Collision Assistance

Terms and Conditions

Welcome to Collision Assistance. These Collision Assistance Terms and Conditions (“Terms and Conditions,” “Terms,” or “Agreement”) contain the agreement between you, the registered vehicle owner, a MyHyundai subscriber, or any individual or entity that has received permission to utilize the foregoing Services for you, the registered vehicle owner, or a MyHyundai subscriber (collectively “you,” “user,” or “Customer”) and (i) Hyundai Motor America, including but not limited to its affiliates, parent company, intended beneficiaries, successors and assigns, and relevant Service Providers (collectively, “we,” “us,” “our,” or “Hyundai”) and any replacement vendors engaged by Hyundai to perform the services provided by any of its current vendors; (ii) Call Center Agents and their affiliates, successors and assigns; and (iii) any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing for the provision of Collision Assistance services (“Collision Assistance,” “Collision Assistance Services,” or “Services”).

If you submit information, use, accept offering, or otherwise access the Collision Assistance Services and its related services and software, including by downloading software applications or using websites to access these Services, you accept and agree to be bound by these Terms and Conditions.  If you do not agree, please stop using the Collision Assistance Services immediately.

You can contact us at any time by pressing the Hyundai Connected Services (“Bluelink”) button in your vehicle (if you are an active Bluelink subscriber) or reaching out as follows:

PLEASE READ ALL PAGES OF THIS AGREEMENT COMPLETELY BEFORE USING ANY COLLISION ASSISTANCE SERVICES AND KEEP A COPY FOR YOUR FILES. READ AND KEEP A COPY OF ANY ADDITIONAL COLLISION ASSISTANCE SERVICES DOCUMENTS OBTAINED BY YOU. PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES BINDING ARBITRATION, WAIVES YOUR RIGHT TO TRIAL BY JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES, AS SET OUT IN MORE DETAIL IN SECTION 13 (RESOLVING DISPUTES) BELOW.

1.       SERVICES

The Services constitute a technology platform within the MyHyundai application that enables users to submit certain vehicle collision and damage information (“Collision Information”) to generate an accident report (“Accident Report”).  You must have downloaded and installed the MyHyundai application via a compatible smartphone including accepting its Terms and Conditions in order to have access to the Services. 

This Accident Report will be submitted to the Collision Assistance’s service provider, CCC Information Services, Inc. (“CCC”), which will provide you with a listing of suitable repair facilities that are near the location of the identified collision.  You will select the repair facility of your choice to have the Accident Report shared with to facilitate the scheduling of diagnostic and repair services with the designated repair facility.

Please note that MyHyundai’s Collision Assistance feature is integrated with CCC’s platform to receive your submitted Accident Report information and to then identify suitable repair facilities that are located near the area where you reported the accident.  CCC, their subcontractors, and the network of offered repair facilities are referred to in this Agreement as “Service Provider(s).”  You understand and agree to receive transactional communications from or on behalf of these Service Providers during your use of Collision Assistance Services in order to process your Collision Assistance needs.  You will be able to access the Accident Reports within CCC’s platform for up to ninety (90) days following its submission.

Optional Vehicle Detection

GEOLOCATION DATA COLLECTION NOTICE:  The vehicle collects, stores, and transmits to Hyundai specific geolocation data.  If you are an active Bluelink subscriber, you will be given the choice to expressly opt in to sharing certain Bluelink telematic data to CCC, including vehicle detection data (“Vehicle Detection”).  Specifically, by opting into Vehicle Detection, you will allow Hyundai to send Automatic Collision Notification (“ACN”) data, including your vehicle’s geolocation, to CCC.  The purpose of CCC’s receipt of this data is for their ability to determine if the ACN data received indicates a potential qualifying vehicle collision occurred.  CCC would then send you a MyHyundai notification that alerts you of the Collision Assistance Services for submitting an Accident Report.  The use and sharing of the ACN’s geolocation data is for CCC’s system to source recommended repair facilities that are near the location where the ACN triggered as a seamless customer experience feature in the event you have been in a collision.  Please note that you will be given the option within MyHyundai to opt out of sharing the Vehicle Detection data to CCC at any time after you opted in to Vehicle Detection.  Whether you opt in or not to Vehicle Detection sharing will not restrict your ability to manually submit your own Accident Report.

