CarChief Terms and Conditions
Definitions
“Device” means each unique mobile device provisioned and active on the CarChiefTM network that allows the transfer of data from your motor vehicle to CarChiefTM’s systems pursuant to this Agreement.
“Services” may include, without limitation, Customer Alerts and Notifications, Vehicle Health and Maintenance based on which CarChiefTM services you select and Vehicle location tracking and reporting. The Services are accessed via the Portal.
“Portal” The Services are accessed via the Web referred to as the Portal
Term
Term: CarChiefTM will provide Services for a specific number of years from the Effective Date.
Vehicle Maintenance
Maintenance Tracker: This Device can track your mileage and DTC Codes to allow you to be notified by the Dealer when your vehicle needs routine service and maintenance (“MAINTENANCE TRACKER”). CarChiefTM will begin monitoring your vehicle immediately upon purchase, and any maintenance notifications will begin the earlier of 90 days after your vehicle purchase or after an additional 3,000 miles has been put on your vehicle after your purchase. Some notifications will only be sent during weekday business hours. This service is offered by Dealer, subject to the terms of your Agreement with Dealer for as long as Dealer maintains this functionality of the Device.
Assignability, Transferability, and Cancellation
Not Assignable: The Services described above are NOT assignable. If you sell your vehicle prior to the expiration of the applicable CarChiefTM service programs, you agree to immediately notify CarChiefTM. You agree these programs may then be permanently shut off with no reimbursement to you. You are not allowed to transfer the tracking programs to any other person for ANY purpose, and are not allowed (after you sell your vehicle) to access the tracking server.
Repossession of your Vehicle: In the event your vehicle containing a Device is repossessed, CarChiefTM Services will be promptly terminated and a prorata refund of purchase divided by remaining months on this contract, minus a $200.00 cancellation fee, will be sent to your lender.
Transfer of Devices: If you sell or trade your vehicle, you may transfer your CarChiefTM Device to your new vehicle. A $200 transfer fee will be charged to transfer the Device to another vehicle owned by you during the Term of this Agreement.
Non-Cancellable and Non-Refundable: Once the Device is sold to the Customer, the CarChief™ Services is non-cancellable by and non-refundable to the Customer. Notwithstanding the foregoing, CarChief™ may terminate the Services at any time upon notice to Customer.
Device Functionality
Services Geographical Area: Customer acknowledges that the Services are intended and made for exclusive use only within the continental United States (the “Area”). CarChiefTM makes no representation that the Services are appropriate or available for use in other locations outside the Area. As CarChiefTM bundles the wireless service within the Services, Customer may use the wireless service solely in connection with the Services within such service area of the applicable wireless carrier and will not otherwise misuse the wireless service (e.g., take the vehicle outside the wireless carrier service area or insert a SIM card, if applicable, into another device).
Device Connection: Customer acknowledges that CarChiefTM may not be able to provide the Services at all times due to reasons outside of CarChiefTM’s control, including if: i. the Device is not (A) connected to an appropriate power source or cellular network, (B) transmitting or receiving data or where data functionality is otherwise impaired, or (C) incorrectly installed in the vehicle or is not properly functioning; ii. the Device is not active on the CarChiefTM network or there is a failure of cellular networks or any hardware outside the reasonable control of CarChiefTM; iii. the operator of a vehicle with a Device has manually overridden the functioning of the Device; or iv. the vehicle driver identification function has not yet been completed. In addition, Customer may only use a Device with a compatible vehicle.
Battery Usage: Customer acknowledges that the Device uses a certain amount of current from the battery even when the vehicle is not turned on. Care should be taken in using the Device in vehicles that have old or weak batteries, or that may go extended periods without being started. Customer shall not use the Device or Services in or with motor vehicles with a modified engine, modified electronic control systems, or vehicles of any make, model or year that are not supported. Such use shall be deemed nonconforming and inappropriate use of the Services and in violation of this Agreement and the Services may not work. CarChiefTM will not be liable for nonconforming and inappropriate use of any Device or Service. CarChiefTM, in its sole discretion or at the instruction of the applicable wireless provider, may from time to time make additions to, deletions from or modifications to the Services and the equipment, software or communications facilities used to provide and receive the Services. CarChiefTM shall make commercially reasonable efforts to notify Customer upon adoption of such modifications, except that changes not materially affecting Customer’s use of the Services and minor changes may be adopted without providing notice to Customer. Continued receipt or use by Customer of the Services after any modification shall constitute Customer’s acceptance of any such modification.
