In-Drive Support Center: 1-888-270-0267
Stolen Vehicle Location Assistance: 1-888-519-4832
Congratulations on subscribing to Drive Safe and Save with In-Drive
automobile personal assistance and safety services (the "Service").
The specific Service that you will receive depends on the service
plan you have selected (the "Service Plan"). Available Service
Plans are described on the program website (the "Program Website").
You will be provided with equipment ("Equipment") for installation
in your vehicle (your "Vehicle") that is capable of receiving the
Service and transmitting data about your Vehicle's operation and
location, as well as other types of Vehicle and Subscriber Data (as
defined in Section 12 below). The Service is provided to you, the
Vehicle owner or lessee ("you" or "your") by HUGHES Telematics,
Inc. ("we," "us, "our" or "Hughes Telematics") through our
operations center and other facilities operated by our Service
Partners (as defined in Section 4 below). You may visit the Program
Website to: (1) find out more about your Service Plan, (2) modify
your Service Plan, (3) manage your account, (4) access vehicle and
driver information, (5) make payments, and (6) learn more about the
These Terms of Service describe the relationship and agreement between you and Hughes Telematics. State Farm Mutual Automobile Insurance Company, on behalf of itself, its subsidiaries and affiliates (collectively referred to herein as "State Farm") is hereby deemed a third-party beneficiary under these Terms of Service. In certain instances, State Farm may be a Service Partner of ours pursuant to these Terms of Service. These Terms of Service do not give you any rights against State Farm. However, as an intended third-party beneficiary hereunder, the protections set forth in these Term of Service, including without limitation, the disclaimers of warranties and limitations of liability set forth in these Term of Service, shall extend to State Farm.Your participation in the State Farm "Drive Safe and Save Program™ (the "Program")is subject to your agreement with State Farm with regard to applicable program rules and the use of your data for potential insurance discounts and other insurance services.
1. Binding Agreement
The initial term of your Service Plan shall commence on the date identified in your Service Plan, and shall continue for such period as is set forth in your Service Plan, and shall be non-cancelable during the first six (6) months of your participation in the Program.
2. Registering with Us.
To register you must have enrolled in the Program and completed the registration process on the Program Website. The Service is specific to the Vehicle you have registered with us, and the Equipment may NOT be moved from the registered vehicle to another vehicle without our approval.
3. Costs of the Service
i.) Service Rates
Your Service Plan describes the Service features that we will provide to you, the applicable charges for such Service features, and any optional features that may be available to you (and the prices there for) (the "Service Rates"). All Service Rates are subject to change upon notice, subject to your termination rights set forth in Section 11(ii). Furthermore, any Service upgrades, enhancements or updates that you request and that we may, in our sole discretion, provide to you upon such request, may be subject to additional fees or charges for which you shall be fully responsible. Service rates do not include charges for calls or text messages that may be sent to or from your personal mobile telephone(s) or other devices; the charges are your responsibility.
ii.) Taxes and Surcharges
Service Rates do not include certain taxes and surcharges that may apply to the Service. To the extent applicable, as determined by us in our sole discretion, in addition to Service Rates, we may charge for reimbursement of state and local sales taxes, surcharges for federal and state Universal Service Fund contributions, and state and local emergency service fees. Charges may also include a cost recovery surcharge. The amount of these surcharges may vary from time to time and by area, subject to your termination rights set forth in Section 11(ii). We may not provide advance notice of changes to these taxes and surcharges. Surcharges are typically assessed to help defray our costs (or the costs of our wireless service providers) incurred in complying with federal and state telecommunications regulations. In addition to all applicable Service Rates, you agree to pay all taxes and surcharges charged to you by us. The applicable taxes and surcharges will be added to your bill.
iii.) Payments, Payment Methods, and Your Payment Responsibilities
You are responsible for paying all amounts due on time and in full. All charges (including all Service Rates, taxes and surcharges) shall be paid in advance of the initial term and any renewal term. If you fail to timely deliver a cancellation or termination notice at least fifteen (15) days before the end of the then-current initial term or renewal term, then the Service will continue automatically and you will be charged for the next term, as set forth in your Service Plan, provided however that, unless otherwise permitted (or required) by law, rule or regulation, or unless you are registered for a monthly renewal period, we will provide you with thirty (30) days’ notice prior to such renewal to permit you to terminate your Service and not renew. To the extent a different period is required by law, rule or regulation, we will provide you with notice within such period. Absent a termination, if you have a valid and current form of payment on file with us, we will continue to automatically charge you in advance for the next term of Service. If your payment information has changed at the time your then-current term ends, you must arrange for payment to us or else we may discontinue the Service. We reserve the right to terminate or suspend the Service (in whole or in part) if your credit, charge or debit card provider, or financial institution, refuses a charge or debit from us or if such card or financial institution account has otherwise expired or been closed. Notwithstanding such termination, you are still responsible for any charges due at the time of such suspension or termination.
