Please carefully read this agreement ("Networkcar Terms and Conditions") that governs your use of the Networkcar device and your receipt of the Networkcar service ("Service") from Networkcar ("Networkcar," "we," or "us"). The Networkcar device and the Networkcar service are collectively referred to as the "Networkcar System").
1. Subject to these Networkcar Terms and Conditions, Networkcar grants you a non-exclusive right to use the Networkcar System and its software ("Software") provided to you as part of this Service for the purposes described in these Networkcar Terms and Conditions.
2. YOU UNDERSTAND THAT IT IS OUR POLICY NOT TO REFUND ALL OR ANY PART OF SUBSCRIPTION FEES PAID TO US.
3. As a part of the Service, Networkcar will periodically collect data from the Networkcar System installed in your vehicle (your "System Data") and provide this data in a usable form to you through a Web site located at: www.networkcar.com (our "Site"). Our Site offers you access to a number of services which may change from time to time but currently include: transmitting location-based Global Positioning System ("GPS") data to determine your vehicle's location (for emergency/roadside assistance and stolen-vehicle recovery); "Car GuardianTM" (a service that allows you or someone authorized by you to locate your vehicle using our Site); "Onboard Technician" (a service that informs you if your Networkcar System detects a potential problem with your vehicle and provides a summary of your vehicle's diagnostics as read by the Networkcar System); "Service" (a web page that displays your vehicle's service history); and "Recalls" (a service that alerts you to your vehicle's recalls as determined by the National Highway Traffic Safety Administration). Any changes to the Service will be posted on our Site.
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a. NOTICE: YOUR VEHICLE'S SERVICE HISTORY WILL APPEAR ON YOUR PERSONALIZED WEBSITE ONLY IF YOU PURCHASED THE NETWORKCAR DEVICE AND CONTINUE TO SERVICE YOUR VEHICLE FROM A NETWORKCAR AUTHORIZED DEALER. AN AUTHORIZED DEALER MUST HAVE A COMPATIBLE DEALER MANAGEMENT SOFTWARE SYSTEM.
b. NOTICE: IN ORDER TO USE THE SERVICE AND OUR SITE, YOU AGREE TO BE BOUND BY OUR WEB SITE PRIVACY POLICY AND WEB SITE TERMS AND CONDITIONS OF USE, BOTH OF WHICH YOU CAN ACCESS ON OUR SITE AND WHICH MAY CHANGE FROM TIME TO TIME. IF WE CHANGE OUR WEB SITE PRIVACY POLICY OR WEB SITE TERMS AND CONDITIONS OF USE IN ANY MATERIAL WAY, WE WILL NOTIFY YOU AT LEAST SIXTY (60) DAYS IN ADVANCE BY SENDING A NOTICE TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR NETWORKCAR ACCOUNT.
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4. Your System Data includes diagnostic and location-based data that is collected from your vehicle's Networkcar System and transmitted to a secure (as described in Section 8) website Automotive service providers, such as automotive dealers and mechanics (collectively referred to herein as "Dealers") and emergency/roadside assistance providers (collectively referred to herein as "Roadside Assistance Providers") may use this data as follows:
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a. Your Dealer may analyze vehicle diagnostic information from your System Data to: (i) provide you with email updates, customer service telephone calls or other notification regarding your vehicle; (ii) recommend that you bring your vehicle in for automotive service, tune-ups or repairs; and (iii) provide you with other vehicle-related services (collectively, "Dealer Services").
b. If you request Roadside Assistance Provider services, the Roadside Assistance Provider may use your data to determine your vehicle's location for roadside assistance or to track a stolen vehicle ("Location-based Services").
c. NOTICE: YOU ACKNOWLEDGE THAT NETWORKCAR IS NOT RESPONSIBLE FOR OR LIABLE FOR DEALER SERVICES OR LOCATION-BASED SERVICES.
d. NOTICE: YOUR PLAN INCLUDES FOUR ANNUAL COMPLIMENTARY SERVICE CALLS PER YEAR FOR A SPECIFIC VEHICLE CONTAINING A NETWORKCAR DEVICE. THE COMPREHENSIVE LIST OF ROADSIDE ASSISTANCE SERVICES IS BELOW.