2. USE OF SERVICES.

A. UTILIZATION. YOU CAN ONLY RECEIVE AND USE COLLISION ASSISTANCE SERVICES BY ACCEPTING THIS AGREEMENT.  SUBJECT TO APPLICABLE LAW, YOU MAY GAIN ACCESS TO THE COLLISION ASSISTANCE SERVICES BY CONSENTING TO THIS AGREEMENT, SUBMITTING YOUR COLLISION INFORMATION, AND ENGAGING WITH A REPAIR FACILITY OF YOUR CHOICE, OR WHEN YOU OR ANOTHER OCCUPANT OF YOUR VEHICLE USE THE COLLISION ASSISTANCE SERVICES OR ACCEPT ANY OF ITS BENEFITS INCLUDING ASSISTANCE FROM REPAIR FACILITIES ASSOCIATED WITH THIS SERVICE.  YOU CAN OPT IN TO VEHICLE DETECTION COLLISION ASSISTANCE ONLY IF YOU ARE AN ACTIVE BLUELINK SUBSCRIBER HAVING ACCEPTED BLUELINK’S SEPARATE TERMS AND CONDITIONS.  IF YOU DO ANY ONE OR MORE OF THESE ACTIONS TO ACCEPT, YOU ARE BOUND BY THIS AGREEMENT AND ANY LATER CHANGES OR AMENDMENTS TO IT AS PROVIDED FOR IN THIS AGREEMENT AS PERMITTED UNDER APPLICABLE LAW.

B. Duration. The Collision Assistance Services start upon your acceptance of this Agreement and continue until the Collision Assistance Services are discontinued by you, Hyundai or any Service Providers.

C. Your Cancellation Rights. You can cancel the Collision Assistance Services at any time by foregoing the submission of your Collision Information for the creation of an Accident Report or your engagement with any Service Provider repair facilities.  You also have the ability to opt in and out of sharing Vehicle Detection data within MyHyundai at any point after enrolling into Collision Assistance.

D. Our Cancellation and Suspension Rights. We may cancel Collision Assistance Services without cause. This means that we can decide to cease providing the Collision Assistance Services at any time and for any reason, even for reasons unrelated to you or your account with us.  Whether to reactivate Collision Assistance Services again will be entirely up to us.  We can also suspend your access for network or system maintenance or improvement, or if there is network congestion, or if we suspect your Collision Assistance Services are being used for any purpose that would allow us to cancel it.

3. CHANGES TO THESE TERMS AND CONDITIONS.  We can change these Collision Assistance Terms and Conditions at any time.  This includes changing any or all of this Agreement.  If any such change materially affects your rights under this Agreement, we will provide you with notice of such change, which may include by electronic mail.  We will notify you of any other non-material changes by publishing a notice of the change or a revised version of these Terms and Conditions via electronic email or in the mobile application.  YOUR CONTINUED USE OF THE SERVICES AFTER NOTIFICATION IS TAKEN AS YOUR ACCEPTANCE AND AGREEMENT TO THE CHANGES, AND YOU AGREE TO BE BOUND BY THE NEW TERMS AND CONDITIONS.  You can obtain a copy of the current Agreement by calling us or by pressing the Bluelink button in your Bluelink enabled vehicle and asking a Call Center Agent.

4. SPECIAL INFORMATION ABOUT SERVICE AND SYSTEM LIMITATIONS.

A. Availability.  Collision Assistance Services are only available in the 50 United States.  NOT ALL COLLISION ASSISTANCE SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL VEHICLES, AT ALL TIMES.  The area that you are driving in may affect the type or quality of service that we can provide to you.  Additionally, Vehicle Detection may not be fully available if the GPS system is not working or wireless network coverage is not available.  Certain programming limitations of the GPS system may impair our ability to determine the vehicle’s precise location.

B. Technology and Communications.  Certain Collision Assistance Services cannot work unless your vehicle is in a place where we have an agreement with a wireless service provider for service in that area, and you can access cellular service.  These services also cannot work unless you are in a place where the wireless service provider we have hired for that area has coverage, network capacity, and reception when the Collision Assistance Services are needed, and technology that is compatible with the Services.  Vehicle Detection capability that involves location information about the vehicle cannot work unless GPS satellite signals are unobstructed, available in that place and compatible with the Bluelink system as well.

C. Vehicle and Equipment.  The Collision Assistance Services are provided using a compatible smartphone containing the MyHyundai app via local communications.  YOUR SMARTPHONE MUST ALSO BE FUNCTIONING IN ORDER FOR THE COLLISION ASSISTANCE SERVICES SYSTEM TO OPERATE.  Vehicle Detection data are provided using an embedded telematics device installed in the vehicle which receives GPS signals.  THE VEHICLE HAS TO HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER) FOR VEHICLE DETECTION TO OPERATE.

D. Geography and Environment.  There are other problems we cannot control that may prevent us from providing Collision Assistance Services to you at any particular time or place, or that may impair your ability to use the Collision Assistance Services.  Some examples are hills, tall buildings, tunnels, weather, damage to important parts of the vehicle in an accident, or wireless network congestion.