You hereby expressly consent and authorize us to: (1) verify, either ourselves or through third parties, your credit, charge or debit card information or financial institution information; (2) receive updated account information from the financial institution issuing your credit, charge or debit card, or hosting your account; (3) review your credit history and obtain credit reports to determine your creditworthiness; (4) charge all amounts for which you are responsible to the credit, charge or debit card account number or financial institution account you have provided. If we determine you are not creditworthy, we may refuse to extend credit to you, terminate the Service and cancel these Terms of Service.
You are responsible for paying directly to third parties, including emergency service providers, all charges for services furnished directly to you that are not expressly covered by your Service Plan (e.g., ambulance fees, etc.).
iv.) Disputed Charges
To request an adjustment if you think that there has been an error in any charge billed by us, you must notify us within sixty (60) days, or such longer period as required by law, after the charge is posted. If you do not contact us about the disputed charge within this time period, you agree that you have waived your right to dispute the charge and must pay all amounts due in full.
v.) Our Refund/Credit Policy
All payments (including, without limitation, any applicable Service Rates and activation fees) are non-refundable, except as otherwise expressly set forth in these Terms of Service.
We may in our sole discretion give a credit (the amount of which is determined by us in our sole discretion) for continuous Service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, as determined by us in our sole discretion, and if you notify us within seven (7) days of the continuous interruption. Any such credit shall constitute your sole and exclusive remedy for such failures, and you hereby waive and release us and our Service Partners from any further liability to you in connection therewith.
4. Our Service Partners
We work with many different companies, individuals and government entities to provide you with the Service. These service partners include, for example and without limitation, telecommunications providers, wireless service providers, public safety operators, emergency personnel, towing companies, vehicle manufacturers, distributors and dealers, equipment and software manufacturers, distributors, licensors, content providers, and any other person or entity who provides any service, equipment, content, feature or facilities in connection with the Service. These parties are collectively referred to in these Terms of Service as our "Service Partners." In the event any of our Service Partners imposes additional terms and conditions on the services it provides, such terms and conditions shall be conveyed to you and deemed part of these Terms of Service.
5. Limitations of the Service
i.) Our Coverage Area
The Service (or a portion thereof) may not be available in all areas and may only be available if your Vehicle is in a geographic area covered by the service network footprint (and within operating range) of one of our wireless Service Partners. Service is currently only available in the continental United States (including the District of Columbia), Alaska, Hawaii and Puerto Rico. The Service generally works using wireless communication networks of our wireless Service Partners and the Global Positioning System ("GPS") satellite network. The Equipment receives GPS signals and communicates with our response centers and those of our Service Partners through use of wireless and landline communications networks. The location of your Vehicle, particularly in remote or enclosed areas, may affect the availability and quality of the Service that we can provide to you.
ii.) Major Events and Acts of God
Various conditions beyond our control may prevent or delay us or our Service Partners from providing Service to you, or impair the quality of Service you or your Vehicle may receive. These conditions include, for example and without limitation, atmospheric, geographic, or topographic conditions (such as buildings, hills or tunnels), damage to or failure to maintain your Vehicle or the Equipment in good working order and in compliance with these Terms of Service or government regulations, failure, congestion or outages of utility or wireless networks (including interruption of cellular service), war, acts of God, natural disaster, inclement weather, labor strikes or other acts, forces or causes beyond our and our Service Partners’ control. In the event of any of the foregoing, we may, in our discretion, suspend or terminate the Service (in whole or in part) or terminate your Service Plan, without advance notice to you and without any liability. Further, we and our Service Partners are not responsible for any Service or Equipment failures, interruptions, delays or impairments due to these causes, and you are not eligible for any Service or Service Rate credit or refund (whole or partial) therefore [except to the extent set forth in Section 3(v)].
In the event of any regulatory, governmental or other legally compelled changes, or discontinuation or change of necessary telecommunications systems and services (e.g., if our wireless carrier terminates or restricts wireless services of the type used by your Equipment), we may, in our sole discretion, choose to terminate your Service or replace your Equipment.
iii.) Disclaimer of Warranties
NEITHER WE NOR OUR SERVICE PARTNERS WARRANT OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR AT ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR. NEITHER WE NOR ANY OF OUR SERVICE PARTNERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICE, (2) THE SERVICE, OR (3) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.
iv.) The Equipment
The Service is provided only if the Equipment is properly installed in your Vehicle and is in good working order. Additionally, your Vehicle must have a working electrical system, including adequate battery power, in order for the Equipment and Service to operate and function appropriately. The Service may not work if you attempt to modify the Equipment or add any equipment or software in or to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or Service.
The receipt of the Service may vary in different Vehicles depending on the electrical systems of the Vehicle and the version of Equipment or software in the Vehicle.
