Website Terms of Service

Welcome to Volkswagen.  These VW Car-Net Terms of Service (“Terms of Service”) apply to your use of and access to Services provided by Volkswagen of America, an operating division of Volkswagen Group of America, Inc. (“VWoA,” “we,” or “us”), through a Volkswagen vehicle (“Vehicle”) and any software, websites, or applications associated with VW Car-Net (collectively, the “Services,” as further described herein).  The available Services (and associated capabilities and features) may vary by Vehicle model and model year.  Certain services or offerings available through the Services that are provided directly by third parties may be governed by separate and additional terms and conditions promulgated by such third parties.  These Terms of Service shall apply to each Vehicle owner, lessee, or renter, or other person accessing or using the Services through such person’s Vehicle or VW Car-Net account (generally defined herein as “you” or “user”).  You are responsible for your own compliance with these Terms of Service and for compliance by occupants of your Vehicle and anyone using the Service or your account, whether or not authorized by you.

Your Vehicle contains hardware and software (“Equipment”) that enables you to receive Services as part of a designated service plan (“Service Plan”).  Some Services require the installation of additional Equipment.  Some Services are included for an introductory period with your Vehicle and are available for paid subscription after the introductory trial period.  Not every Service or Service Plan includes an introductory period, and use of such Service or Service Plan may require a fee.  Information about the Service and each of the Service Plans is available at www.vw.com/carnet

THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US.  If you do not agree to these Terms of Service, DO NOT use the Services.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED, WHICH INCLUDES AN AGREEMENT TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES OR THESE TERMS OF SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.  THESE TERMS ALSO INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE NOT TO HAVE A TRIAL BY JURY AND NOT TO PROCEED WITH ANY DISPUTE AS PART OF A CLASS ACTION.  PLEASE SEE SECTION 15 OF THESE TERMS OF SERVICE FOR FURTHER INFORMATION.

You must be at least 18 years of age, or the age of majority in your state of residence, to accept these Terms of Service and enroll in the Services as the Primary Driver/User (defined in Section 2 below).  If you are under 18 years of age, or under the age of majority in your state of residence, your parent or guardian must accept these Terms of Service on your behalf and enroll as the Primary Driver/User.  You are responsible for informing others who use your Vehicle that the Services are active and that data may be collected from your Vehicle in accordance with the VWoA Privacy Statement, available here, which may be updated from time to time.

DO NOT USE OR OTHERWISE ENGAGE WITH THE MOBILE APP OR YOUR MOBILE DEVICE WHILE DRIVING.  USERS OF THE APP SHOULD NEVER OPERATE THE APP IN A MANNER THAT IS DISTRACTING TO THE DRIVER/USER.  ALWAYS PAY CAREFUL ATTENTION TO THE ROAD, AND DO NOT DRIVE WHILE DISTRACTED.

1.       Understanding the Terms of Service

The Services are provided to you by us and certain third-party service providers (“Service Provider(s)”), including providers of the wireless networks on which the Service relies (“Wireless Service Providers”), emergency response service providers (“Response Provider(s)”), and Integrated Content Providers (as defined below).  Such Service Providers, Response Provider(s), and Integrated Content Providers will together be referred to as “Service Partner(s).”

These Terms of Service, including any other VWoA terms, policies, and guidelines identified or referenced herein, constitute the complete agreement between you and us with respect to the Services and are legally binding upon the earlier of your agreement to these Terms of Service or your access, use, subscription to, purchase of, upload or transmission to, or download of any information, content, or other materials to or from the Services.  When you accept these Terms of Service during our sign-up process by using the myVW mobile application (“myVW App”), or when you are accessing or using the Services, you are acknowledging and agreeing that you have read, understood, and have agreed to be bound by these Terms of Service.  You are responsible for your own compliance with these Terms of Service and for compliance by any other drivers or occupants of your Vehicle and anyone who uses your VW Car-Net account, whether or not authorized by you.

In addition, your use of the Services, the VW Car-Net website at www.vw.com/carnet (the “VW Car-Net Website”), and the myVW App are governed by these Terms of Service and the VWoA Privacy Statement that is incorporated into these Terms of Service.  A copy of the VW Privacy Statement is available here, as well as on the VW Car-Net Website and in the myVW App.  The parent, subsidiaries, and affiliates of VWGoA, including, but not limited to, Volkswagen AG (together with VWoA, the “VW Company(ies)”), are third-party beneficiaries under these Terms of Service, and the protections set forth in these Terms of Service, including, without limitation, the disclaimers of warranties and limitations of liability, shall extend to them.

We can change these Terms of Service; change, add, or delete Services and Service Plans; and change the prices we charge for each Service Plan, at any time.  We will notify you of such change by sending notice of or otherwise posting amended terms through the myVW mobile app and/or myVW web portal, or as required by law.  Any change in prices for your Service Plan will not take effect until the current term of your Service Plan has expired.  It is your responsibility to review these Terms of Service periodically and when notified of a change.  You can cancel the Services if you do not agree to the change, but if you do not notify us within 30 days after we give you notice of the change, then the change will become part of these Terms of Service with you.  You agree that you are accepting such changes for yourself and any additional users of the Services using your Vehicle.

2.       Setting Up Your Car-Net Account

In order to use the Services, you must agree to these Terms of Service.  The terms of your specific Service Plan, including the applicable pricing if you continue the Service after any introductory period and other terms that are part of your Service Plan, are part of these Terms of Service.  You will be bound by these Terms of Service if any of the following events occur:  (i) your Vehicle purchase or lease agreement contains a provision that says you agree to these Terms of Service; (ii) you sign a contract that includes these Terms of Service; (iii) you purchase or lease a Vehicle that includes the Service in the purchase or lease price and you register for the Service; (iv) you speak with a VW Car-Net customer service representative and register for the Services; (v) you authorize your independent VW-authorized dealership (“VW Dealer”) to register for the Services on your behalf; (vi) you or someone you authorize to use your Vehicle and the Services uses the Services or accepts any of its benefits.; or (vii) you agree to use the myVW app.

In order to receive all available functionality or features of the Services under a service plan you select (“Service Plan,” as further described in Section 4 below), you will be required to create an account through the VW Car-Net Website or the myVW App.  You will be asked to provide identification information as part of the registration process and may be required to provide a credit card.  Some functionality or features of the Services require your registration for an account with the myVW app.  When you create an account, you must provide accurate and complete information.  You are responsible for maintaining the confidentiality and security of any username, password, and personal identification number (PIN) you use to set up and access your account.  You will be solely responsible for all activity in your account, so you must notify us immediately if you become aware of any breach of security or unauthorized use of your account or the Services.

The Services permit you, through your myVW App account, to designate a “Primary Driver” (or “Primary User” as referenced by your Vehicle settings) and “Secondary User” of the Vehicle.  The “Primary Driver/User” is generally the owner or lessee of the Vehicle; “Secondary Users” are any other individual(s) the Primary Driver/User designates and authorizes by name to access and use the Services.  As between the Primary Driver/User and any Secondary Users, the Primary Driver/User retains ultimate authority to modify, cancel, change, reactivate, or transfer the Services.  As a reminder, these Terms of Service apply to you, including the Primary Driver/User and any Secondary User.

Although the Services will generally be available in all Vehicles, there will be some variability by model or year, and some Services will not be enabled for use until you have installed required Equipment or you register for a trial or paid subscription service, either at your VW Dealer or on your own.  

3.       How the Services Work; Restrictions and Limitations

3.1           Equipment and Coverage Area

The Services are provided using hardware and software in your Vehicle (“Equipment”) that enables your Vehicle to receive telematics and other services though the wireless communication networks of wireless service providers and the Global Positioning System (“GPS”) satellite network.  The Equipment receives GPS signals and communicates with our response centers through the use of wireless and landline communications networks.  The location of your Vehicle, particularly in rural or enclosed areas, may affect the availability and quality of the Services.  Some or all of the Services may not be available in all areas.  Services may only be available if your Vehicle is in a geographic area covered by the service network footprint (and within operating range) of one of our wireless providers and is able to receive GPS signals.  Services are currently only available in the continental United States (including the District of Columbia), Alaska, Hawaii, and Puerto Rico.  Notwithstanding the foregoing Service area restriction, it may be possible for your Vehicle to send and receive data in areas when Services are not available.

Not all Services are available everywhere, particularly in rural or enclosed areas, at all times.  You expressly release us and our VW Car-Net Service Providers (defined in Section 3.3 below) from all liabilities and losses (including, without limitation, physical injury and death) that you or others may suffer in a situation where some or all of the Services are not available.

Please see the Vehicle’s available manual(s) to understand specific connected services and features, such as locating a lost or stolen Vehicle, emergency assistance and service, and content providers.

3.2           Our Privacy Practices with Respect to Your Vehicle and Data

For information on our data collection, sharing, and use practices, please refer to the VWoA Privacy Statement available here.  