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i. SERVICES PROVIDED BY ROADSIDE ASSISTANCE PROVIDER:
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1. TOWING
2. JUMPSTART
3. LOCKOUT
4. FLUID DELIVERY
5. TIRE CHANGE
6. WINCHOUT
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ii. RESTRICTIONS ON ROADSIDE ASSISTANCE
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1. THE ROADSIDE ASSISTANCE PROVIDER WILL ARRANGE FOR A MEMBER'S VEHICLE TO BE TOWED, AT NO EXPENSE TO THE MEMBER, TO A LOCATION NOT MORE THAN 25 MILES FROM THE SPOT WHERE THE TOW ORIGINATED. ANY DISTANCE IN EXCESS OF 25 MILES WILL BE PAID FOR BY THE CUSTOMER TO THE ROADSIDE ASSISTANCE SERVICE PROVIDER.
2. THE ROADSIDE ASSISTANCE SERVICE APPLIES TO THE VEHICLE WHICH HAS A NETWORKCAR DEVICE INSTALLED, NOT TO A NETWORKCAR CUSTOMER.
3. YOUR SERVICE INCLUDES FOUR (4) SERVICE CALLS PER YEAR. YOU WILL BE FULLY CHARGED BY THE ROADSIDE ASSISTANCE SERVICE PROVIDER FOR EVERY SERVICE CALL IN EXCESS OF FOUR (4) PER YEAR.
4. THE AMOUNT OF ANY ADDITIONAL SERVICE CALLS WILL VARY DEPENDING ON THE TYPE OF ASSISTANCE RENDERED AND/OR THE DISTANCE A MEMBER'S VEHICLE IS TOWED.
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5.
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a. IF YOU ARE PURCHASING THE NETWORKCAR DEVICE FROM AN AUTOMOTIVE DEALER, YOU EXPRESSLY CONSENT THAT, ON YOUR BEHALF, THE DEALER MAY TRANSMIT TO US ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION NEEDED TO REGISTER YOUR USE OF THE NETWORKCAR SYSTEM AND RECEIVE NETWORKCAR SERVICES (THE "SUBSCRIPTION DATA").
b. YOU GIVE NETWORKCAR PERMISSION TO OBTAIN YOUR AUTOMOTIVE SERVICE RECORDS FROM YOUR DESIGNATED VEHICLE DEALER.
c. YOU GIVE NETWORKCAR PERMISSION TO EXTRACT DIAGNOSTIC INFORMATION ABOUT YOUR VEHICLE FROM YOUR SYSTEM DATA AND PROVIDE THE DIAGNOSTIC INFORMATION TO YOUR DESIGNATED VEHICLE DEALER.
d. YOU GIVE NETWORKCAR PERMISSION TO PROVIDE LOCATION-BASED DATA TO OUR ROADSIDE ASSISTANCE PROVIDERS. For this application, you consent to Networkcar's disclosure of your location-based data to vendors associated with Networkcar, law-enforcement personnel and/or emergency service personnel to locate your vehicle or provide services based on its location. Optionally, you, a member of your family, or someone else authorized by you can use the data to track your own vehicle.
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6.
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a. NETWORKCAR, ITS PARENT, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES ("INDEMNIFIED PARTIES") SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSS, DAMAGES, OR COSTS WHATSOEVER THAT MAY RESULT FROM YOUR LOSS OF PRIVACY OR YOUR OR ANYONE ELSE'S USE OF THE LOCATION-BASED DATA.
b. Networkcar and the Indemnified Parties shall not be liable for the accuracy of any maps or mapping software used to display location-based data.
c. You understand that Networkcar's system uses wireless means to transmit the location-based data, and thus privacy cannot be guaranteed. Networkcar will use commercially reasonable efforts to protect the data and will treat it as described in Section 8.
d. Networkcar reserves the right to restrict your access to the location-based data if it is determined that it is being used improperly or in contravention of these Networkcar Terms and Conditions.