E. Outside Our Control.  Hyundai is not responsible for any delay or failure in performance if such failure or delay could not have been prevented by reasonable precautions.  Additionally, Hyundai is not responsible if such failure or delay is caused by acts of nature, or forces or causes beyond our reasonable control.  Examples include public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties (regardless of cause), or equipment failures including Internet, computer, telecommunication or other equipment or technology failures.  As set forth in Section 9 below, Hyundai is not responsible for the unreliability or unavailability of CCC’s application or data streams that are utilized by MyHyundai to facilitate the Collision Assistance Services.  You understand and acknowledge that Hyundai has no control over CCC’s supporting platform and network that supports Collision Assistance.  Further, you understand and acknowledge that Hyundai has no control over the diagnostic and/or repair offerings that the repair facilities within CCC’s network provide related to your engagement with Collision Assistance Services.  You lastly understand and acknowledge that you are responsible for providing accurate and reliable information for Collision Services to properly provide you with properly qualifying repair facilities in your area.

5. SPECIAL NOTICES.

A. Software, Hardware and Equipment Updates.  The Collision Assistance Services involve server and application software that we may need to change from time to time.  We may do this remotely without notifying you first. It may also require device application updates, including mandatory updates, to mobile and wearable apps.  Such changes may affect or erase data you have stored via the Collision Assistance Services.  We are not responsible for any lost data.  You do not own the Collision Assistance Services on your device or website, or acquire any rights to use or modify the software on your own.  You agree to allow the updates described in this Agreement to be done remotely or by a dealership without notifying you.

6. SPECIAL INFORMATION AND AGREEMENTS ABOUT CERTAIN SERVICES

A. Daylight Savings Time.  Notifications and preferences set up via the customer web portal do not account for daylight savings time.  Based on your geographic location you may have to adjust your settings.

B. Default Notifications.  We may set default feature notification preferences at the start of your Collision Assistance Services.  The email address you provide during your MyHyundai enrollment will be used to provide you with relevant automated feature notifications. It is up to you to modify these notification preferences whether by operator, web, mobile app, in-vehicle app or phone.

C. Mobile and Wearable Apps.  We hereby grant you a non-exclusive, non-transferable license to download, install, and use the application to access the Services on your mobile or wearable device for your own personal, non-commercial use according to this Agreement.  This license is conditioned on your acceptance of all terms, conditions, policies, and notices accompanying the application or any of its content, including your agreement not to modify the content displayed in the application and to keep intact all copyright, Trademark, and other proprietary notices.  The contents of the application including, but not limited to, text, images, audio, video and biometric information and their arrangement as well as the underlying code, are the property of, or licensed by, Hyundai and are subject to copyright and other intellectual property protection.  All Trademarks, logos and service marks used in the application (collectively, “Trademarks”) are the property of their respective owners.  The Trademarks may not be modified, downloaded, copied, used or distributed except as an integral part of the authorized download, copy or transmission of the application.  Except as expressly stated here, we grant no other rights or licenses under any patents, Trademarks, copyrights, or other proprietary or intellectual property rights. Hyundai hereby reserves all rights to enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

You are prohibited to make any use of the application that (a) infringes any third-party intellectual property, publicity or privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, profane, false, threatening, pornographic, inappropriate or unprofessional, (d) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or (e) is otherwise tortious or criminal.  Subject to the foregoing, we do not generally make editorial determinations about your transmissions or any content you provide. However, we reserve the right to take any actions in our sole discretion to minimize our liability arising from your use of the application, or to preserve our relationships with our Service Providers.  We also retain the right to provide mandatory software updates to mobile and/or wearable devices that may limit or prohibit use of outdated versions of the mobile and/or wearable apps.  We will cooperate with any valid search warrants, judicial court orders or subpoenas directing us to disclose the identity of anyone posting any information or content that violates this Agreement.

D. Third-Party Devices and Applications.  Use of the application and Collision Assistance Services necessarily involves hardware, services, and applications that were not developed by and are not under the control of Hyundai, including but not limited to your device, your wireless service provider’s network, Internet browsers, email and SMS programs, dialers and other applications.  Hyundai and its Service Providers (i) do not guarantee that third-party hardware, services and applications will function correctly with this application, (ii) expressly deny any liability related to involvement and interaction with these third-party hardware, services and applications, and (iii) cannot guarantee and expressly disclaim liability for the above third parties’ privacy and security compliance including that related to conversations or data transmissions over the Internet or wireless network.

E. Local Laws.  Local laws may limit the use of certain features in the application.  It is your responsibility to be aware of local regulations that would result in restrictions on your use of the application.  Hyundai and its Service Providers expressly deny any liability for any violation of local law created by your use of the application.

