NOTICE: DO NOT USE THIS APPLICATION WHILE DRIVING. THE MAPPING, DRIVING DIRECTIONS AND ASSOCIATED LISTING INFORMATION ARE PROVIDED SOLELY AS A GUIDELINE. DO NOT RELY ON THIS PRODUCT FOR EMERGENCY ASSISTANCE. IF YOU ARE IN A DANGEROUS SITUATION, SEEK PROTECTION FOR YOURSELF AND OTHERS, AND CONTACT EMERGENCY SERVICE PERSONNEL USING 911 SERVICE OR OTHER AVAILABLE SERVICES.
Description of the Product and Service.
As a AAA Member, or FINS customer who may not be a AAA member, you are entitled to benefit from the FINS Car Wash services through the AAA Club of which you are a member. When traveling outside of your AAA Club’s territory, these services may not be available in other clubs.
The “Product” is an Apple iOS compatible software application provided by AAA that facilitates your use of AAA FINS Car Wash services. Through the Product, you may submit a service request, and we will verify your membership, confirm receipt of your request, initiate the FINS Mobile user experience, and use the GPS data provided by your iOS device to help locate you. We may also provide you with local information that may be relevant to your request (e.g., loyalty offers and special incentives). The Product may also provide information and links related to other AAA products and services, and third party products and services. The functions that we provide through the Product may be referred to as the “Service.”
These terms of use govern your use of the Product and the Service only; other aspects of FINS Car Wash services continue to be governed by the applicable terms of your AAA Club. The Product and Service are provided by AAA and may not be available to members of all AAA Clubs in the United States and is also available to non-AAA members. The Service is dependent on the availability of cellular service and Internet connectivity that you must obtain.
Product License.
AAA grants you a personal, non-transferable right to use the Product on iOS devices that you own or control, subject to the other limitations and restrictions in these terms of use. You may not rent, lease, lend, sell, redistribute or sublicense the Product. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). These terms of use will govern any upgrades provided by AAA that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Privacy and Confidentiality.
Collection: We will collect the following data when you use the Service (“Information”):
• Any information submitted using the Product, such as your unique device identifier (UDID), name, telephone number, membership number, vehicle information (including vehicle year, make, model and engine size), and the description of your request or event.
• Any technical information provided to us from your device or cellular service provider, such as your sending IP address and the date and time of the request
• Location information provided via the Global Positions System (GPS) functionality of your iOS device
Use: We may use the Information to provide the Service to you, to communicate with you, and help identify products and services that we may offer to you directly or through our service providers.
Sharing; Disclosures: We may share any information that you provide with your local AAA Club. We may share the Information with our service providers solely for the purposes of providing you the Service.
Required Disclosures: We may provide the Information to third parties when, in our discretion, circumstances require or justify disclosure. For example: (a) a subpoena, warrant, or order issued by a court, person or body with jurisdiction compels the production of information; (b) we receive a formal request to disclose information in connection with a legal action; (c) we believe in good faith that a law, regulation or rule requires us to do so; (d) the information is needed or helpful to address an emergency that threatens the life, health or security of an identifiable person.
Storage, Retention and Protection: The Information will be stored on servers controlled by AAA or its service providers. It will be retained in accordance with our security and records management policies. The confidentiality, security, and integrity of the Information will be protected through reasonable physical, administrative and technical safeguards.
Termination.
The Service, and your license to use the Product, is effective until terminated by You or AAA. These Terms and Conditions will continue to apply to the Product and Service after termination to the extent that you retain the Product or attempt to use the Service. Your rights under these Terms of Use will terminate automatically without notice from AAA if you fail to comply with any term(s) of these Terms of Use. Upon termination of these Terms of Use, You shall cease all use of the Product and Service, and destroy all copies, full or partial, of the Product.
AAA reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will we be liable for the removal of the Product.
Cellular Communications and Internet Access.
Use of the Services requires an internet connection and may result in charges from your cellular service provider. We are not responsible for any such charges. YOU ARE REPONSIBLE TO OBTAIN CELLULAR AND INTERNET SERVICE NECESSARY TO USE THE PRODUCT AND SERVICE. AAA DOES NOT WARRANT OR GUARANTEE THAT COMMUNICATION FUNCTIONALITY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE. AAA IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.
Third Party Content.
The Service may display, include or make available content, data, information, applications or materials from third parties (“Third Party Content”), for example, Bing Maps. AAA is not responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, route practicability or efficiency or any other aspect of such Third Party Content. Any Third Party Content contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not will not use such proprietary content, information or materials in any way whatsoever except to use of the Product and Services for their intended purposes.
Links
The Service may contain links to third party websites or online services (“Third Party Websites”). AAA does not have any liability or responsibility to you or any other person for Third Party Websites. AAA has no responsibility or control over the terms of use or privacy practices of Third Party Websites. You are advised to read the terms of use and privacy notice of any third party websites to which you connect when using the Product.
Physical Safety and Security
Electronic products and communications services can and do experience errors, malfunction and failure. IF EVER YOU ARE IN A SITUATION THAT PRESENTS A RISK OF PHYSICAL HARM OR DANGER, SEEK SAFETY BEFORE ATTEMPTING TO CONTACT AAA. CONTACT LAW ENFORCEMENT OR OTHER EMERGENCY SERVICES IF YOU FEEL THREATENED. IF EVER YOU WISH TO CONTACT AAA FROM A DANGEROUS SITUATION, DO NOT RELY ON THE PRODUCT OR SERVICE; INSTEAD, CALL AAA AT THE NUMBER ON THE BACK OF YOUR MEMBERSHIP CARD (TYPICALLY 800-222-4357). IF EVER YOU ARE UNCOMFORTABLE RELYING ON THE SERVICE, OR SUSPECT THAT THE SERVICE IS NOT FUNCTIONING CORRECTLY, DO NOT RELY ON THE SERVICE, AND CALL AAA INSTEAD.
NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT AND SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE RISK THAT THE PRODUCT MAY NOT FUNCTION WITH SATISFACTORY QUALITY, PERFORMANCE, OR ACCURACY. THE PRODUCT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AAA, AND ITS LICENSEOR AND SUPPLERS, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AAA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT, OR PROVIDED BY THE SERVICE, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AAA OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT FULLY APPLY TO YOU.
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AAA OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Export
You may not use or otherwise export or re-export the Product except as authorized by United States law and the laws of the jurisdiction in which the Product was obtained. In particular, but without limitation, the Product may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
Contact Information: Contact us at aaaappsfeedback@national.aaa.com if you have any concern or questions about these Terms of Use.
We may amend our Privacy Statement at any time. You should review the Legal Notices and Privacy Policy button on this App periodically for such changes as we do not separately notify you of any changes.
Effective date March 25, 2019.