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7. WE WILL ONLY DISCLOSE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO OTHERS TO PROVIDE SERVICES AS DESCRIBED IN SECTIONS 4 AND 5 AND WHEN REASONABLY NECESSARY TO: (i) enforce or apply the Networkcar Terms and Conditions; (ii) defend against legal claims; (iii) protect the rights, property and safety of Networkcar, our customers, or others; (iii) respond to court order, subpoena, or other legal process; or (iv) notify law enforcement authorities of any activities that we, in good faith, believe to be unlawful.
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a. Vehicle Tracking. As described in Section 4, location-based data transmitted by your Networkcar System may be used by a Roadside Assistance Provider for purposes relating to roadside assistance or recovery of a stolen vehicle.
b. Aggregated Data. We may combine your System Data with that of our other customers to share in an aggregated, non-personally identifiable form with certain third parties, some of whom provide services to your Dealer, Roadside Assistance Provider or Networkcar. We may also compile your System Data and Subscription Data with that of our other customers to analyze for our internal purposes to improve the Networkcar System and our Service.
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8. Networkcar employs industry-recognized information technology to protect the security of the System Data, the Subscription Data and the Personally Identifiable Data that Networkcar collects from your vehicle. Our secure servers protect this information using password protection and advanced encryption, and we may use firewall technology for additional protection. Furthermore, all of the System Data, Subscription Data and Personally Identifiable Data we collect are protected against unauthorized access by physical security means. NOTICE:
IN ORDER TO USE THE SERVICES, YOU UNDERSTAND THAT NETWORKCAR'S SYSTEM USES WIRELESS MEANS TO TRANSMIT THE LOCATION-BASED DATA. NETWORKCAR WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE DATA. HOWEVER, YOU ACKNOWLEDGE THAT THERE CAN BE NO ASSURANCE THAT THESE SECURITY MEASURES WILL PREVENT THIRD PARTIES FROM INTERCEPTING DATA TRANSMITTED BY WIRELESS TRANSMISSION THROUGH A CELLULAR NETWORK.
9. A PIN, password or 'secret question' may be required to access the Software and location-based data described above in Section 7. You can change these at any time by contacting Networkcar or by accessing the Networkcar website. Failure to protect your PIN, password or secret question, or improper use of the same, may result in termination of the service. You acknowledge that you accept full responsibility for the use and protection of your PIN, Password, or secret question, and that Networkcar is not responsible if an unauthorized party uses these in any way. You also consent that vendors working with Networkcar (e.g., those providing roadside assistance) may use your PIN, password, or secret question, and accept full responsibility for any services performed or data that may be accessed resulting from using these constructs.
10. By becoming a Networkcar user, you agree that we may contact you by email and mail to invite your participation in surveys regarding your use, experience, enjoyment and acceptance of the Networkcar System and the Service.
11. You agree that you shall not (and you shall not allow a third party) to (i) decompile, disassemble or otherwise reverse engineer the Networkcar System or the Software; (ii) remove any product identification or other notices or trademarks on the Networkcar System or the Software; or (iii) modify the Networkcar System or the Software in any manner, including, modifying the Software or incorporating the Software into or with other software.
12. You agree to pay all fees due for the Networkcar System and Service, including applicable sales/use taxes, to your Dealer or Networkcar. Generally, you will pay your Dealer for the Networkcar System and the initial Service subscription plan fee. After that, renewal Service subscription plan fees will be paid directly to Networkcar. Credit card payments will be accepted under our then-current, applicable policies. IN CASE OF ANY SERVICE OR BILLING DISPUTE, YOU MUST NOTIFY US IN WRITING NO LATER THAN 60 DAYS AFTER THE DATE OF THE ALLEGED BILLING ERROR. FAILURE TO DO SO MAY WAIVE YOUR RIGHT TO FURTHER CONTEST THE DISPUTE. PLEASE INCLUDE YOUR ACCOUNT NUMBER AND A BRIEF SUMMARY OF THE DISPUTE. Notices may be sent to billing@networkcar.com or Billing Questions, Attention Customer Service, Networkcar, 4510 Executive Drive, Suite 315, San Diego, CA 92121.