F. Fees, Costs and Other Expenses.  The application requires a data network operated by a wireless service provider to function.  Your account with your wireless service provider is your responsibility and not the responsibility of the Collision Assistance services.  Depending on your data plan, you may incur charges from your wireless service provider for use of their network and/or for specific services, for example, making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs you incur as a result of your use of the application.

7. YOUR RESPONSIBILITIES

A. Passwords/PINs.  You promise to be fully responsible for the protection of your MyHyundai password/PINs.  Anyone who has access to your password or PINs may be able to access the Collision Assistance features and account, owners portal websites, mobile apps, and in-vehicle apps.  We have no responsibility for, nor obligation to inquire about, the authority of anyone using your password/PINs or other information that can be used to identify your account to request Collision Assistance for your vehicle.

B. Proper Use of the Services.  You are responsible for providing accurate and reliable information in order to allow for the proper use of the Collision Assistance Services.  You are responsible for ensuring safety and compliance with all regulations, ordinances and other laws applicable to your vehicle.  You promise not to use the Collision Assistance Services for any fraudulent, unlawful, or abusive purpose, or in any way that is not described in materials provided by us to you or that interferes with our provision of services to you or to our other customers.  You promise to notify us if you no longer have ownership or possession of the vehicle, including third-party sale, loss, or total damage to the vehicle.  You promise you will not abuse or do anything to damage our business operations, services, reputation, employees or facilities.  If you do any of these things, you agree to indemnify, defend, and hold us harmless from and against any and all costs, expenses (including attorneys’ fees), losses, damages, and other liabilities which arise from or in connection with a claim or demand that any third party makes against us which results in whole or in part from that use or misuse, or your actions or failure to act.

C. Safeguarding and Use of Others’ Information.  Certain information you receive through your Collision Assistance Services belongs to us or Service Providers and other third parties who provide it through us. It may be covered by one or more copyrights, Trademarks, service marks, patents, trade secrets or other legal protections.  You promise not to use any content you receive through Collision Assistance Services except as expressly authorized by us.  You cannot license, lease, sell, resell, have licensed, have leased, have sold or resold, or otherwise transfer or convey any of it or use it for commercial purposes.  You agree you will not copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it. Certain Service Providers impose further terms and conditions on providing the Services.  By using the Collision Assistance Services, you also agree to be bound by those additional terms and conditions. You can obtain a copy of the current Terms and Conditions for your Agreement by calling us or by pressing the Bluelink button in your Bluelink enabled vehicle and asking a Call Center Agent.

D. Other Users/Occupants of Your Vehicle.  YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF COLLISION ASSISTANCE SERVICES IN YOUR VEHICLE, EVEN IF YOU ARE NOT THE ONE USING IT, AND EVEN IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING OR OCCUPYING YOUR VEHICLE, THROUGH THE COLLISION ASSISTANCE SERVICES.  You promise to educate and inform all users and occupants of your vehicle about the Collision Assistance Services, system features and limitations and our use of such user’s and occupants’ information as permitted by these Terms and Conditions.  We have no obligation to inquire about the authority of anyone using your vehicle.  If you, another driver or a passenger of your vehicle uses the Collision Assistance Services to commit a crime or for another improper purpose or if such other driver or occupant of your vehicle disputes Hyundai’s collection and use of information as permitted in these Terms and Conditions, you agree to indemnify, defend and hold Hyundai harmless from and against any and all costs, expenses (including attorneys’ fees), losses, damages, and other liabilities which arise from such improper use.

8. PRIVACY

A. Information Collected and Used by Us.  In providing the Collision Assistance Services to you and as more fully set forth in the Privacy Policy and Vehicle Technologies and Services Privacy Notice, which govern these Services, you may submit and we may collect and retain an electronic or other record of certain information about you and/or occupants of your vehicle in an Accident Report including: your vehicle’s description and identification number, date and time of a reported accident/collision, the location of the collision/accident, self-descriptions of a vehicle’s damage, photos of an accident/collision, and the contact information for the individual reporting the accident/collision which may include name, phone number, and email address.  You understand that you will be submitting your Accident Report to Service Providers including repair facilities of your choice.  If you are an active Bluelink subscriber, you understand that you may receive MyHyundai notifications that prompt a recommendation to you to utilize Collision Assistance Services if Bluelink’s ACN feature detects a possible vehicle collision occurred.  If you have opted in to Vehicle Detection, Bluelink telematic data, including your vehicle’s precise geolocation, will be shared with CCC in order to recommend repair facilities that are near the location where the ACN event occurred.  YOU RELEASE HYUNDAI FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING OUT OF THE DISCLOSURE OF INFORMATION UNDER THOSE CIRCUMSTANCES.