Privacy and Data
Wireless Privacy: The airtime provider’s network has many complex elements and is not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses, or interceptors. You agree that Dealer and CarChiefTM shall not be liable to you for any lack of privacy or security related to the airtime provider’s network while the service is functioning.
Data: In the course of providing the Services, CarChiefTM may receive or collect data relating to the Customer vehicles in which a Device is installed or data related to the owners, operators and occupants of such vehicles, including without limitation, GPS information, vehicle speed, acceleration, hours of operation of the vehicle, vehicle identification number (VIN) and vehicle diagnostics information (collectively, “Collected Data”). Customer agrees that while Services are provided, and following the termination or expiration of this Agreement, CarChiefTM will have the right to: (i) use Collected Data in order to provide Services pursuant to this Agreement, including responding to comments and questions from Customer and implementing the Services; (ii) use Collected Data to conduct internal research and development activities, including further developing CarChiefTM’s services and products; (iii) disclose Collected Data to third parties providing services to CarChief and permit such third parties to use the Collected Data in connection with any CarChiefTM services; (iv) disclose Collected Data if required under applicable law, regulation or court order; and (v) use and disclose Collected Data to protect, investigate and deter against fraudulent, unauthorized, or illegal activity. Any use and disclosure of Collected Data by CarChiefTM shall be used in an aggregated fashion to ensure personally identifiable information of a specific Customer cannot reasonably be identified.
Vehicle-Related Consent: When a Device is installed in a vehicle pursuant to this Agreement, Customer is solely liable to ensure the vehicle is under its authority to receive such Services.
Customer Consent and Waiver: By executing this Agreement, Customer voluntarily consents for CarChief™ to perform periodic checks of the Vehicle’s location for the purpose of ensuring that the Device continues to function as intended and that the Device has not been tampered with, altered or destroyed. Customer voluntarily waives any privacy rights in accordance with this Agreement and expressly authorizes CarChief to perform the following additional Services:
i. Track the Vehicle’s location
ii. Alert the Dealer of the Vehicle location in the event Customer defaults on his/her financial lease obligations owed to the Dealer, thereby allowing Dealer to elect whether to repossess the Vehicle
iii. Disclose the Vehicle location to law enforcement officials pursuant to a valid Court-issued documents if the Vehicle is stolen.
Warranty
Vehicle Manufacturer Warranty: The vehicle manufacturer’s warranty is solely between you and the manufacturer. CarChiefTM is not responsible for any damage to your vehicle related to the CarChief™ Services, and you acknowledge that CarChiefTM is not compatible for use with every vehicle.
Device Warranty: CarChiefTM offers a limited warranty on Devices. If you believe the Device you received is defective, please notify CarChiefTM as soon as possible and provide sufficient detail to justify your claim. If a Device is determined to be defective in the reasonable discretion of CarChiefTM, a replacement (providing stock of the exact make/model/color/condition is available) will be offered if CarChiefTM is contacted within the specified warranty period noted below.
Warranty Term
| Device | Warranty Term |
|---|---|
|
Device (new) |
6 Months from activation of CarChief Services in Customer vehicle |
Exchanges (if applicable): CarChiefTM will only replace a Device that is defective, as reasonably determined by CarChiefTM in its sole discretion. This policy does not apply to breakage caused by Customer negligence or water damage. Once your return is received and inspected, your request will be promptly processed. If there is a problem with your order, please contact CarChiefTM at 1-888-635-7230.