13. Your right to use the Networkcar System and the Networkcar Service begins on the date that you sign the Networkcar registration form and lasts for the applicable term. After that, you may continue to use the Networkcar System and the Service by paying the applicable fees for the renewal Service subscription plan selected by you. The initial term and any renewal period are referred to as the "Term." YOU MAY NOT CANCEL THIS AGREEMENT, OR YOUR OBLIGATION TO FULLY PAY FOR THE NETWORKCAR SYSTEM AND SERVICE, DURING THE TERM. You may, however, transfer the Networkcar Terms and Conditions by returning your Networkcar System to your Dealer and following the procedures set forth below. Upon expiration or termination of the Networkcar Terms and Conditions, the provisions of Sections 5-16 shall survive. Networkcar, in its sole discretion, may immediately terminate your right to use the Networkcar System, to receive the Service and to have an account on our Site if you fail to comply with any term of the Networkcar Terms and Conditions, or have violated the law or the rights of Networkcar
14. Your Networkcar System transmits your vehicle's location and diagnostic information, and is associated with an account that includes personal information such as your name, address, telephone number, email address, username and password. If you wish to transfer the Network System to another vehicle owned by you, you agree to have it moved from one vehicle to another vehicle in accordance with the most recent deactivation/transfer policy posted on our Site. The policy, which may change from time to time, currently provides that you agree to have it moved from one vehicle to another vehicle by an authorized Networkcar dealer, notify Networkcar that you are transferring your Networkcar System and Service by calling Networkcar at 1-866-227-7323 and pay Networkcar's then-current, applicable transfer fee. The balance of your applicable subscription term will be transferred to the new vehicle. Please contact your dealer to determine the transfer and labor fee to be charged by your dealer. If you transfer your vehicle and Networkcar System to a "buyer" (e.g., someone who purchases your vehicle), you must also deactivate (stop) your Networkcar System and Service by calling Networkcar at 1-866-227-7323, but you will not be able to transfer the balance, if any, of your subscription term. This ensures that you do not have access to the buyer's location and diagnostic information. Networkcar will assume no liability arising from or related to any Service interruptions or your loss of privacy resulting from your failure to transfer or deactivate your Service according to Networkcar's transfer policies located at: http://www.networkcar.com/networkcar/pub/main. Your failure to properly notify Networkcar, may make you liable for any privacy claims resulting from your failure to deactivate or improper deactivation of the Service. Networkcar shall not be liable for any claims, loss, damages, or costs that may result from a third party's loss of privacy resulting from your failure to deactivate the service as described above.
15. Regarding use of the Networkcar System, you agree to comply with all applicable laws, statutes, ordinances, regulations, including but not limited to all applicable export laws, restrictions, national security controls and regulations of the United States and other applicable foreign agencies or authorities, and not export or re-export, or allow the export or re-export of the Networkcar System or any copy or direct product thereof or information or technology you obtain or learn pursuant to the Networkcar Terms and Conditions in violation of any such restrictions, laws or regulations.
16. The Software in the Networkcar System and any associated documentation that Networkcar provides to you is protected by copyright. Networkcar retains title to the Software and any associated documentation. You may not copy or otherwise use the Software and any associated documentation, in whole or part, except as permitted by the Networkcar Terms and Conditions.
