Terms of Service
List of Restrictions
Neither the Website nor any element thereof, including, without limitation, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted, or redistributed, except that you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only (which also excludes any use by any governmental, educational, charitable, or other institutional use that is not strictly a personal use by you), provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation. With respect to any software downloaded by you from the Website, such software, and all elements thereof, are licensed to you by Volkswagen of America, Inc. for your personal use only. You may not modify or prepare derivative works based upon the Website, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the Website.
Scope of Content
The products and programs mentioned on the Website are subject to availability. All prices shown are the U.S. Manufacturer's Suggested Retail Price ("MSRP") and do not include extra costs, such as, but not limited to, taxes, dealer charges, registration, and transportation. For specific product availability and program information, please visit your local authorized Volkswagen dealer.
Reservation of Rights
All rights, titles, and interests in and to this Website are owned by Volkswagen of America, Inc. The Website is protected by United States copyright law and international treaty provisions, including, without limitation, the Berne Convention. All trademarks, service marks, and trade names are proprietary to Volkswagen of America, Inc. In particular, the Volkswagen logo, the word "Volkswagen," all Volkswagen vehicle names, and the Volkswagen advertising slogan are registered trademarks. None of the items mentioned herein may be used without the express written consent of Volkswagen of America, Inc. All rights not expressly licensed hereunder are reserved by Volkswagen of America, Inc.
The Website and all elements thereof are provided on an "as is" basis without warranty of any kind, express or implied. Volkswagen of America, Inc. makes no representations about the suitability of the information, software, products, and services contained on the Website for any purpose Volkswagen of America, Inc. disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Volkswagen of America, Inc. does not warrant that the Website will operate or perform in a manner that is uninterrupted or error-free, or that the Website or host server will be maintained free of viruses or other harmful code. Volkswagen of America, Inc. makes no warranties that the information presented on the Website is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
Under no circumstance and regardless of legal theory, whether in tort, contract, or otherwise, will Volkswagen of America, Inc. be liable to you or any other party for an indirect, special, incidental, reliance, or consequential damages, however caused and regardless of character, including, without limitation, any damages relating to lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow the limitation of liability for consequential or indirect damages, so the foregoing limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the Website.
Zip Code Detection
You acknowledge and consent to the Website collecting your IP address via IP sniffing and mapping your IP address to a Zip code through a third-party database.
Do Not Track Signals
Some browsers have incorporated Do Not Track (DNT) preferences. Most of these features, when turned on, send signals to the website you are visiting that you do not wish to collection and use of data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.
Links to Third Parties' Websites
This Website may contain hyperlinks, which links you to other documents or Websites that are operated by third parties other than Volkswagen of America, Inc. Such hyperlinks are provided solely for your reference. Volkswagen of America, Inc. does not control such websites and is not responsible for their contents. Volkswagen of America, Inc.'s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Accordingly, you agree to hold harmless Volkswagen of America, Inc., its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from hyperlinking, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms of service.
Limit to Users Modification of These Terms of Service
This Website is presented by Volkswagen of America, Inc. from within the United States, and Volkswagen of America, Inc. makes no representation that materials in the Website are appropriate or available for use in locations outside the United States or Canada. Neither the Website, nor any underlying information or technology, may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United States has embargoed goods (for example, Cuba, Iran, Iraq) or to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any element of the Website, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the Website.
General Terms of Service
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement shall be deemed to have been made in the Commonwealth of Virginia, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the Commonwealth of Virginia, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Fairfax, Virginia, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the Michigan courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Volkswagen of America, Inc. as a result of this Agreement or use of this Website. You agree not to hold yourself out as a representative, agent, or employee of Volkswagen of America, Inc. and Volkswagen of America, Inc. shall not be liable for any representation, act, or omission made by you.
Volkswagen of America, Inc.'s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Volkswagen of America, Inc.'s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Volkswagen of America, Inc. with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you as a user of the Website and Volkswagen of America, Inc. with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Volkswagen of America, Inc. with respect to this Website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
As a condition of use of this Website, you agree to indemnify Volkswagen of America, Inc., its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from your use of this Website, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms of service.