We use software in connection with the Service. As between you and us, we (or our applicable Service Partners) own all such software and you do not acquire any rights in such software, including any right to use or modify the software (other than in the ordinary course of your receipt and use of the Service hereunder). We may update the software contained in the Equipment from time to time. We may do this remotely without notifying you first.
v.) Certain Other Limitations of the Service including Emergency Services and Our Need for Your Cooperation
Certain of the features of the Service may require the assistance of our customer service representatives. In such cases, our customer service representatives will use commercially reasonable efforts to provide such features. However, you will need to call us and provide satisfactory identification before we will attempt to use any such features. You hereby agree that we may provide assistance to anyone who provides us with satisfactory identification of your account, and that we have no responsibility or liability for anything that may arise from our provision of assistance to any such individual who is not, in fact, authorized by you to use your account.
Our (or our Service Partners’) customer service representatives will use reasonable efforts to contact appropriate emergency personnel, such as police, fire department or emergency responders, for assistance when you request it or when the Equipment in your Vehicle signals for it, but neither we nor our Service Partners promise, nor can we or our Service Partners guarantee, that any such Service Partners will respond in a timely manner or at all. We will assume an emergency exists if our or our Service Partners’ call center(s) receive(s) a crash notification signal from your Vehicle. If applicable laws require an emergency to be confirmed before emergency personnel provide service, we will not contact emergency personnel in these areas until we hear your request for assistance or otherwise confirm that an emergency exists. YOU EXPRESSLY RELEASE US AND OUR SERVICE PARTNERS FROM ALL LIABILITIES AND LOSSES (INCLUDING PHYSICAL INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER IN AN EMERGENCY SITUATION.
Voice recognition software may be used in connection with the Service. This software recognizes many voices, accents, speech patterns and words, but neither we nor our Service Partners guarantee that such software will recognize all, or that it will work with, your voice or speech patterns some or all of the time.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE ON THE SERVICE IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER OCCUPANT OF YOUR VEHICLE) OPERATE YOUR VEHICLE SAFELY, MAINTAIN YOUR VEHICLE APPROPRIATELY, EXERCISE GOOD JUDGMENT, AND OBEY TRAFFIC AND OTHER APPLICABLE LAWS AND INSTRUCTIONS, WHEN OPERATING YOUR VEHICLE AND USING THE EQUIPMENT AND SERVICE.
6. Additional Limitations and Prohibitions on Your
Use of the Equipment, Service and Program Website.
You agree not to use the Equipment, the Service, any other service we may offer, or the Program Website, in any way that is illegal, fraudulent or abusive, including to harass, threaten, abuse, defame, or slander any individual or entity.
You agree that you shall use our emergency and roadside Service, if applicable to your Service Plan, only for actual emergencies and legitimate roadside assistance needs.
You may not use the Service in a manner that interferes with any other customer's use of our Service or our provision of our Service to our other customers. You agree you will not abuse or do anything to damage our or any of our Service Partner’s respective business, operations, services, reputation, employees, equipment, property or facilities. You further agree that you will not harass, threaten or use vulgar and/or inappropriate language towards any customer service representatives.
We and our Service Partners provide the Service, including the messages, data, information, content, or other material provided as part of the Service, for your non-commercial use only, and not for re-sale. Certain information you receive through the Service is the property of us or our Service Partners (or other third parties) and it may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections. You may not (or permit or cause any other party) to sell or resell or otherwise use it for commercial purposes, nor may you reproduce, copy, modify, make derivative works from or otherwise display or distribute it. These uses are expressly prohibited by these Terms of Service.
7. Lost or Stolen Vehicles; Sale of Vehicle or
Termination of Lease; Location of Vehicles
In the unfortunate event that your Vehicle is stolen or may be involved in an unlawful act, we and/or our Service Partners can try to help locate it after you provide us with satisfactory identification and we have confirmed that the police consider the Vehicle stolen or that it may be involved in an unlawful act. There can be no assurances that a thief will not disable the Equipment. Except as otherwise set forth herein, we generally provide location information about such vehicles only to the police. However, in cases of crises or emergencies, we may, in our sole discretion, elect to provide you with information about the general area of your Vehicle without police involvement. Neither we nor our Service Partners have any obligation to continue our attempts to locate your Vehicle after thirty (30) days from the time you first report it stolen or lost to us, and neither we nor our Service Partners can guarantee that we will be successful in finding your Vehicle. Neither we nor our Service Partners are required to try to find your Vehicle outside of a Vehicle theft scenario, i.e., for the purpose of locating any vehicle.
To ensure your safety in the event your Vehicle is recovered, the Service will not be intentionally terminated without express instructions from you to terminate the Service in such cases. Upon such an instruction, the Service will be terminated and you will be issued a refund equal to the value of any whole months remaining on your Service Plan that you have paid in advance. To the extent that the Service provides the ability to locate your Vehicle, such as a mobile application enabling you to locate your Vehicle, such an application should in no case be used by you to locate a stolen vehicle. Such investigations are for law enforcement to conduct.
You must notify us if you sell your Vehicle or end its lease. If you sell or transfer your Vehicle or terminate your lease and fail to notify us, you will remain responsible for all charges for any Service incurred in connection with such Vehicle. Further, it is your responsibility to remove the Equipment and return it prior to the transfer of your Vehicle. We may communicate with you about the Service by providing you with messages through the Equipment in your Vehicle. If you fail to notify us of a sale or transfer of your Vehicle or termination of your lease, we may continue to send messages or other information about the Vehicle or your account to the billing or email address currently on file with us. We are not responsible for any privacy-related damages you may suffer as a result.