Please be aware that use of the Collision Assistance platform within MyHyundai is a white-labeled version of CCC’s proprietary application subject to CCC’s collection.  You understand and acknowledge CCC maintains the Collision Assistance platform wherein you consent to CCC’s collection and use of data, including personal information and experience data, subject to CCC’s privacy policy (https://www.cccis.com/privacy-policy).  We and CCC may use the information we collect from you or your vehicle’s occupants to deliver the Collision Assistance Services to you, manage your Collision Assistance account, improve occupant and vehicle safety, analysis and research purposes, improve your Collision Assistance experience with our Service Providers, and provide Collision Assistance notifications/alerts to you.  Except as otherwise provided in these Terms and Conditions, we will not sell or share your Collision Assistance information to others without your authorization. Sharing this analysis and research, or the results thereof, with third parties who are not our Service Providers and/or partners will only occur with your express consent.  All Service Providers are contractually obligated to keep your information confidential if it is identifiable to you and use such information only as we specify.  We may also disclose information to individuals designated by you to be contacted in an emergency.  When required, you agree we may release information, including location data, to comply with applicable laws or regulations, in legal proceedings to respond to search warrants, judicial court orders or subpoenas in cooperation with law enforcement agencies, and to enforce the terms of this Agreement and any agreement related to the lease or financing of your vehicle.  Any data which we collect or which you provide to us which is not identifiable to you, including functionality use, statistics, performance data, quality metrics, shall be owned by us.

B. Your Consent.  YOU CONSENT ON BEHALF OF YOU AND OCCUPANTS IN YOUR VEHICLE TO SUBMIT YOUR ACCIDENT REPORT INFORMATION AND GEOLOCATION TO COLLISION ASSISTANCE SERVICE PROVIDERS IN ORDER TO DELIVER THE COLLISION ASSISTANCE SERVICES TO YOU AND OCCUPANTS IN YOUR VEHICLE.  YOU ON BEHALF OF YOU AND OCCUPANTS IN YOUR VEHICLE ALSO CONSENT TO THE COLLECTION AND USE OF THE INFORMATION DESCRIBED IN THIS AGREEMENT AND RELEASE HYUNDAI FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING OUT OF THE COLLECTION AND USE OF THIS INFORMATION.  YOU ALSO AGREE THAT WE MAY CONTACT YOU IN YOUR VEHICLE, BY ELECTRONIC MAIL, OR BY TELEPHONE AT ANY NUMBER WE HAVE ON FILE FOR YOU, AND, IN SOME CIRCUMSTANCES, BY PRERECORDED MESSAGE, EVEN IF DOING SO MAY RESULT IN ADDITIONAL TELECOMMUNICATIONS FEES OR CHARGES TO YOU, TO DISCUSS YOUR ACCOUNT, OFFER UNSOLICITED PROMOTIONS, OR TO DELIVER SERVICES.

C. Your Rights.  Whether you are an active Bluelink subscriber or not, you can find additional details regarding Hyundai and Bluelink’s collection, use, and sharing of geolocation in the appropriate Privacy Policy and Vehicle Technologies and Services Privacy Notices referenced below:

·       Hyundai Privacy Policy

·       Hyundai Vehicle Technologies and Services Privacy Notice

The Privacy Policy, Vehicle Technologies and Services Privacy Notice and these Terms and Conditions govern our use and protection of your personal information.  We may change the Privacy Policy, Vehicle Technologies and Services Privacy Notice and these Terms and Conditions at any time.  You can access the current Privacy Policy, Vehicle Technologies and Services Privacy Notice and these Terms and Conditions online at Owners.Hyundai.com, or request a copy by emailing us, calling us, writing us or by pressing the Bluelink button in your Bluelink enabled vehicle and asking a Call Center Agent if you are an active Bluelink subscriber.  Comments or inquiries about the Privacy Policy and Vehicle Technologies and Services Privacy Notice should be directed to 855-2BlueLink.  You may review or update the information you provide us at any time by emailing us, calling us, writing us or by pressing the Bluelink button in your Bluelink enabled vehicle and speaking to a Call Center Agent.  You understand and agree that Collision Assistance features accessed or information that is shared with CCC and other Service Providers are also subject to their respective privacy policies and website terms of use.

9. NO WARRANTIES.  Warranties are special kinds of promises. YOUR VEHICLE’S LIMITED WARRANTY does not cover the Collision Assistance services or the wireless service, which is provided to you on an “as is” and “where is” basis, without any warranty of any kind, express or implied.  IN ADDITION, HYUNDAI CANNOT PROMISE UNINTERRUPTED OR PROBLEM-FREE SERVICE, AND CANNOT PROMISE THAT THE DATA OR INFORMATION PROVIDED TO YOU WILL BE ERROR-FREE.  ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN “AS IS” BASIS. HYUNDAI HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COLLISION ASSISTANCE SERVICES AND ANY DATA AND INFORMATION AND SERVICES PROVIDED THROUGH IT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT.