Airbags are supplemental restraints only and will not deploy under all accident circumstances. Always use safety belts, and seat children only in the rear, using restraints that are appropriate for their size and age.
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:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- A description of the copyrighted work or other intellectual property that you claim has been infringed
- A description of where the material that you claim is infringing is located (e.g., URL), with enough detail that we may find it
- Your address, telephone number, and email address
- 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
- 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 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 Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
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.
Social Media House Rules
We're honored that you're a Volkswagen fan, and we look forward to hearing what you have to say. To ensure a positive online experience for the entire community, we may monitor and remove certain postings. "Play nice and have fun" is the short version of our rules. What follows is the longer version of rules for posts, communications and general behavior on Volkswagen social media sites: The following should not be posted on Volkswagen social media channels:
- Unauthorized commercial communications (such as spam)
- Viruses or other malicious code
- Content meant to bully, intimidate or harass any user
- Content that is hateful, threatening, discriminatory, pornographic, or that contains nudity or graphic or gratuitous violence
- Unconstructive, negative or derogatory comments
- Competitor material such as pictures, videos, or site link
- Links to purchase aftermarket products, parts, or any other unapproved commerce
- Content that infringes or violates someone else's rights or otherwise violates the law
- Personal, sensitive or financial information on this page (this includes but is not limited to email addresses, phone numbers, etc.)
- Repeat postings of unconstructive comments/statements
- Unlawful or misleading posts
All posts must be made by people ages 18 or older, unless posted with permission from parent or legal guardian.
If you are affiliated with Volkswagen (employee, agency, incentivized blogger/brand ambassador, etc.), you should identify yourself as such.
You may submit video content, links to third party websites, photographs and text, but you must have rights to this content. If you don't own it, don't post it.
Volkswagen staff reserves the right to remove any postings deemed to be inappropriate or in violation of these rules.
The following rules apply to all giveaways hosted by Volkswagen's Official Twitter Channel (@VW) unless specific giveaway rules are provided or otherwise stated.
No purchase necessary to participate or win. Void where prohibited by law. Open to legal U.S. residents, except employees and the families of Volkswagen Group of America, Inc., its parent, affiliates, subsidiaries, dealers and agencies ("Sponsor") Though Twitter is not involved in or affiliated with the Contest, Twitter's terms and conditions apply to all Tweets and use of Twitter.
Entry method stated in Tweet. Entry period ends at date and time stated in Tweet. Prizes listed in Tweet. Number of prizes is one (1) unless otherwise listed in Tweet. Winner(s) will be chosen in a random drawing from all eligible entries received by Sponsor or its designated agent, whose determinations are final. Winners will be notified by Tweet and must respond within 24 hours or another winner may be chosen. Odds of winning depend on number of eligible entries received. No cash substitutions for prizes and prizes are non-refundable and non-transferable except at sole discretion of Sponsor. Sponsor reserves the right to substitute prize of equal or greater value.
By entering you agree to Sponsor's use of your Tweet, Twitter icon and Tweet handle for promotional purposes without compensation. Winner's name, likeness, Tweets, Twitter icon and Tweet handles may be used for promotional purposes without additional compensation unless prohibited by law.
Winners release Sponsor and its agents from all claims and damages associated with the use of the prize. Subject to all federal, state and local laws. Void where prohibited or restricted by law. Sponsor: Volkswagen Group of America, Inc..
The following rules apply to all giveaways hosted by Volkswagen's Official Facebook Channel (Volkswagen USA) unless specific giveaway rules are provided or otherwise stated.
No purchase necessary to participate or win. Void where prohibited by law. Open to legal U.S. residents, except employees and the families of Volkswagen Group of America, Inc., its parent, affiliates, subsidiaries, dealers and agencies ("Sponsor") Though Facebook is not involved in or affiliated with the Contest, Facebook's terms and conditions apply to all messages, posts and use of Facebook.
Entry method stated in post. Entry period ends at date and time stated in post. Prizes listed in post. Number of prizes is one (1) unless otherwise listed in post. Winner(s) will be chosen in a random drawing from all eligible entries received by Sponsor or its designated agent, whose determinations are final. Winners will be notified by Comment and must respond within 24 hours or another winner may be chosen. Odds of winning depend on number of eligible entries received. No cash substitutions for prizes and prizes are non-refundable and non-transferable except at sole discretion of Sponsor. Sponsor reserves the right to substitute prize of equal or greater value.