The Equipment in your vehicle (as well as the Service) may provide us and our Service Partners with the capability of recording, storing, and transmitting certain Vehicle data, information and two-way communications (which may include, for example, Vehicle location information, as well as other types of Vehicle and Subscriber Data, as defined below). You expressly consent to, and hereby provide a release allowing, our and our Service Partners’ access, interception, retrieval, use and disclosure of such information, data or communications obtained through the Equipment or Service for purposes of facilitating the location and/or repossession of your Vehicle, for purposes of operation of the Program, or for other lawful purposes or reasons. You further agree and expressly consent that in conjunction with our and our Service Partners’ efforts to locate your Vehicle, we and they may create an electronic or other record of information, data or communications obtained through the Equipment and/or the Service as described herein.
8. Your Responsibilities for Insuring and
Maintaining Your Vehicle and for Other Important Matters.
The Service is provided to you as a convenience. However, the Service is no substitute for insurance. We are not an insurance company, and you should not consider the Service as insurance or rely on it to limit the potential for loss, theft or damage to your Vehicle or property. The payments you make for the Service bear no relation to your Vehicle’s value or that of any property you may keep in it, or the cost of any injury to or damages suffered by you. You agree that you bear sole responsibility for obtaining and maintaining appropriate and lawful insurance covering personal injury, loss of property, and other risks covering yourself, those who operate your Vehicle, your passengers and anyone else claiming any damages, and hereby release us from any such responsibility. No insurance company or insurer will be entitled to any right of subrogation against us or our Service Partners.
It is your responsibility to maintain your Vehicle and its systems (including the Equipment) in good working order and in compliance with these Terms of Service and all applicable laws.
9. Your Responsibilities for Those Who Use Your
Without limitation of anything herein, you are solely responsible for those who use the Service in your Vehicle, including to request services or to change, modify or terminate your account or Service, even if you later claim the use was not authorized. You will be responsible for any damages or other amounts owed by us or any of our Service Partners as a result of such use.
Neither we nor our Service Partners have any obligation to inquire about the authority of anyone using your Vehicle or other information that can be used to identify your account to request the Service for your Vehicle.
You are responsible for any changes to your account or charge you for any amounts authorized by a person who provides your authentication information that can be used to access your account.
10. No Ownership Rights in any Numbers or
You have no property right in any number or other address that may be assigned to you or to the Equipment in connection with the Service, and you confirm and agree that any such number can be changed from time to time.
11. Suspending; Terminating; Changing;
Transferring and Reactivating
Without limitation of any other suspension or termination (or other) rights expressly set forth in these Terms of Service:
i.) Suspension of the Service.
We can decide to suspend the Service at any time for any reason in our discretion, including for network or system maintenance, improvement, congestion, or failure or if we suspect your Service (in whole or in part) is being used for any unauthorized or inappropriate purpose, or for reasons unrelated to you or your account with us. If suspension or termination of the Service occurs for any reason, you acknowledge and agree that you may not be able to access the Service, including the emergency services.
ii.) Termination of Service/Termination Fee/Service Plan.
You may cancel the Service at any time by contacting your State Farm Agent or Hughes Telematics, Inc. through the In-Drive Support Center. Unless your Service Plan specifies otherwise or as otherwise expressly set forth in these Terms of Service, we will not refund any other amounts that you have paid in advance for any service. Such fees are non-refundable. In addition, in no event will we refund you for any one-time activation fees or transaction-based fees you have incurred.
UPON TERMINATION OF YOUR SERVICE FOR ANY REASON, BY YOU, US OR ANY THIRD PARTIES, YOU AGREE TO RETURN THE HARDWARE TO US OR BE SUBJECT TO A ONE HUNDRED DOLLAR ($100) SERVICE TERMINATION FEE.
After receiving any notice of an adverse pricing change (other than the addition or an increase of a tax or surcharge), you may cancel your Service Plan or agree to the change. If you cancel your Service Plan within thirty (30) days of the date of such a notice, we will issue you a refund equal to the value of any whole months remaining on your Service Plan that you have paid in advance (other than any payment that was included in the purchase or lease price of your Vehicle). If you do not cancel your Service Plan within thirty (30) days of such a notice, you will be deemed to have agreed to the change and it will become part of these Terms of Service between us.
Our ability to provide the Service and maintain its quality may be impaired when customers place illegitimate emergency, roadside assistance calls, place or initiate an abnormally high numbers of calls, send or receive unusually high numbers of messages, or repeatedly place calls of unusually high frequency or long duration, relative to typical usage by other customers for similar Service Plans ("Excessive Use"). In the event we determine this is Excessive Use, you will be given notice by email. Such Excessive Use suggests that the Service is being used in violation of these Terms of Service. If we determine in our sole discretion that such Excessive Use continues, we may terminate the Service.
