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Terms and Conditions
American Family Insurance Usage Based Insurance Consumer Research Trial
This Enrollee Agreement (the "Agreement") is between "enrollee" an individual to whom this telematics device is provided, and American Family Mutual Insurance Company, I.S. and American Standard Insurance Company, 6000 American Parkway, Madison, Wisconsin 53783 (each individually a "Party", and together the "Parties"). The effective date of this Agreement shall be the same date this Agreement was accepted and acknowledged by the enrollee through the act of submitting the enrollment form.
American Family is in the business of providing automobile insurance products and is currently conducting a research project to investigate and analyze driving behavior and its relationship to risk characteristics. American Family, through this Agreement, agrees to allow the enrollee to use a telematics device ("the device") for the purpose of this study, The device will track and transmit vehicle location and driving events experienced by the vehicle and recorded via the vehicles onboard diagnostic computer during its operation By enrolling and installing the device, you agree that American Family and affiliated subcontractors can receive the data for the purpose of consumer research into driving behavior and risk.
The enrollee agrees to comply with the terms of this agreement and install the device as directed by American Family. The device remains the sole property of American Family. The device shall be installed only in the vehicle identified in the enrollment form. Enrollee must be a titled owner of the vehicle, or have permission from the titled owner in order to install the device in the vehicle of record as identified in the enrollment form. If the enrollee terminates their policy with American Family, or no longer wishes to participate in the research trial, enrollee will contact American Family customer support area to initiate the process for returning the device
The enrollee will be provided a user id and password with which to access an encrypted web-based portal to view their personal driving data. The user name and password will be released only to the enrollee. It is the enrollee's responsibility to protect their user name and password from unauthorized parties.
In consideration for participating in this research trial, the enrollee will receive $25.00 in the form of a debit card when the device is installed in their vehicle and able to transmit data. The participant will receive an additional $25.00 via a debit card upon receipt of the device upon trail completion and/or termination of the program by the enrollee due to failure to meet eligibility requirements.
The enrollee acknowledges and agrees that title to the device, inclusive of all hardware and embedded software, remains solely with American Family. The enrollee further acknowledges that American Family shall own all information and data captured by the device or disclosed or provided by enrollee ("Data"). American Family hereby grants the enrollee a non-exclusive, limited, revocable, non-transferable, non-sub licensable license to install and use the device as specified herein.
The data gathered from the device will not be associated with enrollee. For the purpose of the research trial the data will be analyzed in the aggregate and not used in rating. Participation in this program will in no way impact the enrollee's premium.
The enrollee shall have no right to and shall not allow others to: (a) reverse engineer, disassemble, decompile or otherwise attempt to derive, discover or reconstruct the device (b) remove, alter, cover or obfuscate any proprietary rights notices placed or embedded by American Family on the device; (c) alter, modify, adapt or create derivative works of the device; or (d) sell, sublicense, rent, loan, lease, distribute or otherwise dispose of the device
This Agreement shall be effective upon the acceptance of the enrollment request (via submitted enrollment form) and shall terminate on the earlier of owner's cancelation of the American Family insurance policy for vehicle associated with trial or enrollee's withdrawal from the trial. Notwithstanding the foregoing, the enrollee's obligations with respect to the return of the device in good condition shall survive the termination of this Agreement. If American Family determines noncompliance by the enrollee to the terms of this agreement, it may, in its sole discretion, immediately terminate enrollment and request return of the device. American Family will provide the enrollee with a pre-paid envelope for device return.
This Agreement shall be governed by the laws of the state of Wisconsin without reference to its conflict of laws provisions and enrollee further consents to exclusive jurisdiction of state and federal courts sitting in the state of Wisconsin.
American Family does not guarantee that the device and the use thereof will prevent high risk events, unsafe driving, collisions or other events will be prevented as a result of enrollee's use of the device. American Family also does not guarantee that all high risk events, collisions, unsafe driving or other events will be recorded. Although American Family makes every effort to ensure the quality of its equipment and the availability of it, certain events may occur which may adversely affect one or more of the components necessary to provide the service. As a result, American Family does not guarantee against failure of the device or guarantee full-time availability of the device or access to data.