By entering you agree to Sponsor's use of your Facebook post, Facebook picture and Facebook address for promotional purposes without compensation. Winner's name, likeness, posts, pictures and icon may be used for promotional purposes without additional compensation unless prohibited by law.
Winners release Sponsor and its agents from all claims and damages associated with the use of the prize. Subject to all federal, state and local laws. Void where prohibited or restricted by law. Sponsor: Volkswagen Group of America, Inc.
myVW Terms of Service
Effective March 22, 2022
Below for your convenience is a short summary of the Terms of Service set forth in this agreement. These highlights are not a substitute for the complete Terms of Service below, which constitute a legally binding agreement. Please review the full Terms of Service for details regarding your use of the Service (defined in Terms below).
- You will only use the Service in compliance with these Terms of Service (and will ensure the same for additional users).
- You will use your Vehicle in a safe and legal manner when using the Service.
- We may suspend, modify, or terminate the Service at any time.
- You may cancel the Service at any time.
- You are responsible for maintaining your Vehicle in good working order so that the Service can be provided.
- You may not use the Service for illegal, fraudulent, or abusive purposes.
- Information collected to provide the Service will be handled in accordance with our Privacy Statement.
- The Terms of Service for Volkswagen Car-Net® and Volkswagen Credit Inc. are separate, and you are responsible for compliance with either or both when using the respective offerings.
- The Service is provided “as is” without warranties of any kind and can be limited or discontinued at any time.
- We may update or modify the software used to provide the Service at any time, and we may do this remotely without notifying you or seeking your consent.
- These Terms of Service include an agreement to submit any dispute related to the Services or these Terms of Service to binding arbitration rather than proceeding in court. These Terms of Service also include a jury trial waiver and a class action waiver.
- By accepting the Terms of Service during our sign-up process or accessing or using the Service, you are indicating that you have read, understand, and agree to be bound by the Terms of Service set forth below.
- We can modify these Terms of Service at any time and such modifications will become effective and accepted by you upon the earlier of our posting on the website, your continued use of the Service, or following direct notice communication of the modification(s) to you.
Terms of Service
These Terms of Service govern your use of the myVW services, including account management (such as Volkswagen financial payments, add-on plan detail and dealer information); vehicle details (such as videos & guides, service scheduling, warranty information and personalized accessories) and offers, as well as managing your access to the Volkswagen Car-Net services (together the “Service”) available with your Volkswagen vehicle (your “Vehicle”) and the hardware and software in your Vehicle (“Equipment”). Volkswagen Car-Net and Volkswagen Credit Inc. while accessible and manageable through myVW are governed by separate Terms of Service available at here and here.
The Service is provided to you, the Vehicle owner, lessee, or driver (“you” or “your”) by Volkswagen of America, Inc. (“VWoA”, “we” or “us”), an operating division of Volkswagen Group of America, Inc. (“VWGoA”). These Terms of Service set forth the agreement between you and VWoA with respect to the Service and are legally binding. When you accept the Terms of Service during the earlier of completing our sign-up process or when you access or use the Service, you are indicating that you have read, understand, and agree to be bound by these Terms of Service. Once you accept these Terms of Service 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. In addition, your use of the Service is subject to the VWoA Privacy Statement. The current version of the Privacy Statement is available on VW.com. The parent, subsidiaries, and affiliates of VWoA, including but not limited to Volkswagen AG (together with VWoA, the “Volkswagen Companies”) are third-party beneficiaries under these Terms of Service and the protections set forth in these Term of Service, including without limitation, the disclaimers of warranties and limitations of liability, shall extend to them.
1. Changes to Terms of Service
We can change the Services at any time. We may also modify or update these Terms of Service from time to time and in the event of a change will notify you of such change by posting amended terms on the myVW website or otherwise communicating notice of such change(s) to the email address you list with your myVW account. It is your responsibility to review these Terms of Service periodically. Continued use of the Service will constitute acceptance of any change. But you may cancel your Services through your myVW account and terminate these Terms of Service by providing notice of termination to us within 30 days after we have given notice of a material change to these Terms of Service.