The Service may use various, connected third-party services and Integrated Content Providers to make it easier to search for numerous points-of-interest (“POIs”), e.g., charging stations, fuel prices, parking information, weather, travel information, train information, flight information, restaurant search, hotel search, and other available information through the browsing capabilities of the Vehicle’s systems or Equipment.  In connection with this search feature, your Vehicle’s systems or Equipment may send various data or categories of data to us or our Service Partners.  You may also receive an “offer icon” next to certain POIs that you search for indicating that special offers and promotions are available.  Please review your Vehicle manual for more information.  See also below for more information about our privacy practices.

3.3           Third-Party Service Providers

We work with many different companies, individuals, and government entities to provide you with the Services.  These may include, for example, and without limitation, telecommunications providers, wireless providers, call center service providers, public safety operators, emergency personnel, towing companies, equipment and software manufacturers, licensors, and any parties that provide any service, equipment, features, or facilities necessary for the Services to work.  These parties are collectively referred to in these Terms of Service as our “VW Car-Net Service Providers.”  In some cases, a VWoA affiliate or subsidiary may be a VW Car-Net Service Provider.

The Services include offerings from various third parties with whom we contract to provide their products and services through VW vehicles (“Integrated Content Providers”) and whose services may be integral to the Services and without which, some of the Services may not work.  As a third-party provider, VWoA does not create or control the content or service offering made available by these Integrated Content Providers.  The Integrated Content Providers are exclusively responsible for the content and the availability of the service offering accessible through the Services.  Integrated Content Providers have the right to use your data for their own purposes; therefore, services from Integrated Content Providers will be subject to their terms and conditions and privacy statements. However, certain Integrated Content Providers’ or Optional Third Parties’ (defined below) services may require that you maintain certain settings or updates in your Vehicle in order for the accompanying services or features to function property. Links to the additional (and available) terms and conditions of Integrated Content Providers may be found on the VW Car-Net Website or in the myVW App.  Your agreement to these Terms of Service and use of the Services to which you subscribe constitutes your agreement to any such Integrated Content Provider terms.  VWoA collects and shares information with these Integrated Content Providers and receives information from these Integrated Content Providers for the purposes described above and in order for you to receive the services and/or content requested.  For a complete list of the Car-Net Integrated Content Providers and their respective contact information, please see the list of Integrated Content Providers in the VWoA Privacy Statement.

In addition to the Integrated Content Providers’ services available as part of the Car-Net Services, you can obtain or purchase additional services or offerings from other third parties that we introduce or with whom you independently engage that rely on the Car-Net platform (“Optional Third Parties”).  Services provided by Optional Third Parties are not integral to the basic operation of Car‑Net Services but may be added by you in order to receive additional services and/or content from the Car-Net platform.  Examples of services provided by Optional Third Parties include remote package, fuel, or other in-vehicle delivery; car sharing; tolling pricing; usage-based insurance; or other third‑party services.  Services or offerings from such Optional Third Parties will be subject to their own separate terms and conditions and privacy statements.  Although not comprehensive, for your convenience, links to some of the additional terms and conditions of Optional Third Parties (including, but not limited to, Verizon and T-Mobile for Wi-Fi services), as well as their pricing rates, may be found on the VW Car-Net Website or in the myVW App.

By facilitating your access to any services provided by Integrated Content Providers or Optional Third Parties, VWoA makes no representations about or endorsements of such services.  Your relationship in connection with these services is solely between you and the provider.  You should carefully review the terms and conditions of each provider you use.

3.4           Wi-Fi Hotspot

Vehicles enrolled in Car-Net may be provided with a free trial period of an in-vehicle Wi-Fi hotspot.  For Vehicles enrolled in Car-Net with Verizon service, you may be offered a free trial period (based on time or data) of an in-vehicle Wi-Fi hotspot.  We share information with Verizon in order to activate the Wi-Fi hotspot during the free trial period, including name, contact information, and equipment identification.  Verizon will handle this data in accordance with Verizon’s privacy statement and terms of service, which can be found here, including for purposes of marketing subscriptions to Wi-Fi services.  If you want to discontinue your Wi-Fi hotspot during the trial period, you may do so by disabling your hotspot from the Wi-Fi settings in the Vehicle head unit or in the myVW App (depending on the infotainment system).  Upon expiration of the trial period, you must enter into a subscription agreement with Verizon to continue your Wi-Fi hotspot service, and your data will continue to be governed by Verizon’s privacy statement and terms of service.  You will need to contact Verizon directly at 800-922-0204 in order to cancel your Wi-Fi subscription.  Press “#” and select “1” for support on Verizon’s prepaid plan.

For Vehicles enrolled in Car-Net with T-Mobile service, you may be offered a free trial period (based on time or data).  The terms and conditions of T-Mobile service apply to this trial period and can be found here.  T-Mobile will handle your data in accordance with T-Mobile’s privacy policy and terms of service, which can be found here.  If you want to discontinue your Wi-Fi hotspot during the trial period, you may do so by disabling your hotspot from the Wi-Fi settings in the Vehicle head unit or in the myVW App (depending on the infotainment system).  Upon expiration of the trial period, you must enter into a subscription agreement with T-Mobile to continue your Wi-Fi hotspot service.  To cancel your data plan, you must call T-Mobile directly at 800-866-2453.

VW may notify Verizon or T-Mobile if you transfer ownership of the Vehicle.  Once notified of your transfer of ownership, Verizon or T-Mobile may terminate service.

3.5           Software

We use software in connection with the Services (the “Software”).  We, or our VW Car-Net Service Providers, own or have rights to all such software, and you do not acquire any rights in such software other than the right to use such software as reasonably necessary for you to use the Services as permitted in your Service Plan and these Terms of Service.  You may not, and you may not permit a third party to, access the Software except as stated in these Terms of Service.  Further, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Software.  Moreover, you may not (a) attempt to gain unauthorized access to any portion or feature of the Software, any other systems or networks connected to the Software, any VWoA server, or any of the services offered on or through the Software by any illegitimate or prohibited means; (b) probe, scan, or test the vulnerability of the Software or any network connected to the Software or breach the security or authentication measures on the Software or any network connected to the Software; (c) use any device, software, or routine to interfere with the proper working of the Software or any transaction conducted on the Software or with any other person’s use of the Software; or (d) use the Software in an unlawful manner.

We, or our VW Car-Net Service Providers, may update or modify the software contained in your Vehicle’s systems or the Equipment from time to time (“Software Updates”) but are not under any obligation to provide a Software Update.  Software Updates may be available through in-dealership service, over-the-air (or OTA), or via download and may occur automatically or require you to initiate the required download or installation.  We may provide notice of Software Updates to you in a variety of ways, including through your Vehicle’s infotainment system, an associated mobile or web application, email, or text messaging, or by other VWoA-approved means of communication.  We strongly suggest that you install or permit the installation of the Software Updates as soon as you receive notice of them.  You also agree that if you allow a person who is not the Primary Driver/User of the Vehicle to use the Software, you are responsible for ensuring that such person using the Vehicle installs or permits the timely installation of all Software Updates and authorize such person to install or permit the installation of such Software Updates.  You understand and agree that if you do not install the updates, the software for the Vehicle may not be updated or improved for your use.  If permitted, these Software Updates may affect or erase data that you have previously stored on the Equipment in your Vehicle (such as specific route or destination information).  We, and our VW Car-Net Service Providers, are not responsible for any lost or erased (or otherwise affected) data, and you are solely responsible for the data that you may have downloaded, uploaded, transmitted, or otherwise stored from, to, on, or through the Equipment or Services.

3.6           Voice Recognition

Voice recognition software, which may be able to recognize different voices, accents, speech patterns, and words, may be used in connection with the Services.  We do not represent or guarantee that such software will recognize or work with your or other voices, accents, or speech patterns or recognize some or all words some or all of the time.

Voice control systems that are made available in the Vehicle may be supplemented by third-party content providers outside of VWoA.  To use such voice control functions, you must accept the applicable content provider’s terms of use.  

Additionally, the Software used with the voice recognition service may integrate products or services that use artificial intelligence tools, including, but not limited to, ChatGPT or similar third-party service providers, to supplement the voice recognition and voice command capabilities of the Service (“AI Feature(s)”).  You acknowledge that your use of such features will also be subject to the terms and conditions of the applicable AI Feature(s), and you assume all risks associated with the use of any AI Feature(s) that are incorporated into the Service.  You acknowledge that as a result of the Service’s use of AI Features, the output provided via the Service’s voice command capability may not be completely accurate, error-free, or up to date.  You therefore acknowledge and agree that the use of the AI Feature(s) and that any actions taken or reliance on such features are at your own risk.  Additionally, you acknowledge that the AI Feature(s) may not dynamically (in “real time”) retrieve information and that, consequently, the output provided to you may not account for events, updates, or other facts that have occurred or become available after the AI Feature(s) were trained.  In addition, you agree to not use the AI Feature(s) in a way that compromises the safety of others, including, but not limited to, any unsafe uses while operating your Vehicle or use that is not in compliance with applicable laws. 