End User has no contractual relationship with device manufacturer or the wireless provider and Enrollee is not a third-party beneficiary of any agreement between device manufacturer and wireless provider. Enrollee understands and agrees that the wireless provider or device manufacturer shall have no legal, equitable or other liability of any kind to the Enrollee.
Subject to FCC Number portability rules, Enrollee has no property or other rights in any Number assigned to it and Enrollee understands that any such Number can be changed from time to time.
Enrollee acknowledges that service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Network. Enrollee agrees that wireless provider or device manufacturer shall not be responsible for such interruptions of service or the inability to use the service within or outside the territory. Enrollee understands that such wireless provider cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the service.
Enrollee's service may be temporarily suspended or permanently terminated upon little or no notice in the event that device manufacturer's agreement with the wireless provider is terminated or in the event the Enrollee violates the wireless provider's acceptable use policy or other network rules and policies. Enrollee waives any and all claims against the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.
AMERICAN FAMILY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE DEVICE. AMERICAN FAMILY'S SOLE LIABILITY UNDER THIS AGREEMENT AND ENROLLEE'S EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE LIMITED TO REPAIR AND/OR REPLACEMENT OF THE DEVICE AT AMERICAN FAMILY'S SOLE OPTION AND ELECTION OR TERMINATION. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF ENROLLMENT.
ENROLLEE HEREBY ACKNOWLEDGES THAT AMERICAN FAMILY SHALL NOT BE LIABLE IN ANY RESPECT TO THE ENROLLEE OR PASSENGERS IN THE ENROLLEE'S VEHICLE FOR PROPERTY DAMAGE, PERSONAL OR BODILY INJURY OR DEATH OR OTHER DAMAGES ARISING OUT OF, PERTAINING TO, OR RESULTING IN ANY WAY FROM THE USE, POSSESSION OR INSTALLATION OF THE DEVICE. IN ADDITION, AMERICAN FAMILY SHALL NOT BE LIABLE IN ANY RESPECT FOR FALSE REPRESENTATION ON THE PART OF AN ENROLLEE, LOST OR STOLEN USER NAME AND PASSWORDS RESULTING IN UNAUTHORIZED ACCESS TO ENROLLEE DATA, OR INTENTIONAL MALICIOUS INTENT STEMMING FROM THE UNAUTHORIZED USE OF THE DEVICE. NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT SHALL AMERICAN FAMILY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ENROLLEE HERBY ACKNOWLEDGES THAT HE/SHE WILL CONTACT AMERICAN FAMILY UPON ANY SUSPECTED ISSUES AND/OR DAMAGES ASSOCIATED TO THE USE OF THE DEVICE PRIOR TO SEEKING ANY REPAIRS ANOD/OR OTHER REMEDIES. IN VERY ISOLATED INCIDENCES ASSOCIATED WITH CERTAIN VEHICLE MAKE AND MODELS, THE USE OF TELECOMMUNICATIONS DEVICES, CAN INTERFERE WITH A VEHICLE'S AUDIO EQUIPMENT PERFORMANCE. SHOULD THIS OCCUR, THE DEVICE SHOULD BE REMOVED IN ORDER TO RESTORE SOUND SYSTEM PERFORMANCE. THE ENROLEE WILL RECEIVE COMPENSATION FOR THE RESEARCH TRIAL.
BY ENTERING INTO THIS AGREEMENT, ENROLLEE AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS AND FURTHER REPRESENTS THAT ALL OF THE INFORMATION PROVIDED IN THE ENROLLMENT FORM IS TRUE AND ACCURATE AND THAT HE/SHE IS A TITLED OWNER OF THE VEHICLE OR ACTING WITH PERMISSION OF TITLE OWNER OF VEHICLE THAT WILL CARRY THE TELEMATICS DEVICE FOR THE DURATION OF THE RESEARCH TRIAL.
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