If there seems to be a mechanical, electrical, or programming problem with your Device, DO NOT attempt to repair or try to unlock it yourself or take it to a third party for repair without first contacting the Dealer. Doing so will automatically void any applicable warranty. CarChiefTM does not reimburse you for third party repairs or purchases. CarChiefTM shall make all commercially reasonable efforts to ensure that the Device received is as described.
Portal
CarChiefTM Portal and License To Use: CarChiefTM shall make a web Portal and related documentation available to Customer for use in connection with the Services. CarChiefTM grants to Customer a non-exclusive, revocable, non-transferable and non-sublicensable right to use the Portal solely for use in connection with the Services while this Agreement remains in effect solely for Customer’s own purposes. The CarChiefTM Portal and related documentation are Confidential Information of CarChiefTM (excluding, for clarity, any data or content provided by Customer for use on the CarChiefTM Portal). All rights of CarChiefTM and its licensors in intellectual property not expressly granted to Customer are reserved by CarChiefTM and its licensors. Customer shall cease all use of the CarChiefTM Portal upon the expiration or termination of this Agreement.
Customer acknowledges and agrees that CarChiefTM owns all rights, title, and interest in and to the CarChiefTM Portal (excluding, for clarity, any data or content provided by Customer for use on the CarChiefTM Portal) and any derivative works thereof, and no license to the CarChiefTM Portal is granted to Customer by implication, estoppel or other than as expressly set forth in this Agreement. Customer agrees not to: (i) remove or modify any trademark, service mark, copyright or other notice of the CarChiefTM or its licensors’ proprietary rights; (ii) modify, make derivative works of, disassemble, reverse compile, reverse engineer, reproduce, or download any part of the CarChiefTM Portal, including any software or documentation to which Customer is provided access in connection with the CarChiefTM Portal; (iii) conduct any benchmark tests or performance tests of the CarChiefTM Portal without CarChiefTM’s prior written consent and participation; or (iv) sublicense, sell, rent, lease, transfer, assign, distribute, display, disclose, republish, make or permit time sharing or service bureau use or use for any unlawful purpose, or otherwise commercially exploit or make the CarChiefTM Portal, including any software of documentation to which Customer is provided access in connection with the CarChiefTM Portal, available to any third party.
Restrictions on Use of Services: CarChiefTM grants Customer the right to access and use the Services solely for your personal use while this Agreement remains in effect. No license rights are granted (whether by implied license or otherwise) to Customer, except as expressly provided in this Agreement, and CarChiefTM reserves all rights not otherwise expressly granted hereunder. Customer agrees not to, directly or indirectly, (a) copy, license, sell, redistribute, lease or otherwise transfer or assign the Services to any third party; (b) alter or permit a third party to alter any part of the Device or Services; (c) use or permit the use of the Services or any Device in the operation of any service bureau or time share services or for any unlawful purpose; (d) disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Services or any Device. Customer shall not use the Services or Device or provide access to the Services or Device to any person for any purpose prohibited by law. Customer agrees to notify CarChiefTM immediately in writing in the event any unauthorized access, disclosure, distribution, possession, alteration, transfer, reproduction, or use of the Services is found.
Limitation of liability: Customer acknowledges and agrees that as to any claim of whatever nature asserted against CarChiefTM that relates to the Services or this Agreement, the exclusive remedy of Customer is expressly limited to and CarChiefTM’s maximum liability regarding any CarChiefTM services, regardless of the form of the claim or cause of action (whether based in contract, infringement, negligence, strict liability, or other tort) shall be the total fees paid by Customer under this Agreement for the services performed by CarChiefTM that give rise to the claim or cause of action. To the fullest extent permitted by applicable law, CarChiefTM shall not be liable to Customer or any other party for incidental, indirect, special, exemplary, or punitive damages, including without limitation, any loss of use, loss of business, loss of profits or goodwill. In no case shall CarChiefTM be held liable for damages or injuries which are the result of negligent acts, failure to act or willful misconduct of Customer or any third party.