3.7           Events Beyond Our Control

Various conditions beyond our control may prevent or delay us from providing any or all of the Services to you and/or may affect the quality of the Services.  The availability of the Services is not guaranteed.  We are not responsible for failure or delay in providing the Services if caused by acts of nature, forces, or conditions beyond our control, including, but not limited to, congestion, outages, or failure of public utilities, internet, computers, telecommunications, or wireless networks (such as interruption of cellular service); acts of war; acts of God; government actions; terrorism; civil disturbances; labor shortages, strikes, or difficulties (regardless of cause); atmospheric, geographic, or topographic conditions (such as tall buildings, hills, or tunnels); inclement weather; natural disaster; damage to or failure to maintain your Vehicle or the Equipment in good working order; or government laws, rules, or regulations.  In the event of any of the foregoing or similar events beyond our control, we may, in our discretion, suspend or terminate the Services (in whole or in part), or terminate your Service Plan, without notice to you and without any refund, compensation, credit, or other liability to you.  

Additionally, the availability and use of the Software may be subject to your Vehicle’s equipment compatibility, software compatibility, telecommunication capabilities, or your Vehicle being within the range of the wireless network of the wireless carrier that supports your Vehicle’s telecommunication (with rural or enclosed areas having a negative impact) and is subject to transmission limitation or interruption, including, but not limited to, technical obsolescence or sunsetting of certain equipment, devices, networks, or software inside of or external to the Vehicle that is required for data transmission or receipt.  You are not entitled to a credit or refund as a result of any delay or failure described herein.

In the event of any regulatory, governmental, or other legally compelled changes, or discontinuation or change of necessary telecommunications, systems, services, or technologies (for example, if your wireless provider terminates, sunsets, or restricts wireless services or communication technologies of the type used by your Vehicle’s Equipment), it may be necessary to replace Equipment for you to continue to receive Services.  You are solely responsible for replacing, as well as the cost of replacing, any Equipment that is necessary to receive the Services as a result of such change or discontinuation.

3.8           License Grant

Subject to your continued compliance with these Terms of Service, VWoA grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to download, install, and otherwise access and use, for personal and non-commercial purposes, the Services and Software as installed, directed, permitted, or updated by VWoA.  You also acknowledge and agree that VWoA has the right to control and direct the means, manner, and method by which the Services and Software are provided.

Upon violation of this license grant or of these Terms of Service, your rights will terminate immediately, and we may terminate your access to the Services without notice to you.

4.       Service Plans

Current information about Services and Service Plans available for Vehicles (“Service Plans”) can be found at the VW Car-Net Website (www.vw.com/carnet).  We may change, add, or delete Services and Service Plans at any time, with or without notice to you.

4.1           Included Service Plan

Unless otherwise specified by VWoA, certain VW Car-Net plans (“Included Plans,” or individually, “Included Plan”) may be included with model year 2020 and new vehicles at no additional cost.  Each Included Plan runs for a specific period from the date the Vehicle is first purchased or leased from a VW dealership based on the model year and trim level of the Vehicle.  

When you purchase your Vehicle, you should ask your VW dealership to specify the end date of each Included Plan associated with your Vehicle.  Specific features available with each Included Plan are available on the VW Car-Net Website or on the myVW App, or both.  Some VW Car-Net features require other factory-installed features in your Vehicle and may require certain pre-installed software and, therefore, may not be offered or available in your Vehicle.  If you do not know the features available in your Vehicle with each Included Plan or the end date of an Included Plan associated with your Vehicle, please contact the Volkswagen Response Center at 1-833-648-2735 to receive that information.

To continue to receive the services and features of any Included Plan after the term of the Included Plan’s expiration, you will need to (1) purchase or subscribe to a paid Service Plan prior to the end of your Included Plan term, or (2) enroll in a paid plan at any time after your Included Plan Term as long as you can maintain proof of ownership of your Vehicle.  To purchase or subscribe to a paid Service Plan, please visit the VW Car-Net Website or the myVW App or call the Volkswagen Response Center at 1-833-648-2735.

4.2           Paid Service Plans; Subscriptions

VWoA may make available certain paid Services and subscription-based Service Plans (collectively, “VW Paid Plans”) available from time to time, each with various services and features for model year 2020 and later Vehicles.  Information about specific features and pricing (“Service Rates”) for Service Plans, including information and pricing for VW Paid Plans, is available on the VW Car-Net Website or on the myVW App, or by calling the Volkswagen Response Center at 1-833-648-2735.  VW Paid Plans may not include services provided by certain third parties that are subject to separate terms and conditions.  See Section 3.3 of these Terms of Service for more information about Integrated Content Providers and Optional Third Parties and their services.    

5.       Service Rates for VW Paid Plans; Payment Terms

5.1           Service Rates

Billing information for all VW Paid Plans, including, where applicable, the frequency and amount of any recurring charges are specified on the VW Car-Net Website or the myVW App, or are available by calling the Volkswagen Response Center at 1-833-648-2735.  We will notify you of any price increases applicable to your Service Rate for any VW Paid Plan, in which event, you will have the opportunity to cancel Services if you do not agree to the new Service Rate.  Continued use of the Service following such notice of an increase(s) after the opt-out period expires indicates your acceptance to such changed Service Rate.  Service upgrades, enhancements, or updates that you request and that we may provide, in our sole discretion, may be subject to additional fees or charges for which you will be fully responsible.

5.2           Payment Authorization

You may be asked to provide us with a valid credit card number from a card issuer that we accept in order to activate your paid Services.  Notwithstanding anything to the contrary in these terms, we are not obligated to accept any particular method of payment.  You hereby authorize VWoA to charge and/or place a hold on your credit card for all amounts due by you in accordance with the payment terms applicable to your particular VW Paid Plan.  In the event your payment is returned for insufficient or uncollected funds, you authorize us to resubmit, except as otherwise provided by law or applicable rules.  Fees associated with your payment account, including, but not limited to, insufficient funds fees, reversal fees, or overdraft fees, are your responsibility and will not be reimbursed by us.

You acknowledge that you are responsible for paying all amounts due and payable to VWoA on time and in full.  If your payment information has changed at the time payment is due, you must arrange for payment or provide us with updated payment information or else we may discontinue the Services.  We may terminate or suspend the Services (in whole or in part) without notice to you if your credit, charge, or debit card provider refuses a charge from us or if such card has otherwise expired.  Even if we terminate or suspend the Services, you will still be responsible for any charges due at the time of such suspension or termination.

You expressly consent and authorize us to:  (1) verify, either ourselves or through third parties, your credit, charge, or debit card information; (2) receive updated account information from the financial institution issuing your credit, charge, or debit card; (3) review your credit history and obtain credit reports to determine your creditworthiness; (4) charge all amounts for which you are responsible to the credit, charge, or debit card account number you have provided.  We will use this information in connection with determining whether to provide you with or charge you for the Service and as described by the VWoA Privacy Statement.  Notwithstanding the foregoing, if your payment information has changed at the time payment is due, you must arrange for payment or provide us with updated payment information or else we may discontinue the Services.  We may terminate or suspend your Services (in whole or in part) without notice to you if your credit card provider refuses a charge from us or if such card has otherwise expired.  Even if we terminate or suspend your Services, you will still be responsible for any charges due at the time of such suspension or termination.  If we elect to terminate your Service (in whole or in part), you will not be entitled to any refunds or credits regardless of the reason for such termination.

We may utilize an affiliate or third-party processor to process payments for the products and services offered through Car-Net.  Your payment details may be retained if such retention is required by them or otherwise required by law.  VW does not maintain any information regarding your payment methods.

5.3           Payment of Recurring Charges

After any included introductory period ends, the Services will be discontinued unless you renew your subscription with a valid credit card or through any other means of electronic payment acceptable to us and provide us with appropriate authorization to charge the credit card or use such other acceptable means of electronic payment.  In the event that you are enrolled in a VW Paid Plan with an automatic renewal feature, you authorize us to use your credit card to automatically charge recurring fees due for the renewal of or continued subscription to a VW Paid Plan.  All recurring payments will be due in the amounts and frequency specified for the particular VW Paid Plan and will be charged in advance of the term to which they apply.  Your payment method on file will be automatically charged within 24 hours of the end date and time of your current plan, where the end date and time are determined by the initial billing date and time of the plan purchase plus the length of the paid plan (such as 30 days for monthly plans or 365 days for annual plans).  If your billing cycle falls on a weekend or holiday, we may charge you on the next business day.  To cancel the Services and stop automatic renewal or recurring payments under a VW Paid Plan, follow the instructions in Section 6.1 of these Terms of Service.