2. Registering with Us
In order to use the full features of the Service you will be required to create a myVW account at vw.com/owners. When you create an account, you must provide accurate and complete information; keep your account and password secure and not disclose them to anyone; and notify us immediately of any breach of security or unauthorized use of your Service or account using the contact information in Section 16 of these Terms of Service. You will be solely responsible for all activity in your account.
As a part of setting up your myVW account, you acknowledge and agree that you will need to accept or sign a contract that incorporates these Terms of Service on your own behalf or by authorizing your independent VWoA-authorized dealership (“Volkswagen Dealer”), your Volkswagen Customer CARE agent, or another individual, who will be the primary driver of the Vehicle, to act on your behalf.
When you register with us, you agree for your contact information to be used for: (i) recall and open campaign notification; (ii) survey invitations; (iii) marketing communications; or (iv) service reminders and other dealer service marketing. In addition, you agree for us to allow Volkswagen Customer CARE and Volkswagen Dealers to access your information in order to understand your purchase, support, and service history with the Volkswagen brand; Customer CARE or a Volkswagen Dealer may contact you based on this information; you may determine which Volkswagen Dealer can view your information by updating your Preferred Dealer in you myVW account. At any time, you may opt out of marketing communications or phone contact by (i) updating your communication preferences in your myVW account; or (ii) contacting Volkswagen Customer CARE.
In addition, as the owner of a Volkswagen vehicle, you can activate connected vehicle services from Volkswagen Car-Net within your myVW account to utilize available connected vehicle services. Acceptance of the separate Car-Net Terms of Service is required in order to use the connected vehicle services. In addition, use of connected vehicle services requires completion of the Car-Net activation and verification process.
3. Selecting Your Preferred Dealer
After you have created a myVW account, you can select your preferred dealer. This will: (i) enable you to schedule service with that dealer from your myVW account; (ii) populate offers from that dealer in your myVW account; (iii) inform which dealer is listed on email communications from VWoA; (iv) govern which dealer has access to your vehicle information; (v) and determine which dealer will send you service communications, such as service reminders, coordinated by VWoA.
4. Use of Your Vehicle Identification Number
When you provide your Vehicle Identification Number (VIN), you agree that VWoA can use this to provide you with information in your myVW account related to your vehicle; this information includes but is not limited to: (i) service history; (ii) warranty coverage status; (iii) carefree maintenance status; (iv) roadside assistance coverage status; (iv) VW Care maintenance status; (v) over-the-air update reports; and (vi) multi-point inspection reports.
5. Accessing Your VCI Account Through myVW
After you have created a myVW account, you can use the myVW web portal to access your Volkswagen Credit, Inc. information and manage your account, such as accessing your balance, paying your bills, and setting up automatic payments. While viewable from your myVW portal, the information in your VCI account will not be shared with VWoA and its affiliates. All VCI data will be governed by the VCI Privacy Statement and VCI Terms of Service found at www.vwcredit.com/Public/PrivacyNotice and www.vwcredit.com/public/onlineconsent
6. Termination, Suspension, Reactivation, Change and Transfer of Service
- Our Rights to Suspend or Terminate the Service
We can decide to either suspend or terminate the Service without warning, or issue a warning, at any time for any reason in our discretion, including for network or system maintenance, improvement, congestion, or failure or if we suspect your Service (in whole or in part) is being used for any unauthorized or inappropriate purpose, as a result of your breach of these Terms of Service or for reasons unrelated to you or your account with us. If suspension or termination of the Service occurs for any reason, you acknowledge and agree that you may not be able to access the Service, including the emergency services. In addition, if we are advised by your financing company or any Volkswagen Company that you no longer own or lease your vehicle, we may terminate your Service.
Availability of the Service is also subject to certain technologies or services (provided outside our control) remaining commercially available for the Service period and such availability is not guaranteed.
- Your Right to Cancel the Service
You may cancel the Service at any time by deleting your myVW account. Note that deleting your myVW account will deactivate your connected vehicle services from VW Car-Net. Please refer to your myVW account for more information.
- Reactivation of Service
If you voluntarily delete your myVW account, you can create another myVW account at any time. However, if your myVW account was terminated or suspended by us 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.