10. LIMITATIONS OF LIABILITY.  YOU AND WE ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, WE EACH AGREE AS FOLLOWS:

A. WE ARE NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER WE CONTACT FOR YOU OR YOUR VEHICLE, OR FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION.

B. WE ARE NOT LIABLE TO YOU FOR (1) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR OR THE OCCUPANTS OR YOUR VEHICLE’S USE OF THE COLLISION ASSISTANCE SERVICES, OR (2) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE COLLISION ASSISTANCE SERVICES.

C. THE MAXIMUM AGGREGATE LIABILITY OF HYUNDAI TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO THE GREATER OF (I) $500 OR (II) THE TOTAL AMOUNT PAID BY YOU FOR THE PORTION OF THE COLLISION ASSISTANCE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE DATE YOUR CLAIM AROSE. YOU AGREE THAT HYUNDAI WOULD NOT HAVE AGREED TO PROVIDE THE COLLISION ASSISTANCE SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION.  THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF HYUNDAI AND ANY OTHER THIRD-PARTY BENEFICIARIES TO YOU, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.

D. NEITHER YOU NOR WE CAN RECOVER (1) PUNITIVE OR EXEMPLARY DAMAGES, (2) TREBLE, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, OR (3) ATTORNEY’S FEES (EXCEPT IN CONNECTION WITH INDEMNIFICATION CLAIMS AS PROVIDED IN THIS AGREEMENT).  YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, ACTUAL, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT.

E. WE HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS OF 30 DAYS OR LESS.  NO ONE IS LIABLE TO YOU 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, WEATHER, OR ANY OTHER THINGS HYUNDAI IS UNABLE TO CONTROL.

F. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE TO EXCUSE ANY NON-PERFORMANCE BY US CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND THE CONTROL OF HYUNDAI.

G. IF ANOTHER WIRELESS SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY THAT IT IMPOSES ON ITS CUSTOMERS.

H. YOU AGREE THAT HYUNDAI IS NOT LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN DATA OR INFORMATION TRANSMITTED THROUGH THE COLLISION ASSISTANCE SERVICES SYSTEM.

I. You agree that the limitations of liability and indemnities in this Agreement will survive even after the Agreement has ended.  These limitations of liability apply not only to you, but to anyone using your vehicle, 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 your Collision Assistance Services.

NOTE: Some states do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.

11. YOUR INSURANCE OBLIGATIONS.  The service Hyundai provides is intended as a convenience.  The provision of the Collision Assistance services is not related to the value of your vehicle or any property in it, or the cost of any injury to or damages suffered by you or anyone else as a result of the operation of your vehicle.  We are not an insurance company.  You promise you will obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks.  FOR YOURSELF AND FOR ANYONE ELSE CLAIMING UNDER YOU, YOU HEREBY RELEASE AND DISCHARGE HYUNDAI FROM AND AGAINST ALL HAZARDS COVERED BY YOUR INSURANCE. NO INSURANCE COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION AGAINST HYUNDAI.

12. YOUR RESPONSIBILITY FOR ANY THIRD PARTIES’ CLAIMS.  IN ORDER TO RECEIVE COLLISION ASSISTANCE SERVICES, YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD HYUNDAI HARMLESS FROM AND AGAINST ANY AND ALL AMOUNTS ANYONE ELSE CLAIMS FROM US, PLUS ANY AND ALL COSTS AND EXPENSES WE MAY INCUR (INCLUDING ATTORNEYS’ FEES), RESULTING FROM ANY CLAIM, DEMAND OR ACTION, REGARDLESS OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND, OR ACTION ALLEGING LOSS, COSTS, EXPENSES, DAMAGES, OR INJURIES (INCLUDING INJURIES RESULTING IN DEATH) ARISING OUT OF OR IN CONNECTION WITH (1) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT, WHETHER BROUGHT BY YOU, THE OCCUPANTS OF YOUR VEHICLE, YOUR EMPLOYEES, OR THIRD PARTIES, EVEN IF DUE TO THE SOLE NEGLIGENCE OF HYUNDAI OR ANY OF THE SERVICE PROVIDERS; (2) THE USE OR POSSESSION OF DATA OR INFORMATION PROVIDED IN CONNECTION WITH COLLISION ASSISTANCE SERVICES; (3) CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING OUT OF OR RELATED IN ANY WAY DIRECTLY OR INDIRECTLY TO THIS AGREEMENT; OR (4) THE USE, FAILURE TO USE, OR INABILITY TO USE COLLISION ASSISTANCE SERVICES, EXCEPT WHERE THE CLAIMS RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HYUNDAI OR ANY OF THE SERVICE PROVIDERS.