5.4           Other Service Charges

You may be responsible for paying directly to third parties, including Car-Net Service Providers (such as Wireless Service Providers), and in certain circumstances, Response Providers, all charges for services furnished by them directly to you that are not expressly covered by your Service Plan.

5.5           Taxes, Fees, and Surcharges; Other Charges

Service Rates for VW Paid Plans do not include certain taxes, fees, and surcharges that may apply to your Service.  To the extent applicable, as determined by us in our sole discretion, in addition to Service Rates, we may charge state and local sales taxes, surcharges for federal and state Universal Service Fund contributions, and state and local 911 or other emergency service fees.  Charges may also include a cost recovery surcharge.  Surcharges are typically assessed to help defray our costs (or the costs of our Wireless Service Providers) incurred in complying with federal and state telecommunications regulations.  Surcharges are not taxes or fees that the government requires from consumers.

You are responsible for paying directly to third parties, such as medical providers, emergency responders, and roadside assistance providers, all charges for products or services furnished by them directly to you that are not expressly covered by your Service Plan.  Any fees, fines, or other charges levied by law enforcement agencies or authorities and/or public safety access services due to a false alarm or similar occurrence and related costs will be your responsibility.  We may bill you such charges and costs directly to you, and you agree to pay such charges and costs upon receipt.

5.6           Disputed Charges

If you think that there has been an error in any charge billed by or through us, you must notify us by calling 1-833-648-2735 within 60 days, or such longer period as required by law, after the charge is posted to your account to request an adjustment.  If you do not contact us about the disputed charge within this time period, you agree that you have waived your right to dispute the charge and must pay all amounts due in full.  If you wish to dispute any charges billed by an Integrated Content Provider or Optional Third Party for their services, you must contact that party directly.

6.       Service Cancellations and Refunds

6.1           How to Cancel Service Plans

You can cancel or terminate your Included Plan or a VW Paid Plan at any time by calling the Volkswagen Response Center at 1-833-648-2735, visiting your account profile on the VW Car-Net Website, or using the myVW App and following the instructions to cancel a Service Plan. 

When you cancel an Included Plan or VW Paid Plan, your cancellation and your now cancelled right to utilize the Services will be effective as of the date that you request your Service Plan to be canceled—you will no longer have access to Services made available under the canceled Included Plan or VW Paid Plan.  For Services provided by Integrated Content Providers or Optional Third Parties that are made available pursuant to their separate terms and conditions, you must follow the cancellation terms and requirements specified in those terms and conditions.  Visit the VW Car‑Net Website or the myVW App for links to the available terms and conditions of VW Integrated Content Providers or Optional Third Parties.

Please note that unless and until you cancel all Service Plans in which you have enrolled (including the Included Plan and any VW Paid Plans) and the Primary Driver/User no longer has any connection to the Vehicle (by performing a factory reset in the Vehicle’s infotainment screen or removing the Vehicle from the associated myVW account), data may continue to be collected from your Vehicle.  Even if you cancel an Included Plan or a VW Paid Plan, your Vehicle may continue to have a functioning i-Button (as described in Section 7.2 of these Terms of Service) that may allow you to reach a Volkswagen Response Center representative.

Please see Section 8 for notice and cancellation requirements if you transfer or sell your Vehicle.

6.2           Refund Policy

You will not be entitled to a refund for: (i) any payment that was included in the purchase or lease price of your Vehicle; or (ii) for any one-time activation fees or transaction-based fees you may have incurred. Such amounts are not refundable. As for the monthly subscription to the Services, the following applies:

If you cancel a monthly subscription to a VW Paid Plan, the Services shall be disabled and subscription cancelled at the end of the month in which you provide a notice of cancellation. You will receive a prorated refund to your valid credit card on file for the period of time remaining during the monthly term.

If you cancel an annual subscription to a VW Paid Plan within 30 days of activation of such Paid Plan, the Services shall be disabled, and all fees paid to VWoA related to the canceled VW Paid Plan shall be automatically credited in full to your valid credit card on file.

If you cancel an annual subscription to a VW Paid Plan after 30 days but within 180 days of activation of such Paid Plan, the Services shall be disabled, and you shall receive a prorated refund of the remaining annual subscription to be paid to your valid credit card on file.

For VW Paid Plan subscriptions longer than one month (such as an annual subscription), no refunds will be provided for any VW Paid Plan for cancellation requests received more than 180 days after activation of the Services in your Vehicle.

VWoA may, in our sole discretion, offer a credit on a case-by-case basis for a VW Paid Plan should your Vehicle become a total loss, as determined by us in our sole discretion, and if you notify us within seven days of the Vehicle loss incident by calling the Volkswagen Response Center at 1‑833‑648-2735.  We may also, in our sole discretion, give a credit for a VW Paid Plan (in an amount determined by us) for continuous Service interruption of more than 24 hours on a case‑by‑case basis if such interruption was reasonably within our control, as determined by us in our sole discretion, and if you notify us within seven days of the continuous interruption.  Any such credit shall constitute your sole and exclusive remedy for such failures, and you waive and release us from any further liability to you in connection with such Service interruption.

Please allow 14 days to complete refunds under this policy.  No credits or refunds shall be issued by check, money order, debit card, or any other method other than crediting your credit card on file.  Trial subscriptions are not redeemable for cash.  In the event your credit card on file is no longer valid and VWoA is unable to credit said card, no credit or refund shall be issued unless otherwise communicated to you by VWoA.

7.       Terms Applicable to Specific Services or Service Features

7.1           Protecting Login Credentials

It is your sole responsibility to safeguard your authentication information and not share it with any third-party for use in accessing your online account. Neither we nor any Service Partner has any obligation to inquire about the authority of anyone using your Vehicle or other information that can be used to identify your account to request, modify, or use the Service for your Vehicle.

You are responsible for the security of any passwords you use to access the Service.  We will make any changes to your account or charge you for any amounts authorized by a person who provides your authentication information.

SHARING YOUR AUTHENTICATION INFORMATION WITH THIRD PARTIES IS NOT PERMITTED BY THESE TERMS OF SERVICE AND MAY LEAD TO A BREACH OF YOUR PRIVACY, INCLUDING, BUT NOT LIMITED TO, YOUR LOCATION AND DRIVING HISTORY INFORMATION, AND YOUR PERSONAL INFORMATION.  ADDITIONALLY, SHARING YOUR AUTHENTICATION INFORMATION MAY LEAD TO YOUR LOSS OF CONTROL OF THE VEHICLE’S CONNECTED SERVICES.  We and our Service Partners reserve the right to limit or discontinue service if we suspect that your authentication information is being used by a third party, even if you intentionally shared your authentication information.

7.2           Use of (Available) Service Buttons in Overhead Console (Two or Three-Button Module)

Your Vehicle may be equipped with certain service buttons, which may include an i-Button, Wrench Button, and SOS Button.  Please consult the owner’s manual for information on service buttons including important warnings.  

If you have enrolled in a plan for Services but have not created a Car-Net account through the VW Car-Net Website or the myVW App, available Services may be limited, including Services available through Vehicle service buttons.  Please enroll and create a Car-net account through the VW Car-Net website or the myVW App.

Calls with our Volkswagen Response Center representatives, emergency personnel, or law enforcement may be monitored or recorded for purposes of quality assurance, issue resolution, maintaining service, training, or promoting or providing services.  Our Volkswagen Response Center representatives and our VW Car-Net Service Providers’ customer service representatives may remain on the line while conferencing in a third party to assist in completing a service request.  You (for yourself and your Vehicle’s occupants and anyone else acting or using the Service on your behalf):  (i) expressly consent to the monitoring and recording activities described herein; and (ii) release us and our VW Car-Net Service Providers from claims, liabilities, and losses resulting in connection with any such monitored and/or recorded communications.

7.3           Non-Emergency Roadside Assistance

If you have paid for the applicable Service Plan that includes non-emergency roadside assistance (or if this Service Plan is included as complimentary), we will attempt to arrange for roadside assistance services when you request it through the Wrench Button in your Vehicle.  Non-emergency roadside assistance (such as help with a flat tire) accessed through the Wrench Button in your Vehicle is provided by third parties that may involve additional cost to receive.  For example, you may be required to pay fees to a towing company if your car is towed for repair service.  If certain roadside assistance services were included in the purchase of your Vehicle for a limited period of time, such third-party fees may be covered during that time, and you will be required to pay the third-party fees following the expiration of the included roadside assistance period or those third-party fees for services that were not included in the purchase of your Vehicle.