Indemnification. Customer will defend, indemnify, and hold CarChiefTM and its affiliates and their respective officers, directors and employees harmless from and against all claims, complaints, losses, costs, and expenses (including reasonable attorneys’ fees) (collectively “Claims”) asserted by third parties to the extent arising out of or in connection with (a) Customer’s use of the Services or any Device (and, for clarity, regardless of whether the Services or CarChiefTM’s breach of the Agreement or negligence contributed to such Claims), including tracking the Vehicle’s location by CarChief™ or the Dealer or disclosing the Vehicle location to law enforcement officials pursuant to a valid Court-issued document if the Vehicle is reported stolen, (b) any libel, slander, or infringement of copyright arising from the material transmitted using the Services or any Device; or (c) the combination, integration, or incorporation of the Services with a device, product or service not provided by CarChiefTM.
Device. Price includes installation of Device. The Device is refundable to the Customer’s lender, prorata to the months remaining in this Services Agreement, in the event of a Gap Insurance claim.
Modification. Terms of this Agreement are subject to change and effective upon posting on the CarChief™ website found at www.mycarchief.com.
Notices: All notices and other communications required or permitted hereunder shall be in writing and shall be mailed by certified or registered mail (return receipt requested), or overnight express air courier, charges prepaid, addressed as follows to CarChiefTM and to the address provided by Customer, and such notices will be deemed to be made when actually received:
If to CarChiefTM:
CarChiefTM
Legal Department
2939 16th Ave SW
Cedar Rapids, IA 52404
DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, CarChiefTM DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR, IMPLIED, REGARDING ANY MATTER, INCLUDING THE MERCHANTABILITY, SUITABILITY, ORIGINALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR SPECIFIC RESULTS TO BE DERIVED FROM THE USE, OF THE CarChiefTM SERVICES, SOFTWARE, OR HARDWARE PROVIDED UNDER THE AGREEMENT. CarChiefTM DOES NOT WARRANT ANY CONNECTION TO, TRANSMISSION OVER, OR RESULTS FROM THE USE OF ANY NETWORK CONNECTION, SERVICE, PRODUCT OR FACILITIES PROVIDED UNDER THE AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT CarChiefTM DOES NOT WARRANT THAT THE OPERATION OF ANY CarChiefTM SERVICES OR ANY FUNCTION CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, AND FAILURE TO PROMPTLY REPLY TO SERVICE NOTIFICATIONS GENERATED BY CARCHIEFTM MAY LEAD TO VEHICLE MALFUNCTION OR DAMAGE.
The CarChief™ Services are based on multiple expert sources of information, including without limitation, the vehicle manufacturer’s written recommendations listed in the vehicle manual and current best practices within the vehicle maintenance industry designed to extend the life of your vehicle. CarChief™ expressly disclaims any and all warranties related to the Services. CarChief™ is not liable under any circumstance for any omissions or incorrect data related to such Services,. No oral or written representation regarding such Services made by your Dealer employees shall create a warranty for any purpose or give rise to any liability of CarChief™ whatsoever.
Credit. For those participating CarChief™ Dealers who offer financing of leased vehicles, Customer acknowledges and agrees that he/she is free to obtain vehicle financing from another source that does not participate in the CarChief™ program, but if he/she elects financing offered by a CarChief™ Dealer, such a Device will be installed in the Vehicle.
Financing. If the Customer leases the Vehicle from the Dealer, Dealer may perform periodic checks of the Vehicle’s location for the purpose of ensuring that the Device continues to function as intended and that the Device has not been tampered with, altered or destroyed.
By signing the Agreement, Customer agrees that he/she has read and accepts these website terms and conditions and voluntarily waives any right to privacy regarding the location of your Vehicle and authorizes CarChief and the Dealer to periodically check the Vehicle location as part of the Services or in the event Customer defaults on his/her financial lease obligations owed to the Dealer, thereby allowing Dealer to elect whether to repossess the Vehicle, and to notify local enforcement officials pursuant to a valid Court-issued document if the Vehicle is stolen.