Further, we reserve the right to issue a warning and/or to suspend or terminate providing to you the Service (in whole or in part), or your access to the Program Website, at any time and for any reason in our sole discretion, including if you breach these Terms of Service, or any other applicable agreement or policy, or if we suspect your Service or Equipment is being used for any unauthorized or inappropriate purpose, even for reasons unrelated to you or your account with us, or for any other reason in our sole discretion. If we elect to terminate your Service (in whole or in part) as a result of your breach of these Terms of Service or unauthorized use of the Service or Equipment, you will not be entitled to any refunds or credits.
iii.) Reactivation of Service.
You do not have any right to have Service reactivated and we are under no obligation to do so, even if you cure the issues that resulted in the termination of your Service. It is solely in our discretion whether to allow you to have Service again. You also may be assessed a fee for reactivating the Service.
iv.) Transfer of Service.
You have no right to transfer the Service to another Vehicle or to another person without our prior consent. If we consent to such transfer, you shall be able to transfer the balance of the period remaining on your Service Plan that you have paid for in advance. Prior to transferring the Service to another Vehicle as consented to by us, you must meet all requirements for receiving the Service with the new Vehicle.
v.) Authority to Terminate, Change or Transfer the Service/Service Plan.
We will only accept requests from you (or from someone we believe is you, or someone with your authorization, such as your authorized agent) to activate, cancel, change, reactivate, or transfer the Service. We will assume that anyone who provides your authentication information or supplies your credit, charge or debit card number is authorized to act in your behalf (even if such individual, in fact, has no such authorization).
12. Collection and Use of Your Vehicle and
We and/or our Service Partners may collect, intercept or obtain Vehicle and Subscriber Data from and/or about you and/or your Vehicle in a number of ways, including (without limitation): (1) from the information you provide to us when you register for Service, (2) from your or your Vehicle’s receipt or use of the Service or Equipment (as applicable), (3) from your use of the Program Website or any websites of our Service Partners, (4) from you directly, through communications between you and us (or our Service Partners) or our (or their, as applicable) representatives, (5) from our Service Partners (or, in the case of our Service Partners, from us); and (6) from your Vehicle itself through the Equipment in your Vehicle and your use of the Equipment or the Service. Without limitation of the generality of the foregoing, (i) we and/or our Service Partners may intercept any wire, wireless, oral or electronic communications made or transmitted through the Service, at any time and for any reason, (ii) we and/or our Service Partners may retrieve, access and/or use any of the information (including, without limitation, location information) recorded, transmitted or otherwise obtained in connection therewith, at any time and for any reason, and (iii) you hereby consent to the foregoing and hereby expressly release us and Service Partners therefore. We and/or our Service Partners may share between and amongst us your Vehicle and Subscriber Data that we or they have collected or otherwise obtained, and you hereby expressly acknowledge and consent to such sharing.
To comply with appropriate legal process, including any rule, order, subpoena, national security letter or other request of any government entity, law enforcement entity or court, we and/or any of our Service Partners may disclose to law enforcement authorities or other legal or governmental representatives any Vehicle and Subscriber Data, including, without limitation, your name, Vehicle location, account history, account information, or other transmission data.
We and/or our Service Partners also may disclose to third parties any Vehicle and Subscriber Data necessary to respond to claims of violation of the rights of third parties, or to protect our rights and property (as applicable).
Without limiting the foregoing, you further expressly consent (1) to the acquisition and sharing of all Vehicle and Subscriber Data by and between Hughes Telematics and our Service Partners (and with their respective vendors) freely including but not limited to, State Farm, (2) to our and our Service Partners’ use of such data to perform and provide the Service, as well as for Supplemental Uses (as hereafter defined), and (3) to Hughes Telematics’ use of such data for purposes of internal research and improvement and development of telematics services. As used herein, "Supplemental Use" means the use of Vehicle and Subscriber Data for purposes other than as necessary to provide and maintain the Service and Equipment, including, as examples, the use of such data in connection with the Program, the use of such data for other purpose deemed appropriate by us, and the sale or other transfer of such data to third parties for purposes above and beyond the uses necessary to provide the Service, provided by the sale of such data to third parties, other than for use in the Program, shall only be on a depersonalized basis.
Because we provide the Service through wireless networks, your communications may be intercepted by others. We and our Service Partners, including, for example, telecommunications carriers and other wireless carriers, cannot and do not guaranty (and we and our Service Partners expressly disclaim) the security and privacy of wireless transmissions, and we and they will not be liable for any lack of security relating to the use of the Service by you or your Vehicle. You agree that you will not hold us or any Service Partners liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.