7.4           Emergency Assistance

If you have paid for the applicable Service Plan that includes emergency assistance (or if this Service Plan is included as complimentary), we will attempt to contact appropriate emergency personnel, such as police, fire department, or emergency responders, for assistance when you request it through use of a service button or when the Equipment if your Vehicle signals for it.  However, we cannot guarantee that any such emergency personnel will respond in a timely manner or at all.  We will assume an emergency exists if we receive a crash notification signal from your Vehicle, such as a signal that your air bags have deployed.  If applicable laws require an emergency to be confirmed before emergency personnel provide service, we will not contact emergency personnel in these areas until we hear your request for assistance, reasonably believe an emergency exists, or otherwise confirm that an emergency exists.

YOU EXPRESSLY RELEASE US AND OUR SERVICE PARTNERS FROM ALL LIABILITIES AND LOSSES (INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER IN AN EMERGENCY SITUATION, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF OUR FAILURE TO CONTACT APPROPRIATE EMERGENCY PERSONNEL, OR A SITUATION WHERE THE SOS BUTTON, ROADSIDE ASSISTANCE BUTTON, OR SERVICES ARE NOT AVAILABLE.

7.5           Locating Your Vehicle if it is Stolen

If you have paid for the applicable Service Plan that includes location service(s) for stolen vehicles (or if this Service Plan is included as complimentary), we will attempt to locate your Vehicle if it has been stolen.  Our policy is to only provide location information about stolen vehicles directly to law enforcement after receipt of required information and confirmation that the vehicle is stolen, which may take some time.  Neither we nor our VW Car-Net Service Providers have any obligation to continue our attempts to locate your Vehicle after 30 days from the time it is first reported stolen to us, and we cannot guarantee that we will be able to find it.  We do not have any obligation to try to find your Vehicle outside of a Vehicle theft situation, such as trying to locate an individual for you.  If your Service Plan provides you with the ability to locate your Vehicle, such as through a mobile application, you should not use this feature to try to locate a stolen vehicle for your own safety.  Such efforts are for appropriate law enforcement agencies.

To enable you to continue to receive the benefits of the Services in the event your Vehicle is recovered, we do not terminate the Services when you report that your Vehicle is stolen, and we will not terminate the Services unless and until we get express instructions from you.  However, if we have activated a stolen vehicle location service for your Vehicle, some Services may be suspended or unavailable during the time the stolen vehicle location service is activated.

7.6           Vehicle Health Reports

Your Service Plan may allow you to receive point-in-time diagnostic information regarding your Vehicle’s operations (“Vehicle Health Report”).  Not all systems and components are reported by the Vehicle Health Report, but Vehicle Health Reports are automatically shared with your (preferred) dealer to help manage service and repair unless you opt-out (through the myVW app) of the sharing of such information with your dealership.  The Vehicle Health Report does not replace the need to perform scheduled maintenance and vehicle inspections.  Refer to your Vehicle’s warning and indicator lights for the most current diagnostic information.  Always consult owner’s literature for maintenance guidelines.  You should always follow the Vehicle’s scheduled maintenance instructions, regularly inspect your Vehicle, and seek diagnosis and repair of damage or concerns at an authorized Volkswagen dealership.  Failure to perform scheduled maintenance and regularly inspect your Vehicle may result in vehicle damage, serious injury, and/or lack of warranty coverage.

7.7           Scheduling Service Appointments

Depending on your Service Plan and your VW dealership’s participation in the program, you may be able to schedule an appointment with your VW dealership through the Service.  Your request for a service appointment is a request that we send to your VW dealership and is not an agreement by us or your VW dealership to accept all the items contained in your request or to complete them.  If you would like to change the VW dealership we have on file for you, you can change it using the VW Car-Net Website or myVW App.  We, and your VW dealership, reserve the right at any time to decline or cancel any appointment at any time after you schedule it.  We, or your VW dealership, will endeavor to give you notice of such cancellation.

By accepting these terms, you consent to sharing your Vehicle data and other information provided to us in connection with VW Car-Net registration and Services as described in the VW Privacy Statement.  Certain information, including your Vehicle Health Report, will be shared with your preferred dealer for your Vehicle unless you opt-out (through the myVW app) of the sharing of such information with your dealership.  You may be contacted by us or an authorized VW dealership to discuss certain information available from your Vehicle, such as warning lights, or depending on your Service Plan, your Vehicle Health Report.  Some Vehicle issues require immediate attention.  You should not solely rely on the outreach described here to schedule service appointments or otherwise attend to your Vehicle; any outreach to you by us, any VW dealerships, or third parties is intended for your convenience only and does not replace your responsibility to perform scheduled maintenance, regularly inspect your Vehicle, heed warnings and instructions in your owner’s manual, deliver your Vehicle to an authorized service provider for certain repairs, or comply with recall campaigns.  You should always refer to your Vehicle’s warning and indicator lights for the most current diagnostic information and always consult your owner’s manual for maintenance and repair guidelines.

7.8           DriveView Services and Optional Insurance-Related Data Sharing

Enrolling in Car-Net will also enroll you in the DriveView™ service. DriveView™ is a service program where we offer driver scores that can show you how you are driving, including a “DriveView Score,” by looking at things such as average speed, average speed below 2 mph (idling), hard braking, and night driving. Users enrolled in DriveView Services may also opt-in to share certain GPS, driver behavior, and other data with certain insurance-related companies to be considered for insurance discounts. For more information, please review the separate DriveView and Insurance-Related Data Sharing Terms of Service available here, which shall apply to your participation in those programs.

7.9            Service Limitations Based on Model or Trim Levels

The services and features provided by the Services may not work with or be available to all models or trim levels of Vehicles.  If you purchase your Vehicle from a VW dealership, the dealership should be able to inform you about any Services that your Vehicle does not support.  Or you may call the Volkswagen Response Center at 1-833-648-2735 to inquire.

7.10            Text and Data Rates

Standard text and data rates may apply to your use or receipt of certain Services.

7.11            If You Purchase a Car-Net Digital Product

The Services may include the ability to purchase certain digital offerings (“Digital Product(s)”) that activate optional features in your Vehicle for specified run times, including, but not limited to, on a monthly, annual, or lifetime basis.  Please be aware that applicable terms specified in Sections 4, 5, and 6 apply to Digital Product offerings and purchases.

YOU EXPRESSLY RELEASE US AND OUR SERVICE PARTNERS FROM ALL LIABILITIES AND LOSSES (INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY AND DEATH) THAT YOU OR OTHERS MAY SUFFER WHEN DIGITAL PRODUCTS YOU HAVE PURCHASED ARE NOT AVAILABLE.

8.       Your Additional Responsibilities

You agree to only use the Services when it is safe and legal to do so and in compliance with these Terms of Service.  You are solely responsible for those who use the Services in your Vehicle or use your account information even if you later claim the use was not authorized, and you will be responsible and liable for paying any charges arising from such use and any damages or expenses incurred by VWoA as a result of such use.  VWoA has no obligation to inquire about the authority of anyone using your Vehicle or other information that can be used to identify your account to request the Services for your Vehicle.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICES IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY.  IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER DRIVER/USER OR OCCUPANT OF YOUR VEHICLE) FOLLOW INSTRUCTIONS FOR USE OF THE SERVICES, EXERCISE GOOD JUDGMENT, AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS WHEN OPERATING YOUR VEHICLE, USING THE EQUIPMENT AND SERVICES, AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICES (INCLUDING THE ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.

8.1           Maintaining Your Vehicle

In order for us to fully provide the Services, the Equipment in your Vehicle must be in good working order (e.g., properly connected to power or communication resources), and your Vehicle must have a working electrical system and adequate battery power.  The Services may not work if you try to modify the Equipment or add any equipment or software in or to your Vehicle that is not expressly authorized by us or is not compatible with the Equipment or Services.  You may need to adjust your use of other Vehicle features, such as adjusting the volume of your radio, to hear the audio portions of the Service.  You are solely responsible for the proper maintenance of your Vehicle and its systems (including the Equipment) and for keeping them in good working order and using them in compliance with these Terms of Service and all applicable laws.  Always consult owner’s literature for maintenance guidelines and the Vehicle’s scheduled maintenance instructions.

8.2           Insuring Your Vehicle

The Services are provided to you as a convenience.  The Services do not constitute insurance, and you should not rely on it to limit the potential for loss, theft, or damage to your Vehicle or property.  You are solely responsible for obtaining and maintaining any and all insurance for your Vehicle, your passengers, and your property.  No insurance company or insurer will be entitled to any right of subrogation against us or our VW Car-Net Service Providers.

8.3           No Illegal, Fraudulent, or Abusive Use of the Services

You agree that you will not use the Equipment, the Services, any associated VWoA Website or the myVW App, or contact our Car-Net Response Center representatives or emergency services for illegal, fraudulent, or abusive purposes, including to harass, threaten, abuse, defame, or slander any individual or entity.  You agree that you will use our emergency and roadside service only for actual emergencies and legitimate roadside assistance and remote vehicle door unlock needs.  The remote door unlock is not intended as a substitute for carrying your Vehicle key with you.