- Transfer of Service, Sale of Vehicle, Termination of Lease
If you sell your Vehicle or terminate your lease, you should delete the vehicle from your myVW account.
We may communicate with you about the Service by providing you with messages through the Equipment in your Vehicle. 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. 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.
7. Authority to Use, Terminate, Change or Transfer Your Service
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 Service. 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 Section 16 of these Terms of Service.
8. Your Responsibilities
- Your Responsibility for the Proper Operation of Your Vehicle and Proper Use of the Service
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF OR ANY RELIANCE UPON ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SERVICE IS SOLELY AND COMPLETELY AT YOUR OWN RISK AND RESPONSIBILITY. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU (AND/OR ANY OTHER OCCUPANT OF YOUR VEHICLE) FOLLOW INSTRUCTIONS FOR USE OF THE SERVICE AND EXERCISE GOOD JUDGMENT AND OBEY TRAFFIC AND ALL OTHER APPLICABLE LAWS AND REGULATIONS, WHEN OPERATING YOUR VEHICLE; USING THE EQUIPMENT AND SERVICE; AND/OR EVALUATING WHETHER THE USE OF ANY OF THE SERVICE (OR THE ROUTING AND DIRECTION DATA YOU RECEIVE) IS SAFE AND LEGAL UNDER THE CIRCUMSTANCES.
- Your Responsibility for Insuring Your Vehicle
The Service does 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 Service Partners.
- Your Responsibility for Maintaining Your Vehicle
In order for us to provide the Service, the Equipment in your Vehicle must be in good working order and your Vehicle must have a working electrical system and adequate battery power. The Service 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 Service. 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 in compliance with these Terms of Service and all applicable laws.
- No Illegal, Fraudulent or Abusive Use of the Service
You may not use the Equipment, the Service, the myVW portal on vw.com or the myVW mobile application, in any way that is illegal, fraudulent, or abusive, including to harass, threaten, abuse, defame, or slander, any individual or entity. You may use our emergency services only for actual emergencies and legitimate vehicle assistance needs. You may not use the Service in a manner that interferes with any other customer’s use of our Service or our provision of our Service to our other customers. You agree you will not abuse or do anything to damage our or any of our Service Partners’ respective business, operations, services, reputation, employees, equipment, property, or facilities. You further agree that you will not harass, threaten, or use vulgar and/or inappropriate language towards any customer service representatives.
- No Commercial Use or Resale of the Service
The Service, including the messages, data, information, content, or other material provided as part of the Service, are provided only for your non-commercial use, and not for re-sale. Certain information you receive through the Service belongs to us or our Service Partners (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 or resell or otherwise use the Service or any information provided through the Service for commercial purposes, nor may you reproduce, copy, modify, attempt to reverse engineer, make derivative works from, or otherwise display or distribute information provided through the Service.
- No Rights to Telephone Numbers or Other Addresses
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 Service. Any such number, address or identifier may be changed from time to time.
- Your Responsibility for Others Who Use Your Vehicle
You are solely responsible for those who use the Service in your Vehicle or use of 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, 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.
- 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 (800) 822-8987 to speak with a live customer service representative.
9. Use of Certain Service Features
Please see the separate Volkswagen Car-Net Terms of Service to understand specific connected vehicles services and features, such as locating a lost or stolen Vehicle, emergency assistance and service and content providers.
10. How the Service Works, Our Service Partners, Restrictions and Limitations
- Our Service Partners
We work with many different companies, individuals, and government entities to provide you with the Service. These parties are collectively referred to in these Terms of Service as our “Service Partners.” In some cases, one or more of the Volkswagen Companies may be a Service Partner. In the event any of our Service Partners impose additional terms and conditions on the services they provide, by accessing such services you agree to comply with any additional terms and conditions imposed by them, which will be available on the myVW website.
We use software in connection with the Service. We (or our Service Partners) 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 Service as permitted in your Service Plan and these Terms of Service. We (or our Service Partners) may update or modify the software contained in your Vehicle’s systems or the Equipment from time to time, and we may do this remotely without notifying you or seeking your consent. These software updates and modifications may affect or erase data that you have previously stored on the Equipment in your Vehicle (such as specific route or destination information). We 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 Service.
