100.
• IN STATES WHERE SUCH LIMITATIONS ON LIABILITY ARE NOT PERMITTED. OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW.
• Survival
• THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
16. Indemnity
• You agree to indemnify and hold us 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.
17. Assignment
• Subject to applicable law, we may assign all or part of our 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.
18. 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.
19. 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.
20. 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 chosen by Facility or Club, and waive any jurisdictional, venue, or inconvenient forum objections.
21. 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.
Text Messaging Programs
AAA APPOINTMENT SCHEDULING & REMINDERS PROGRAM
Additional terms to the Agreement.
Program Information
• This is a limited Text Messaging Program whereby internet-to-phone SMS or MMS Messages are sent by the Facility to your Device informing you of your appointment details including changes thereof and reminders of scheduled appointments.
Frequency
• You will receive a message confirming the details of your appointment including changes to your appointment and reminders of scheduled appointments. The number of messages will vary depending on the number of appointments scheduled, the time before an appointment and any change or cancellation of an appointment.
Subscription/Enrollment Information
• Sign up for this Program online by choosing the Text Message option from the AAA Appointment webpage, or verbally by providing your verbal consent to an agent.
Stop Information
• To stop receiving Text Messages for this Program, text any of the following non-case sensitive commands from your subscribed Device in response to the Facility’s Text Message.
• Stop
• Cancel
• Quit
• Unsubscribe
• End
You can alternatively, contact us via the contact information listed in Section 13; however, the above commands provide the quickest and most efficient method to stop receiving Messages.
You will receive a Message confirming your opt-out, and no future Messages under this Program unless you opt-in again.
Help Information
• Text Help to the Facility’s Text Message from your subscribed Device for additional information or contact the Facility directly or contact us via the contact information found in Section 13.