You may not use the Services in a manner that interferes with any other customers’ use of our Services or our provision of our Services to our other customers.  You agree you will not abuse or do anything to damage our or any of our VW Car-Net Service Provider’s respective businesses, operations, services, reputation, employees, equipment, property, or facilities.  You further agree that you will not harass, threaten, or use vulgar, abusive, and/or inappropriate language toward any customer service representative.  You acknowledge that we have the right to terminate your Services if you exhibit such inappropriate behavior, in our sole discretion.

8.4           No Unauthorized Use of the Services or Software

You may not engage in any activity to deliberately damage the Services, including any software, data, or settings therein, or undermine the operation or the Services.  Without limiting the foregoing, you are expressly prohibited from transmitting any software or other materials containing viruses, worms, defects, date bombs, time bombs, spiders, Trojan horses, screen‑scrapers, web-bots, or web crawlers, or other such destructive or disruptive devices; modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling, disassembling, circumventing, or tampering any portion of the Services; or otherwise exploiting the Services in any unauthorized way.  VWoA reserves the right to investigate any suspicious activity and to take all such actions against and obtain such remedies against any user who violates these provisions to the fullest extent permitted by law.  We reserve the right to disclose any information about you, including your account information and access to and use of your account, to law enforcement as necessary and as permitted by law to enforce these Terms of Service, to comply with any court order, or as permitted in the VWoA Privacy Statement.

You are solely responsible for those who use the Service in your Vehicle or use your authentication information, even if you later claim the use was not authorized, and you will be responsible and promptly pay for any charges arising from such use and any damages to or expenses incurred by us or any of our Service Partners as a result of such use.  Neither we nor any Service Partner has any obligation to inquire about the authority of anyone using your Vehicle or other information that can be used to identify your account to request the Service for your Vehicle.  You are responsible for the security of any passwords you use to access the Service.  We will make any changes to your account or charge you for any amounts authorized by a person who provides your authentication information.

8.5           No Resale of the Services and Limitation on Commercial Use

Except as may be permitted by VWoA in writing, the Services, including the messages, data, information, content, or other material provided as part of the Services, are provided only for your personal use and not for resale.  Certain information you receive through the Services belongs to us, or our VW Car-Net Service Providers (or other third parties), and may be subject to one or more copyrights, trademarks, service marks, patents, or other legal protections.  You may not (and may not permit or cause any other party to) sell, resell, or otherwise use the Services or any information provided through the Services for commercial purposes.  You must not resell, copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, attempt to reverse engineer, or create derivative works from the Equipment, or otherwise display or distribute information or content you receive through the Services.

8.6           No Rights to Identifiers

You have no property right in any number, address, or other communication identifier that may be assigned to you or to the Equipment in connection with the Services.  Any such number, address, or identifier may be changed from time to time.

8.7           Transferability - If You Sell Your Car

If you plan to sell or transfer your Vehicle or turn your Vehicle in at the end of its lease, it is your responsibility to notify us by contacting one of our Volkswagen Response Center representatives at 1-833-648-2735, and you should cancel your Service Plans and any third-party agreements (e.g., Wi-Fi or satellite radio) in accordance with Section 6 of these Terms of Service.  You remain responsible for the Services and any applicable fees due under the VW Car-Net account until you contact us and cancel Services.

If you fail to notify us of a sale or transfer of your Vehicle or termination of your lease, we may continue to send messages to the Equipment in your Vehicle and other personal information may be available through the Equipment.  We are not responsible for any privacy-related damages you may suffer as a result of such a failure to notify us of a sale or transfer of your Vehicle.

It is your responsibility to remove all data and content (including any personal information), if any, that you may have stored on your Vehicle before you sell or transfer your Vehicle by disassociating, removing, or unlinking your Vehicle with the myVW app and performing a factory reset in the vehicle’s infotainment screen.  Please note that performing a factory reset automatically cancels any active Car-Net subscriptions and myVW account affiliations.  It is also your sole responsibility to cancel the Services related to the Vehicle you turn in, including any wireless data plan with your wireless provider or services provided by Optional Third Parties.  You can call the Volkswagen Response Center at 1-833-648-2735 to learn how to perform a factory reset or otherwise delete information stored on your Vehicle.  Performance of a factory reset may disable active Car-Net subscriptions or accounts.  Please contact the Volkswagen Response Center at the number above for troubleshooting.

9.       Rental and Fleet Vehicles

These Terms of Service also apply to drivers and users of rental cars and other company fleet vehicles that are equipped with VW Car-Net Equipment and have the Services activated by the owner or fleet manager.  It is the responsibility of the fleet vehicle owner or fleet manager to notify drivers and users of Vehicles of the Terms of Service.  When you use the Services or drive a Vehicle from such fleet with active Services, these Terms of Service shall apply to your use.  Additional terms and conditions may apply to Services provided to fleet vehicles and those additional terms and conditions will govern if they conflict with these Terms of Service.  The owners or managers of the fleet may use the data collected through the Services in additional ways that are not covered in these Terms of Service or the VW Privacy Statement.  Therefore, you should check with the owners or managers of the fleet or rental cars if you have questions about any requirements, limitations, or data practices that may apply to your use of the VW Car‑Net‑equipped Vehicle or Services.

10.       Termination, Suspension, Reactivation, Change, and Transfer of Service

             a)       Our Rights to Suspend or Terminate the Service

This Agreement will take effect (or retake effect) at the moment you acknowledge that you have read, understand, and agree to abide by the terms and conditions of these Terms of Service, or otherwise when you begin downloading, accessing, or using the Services or Software (or following the installation of the Software), whichever action or event is earliest.  VWoA reserves the right, in its sole discretion and at any time and for any reason, to terminate, discontinue, or modify any aspect or feature of the Services.  These Terms of Service will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below.  Termination will be effective without notice.  You may also terminate these Terms of Service at any time by ceasing to use the Services, but all applicable provisions of these Terms of Service will survive termination, and each re-access or use of the Services will reapply this Agreement (then in effect) to you.

We can also decide to either suspend or terminate the Services at any time, for any reason in our discretion, including:  (i) for network or system maintenance, improvement, congestion, or failure; (ii) if we suspect your Service (in whole or in part) is being used for any unauthorized or inappropriate purpose; (iii) as a result of your breach of these Terms of Service; (iv) due to any event beyond our control as described in Section 3.7 of these Terms of Service; or (v) for reasons unrelated to you or your account with us.  If suspension or termination of the Services occurs for any reason, you acknowledge and agree that you may not be able to access the Services, including the emergency services.

If we elect to terminate your Services (in whole or in part) as a result of your breach of these Terms of Service or unauthorized use of the Services or Equipment, you will not be entitled to any refunds or credits.  You do not have any right to have your Services reactivated even if you cure any of the issues that resulted in the termination or suspension of your Service.  It is solely our decision as to whether to allow you to reactivate Services.  If we do decide to reactivate your Services, we have the right to charge a reactivation fee and any past due amounts must be paid before the Services are reactivated.

In addition, if we are advised by your financing company, or any VW Company (as defined in Section 10), or otherwise receive confirmation that you no longer own or lease your Vehicle, we may suspend or terminate your Services.  Please see Sections 6.1 and 8.7 above for requesting a transfer or cancellation of the Services.

This Section does not include termination of services provided by a Service Partner (as defined above) that are subject to separate terms and conditions.

             b)       Reactivation of Service

You do not have any right to have your Service reactivated, even if you cure any of the issues that resulted in the termination or suspension of your Service.  It is solely our decision as to whether to allow you to have Service again.  If we do decide to reactivate your Services, we have the right to charge a reactivation fee.

             c)       Authority to Use, Terminate, Change, or Transfer Your Service/Service Plan

We will only accept requests from you (or from someone we believe is you, or someone with your authorization, such as your authorized agent) to use, activate, cancel, change, reactivate, or transfer the Services.  You agree that we can assume that anyone who provides your registration information is authorized to act on your behalf, and that we shall have no responsibility or liability for anything that may arise from our providing any services to, or acting upon instructions from any such individual, even if such individual is not, in fact, authorized by you to use the Service or your account.  You should notify us immediately of any breach of security or unauthorized use of your Service or account using the contact information in these Terms of Service.

10.1        Third-Party Beneficiaries

The parent, subsidiaries, and affiliates of Volkswagen Group of America, Inc., including its parent company, Volkswagen AG (each a “VW Company”), and all VW Car-Net Service Providers, are third-party beneficiaries under these Terms of Service.  As third-party beneficiaries, they are covered by the same protections given to us under these Terms of Service, such as the disclaimers of warranties, limitations of liability, release, and dispute resolution.