You acknowledge and agree that we and/or our Service Partners (either ourselves or themselves, or through our or their vendors) may record and/or monitor conversations between you and our (or their, as applicable) customer service representatives, emergency personnel, or the police, as well as your use of any of our (or their) automated services, for various purposes, including (without limitation), in order to assess, maintain or improve the quality of the Service, for issue resolution, training purposes, or to promote and provide the Service. Our customer service representatives (as well as those of our Service Partners, if applicable) may also remain on the line while conferencing in a third party to assist in completing a service request. You (for yourself and your Vehicle’s occupants and anyone else acting or using the Service on your behalf): (1) expressly consent to the monitoring and recording activities described herein, and (2) release us and our Service Partners from claims, liabilities and losses resulting in connection with any such monitored and/or recorded conversations as described herein.
We and/or our Service Partners may communicate with you by providing you with messages through the Equipment in your Vehicle, the Program Website, or to the billing or email address or other contact information for you that we have on file. We and/or our Service Partners may also use your email address to send you emails about products, specials and online promotions, which may be related to the Service or not. From time to time, we may also use your email address to send you information about selected third-party products, services or offers relating to our offerings or services that we think may be of interest to you. Each email you receive from us for offers will provide a link to unsubscribe to all future email offers from Hughes Telematics. If you do not want to receive emails about our offers or products or those of these selected third parties, you can also contact a Hughes Telematics customer service representative. Please note that even if you choose not to receive marketing emails from us, you may still hear from us regarding your Service, your account, your system status and any other Service-related issues and order status updates that will allow us to provide you with the optimal user experience.
We may also use your name, postal delivery information and phone number to contact you for various purposes (including marketing purposes).
You hereby consent to us and/or our Service Partners requesting and obtaining your current personal information (as defined by 18 U.S.C. 2725) from any state department of motor vehicles or any reseller of such information. Your consent is pursuant to 18 U.S.C. 2725(b) (13).
13. Dispute Resolution
YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTES IN THIS MANNER WITHIN A REASONABLE TIME PERIOD, YOU AND HUGHES TELEMATICS EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:
(1) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER WIRELESS INDUSTRY ARBITRATION ("WIA") RULES, AS MODIFIED BY THESE TERMS OF SERVICE. WIA RULES AND FEE INFORMATION ARE AVAILABLE FROM AAA. ARBITRATION IS NOT A COURT PROCEEDING. THE RULES OF ARBITRATION DIFFER FROM THE RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING;
(2) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST HUGHES TELEMATICS OR ANY OF OUR SERVICE PARTNERS, OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES OR PREDECESSORS IN INTEREST. IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY;
(3) NO ARBITRATOR HAS AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT. IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT. IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE (3) ARBITRATORS; AND
(4) IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND HUGHES TELEMATICS EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.
14. The Laws Governing Our Relationship
These Terms of Service and any disputes arising out of or relating to them or the Equipment or Service will be governed by the laws of the State of New York, wherever filed. Any complaint, arbitration or other legal action concerning these Terms of Service shall be interpreted under the laws of the State of New York and shall be subject to the jurisdiction of the courts of the State of New York. Complaints, arbitration or other legal actions involving California customers will be interpreted under the laws of the State of California, and will be subject to the jurisdiction of the courts of the California county in which the customer primarily uses the Service.
15. Limitation of Liability
BY ENTERING INTO THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICE, YOU ARE WAIVING IMPORTANT RIGHTS, AND ARE PROVIDING YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US AND OUR SERVICE PARTNERS (AS DESCRIBED HEREIN).
Neither we nor our Service Partners assume any risk or responsibility for your use of the Service, or any of the information or other content provided as part of the Service. You hereby acknowledge and agree that neither we nor any of our Service Partners are liable for dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third party, by buildings, hills, tunnels, network congestion, atmospheric conditions, act of God or natural disaster or by any other conditions or circumstances out of our control (as further described above in Section 5(ii) hereof).
In addition, neither we nor our Service Partners are liable (1) for our inability to contact any Service Partner or other party in any particular situation (including any emergency personnel), (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, dealers or manufacturers participating in offers made through us, or (4) for any damages that result from or arise out of the use, installation, repair or maintenance by you (or by any person you authorize) of the Equipment or Service, or any product or service provided by or manufactured by third parties.
IF WE AND/OR ANY OF OUR SERVICE PARTNERS 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 OUR SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PROPERTY DAMAGE, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED; PROVIDED HOWEVER, THAT WE WILL REIMBURSE YOU FOR ANY DAMAGE TO YOUR VEHICLE WHICH IS PROVEN, BEYOND A REASONABLE DOUBT, TO HAVE BEEN SOLELY CAUSED BY THE EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ANY SERVICE PARTNER WOULD HAVE AGREED TO PROVIDE THE SERVICE OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE EXCLUSIVE LIABILITY OF US AND OUR SERVICE PARTNERS.
IN NO EVENT SHALL WE OR OUR SERVICE PARTNERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER WE OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) ATTORNEY’S FEES. YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY.
You understand and agree that our Service Partners, including without limitation the wireless carriers, shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the Service and you hereby waive any and all such claims or demands. If any Service Partner is involved in any problem, you also agree to limitations of liability that such entity imposes on its customers.