- Events Beyond Our Control
Various conditions beyond our control may prevent or delay us from providing Service to you or affect the quality of the Service. Some examples are atmospheric, geographic, or topographic conditions (such as tall buildings, hills, or tunnels), damage to or failure to maintain your Vehicle or the Equipment in good working order, government laws, rules or regulations, failure, congestion, or outages of utility or wireless networks (including interruption of cellular service), war, act of God, natural disaster, inclement weather, and labor strikes. In the event of any of the foregoing, we may, in our discretion, suspend or terminate the Service (in whole or in part) or terminate your Service Plan, without notice to you and without any liability. We are not responsible for delay or failure in providing Service due to conditions beyond our control and you are not entitled to credit or refund as a result of any such delay or failure.
In the event of any regulatory, governmental or other legally-compelled changes, or discontinuation or change of necessary telecommunications systems and services (e.g., if our Wireless Service Provider terminates or restricts wireless services of the type used by your Vehicle’s Equipment), you are solely responsible for replacing, as well as the cost of replacing, any Equipment that is necessitated as a result of such change or discontinuation, except that if such change occurs during your Vehicle’s base warranty period, while you will still be responsible for the cost of such replacement, we will be responsible for obtaining and providing you with the necessary replacement materials (if applicable).
- 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 Service. We do not represent or guarantee that such software will recognize or work with your or others’ voices, accents, or speech patterns, or recognize some or all words, some or all of the time.
12. Disclaimer of Warranties
NEITHER WE NOR OUR SERVICE PARTNERS WARRANT OR GUARANTEE THAT SERVICE WILL BE AVAILABLE AT ANY SPECIFIC TIME OR AT ALL TIMES OR TO ANY GEOGRAPHIC LOCATION, OR THAT THE SERVICE WILL BE PROVIDED WITHOUT INTERRUPTION, DELAY OR ERROR. NEITHER WE NOR ANY OF OUR SERVICE PARTNERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED ABOUT (1) THE EQUIPMENT OR ANY OTHER HARDWARE OR SOFTWARE USED WITH THE SERVICE, (2) THE SERVICE, (3) NONINFRINGEMENT, OR (4) ANY DATA OR INFORMATION OR OTHER SERVICES PROVIDED THROUGH THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF SECURITY, TITLE, CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THESE TERMS OF SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES.
The only warranties applicable to the Equipment in your Vehicle are those extended as part of your purchase or lease of your Vehicle. Such warranty does not cover the Service, in whole or in part.
13. Limitation of Liability
BY ENTERING INTO THESE TERMS OF SERVICE OR BY USING THE EQUIPMENT OR SERVICE, YOU ARE WAIVING CERTAIN RIGHTS, AND YOU ARE PROVIDING YOUR EXPRESS CONSENT TO VARIOUS ACTIONS TO BE TAKEN BY US, VOLKSWAGEN COMPANIES AND OUR SERVICE PARTNERS (AS DESCRIBED HEREIN).
Neither we, nor any Volkswagen Company nor our Service Partners assume any risk or responsibility for your use of the Service, or any of the information or other content provided as part of the Service. You acknowledge and agree that neither we, any Volkswagen 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 9(e) of these Terms of Service).
In addition, neither we, any Volkswagen Company nor our Service Partners are liable (1) for our inability to contact any Service Partner or other party in any particular situation (including any emergency personnel), (2) for any act or omission of any other company furnishing a part of our Service or any equipment provided for such Service, (3) for errors or omissions of any vendors, dealers or manufacturers participating in offers made through us, or (4) 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 WE, ANY VOLKSWAGEN COMPANY AND/OR ANY OF OUR SERVICE PARTNERS ARE FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF US, ANY VOLKSWAGEN COMPANY AND OUR SERVICE PARTNERS TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE 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 SERVICE THAT ARE THE SUBJECT OF THE CLAIM FOR THE PERIOD OF SERVICE DURING WHICH ANY RESULTING DAMAGES OCCURRED. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY VOLKSWAGEN COMPANY, NOR ANY SERVICE PARTNER WOULD HAVE AGREED TO PROVIDE THE SERVICE 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 VOLKSWAGEN COMPANY, AND OUR SERVICE PARTNERS TO YOU.