You are not a third-party beneficiary of any agreement between us and any of our VW Car-Net Service Providers or other third parties.  None of our VW Car-Net Service Providers have any legal, equitable, or other liability of any kind to you under these Terms of Service.  You expressly waive any and all claims or demands for such liability.

10.2        Changes to These Terms of Service

We can change these Terms of Service at any time.  We will notify you of such change by sending notice of or otherwise posting amended terms through your VW Car-Net account and as required by law.  It is your responsibility to review these Terms of Service periodically and when notified of a change.  If you do not agree to the change, you can cancel the Services (as noted in Section 6 above).  If you do not cancel Services within 30 days after we give you notice of the change, then the change will become part of our agreement with you.  You agree that you are accepting such changes for yourself and any additional users of the Services using your Vehicle.

11.    Intellectual Property

The Services are protected by the United States and international copyright laws and may be subject to other intellectual property protections, including patent and trademark rights.  The information contained in the Services and all modifications, enhancements, and derivative works, including all related inventions, know-how, images, designs, photographs, writings, methodologies, documentation, reports, specifications, data generated from your use of the Vehicle and Services and analytics relating to such data, and all intellectual property rights relating to any of the foregoing (collectively, “Materials”) are the sole property of VWoA or its respective authorized licensors, sponsored parties, and/or content providers and are protected by copyrights, trademarks, trade secrets, and other proprietary rights.  You are granted permission to display, copy, distribute, download, and print Materials solely for the purposes of using the Services and other authorized uses described in these Terms of Service.  All copyright laws worldwide apply to use of the Materials and unauthorized use and/or copying is strictly prohibited.  Except as may be provided in these Terms, we do not grant any express or implied right in or under any patents, trademarks, copyrights, or trade secret information whatsoever.  All trademarks relative to the Services and Materials are the property of VWoA or other rights holders and may not be used without the prior consent of us, or from the rights holder.  “Volkswagen,” “VW,” “Car-Net,” and model names are registered trademarks of Volkswagen AG.  All other trademarks are property of their respective owners.  Copyright © 2024 Volkswagen Group of America, Inc.  All rights reserved.  You may not (or permit or cause any other party to) reproduce, copy, distribute, modify, make derivative works from, perform, broadcast, display, transmit, reuse, repost, use (except as expressly permitted herein), or claim any right in any aspect of the Services or the Materials, including the content, text, images, audio, and video without our express, prior written permission.

Any trademarks, logos, and service marks (collectively “Marks”) displayed in connection with the Services are the registered and/or unregistered trademarks of Volkswagen Group of America, Inc. or other third parties.  Nothing contained in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Mark or any variation thereof without the written permission of Volkswagen Group of America, Inc., or the other owner thereof.  Your use of Volkswagen Group of America, Inc.’s Marks is strictly prohibited.

11.1        Claims of Copyright Violations and Agent for Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information:

1.         An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2.         A description of the copyrighted work or other intellectual property that you claim has been infringed;

3.         A description of where the material that you claim is infringing is located (e.g., URL) with enough detail that we may find it;

4.         Your address, telephone number, and email address;

5.         A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

6.         A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

We suggest that you consult your legal advisor before filing a notice with our copyright agent.  You should be aware that there can be penalties for false claims under the DMCA.

Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email:  VWCustomerCARE@vw.com

By mail:  Volkswagen Customer CARE Center, 3800 Hamlin Road, Auburn Hills, MI 48326

Please note that, due to security concerns, attachments cannot be accepted.  Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

12.       Disclaimer of Warranties

NEITHER VWoA, ANY VW COMPANY, NOR OUR VW CAR-NET SERVICE PROVIDERS WARRANT OR GUARANTEE THAT SERVICES WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES, OR IN ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY, OR ERROR.  NEITHER VWoA, ANY VW COMPANY, NOR OUR VW CAR‑NET SERVICE PROVIDERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT:  (I) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICES, EXCEPT AS PROVIDED BELOW; (II) THE SERVICES, INCLUDING THE DURATION AND ONGOING AVAILABILITY OF SERVICES, AND THE TECHNOLOGIES UPON WHICH THE SERVICES RELY; (III) NONINFRINGEMENT; OR (IV) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICES.  THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, LONGEVITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.  ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE.  VWoA EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.  THE ONLY WARRANTIES APPLICABLE TO THE EQUIPMENT IN YOUR VEHICLE ARE THOSE PROVIDED AS PART OF YOUR PURCHASE OR LEASE OF YOUR VEHICLE.  SUCH WARRANTY DOES NOT COVER THE SERVICES, IN WHOLE OR IN PART.

13.       Limitation of Liability

BY ACCEPTING THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICES, WHICHEVER OCCURS EARLIER, YOU ARE WAIVING IMPORTANT RIGHTS AND YOU HEREBY PROVIDE YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US, THE VW COMPANIES, AND OUR VW CAR-NET SERVICE PROVIDERS.

Neither we, nor any VWoA company nor our Service Partners assume any risk or responsibility for your use of the Service, or any of the information or other content (including any POI or third-party advertisement) provided as part of the Service.  You acknowledge and agree that neither we, any VW Company, nor any of our Service Partners are liable 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, atmospheric conditions, acts of God or natural disaster, or by any other conditions or circumstances out of our control (as further described above in Section 3.7 of these Terms of Service).  Neither we nor any VWoA Company nor any of our Service Partners assume any responsibility or liability for the use or interpretation of any AI Feature(s) integrated into the Service, and we disclaim any liability for damages or losses resulting from the use or reliance on such AI Feature(s).

In addition, you acknowledge and agree that neither we, nor any VW Company, nor our VW Car-Net Service Providers are liable:  (i) for our inability to contact any VW Car‑Net Service Providers or other party in any particular situation (including any emergency personnel); (ii) for any act or omission of any other company, organization, or government entity furnishing a part of our Services or any equipment provided for such Services, including any such company, organization, or government entity’s decision to discontinue or sunset any technologies upon which the Services currently, or in the future, relies upon for operation; (iii) for errors or omissions of any Service Providers, vendors, dealerships, or manufacturers participating in offers made through us; or (iv) for any damages that result from or arise out of the use, installation, repair, or maintenance by you (or by any person you authorize) of the Equipment or Service, or any product or service provided by or manufactured by third parties.

IF VWoA, ANY VW COMPANY, AND/OR ANY OF OUR VW CAR-NET SERVICE PROVIDERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY VW COMPANY, AND OUR VW CAR-NET SERVICE PROVIDERS TO YOU AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE SERVICE RATES CHARGED TO YOU FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED.  YOU ACKNOWLEDGE AND AGREE THAT NEITHER VWoA, NOR ANY VW COMPANY, NOR ANY VW CAR-NET SERVICE PROVIDERS WOULD HAVE AGREED TO PROVIDE THE SERVICES OR EQUIPMENT TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF US, ANY VW COMPANY, AND OUR VW CAR-NET SERVICE PROVIDERS TO YOU.  

IN NO EVENT SHALL WE, ANY VW COMPANY, OR OUR VW CAR-NET SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY:  (I) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER VWoA, ANY VW COMPANY, OR OUR VW CAR-NET SERVICE PROVIDERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (II) ATTORNEYS’ FEES.  YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU.

You understand and agree that the VW Companies and our other Service Partners, including, without limitation, the Wireless Service Providers, shall have no legal, equitable, or other liability of any kind to you in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise relating to or arising from the Service and you waive any and all such claims or demands.  If any VW Company or any of our other Service Partners is involved in any problem, you also agree to any limitations of liability that such entity imposes on its customers.

14.       Indemnification; Release

You agree to defend, indemnify, and hold harmless VWoA, any VW Company, and any VW Car‑Net Service Providers, including Wireless Service Providers, and each of our or their respective affiliates, officers, directors, contractors, and employees from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands (including any costs, expenses, or attorneys’ fees on account thereof) (collectively “Claims”) irrespective of the nature of the cause of such Claims, alleging loss, costs, expenses, damages, or injuries (including, without limitation, Claims for libel, slander, or any property damage, personal injury, or death), arising in any way, directly or indirectly, in connection with your (or any occupant of your Vehicle) use of the Car-Net Services or your violation of these Terms of Service or your (or any occupant of your Vehicle) alteration, use counter to instructions, misuse, or failure to use the Services or Equipment.

You agree that the limitations of liability and indemnities in these Terms of Service for your conduct while these Terms of Service were in effect with you will survive even after your Service Plan has ended or the Services have terminated.  These limitations of liability apply not only to you, but to anyone using your Vehicle, the Equipment, or the Service, 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 any Service we or our Service Partners provide or the Equipment.

WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU FURTHER AGREE TO RELEASE VWoA, EACH VW COMPANY, AND EACH VW CAR-NET SERVICE PROVIDER FROM ALL CLAIMS, LIABILITIES, AND LOSSES IN CONNECTION WITH THE SERVICES AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DATA COMPROMISE, DATA COLLECTION, AND VEHCILE MONITORING CONDUCTED IN ACCORDANC WITH VWoA’S (PAST OR THEN-CURRENT) PRIVACY POLICY, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICES (INCLUDING IN AN EMERGENCY SITUATION THAT MAY INVOLVE THE FAILURE TO CONTACT APPROPRIATE EMERGENCY PERSONNEL OR A SITUATION WHERE THE I-BUTTON, WRENCH BUTTON, SOS BUTTON, OR OTHER SIMILAR VEHCILE FUNCTIONALITY FAILS TO OPERATE OR BE AVAILABLE), EVEN IF CAUSED BY THE DISCONTINUATION OF TECHNOLOGIES NOT CONTROLLED BY VWoA OR ANY VW COMPANY OR OTHER VW CAR-NET SERVICE PROVIDER, THE NEGLIGENCE OF VWoA, ANY VW COMPANY, OR ANY OTHER VW CAR-NET SERVICE PROVIDERS, OR THE MALFUNCTION OF THE EQUIPMENT.  YOU AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.

15.       Dispute Resolution

PLEASE FIRST CONTACT US FOR CUSTOMER SUPPORT IN THE EVENT OF ANY DISPUTE.  IF YOU ARE UNSUCCESSFUL IN RESOLVING YOUR DISPUTES BY COMMUNICATING BETWEEN US WITHIN A REASONABLE TIME PERIOD, YOU AND VWoA EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW: 

(I) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE BETTER BUSINESS BUREAU (“BBB”) UNDER BBB ARBITRATION RULES, AS MODIFIED BY THESE TERMS OF SERVICE.  BBB RULES AND FEE INFORMATION ARE AVAILABLE FROM US OR THE BBB.  ARBITRATION IS NOT A COURT PROCEEDING.  THE RULES OF ARBITRATION DIFFER FROM THE RULES OF COURT.  THERE IS NO JUDGE OR JURY IN AN ARBITRATION PROCEEDING;

(II) EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST VWoA, ANY VW COMPANY, OR ANY OF OUR VW CAR-NET SERVICE PROVIDERS, OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES, CONTRACTORS, OR PREDECESSORS IN INTEREST.  IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED.  IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED.  HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION; NO ARBITRATOR HAS THE AUTHORITY TO AWARD RELIEF IN EXCESS OF WHAT THESE TERMS OF SERVICE PROVIDE, OR TO ORDER CONSOLIDATION OR CLASS ARBITRATION, EXCEPT THAT AN ARBITRATOR DECIDING A CLAIM ARISING OUT OF OR RELATING TO A PRIOR AGREEMENT MAY GRANT AS MUCH SUBSTANTIVE RELIEF ON A NON-CLASS BASIS AS SUCH PRIOR AGREEMENT WOULD PERMIT.  IN ALL ARBITRATIONS, THE ARBITRATOR MUST GIVE EFFECT TO APPLICABLE STATUTES OF LIMITATIONS AND WILL DECIDE WHETHER AN ISSUE IS ARBITRABLE OR NOT.  IN A LARGE/COMPLEX CASE ARBITRATION, THE ARBITRATORS MUST ALSO APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSING PARTY MAY HAVE THE AWARD REVIEWED BY A REVIEW PANEL CONSISTING OF THREE ARBITRATORS; AND

(III) IN THE EVENT THE FOREGOING ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND VWoA EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES.

16.       Contact Information

For customer care issues or general inquiries regarding VW Car-Net, you may contact or notify us by using your Vehicle’s available technology (please consult your owner’s manual for more information) or by dialing 1-833-648-2735.  Such notices will be considered effective after we receive them.  Any notice we send will be sent to your last known billing address or email address as shown on our records for the VW Car-Net account.  It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times.  Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address that we have on file for you.  Any oral notices will be considered given when we call you or when you call us through the i-Button or toll free at 1-833-648-2735 and you speak with a live Car-Net Response Center representative.  Notices applicable to all users may be posted through the VW Car-Net Website or myVW App.

Calls with our customer service representatives, emergency personnel, or the police may be monitored or recorded for quality assurance, issue resolution, maintaining service, training, or promoting or providing services.  Our and our Service Partners’ customer service representatives may remain on the line while conferencing in a third-party to assist in completing a service request.  You (for yourself and your Vehicle’s occupants and anyone else acting or using the Service on your behalf):  (1) expressly consent to the monitoring and recording activities described herein, and (2) release us and our Service Partners from claims, liabilities, and losses resulting in connection with any such monitored and/or recorded communications.

17.       Miscellaneous Terms

17.1        The Laws Governing Our Relationship

To the fullest extent legally permissible, these Terms of Service and any disputes arising out of or relating to it, the Equipment, or Services will be governed by the laws of the Commonwealth of Virginia, wherever filed, without regard to conflicts of laws principles and subject to arbitration as set forth above.  In the event that the arbitration requirements of this agreement are inapplicable or unenforceable, any complaint or other legal action concerning these Terms of Service shall be interpreted under the laws of the Commonwealth of Virginia and shall be subject to the jurisdiction of the courts of the Commonwealth of Virginia. 

17.2        Entire Agreement

These Terms of Service (including the Service Plan as described on the VW Car-Net Website, VW Privacy Statement, and any other document or policy incorporated by or into this Agreement) is the entire agreement between you and us with respect to the Services or related use of the Equipment.  It supersedes all other agreements, communications, or representations, oral or written, between us, past or present, with respect to the Services or related use of the Equipment.  We are not responsible for any third-party statements, agreements, representations, warranties, or covenants, oral or written, including, without limitation, any statements from sources other than us, concerning or relating to the Equipment or the Services provided to you pursuant to these Terms of Service or your Service Plan, unless such statements, agreements, representations, warranties, or covenants are expressly contained in or incorporated by these Terms of Service or your Service Plan.

17.3        Effect of Termination or Non-Renewal of Terms of Service & Service Plan

Upon termination or expiration of these Terms of Service for any reason, you must immediately stop using the Services and your authorization to use the Services is automatically and immediately terminated.  All provisions of these Terms of Service which, by their nature survive termination or expiration, shall survive termination or expiration of these Terms of Service, including, but not limited to, the provisions concerning VWoA’s intellectual property, indemnification, disclaimers of warranty and liability, admissibility of these Terms of Service, severability, entire agreement, and governing law.

17.4        Waiver; Severability

No waiver of any part of these Terms of Service, or of any breach of it, in any one instance will require us to waive any other instance or breach.  If any part of these Terms of Service is declared invalid or unenforceable, all other parts of these Terms of Service are still valid and enforceable.

17.5        Relationship Between VWoA, Service Providers, and You

Notwithstanding anything else herein, these Terms of Service do not create any fiduciary relationships between you and us, or between you and any VW Company or any of our other VW Car-Net Service Providers.  These Terms of Service also do not create any relationship of principal and agent, partnership, or employer and employee between you and us, or between you and any VW Company or any of our VW Car-Net Service Providers.  These Terms of Service will also be binding on your heirs and successors and on our successors.

17.6        Third-Party Beneficiaries

Without limitation of anything else set forth herein and unless you enter into a direct contractual arrangement with a particular Service Partner, you have no contractual relationship whatsoever with any of our Service Partners, including Wireless Service Providers or Response Providers, and these Terms of Service do not give you any rights against any VW Company or any Service Partner.  You are not a third-party beneficiary of any agreement between us and any of our Service Partners.  None of our Service Partners has any legal, equitable, or other liability of any kind to you under these Terms of Service.  You expressly waive any and all claims or demands for such liability.  Our Service Partners are third-party beneficiaries of these Terms of Service.

17.7        Assignment by VWoA

We can assign these Terms of Service, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion.

17.8        Export

You agree to comply with all applicable trade regulations and export control laws, both domestic and foreign, and to allow any information you provide to be used for the purpose of ensuring export compliance.  The Equipment and the Service and any underlying information accessed or transferred by you using the Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730–774), as well as the import regulations of other countries.  You agree not to export or re-export any such Equipment, software, or information to any foreign country.  Any information transferred by you using the Services or the Equipment to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

17.9        Notice and Contact Information

It is your sole responsibility to ensure that we have the most up-to-date and accurate contact information for you at all times.  (i.e., email address, mailing address, mobile phone number).  Any notice we send you will be sent to your last known residence or electronic mail address as shown on our records.  Any written notice from us will be considered given when we send it by email to the email address you have provided to us that is then in our records, or two days after we mail it to you at the most current billing address we have on file for you.  Any oral notices will be considered given when we call you or when you call us toll-free at 1-833-648-2735 or you speak with a live customer service representative.

17.10        Questions

If you have any questions about these Terms of Services, the Services, Equipment, Service Plans, or any other aspects of this agreement, please contact a Car-Net Response Center representative at 1-833-648-2735.