16. Indemnification; Release
You agree to indemnify and hold harmless Hughes Telematics and each of our Service Partners, and each of our or their respective affiliates, officers, directors, agents, partners and employees, from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys' fees on account thereof) (collectively "Claims") irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages or injuries (including without limitation Claims for libel, slander, or any property damage, personal injury or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Vehicle) violation of these Terms of Service or your (or any occupant of your Vehicle) misuse or failure to use the Service or Equipment.
You agree that the limitations of liability and indemnities in these Terms of Service will survive even after your Service Plan has ended and your Service has terminated. These limitations of liability apply not only to you, but to anyone using your Vehicle, the Equipment or the Service, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to any Service we or our Service Partners provide or the Equipment.
WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO RELEASE US AND EACH SERVICE PARTNER FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICE AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF CAUSED BY THE NEGLIGENCE OF US OR ANY SERVICE PARTNER, OR THE MALFUNCTION OF THE EQUIPMENT. YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
17. Contact Information
You may notify us by postal mail (Hughes Telematics, Inc., 2002 Summit Boulevard, Suite 1800, Atlanta, Georgia 30319), or by electronic mail (via the Program Website). Such notices will be considered effective after we receive them. In particular, any written notice from you will be considered given when we receive it at our address provided in the preceding sentence.
Any notice we send you will be sent to your last known residence or email address as shown on our records. It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times. Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you. Any oral notices will be considered given when we call you or when you speak with a live customer service representative.
18. Miscellaneous Terms
i.) Entire Agreement.
These Terms of Service (including the Service Plan and any other document or policy incorporated herein) is the entire agreement between you and us. It supersedes all other agreements, communications or representations, oral or written, between us, past or present. We are not responsible for any statements, agreements, representations, warranties or covenants, oral or written, including, without limitation, any statements from third parties, concerning or relating to the Equipment or the Service provided to you pursuant to these Terms of Service or your Service Plan, unless such statements, agreements, representations warranties or covenants are expressly contained in these Terms of Service or your Service Plan.
ii.) Effect of Termination or Non-Renewal.
Even after your Service Plan has ended and unless it has been replaced by a new agreement expressly entered into by and between us, the provisions of these Terms of Service will continue to govern any disputes arising out of or relating to it. These Terms of Service will also be binding on your heirs and successors and on our successors. In addition to any other provisions identified herein as surviving termination or expiration of your Service Plan, the following provisions of these Terms of Service shall survive the termination or expiration of your Service Plan: Sections 4, 5, 6, 7, 9, 10 and 12 through 19.
iii.) Waiver; Severability.
No waiver of any part of these Terms of Service, or of any breach of it, in any one instance will require us to waive any other instance or breach. If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable.
iv.) Relationship Between Parties.
Notwithstanding anything else herein, these Terms of Service do not create any fiduciary relationships between you and us, or between you and/or any of our Service Partners. These Terms of Service also do not create any relationship of principal and agent, partnership, or employer and employee between you and us or between you and/or any of our Service Partners.
v.) Third-Party Beneficiaries.
Without limitation of anything else set forth herein, our Service Partners are intended third-party beneficiaries of these Terms of Service. No provision of these Terms of Service provides any other person or entity not a party to these Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights. You have no contractual relationship whatsoever with any of our Service Partners, and these Terms of Service do not give you any rights against any Service Partner. You are not a third-party beneficiary of any agreement between us and any of our Service Partners. None of our Service Partners has any legal, equitable, or other liability of any kind to you under these Terms of Service. You hereby expressly waive any and all claims or demands for such liability.
We can assign these Terms of Service, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion.
You agree to comply with all applicable trade regulations and export control laws both domestic and foreign. The Equipment and the Service, and any underlying information accessed or transferred by you using the Service may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. S 2401, et seq.) and the Export Administration Regulations (50 C.F.R. S 730-774), as well as the import regulations of other countries. You agree not to export or re-export any such Equipment, software or information to any foreign country. Any information transferred by you using the Service or the Equipment to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
HTI's primary goal in collecting personal information is to facilitate the provision of Drive Safe and Save with In-Drive services and fullfil our obligations to you, to State Farm and its affiliates ("State Farm") and to any other service partners. Providing both convenience services as well as safety and security services, including crash detection and stolen vehicle location services, and the Drive Safe and Save with In-Drive program, including various driving statistics, involves a commercial relationship between you and us, you and State Farm and us and our service partners. To fullfil these obligations we require certain personal information. For example:
Additionally, to provide the Drive Safe and Save with In-Drive services, HTI may collect various information about your driving behavior including but not limited to the following:
It is HTI's policy to use the information we collect from you for purposes of delivering Drive Safe and Save with In-Drive services to you and to State Farm, or for other business purposes. HTI may also use your information for a statistical analysis of service usage, to improve our product offerings, to customize the Drive Safe and Save with In-Drive services.
