Terms of Use
The data included in AAA Mobile®, including but not limited to points of interest, maps, addresses, driving directions and AAA roadside assistance contact information ("Application Data"), are provided for your personal use only. All other uses are strictly prohibited. Application Data are protected by copyright and subject to the following terms and conditions which are agreed to by you, the American Automobile Association, Inc. (AAA), Networks In Motion Inc. (NIM), and their other licensors (including their suppliers).
For Personal Use Only
The Application Data displayed by AAA Mobile are solely for personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Application Data only as necessary for your personal use to view it on your mobile device screen. You agree not to otherwise redistribute, reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Application Data, and may not otherwise transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
No Warranty
This Application Data is provided to you "as is," and you agree to use it at your own risk. AAA and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Application Data, or that the Application Data or server will be uninterrupted or error-free.
Disclaimer of Warranty
THE AMERICAN AUTOMOBILE ASSOCIATION INC., NETWORKS IN MOTION INC., AND ALL THEIR LICENSORS (INCLUDING THEIR SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability
THE AMERICAN AUTOMOBILE ASSOCIATION INC., NETWORKS IN MOTION INC., AND ALL THEIR LICENSORS (INCLUDING THEIR SUPPLIERS) SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF AAA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
Disclaimer of Endorsement
The American Automobile Association name, AAA and the AAA logo are trademarks of the American Automobile Association, Inc. and may not be used in any manner without the prior written consent of the American Automobile Association. The Networks In Motion name, NIM and the NIM logos are trademarks of Networks In Motion, Inc. and may not be used in any manner without the prior written consent of Networks In Motion. The Navigation Technologies name and logo, NAVTEQ, the NAVTECH and NAVTECH ON BOARD trademarks and logos, and other trademarks and trade names owned by Navigation Technologies Corporation may not be used in any commercial manner without the prior written consent of Navigation Technologies.
Export Control
You agree not to export from anywhere any part of the Application Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
Indemnification
You agree to indemnify, defend and hold AAA and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of this Application Data.
Entire Agreement
These terms and conditions constitute the entire agreement between the American Automobile Association, Inc., Networks in Motion, Inc., and their licensors and suppliers, and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Government End Users
If the NAVTEQ Data included in the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, the NAVTEQ Data is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with these AAA Mobile Terms of Use, and each copy of such NAVTEQ Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following "Notice of Use," and shall be treated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: NAVTEQ
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS:
222 Merchandise Mart Plaza, Suite 900, Chicago, Illinois 60654
This Data is a commercial item as defined in FAR 2.101 and is subject to the AAA Mobile Terms of Use under which this data was provided.
2007 NAVTEQ - All rights reserved.
Terms of Service
By using AAA Mobile and any data or information accessed from AAA Mobile, you agree to be bound by the following terms and conditions. For individual users, AAA Mobile and all data, including local search results, maps, driving directions and AAA roadside assistance contact center information, is made available for your personal, non-commercial use only. For business users, AAA Mobile is made available for your internal use only and may not be commercially redistributed.
Safe and Lawful Use of AAA Mobile
You agree to comply with the following when using AAA Mobile:
. Do not input destinations, or otherwise interact with AAA Mobile, unless your vehicle is parked in a safe location. Under no circumstances should you, as the driver, input destinations or otherwise manually interact with AAA Mobile while driving.
. Do not use AAA Mobile without first reading the user guide and all associated safety information guidelines.
. Observe all traffic laws and practice safe and defensive driving at all times.
. Use your own personal judgment while driving. If you feel that a route suggested by AAA Mobile instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, do not follow such instructions.
. Do not use AAA Mobile for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
. Arrange all wireless devices and cables necessary for use of AAA Mobile in a secure manner in your vehicle so that they will not interfere with your driving and will not compromise the operation of any safety device in the vehicle (such as an airbag).
Content Provided by Third Parties
The AAA Mobile service includes search results such as listings and related information provided by third parties. AAA makes no representations or warranties regarding the accuracy or completeness of the information provided by these third parties. Your use of third party content may be subject to additional terms that can be found in the Legal Notices section of the Terms of Use.
Map Information
Map information provided through AAA Mobile is intended for planning purposes only. You may find that construction projects, traffic conditions or other events may cause road conditions to differ from the map results.
You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing in map information, including photographic imagery. Geocoding data for map content in AAA Mobile is provided under license by Navteq North America LLC ("NAVTEQ") and/or other third parties, and subject to copyright protection and other intellectual property rights owned by or licensed to NAVTEQ. The use of this material is subject to the terms of a license agreement. You may be held liable for any unauthorized copying or disclosure of this material, and by using AAA Mobile you agree to make NAVTEQ a third party beneficiary of this agreement. Except where you have been specifically licensed to do so by AAA, you may not use AAA Mobile with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications.
Also, you may not use AAA Mobile in a manner which gives you or any other person access to mass downloads or bulk feeds of numerical latitude and longitude coordinates. If you are a U.S. government user, please see the "Government End Users" section of our Legal Notices in the Terms of Use.
Your Location
For AAA to provide services via AAA Mobile, the location of your mobile device must be sent from AAA Mobile to AAA. AAA will record this information only for use in providing services to you via AAA Mobile and for internal quality assurance purposes.
Your location is retrieved by AAA Mobile directly from the GPS unit in your wireless device only when you request it via the services provided by AAA Mobile. AAA Mobile does not provide AAA, or any other entity, a means to retrieve your location without your knowledge and consent.
Your location information is retained by AAA and NIM only for the purposes of delivering the services provided by AAA Mobile and for internal quality assurance measures. When you request AAA member Roadside Service, your location is made available to the AAA member roadside assistance call center strictly for use in directing the appropriate service personnel and equipment to where you are. This member roadside assistance location information cannot be retrieved for any other purpose by AAA or any other entity.
Availability of AAA Member Services
Member services, such as AAA Roadside Service, enabled by AAA Mobile are provided to you, as a AAA Mobile user, at the discretion of your local AAA Club. Please contact your local AAA Club for details on the availability and use of Member services.
Appropriate Conduct and Prohibited Uses
You agree that you are responsible for your own conduct and content while using AAA Mobile and for any consequences thereof. You agree to use AAA Mobile only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the AAA Mobile, you will not:
. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
. upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
. upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the Rights or have the permission of the owner to post such content;
. upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines;
. download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
. restrict or inhibit any other user from using and enjoying AAA Mobile;
. use AAA services for any illegal or unauthorized purpose;
. remove any copyright, trademark or other proprietary rights notices contained in or on AAA services;
. interfere with or disrupt AAA services or servers or networks connected to AAA services, or disobey any requirements, procedures, policies or regulations of networks connected to AAA services;
. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of AAA services or collect information about users for any unauthorized purpose;
. submit content that falsely expresses or implies that such content is sponsored or endorsed by AAA;
. create user accounts by automated means or under false or fraudulent pretenses;
. promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
In addition, AAA Mobile may not be used: (a) for or with real time route guidance (including without limitation, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), or (b) for, or in connection with, any systems or functions for automatic or autonomous control of vehicle behavior.
Termination
AAA reserves the right to terminate your subscription to AAA Mobile at any time if you do not adhere to the Terms of Use or Terms of Service.
You may terminate your subscription to AAA Mobile at any time by notifying your wireless carrier. Termination will become effective upon this notification.
Upon any termination of your subscription, AAA shall have no liability to you or any further obligations under this Agreement.
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