13. RESOLVING DISPUTES.

A. Governing Law.  To the fullest extent permitted by law and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the state of California without regard to its conflict of law principles.

B. Time Limits.  EXCEPT WHERE PROHIBITED BY LAW, YOU ARE NOT ALLOWED TO BRING ANY CLAIM AGAINST HYUNDAI (OR ANY OTHER THIRD PARTY BENEFICIARY) MORE THAN ONE YEAR AFTER THE CLAIM ARISES.

C. Binding Arbitration

MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CONTACTING HYUNDAI’S CUSTOMER SERVICE DEPARTMENT AT [email protected] OR CALLING 800-633-5151.  IN THE UNLIKELY EVENT THAT THE APPROPRIATE CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT.  ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS.  ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. HYUNDAI WILL PAY ALL ADMINISTRATIVE COSTS OF THE ARBITRATOR, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS OR BROUGHT IN BAD FAITH.  HOWEVER, IN ARBITRATION, BOTH YOU AND HYUNDAI WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

Arbitration Agreement:

(a) Hyundai  and you agree to arbitrate any and all disputes and claims between us arising out of or relating to this Agreement, Bluelink Services, Bluelink Systems, Service Plans, the Vehicle, use of the sites, or products, services, or programs you purchase, enroll in or seek product/service support for, whether you are a Visitor or Customer, via the sites or through mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law.  This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law.  However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate.  For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including injunctive and other relief sought, may be brought in a court of competent jurisdiction.  The agreement to arbitrate otherwise includes, but is not limited to:

claims based in contract, tort, warranty, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to the Vehicle for which you seek product or service support via the sites; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of this Agreement.

For purposes of this arbitration provision, references to “Hyundai,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior Agreements between us relating to or arising from any aspect of your use of the Bluelink Services, Bluelink Systems, Service Plans, the Vehicle or access of the sites.  Notwithstanding the foregoing, either party may bring an individual action in small claims court.  You agree that, by entering into this Agreement, you and Hyundai are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law.  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.  This arbitration provision shall survive termination of this Agreement or your relationship with Hyundai for any reason.

(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Hyundai should be addressed to: Consumer Affairs, Hyundai Motor America, Legal Department, 10550 Talbert Avenue, Fountain Valley, CA 92728-0850 (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Hyundai (“Demand”).  If Hyundai and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Hyundai may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Hyundai or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Hyundai is entitled.  In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California.  Such offers of compromise shall have the same force and effect as they would in a court proceeding.  The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).  You may obtain more information about arbitration from www.adr.org.

(c) After Hyundai receives Notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee.  The filing fee currently is $225, but is subject to change by the arbitration provider.  The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA.  The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.  The AAA Rules may change from time to time, and you should review them periodically.

All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable.  However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether this agreement permits class proceedings.  For the avoidance of doubt, the court and arbitrator shall be bound by the terms of this Agreement, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law.  The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.  Unless Hyundai and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your billing or registered address. Case management and other hearings shall be heard via telephone unless otherwise agreed to.  Except as otherwise provided for herein, Hyundai will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above.  If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.  In such case, you agree to reimburse Hyundai for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

(e) YOU AND HYUNDAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW.  Further, unless both you and Hyundai agree otherwise, the arbitrator or arbitration administrator may not consolidate or aggregate more than one person’s claims (except as set forth in subparagraph (f) below), and may not otherwise preside over any form of a representative or class proceeding.  The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void.  However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced.  Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law. Nothing in subparagraph (e) or (f) below shall prevent you or Hyundai from participating in a classwide settlement of claims.

(f)  YOU AND HYUNDAI AGREE THAT ADMINISTRATION OF ANY MASS, COLLECTIVE OR BATCH ARBITRATION SHALL BE GOVERNED BY THE TERMS SET FORTH IN THIS SUBPARAGRAPH (f).  You and Hyundai agree that a “mass, collective, and/or batch arbitration” includes, but is not limited to, instances in which you and others are represented by a law firm or collection of law firms or legal counsel that has filed more than 150 arbitration demands of a substantially similar nature against Hyundai, alleging similar or identical claims or causes of action, within 180 days of the arbitration demand filed on your or others behalf, and the law firm or collective of legal counsel/law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together.  If more than 150 arbitration demands of a substantially similar nature, alleging the similar or identical claims or causes of action, are filed against Hyundai by the same law firm or collection of legal counsel/law firms within 180 days of one another, each arbitration demand must be filed, administered, arbitrated, and resolved pursuant to this subparagraph (f).