IN NO EVENT SHALL WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE (REGARDLESS OF WHETHER WE, ANY VOLKSWAGEN COMPANY OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) ATTORNEY'S 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 Volkswagen 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 Volkswagen 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 indemnify and hold harmless us, each Volkswagen Company and each of our Service Partners, including Wireless Service Providers, and each of our or their respective affiliates, officers, directors, agents, partners 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) 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 Service or Equipment.
You agree that the limitations of liability and indemnities in these Terms of Service will survive even after your Service Plan has ended and your Service has 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 US, EACH VOLKSWAGEN COMPANY AND EACH SERVICE PARTNER
FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SERVICE AND/OR EQUIPMENT, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR DATA COMPROMISE, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF CAUSED BY THE NEGLIGENCE OF US, ANY VOLKSWAGEN COMPANY OR ANY OTHER SERVICE PARTNER, 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
YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTES IN THIS MANNER WITHIN A REASONABLE TIME PERIOD, YOU AND VWOA EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:
(1) 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;
(2) 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 VOLKSWAGEN COMPANY OR ANY OF OUR SERVICE PARTNERS, OR ANY OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, LICENSORS, EMPLOYEES 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;
(3) NO ARBITRATOR HAS 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 (3) ARBITRATORS; AND
(4) 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
You may notify us by postal mail (Volkswagen Customer CARE, 3800 Hamlin Road, Auburn Hills, MI 48326), phone at 1 (800) 822-8987, or by electronic means (via the vw.com website). Such notices will be considered effective after we receive them.
Any notice we send you will be sent to your last known residence or electronic mail address as shown on our records. 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 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 (800) 822-8987, or you speak with a live customer service representative.
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
- The Laws Governing Our Relationship
These Terms of Service and any disputes arising out of or relating to it or the Equipment or Service 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. Complaints, arbitration or other legal actions involving California customers will be interpreted under the laws of the State of California and will be subject to the jurisdiction of the courts of the California county in which the customer primarily uses the Service.
- Entire Agreement
These Terms of Service (including the separate Volkswagen Car-Net Agreement, Privacy Statement and any other document or policy incorporated by this Agreement) is the entire agreement between you and us. It supersedes all other agreements, communications, or representations, oral or written, between us, past or present. We are not responsible for any statements, agreements, representations, warranties, or covenants, oral or written, including, without limitation, any statements from third parties, concerning or relating to the Equipment or the Service 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 incorporate by these Terms of Service. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by contacting us via the contact information below.
- Effect of Termination of Terms of Service
Even if you delete your myVW account and discontinued use of the Service, the provisions of these Terms of Service will continue to govern any disputes arising out of or relating to it. These Terms of Service will also be binding on your heirs and successors and on our successors. In addition to any other provisions identified herein as surviving termination, the following provisions of these Terms of Service shall survive termination: Sections 4, 5, 6, 7, 8, and 11 through 17.
- 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.
- Relationship Between Parties
Notwithstanding anything else herein, these Terms of Service do not create any fiduciary relationships between you and us, or between you and any Volkswagen Company or any of our other Service Partners. 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 Volkswagen Company or any of our Service Partners.
- Third-Party Beneficiaries
Without limitation of anything else set forth herein, you have no contractual relationship whatsoever with any of our Service Partners, including Wireless Service Providers, and these Terms of Service do not give you any rights against any Volkswagen 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.
The Service may offer or contain links to other sites, including, among others, those of advertisers, other third parties, and companies whose trademarks may appear on the site. We are not responsible for the information collection practices or the content of the sites to which we link or for content and information collection practices of the Web sites and online services belonging to our Service Partners.
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.
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 Service 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 Service or the Equipment to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
- Your Comments
We welcome feedback concerning this Terms of Service. Please contact us with your comments and questions at 1 (800) 822-8987.
For more information, call 1 (800) 822-8987 or go to www.vw.com/contact.
"Car-Net" is a registered trademark of Volkswagen Group of America, Inc.
Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. "Android" and "Google" are trademarks or registered trademarks of Google Inc.
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