17. This warranty gives you specific legal rights and you may have other rights which vary from state to state. Networkcar warrants that, at Networkcar's discretion, it will either replace or repair without charges the Networkcar System installed in your vehicle if this unit proves to be defective in material or workmanship within one (1) year from the date of installation, or, if the initial term of the Service is longer than one year, then within such longer period from the date of installation. Please contact your Networkcar Dealer in order to repair or replace your Networkcar System. You must provide a dated proof of purchase to Networkcar in order to have your Networkcar System repaired or replaced. Networkcar System and parts which have been replaced become the property of Networkcar and at the option of Networkcar may be removed or deactivated. INSTALLATION OR ATTEMPTED REPAIR BY ANY UNAUTHORIZED PERSON OR ENTITY WILL RENDER THIS WARRANTY NULL AND VOID. ANY NETWORKCAR SYSTEM THAT MALFUNCTIONS AFTER THE EXPIRATION PERIOD OF THE WARRANTY WILL BE REPLACED OR REPAIRED AT THE OWNER'S EXPENSE. IN THE EVENT THAT A NETWORKCAR PRODUCT PROVES TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP WITHIN THE WARRANTY PERIOD, THE PURCHASER'S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT AS PROVIDED ABOVE.
18. YOU ACKNOWLEDGE THAT THE NETWORKCAR SYSTEM IS A WIRELESS SYSTEM AND THAT NETWORKCAR CANNOT COLLECT DATA FROM THE NETWORKCAR SYSTEM ONCE IT TRAVELS BEYOND A CERTAIN RANGE. NETWORKCAR DOES NOT WARRANT THAT THE RECEIPT OF DATA FROM THE NETWORKCAR SYSTEM WILL BE UNINTERRUPTED, OR THAT THE TRANSMISSION OF DATA FROM NETWORKCAR TO YOUR DEALER OR OUR SITE WILL ALWAYS BE TIMELY. YOU ACKNOWLEDGE THAT NEITHER THE NETWORKCAR SYSTEM NOR THE SERVICE SHALL PREVENT AND/OR DETECT ALL VEHICLE PROBLEMS, GUARANTEE THAT YOUR VEHICLE WILL NOT BREAK DOWN OR GUARANTEE THAT YOU WILL NOT INCUR VEHICLE REPAIR BILLS. YOU ACKNOWLEDGE THAT THE NETWORKCAR SYSTEM SHOULD NOT BE USED IN LIEU OF A VEHICLE WARRANTY OR STANDARD VEHICLE MAINTENANCE. YOU ACKNOWLEDGE THAT THE NETWORKCAR SYSTEM DOES NOT DETECT FAILURES IN INTERNALLY LUBRICATED PARTS AND SYSTEMS NOT MONITORED BY YOUR VEHICLE'S COMPUTER. YOU ACKNOWLEDGE THAT IF THE LOCATION-BASED DATA OR LOCATION-BASED SERVICES ARE USED TO ATTEMPT TO LOCATE A VEHICLE (E.G. A STOLEN VEHICLE), NETWORKCAR DOES NOT GUARANTEE THAT THE VEHICLE WILL BE SUCCESSFULLY LOCATED AND/OR RECOVERED. IN THE EVENT THE NETWORKCAR SYSTEM OR THE SERVICE IS NOT ACTUALLY AVAILABLE OR IS NOT FUNCTIONING PROPERLY, WE SHALL HAVE THE RIGHT TO REFUSE TO PROVIDE A REPLACEMENT NETWORKCAR SYSTEM OR SERVICE. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE DATA AVAILABLE, DATA WE COLLECT FROM THE NETWORKCAR SYSTEM INSTALLED IN YOUR CAR MAY, AT TIMES, CONTAIN TECHNICAL INACCURACIES OR ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE NETWORKCAR SYSTEM AND THE SERVICE ARE PROVIDED BY US ON AN "AS-IS" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE NETWORKCAR SYSTEM AND THE SERVICE, AND THE DATA (INCLUDING ITS ACCURACY AND AVAILABILITY), SERVICES OR MATERIALS INCLUDED OR OFFERED AS PART OF THE SERVICE. The above warranty gives you specific legal rights, and you may also have other rights that may vary from state to state. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusions may not apply to you. Please contact Networkcar if you have any questions or need further information.