Specifically, in order to increase the efficiency of resolution for any mass, collective, and/or batch arbitration, in the event 150 or more similar arbitration demands against Hyundai are filed within a 180 day period pursuant to the above, the arbitration provider shall (i) group the arbitration demands into batches of no more than 150 demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.  You and Hyundai agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees and administration. If subparagraphs (f)(i) or (f)(ii) are not enforced, or the arbitration provider refuses to follow these specific mass, collective, and/or batch arbitration protocols, then each arbitration demand must be filed, administered, arbitrated, and resolved individually, or the parties agree to seek out a different, mutually agreeable and widely-recognized arbitration organization agreeable to follow subparagraphs (f)(i) or (f)(ii).  If any other portion of this subparagraph (f) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (f) and this agreement shall be enforced to the maximum extent permitted by law.  Mass, collective, and/or batch arbitrations shall otherwise be subject to all other substantive and procedural terms contained within this agreement.

(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if Hyundai makes any change to this arbitration provision (other than a change to the Notice Address) after your enrollment in a service or program or your use of the sites, you may reject any such change and require Hyundai to adhere to the language in this arbitration provision as written at the time of your enrollment or purchase if a dispute between us arises, by providing Notice to Hyundai at the Notice Address in subsection (b) above.

14. GENERAL LEGAL INFORMATION.

A. Communicating with Each Other.  ANY WRITTEN NOTICE FROM YOU REQUIRED BY THESE TERMS AND CONDITIONS WILL BE CONSIDERED GIVEN WHEN WE RECEIVE IT AT OUR ADDRESS PROVIDED IN THE INTRODUCTION OF THESE TERMS AND CONDITIONS. ANY WRITTEN NOTICE FROM US REQUIRED BY THESE TERMS AND CONDITIONS WILL BE CONSIDERED GIVEN WHEN WE SEND IT BY EMAIL TO ANY EMAIL ADDRESS YOU’VE PROVIDED TO US, OR TWO DAYS AFTER WE MAIL IT TO YOU AT THE MOST CURRENT ADDRESS WE HAVE ON FILE FOR YOU. Any oral notices will be considered given when we call you or when you call us at 855-2BlueLink for Hyundai customers or you press the Bluelink button and speak with a Customer Care Specialist.  You may also reach out via the contact information provided below or the Contact Us page of our websites.  To review the Vehicle Owner Privacy Policy, the current version of these Terms and Conditions, and other information, you can also visit Owners.Hyundai.com.

B. Others Covered by this Agreement.  EACH OF THE PERSONS/ENTITIES LISTED IN THE SECOND PARAGRAPH OF THESE TERMS AND CONDITIONS IS BOUND BY THIS AGREEMENT.  YOU AGREE THAT YOU WILL MAKE ALL OF THE OCCUPANTS OF YOUR VEHICLE, WHETHER PASSENGERS, GUESTS OR DRIVERS OF YOUR VEHICLE, AWARE OF OUR RIGHTS AND SUBJECT TO THE LIMITATIONS OF THIS AGREEMENT.

C. Our Relationship.  Despite anything else this Agreement says, this Agreement does not create any fiduciary relationships between you and us. It also does not create any relationship of principal and agent, partnership, or employer and employee.

D. Assignment.  We can assign this Agreement or your obligations to pay under it in whole or in part to anyone we choose.  You cannot assign this Agreement or your obligations to anyone else without our prior written consent and any attempted assignment in violation of this provision shall be void.

E. Final Provisions. This Agreement (which includes, without limitation, these Terms and Conditions and any other documents incorporated herein by reference) is the entire agreement between you and us.  It supersedes all other agreements or representations, oral or written, between us, past or present.  In the event of a conflict between any provision contained in these Terms and Conditions and any provision of any other document incorporated herein, the provision contained in these Terms and Conditions shall take precedence, and no additional or different terms shall be binding on either of us unless mutually agreed to in writing.  This Agreement will not be presumptively construed for or against either party. Section titles contained herein are for convenience only. If any part of this Agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable.  Even after this Agreement has ended, its provisions will govern any disputes arising out of or relating to it (unless it has been replaced by a new agreement between us).  It will also be binding on your heirs and successors and on our successors and assigns.  No waiver of any part of this Agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach.  IN SOME CIRCUMSTANCES WE MIGHT DECIDE TO PROVIDE YOU SERVICE VOLUNTARILY EVEN IF YOU WOULD NOT OTHERWISE QUALIFY. THIS WILL NOT BE DEEMED A WAIVER OR REQUIRE US TO DO SO AGAIN.  YOU AGREE WE WILL NOT BE LIABLE FOR ANYTHING RESULTING FROM OUR PROVISION OF SUCH SERVICE.