To provide the Drive Safe and Save with In-Drive services, HTI shares your information with State Farm, roadside assistance providers, emergency service providers (e.g., 9-1-1) and other service providers (e.g., concierge services) for the purpose of delivering the Drive Safe and Save with In-Drive services to you. HTI may share information about activations of the services with State Farm. HTI also may share pertinent information with the authorities in case the stolen vehicle location assistance service has been requested. HTI may also provide aggregate statistics about Drive Safe and Save with In-Drive customers and related telematics service information to third-party vendors but these statistics will not include any personal identifying information. When required HTI may release information to comply with the law or orders of courts or other governmental authorities, or to enforce or apply the terms of our agreements with you. For example, HTI may be legally compelled to provide location data and other information to law enforcement agencies, pursuant to validly issued subpoenas.
It is your obligation to correct or update the information you provide upon activation of the Drive Safe and Save services when that information changes. You may modify this information by calling our Customer Service representative at 1-888-270-0267 or writing to the Hughes Telematics, Inc., Drive Safe and Save with In-Drive Customer Care Team, 2002 Summit Boulevard, Suite 1800, Atlanta, GA 30319.
HTI takes various precautions, including administrative, technical and physical measures to protect against the loss, misuse, and alteration of the information under our control. For example, depending upon the application, HTI employs the use of encryption technologies and user-authentication systems such as passwords and personal identification numbers. Similarly, information is stored under secure measures with access limited only to authorized HTI or State Farm employees. Although we take your privacy very seriously and we use industry standard practices to protect the privacy of your information, we cannot guarantee that your information will always remain private.
In providing Drive Safe and Save with In-Drive services to you, voice and data are transmitted between the response center and your Vehicle over wireless and cellular telephone networks. These networks are complex and not necessarily secure. Although it may be illegal for unauthorized people to intercept your calls or data, the privacy and security of conversations or data transmitted to and from the Vehicle cannot be guaranteed.
When you browse the Drive Safe and Save with In-Drive or HTI website, information is collected about your computer and your visit. In addition, data about your browsing may be collected as you interact with the Drive Safe and Save with In-Drive website, the HTI or State Farm websites or websites of our partners. This information does not identify you personally. HTI may collect and use your IP address and the website address of your point of entry to our sites, as well as other information about your connection, including your computer's browser and platform type and your Internet connection speed. We use this information to monitor statistics such as how many people visit our website; which pages people visit on our sites and how much time is spent on each page; which web domains our visitors come from and which browsers are used to visit our sites.
In addition, HTI may use "cookies" or other technologies on our website. Our use of "cookies" allows you to maintain your account login information between visits to the Drive Safe and Save with In-Drive website. It also better allows us to measure activity at the site and improve the user experience. HTI may use "cookies" or other technologies to tell us the time and length of your visit to the website. If you wish to disable or delete "cookies" from our website (or any other), please see your browser's help instructions and follow the procedures they provide. Please be aware that cookies may be required to complete certain functions on our and other websites, such as ordering services online.
By using Drive Safe and Save with In-Drive services, you agree to the practices and procedures described in this Policy. You also consent to HTI contacting you in your Vehicle or at your address, email address or phone number on file for the purpose of delivering Drive Safe and Save with In-Drive services to you and to discuss your account services, features and benefits. From time to time, we may also use your email address to send you information about selected products, services or offers we think may be of interest to you. Each email you receive from us for offers other than Drive Safe and Save with In-Drive services will provide a link to unsubscribe to future offers about that product. If you do not want to receive emails about our offers or products, just contact a Customer Service representative. Please note that even if you choose not to receive marketing emails from us, you may still hear from us regarding the status of the Drive Safe and Save with In-Drive services and any other service issues and order status updates that will allow us to provide you with the optimal user experience.
HTI or our partners or affiliates may also use your name, postal delivery information and phone number to contact you offline about products, services or offers that we think would be of interest to you. If you do not wish us to contact you offline please contact us.
By submitting your email address through this website and/or obtaining products and/or services through our websites, you agree to receive email marketing from us and our third-party advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Telemarketing Sales Rule, 16 C.F.R. § 310 et seq., as amended from time to time (the "TSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's or a State's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the TSR or such States' laws, rules and regulations. Moreover, by registering with, or requesting information from, a partner or affiliate, such action constitutes a purchase, an inquiry and/or an application with the respective partner or affiliate for purposes of the TSR and you may be contacted via email, direct mail and/or telemarketing by such partner or affiliate in accordance with the TSR.
As in any business venture, the sale, merger or declaration of bankruptcy of the company is always a possibility. Should we ever declare bankruptcy or should our assets ever be acquired by or merged into another organization, all customer information we have collected will be treated as an asset and may be transferred to a third party.
The Drive Safe and Save with In-Drive or HTI website may contain links to other sites, including, among others, those of advertisers, other third parties and companies whose trademarks may appear on the Site. We are not responsible for the information collection practices or the content of the sites to which we link.
HTI welcomes feedback concerning this Policy. Please send your comments and questions to email@example.com; or 1-888-270-0267; or Hughes Telematics, Inc., Drive Safe and Save with In-Drive Customer Care Team, 2002 Summit Boulevard, Suite 1800, Atlanta, GA 30319.