19. TO THE MAXIMUM EXTENT PERMITTED BY LAW NEITHER NETWORKCAR (INCLUDING THE INDEMNIFIED PARTIES), NOR OUR WIRELESS DATA COMMUNICATIONS SERVICE PROVIDER, SHALL HAVE ANY LIABILITY OF ANY KIND FOR ANY DAMAGES OTHER THAN ACTUAL DAMAGES DIRECTLY AND PROXIMATELY RESULTING FROM THE FAILURE, DELAY, OR NONPERFORMANCE OF THE SERVICE, OR WITH RESPECT TO ANY SUBJECT MATTER OF THE NETWORKCAR TERMS AND CONDITIONS. THE MAXIMUM COLLECTIVE LIABILITY OF NETWORKCAR AND OUR WIRELESS PROVIDER FOR SUCH DAMAGES SHALL BE LIMITED SOLELY TO ONE HUNDRED DOLLARS ($100). NEITHER NETWORKCAR (INCLUDING THE INDEMNIFIED PARTIES) NOR OUR WIRELESS PROVIDER SHALL HAVE ANY LIABILITY, DIRECT OR INDIRECT, FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, VEHICLE OR VEHICLE COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER COMMERCIAL LOSS) DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF YOUR INABILITY TO USE THE SERVICES OR EQUIPMENT OR SOFTWARE, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER SERVICES, FACILITIES, EQUIPMENT, OR SOFTWARE, WHETHER OR NOT PERFORMED OR PROVIDED UNDER THIS AGREEMENT, OR OTHERWISE RELATED TO ANY SUBJECT MATTER OF THE NETWORKCAR TERMS AND CONDITIONS, EVEN IF NETWORKCAR AND OUR WIRELESS PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. NETWORKCAR (INCLUDING THE INDEMNIFIED PARTIES) AND OUR WIRELESS PROVIDER SHALL HAVE NO LIABILITY, EITHER DIRECT OR INDIRECT FOR ANY LOSS OR DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR DATA TRANSMITTED OVER OR IN CONNECTION WITH THE SERVICES. ALL OF THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL BE EFFECTIVE REGARDLESS OF THE FORM OF ANY ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN. EXCEPT FOR PAYMENTS DUE HEREUNDER, NETWORKCAR (INCLUDING THE INDEMNIFIED PARTIES) AND OUR WIRELESS PROVIDER SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
20. You agree to indemnify, defend and hold Networkcar, the Indemnified Parties, agents and other partners (including Dealers and Roadside Assistance Providers), harmless against all third party claims, proceedings, demands and liabilities of any kind whatsoever, including legal expenses and reasonable attorneys' fees, arising out of or relating to your use of the Networkcar System or the Service, including but not limited to installation or failure to transfer your Networkcar System and Service and notify Networkcar of such transfer if you transfer your vehicle or arising from any breach of the Networkcar Terms and Conditions, and to pay all damages and costs awarded against Networkcar.
21. You agree that any legal action brought against us shall be governed by the laws of the State of Ohio, without regard to conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods. You agree that the sole jurisdiction and venue for any litigation arising from the Networkcar Terms and Conditions shall be an appropriate federal or state court located in Dayton, Ohio. We make no representations that the Networkcar System is appropriate for use outside the United States. Those who choose to use the Networkcar System outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Networkcar Terms and Conditions is held to be invalid or unenforceable, such provision shall be limited, modified to effect the intent of the parties, or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable. You may not assign the Networkcar Terms and Conditions or any rights granted hereunder (and any attempt assignment shall be void) without the prior written consent of Networkcar. The Networkcar Terms and Conditions may be amended only by a written agreement embodying the full terms of the amendment signed by authorized representatives of Networkcar and you. The failure of Networkcar to enforce at any time any of the provisions of this Agreement shall in no way be considered to be a waiver of such provision or excuse a similar subsequent failure to perform any such term or condition by you.
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