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SUBARU STARLINK Services Agreement
Terms and Conditions
Effective as of August 13, 2024
Effective as of October 1, 2024, for existing STARLINK subscribers who enrolled before August 13, 2024
Welcome to SUBARU STARLINK®. The SUBARU STARLINK Services Terms and Conditions (the “Terms” or the “Agreement”) apply to use of the SUBARU STARLINK Services (the “Services”), whether through a trial or paid subscription (“Service Plan”). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE CONTACT US IMMEDIATELY AT 1-855-753-2495 TO DEACTIVATE YOUR SERVICES. If you activate, receive, use, accept or otherwise access SUBARU STARLINK Services, you accept and agree to be bound by these Terms and Conditions. See Section 3A of this Agreement for information on the duration of SUBARU STARLINK Services.
SECTION 16 OF THIS AGREEMENT AFFECTS YOUR RIGHTS BY REQUIRING THAT DISPUTES BE RESOLVED INDIVIDUALLY IN BINDING ARBITRATION OR SMALL CLAIMS COURT. DISPUTES IN ARBITRATION AND SMALL CLAIMS COURT ARE RESOLVED WITHOUT A JURY TRIAL AND WITH LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.
These Terms are the agreement between you and us regarding our provision of the SUBARU STARLINK Services. As used in this Agreement, the terms “you” and “your” shall be deemed to refer to, and this Agreement shall be binding upon, any person or entity who has purchased or leased a new, used or certified pre-owned Subaru vehicle (a “Vehicle”) equipped with, or uses as a driver or occupant (e.g., additional drivers, passengers) of your Vehicle, the SUBARU STARLINK Services and/or has activated the SUBARU STARLINK Services pursuant to Section 1A of this Agreement. Also, as used in this Agreement, the terms “we,” “us,” “our”, “Subaru”, and “SUBARU STARLINK” shall be deemed to collectively refer to Subaru of America, Inc. and its affiliates, subsidiaries, parent company, successors and assigns and Subaru distributors and dealers in the United States. In addition, the following persons and entities are intended third party beneficiaries of this Agreement (i) Service Providers (as defined below) and their affiliates, successors and assigns; (ii) SUBARU STARLINK Agents and their affiliates, successors and assigns; and (iii) any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing.
PLEASE READ ALL PAGES OF THIS AGREEMENT COMPLETELY BEFORE USING ANY SUBARU STARLINK SERVICES AND KEEP A COPY FOR YOUR FILES. READ AND KEEP A COPY OF ANY ADDITIONAL SUBARU STARLINK DOCUMENTS GIVEN OR SENT TO YOU. ANY SUBARU STARLINK DOCUMENTS (REGARDLESS OF WHETHER THEY STATE THEY BECOME PART OF YOUR SUBARU STARLINK AGREEMENT) ARE AUTOMATICALLY DEEMED A PART OF THIS AGREEMENT IF YOU ACCEPT ANY OF THE SERVICES SUCH DOCUMENTS DESCRIBE.
Your SUBARU STARLINK subscription may automatically renew under these Terms. In order to receive the Services, you must be enrolled in an active Service Plan. If your Service Plan includes a trial period, in order to continue your Services upon expiration of the trial, you must purchase a Service Plan subscription. Upon expiration of each paid subscription, your Service Plan will automatically renew for one year, and your account will be billed the annual or monthly subscription rate in effect at the time of renewal unless you cancel your subscription prior to that renewal. You may cancel at any time by calling 1-855-753-2495 or through your MySubaru account, which can be accessed online or through the MySubaru app by selecting Manage Subscriptions in the menu.
We may monitor or record conversations between you, another driver of your vehicle, or your vehicle’s occupants and the SUBARU STARLINK agent, between you, another driver of your vehicle or your vehicle’s occupants and the interactive voice-recognition systems or calls that occur outside the vehicle to or from our contact centers. BY ENROLLING IN THE SERVICES, YOU CONSENT TO SUCH MONITORING AND RECORDING ON BEHALF OF YOURSELF AND ANYONE USING OR OCCUPYING YOUR VEHICLE. THIS CONSENT IS INTENDED TO BE CONTINUOUS AND APPLY TO ALL SUCH CONVERSATIONS WITH OUR CONTACT CENTERS OVER TIME.
You can contact us at any time by phone: 1-855-753-2495; by mail: Subaru of America, Inc., P.O. Box 9103, Camden, NJ 08101-9877, Attn: Customer/Dealer Service; or by pressing the SUBARU STARLINK iCall button in your Subaru vehicle and talking to a SUBARU STARLINK Agent. Certain information referenced in this Agreement is available online at mySubaru.com and at Subaru.com.
1. SERVICE REQUIREMENTS AND SERVICE PROVIDERS.
A. Eligibility and Activation. You must be at least 18 years old, or the age of majority as determined by the laws of your state of residency, to assume the obligations set forth in this Agreement. To use the SUBARU STARLINK Services, your Vehicle must come with an authorized SUBARU STARLINK system (the “System”), which is the equipment, including current hardware and software, used to provide the SUBARU STARLINK services to your Vehicle. If your vehicle is not equipped with the required current hardware and software, you may be responsible for the cost of updating the system to activate and use services. Additionally, you must have an active subscription to receive the SUBARU STARLINK Services. YOU CAN ONLY RECEIVE AND USE SUBARU STARLINK SERVICES BY ACCEPTING THIS AGREEMENT. SUBJECT TO APPLICABLE LAW, YOU ACCEPT THIS AGREEMENT AND START YOUR SUBARU STARLINK SERVICES SUBSCRIPTION WHEN THE EARLIEST OF THE FOLLOWING OCCURS: WHEN YOU SIGN A CONTRACT THAT INCLUDES THIS AGREEMENT, OR WHEN YOU COMPLETE AND ELECTRONICALLY SIGN THIS AGREEMENT ONLINE, VIA THE MYSUBARU MOBILE APP, OR AT YOUR DEALERSHIP, OR WHEN YOU SPEAK WITH A SUBARU STARLINK AGENT OR AUTOMATED SYSTEM TO REGISTER FOR SUBARU STARLINK SERVICES, OR WHEN YOU (OR SOMEONE YOU AUTHORIZE TO USE YOUR VEHICLE) USE THE SUBARU STARLINK SERVICES OR ACCEPT ANY OF ITS BENEFITS (INCLUDING USING A VEHICLE WITH AN ACTIVE SUBARU STARLINK SYSTEM). IF YOU DO ANY ONE OR MORE OF THESE FOUR THINGS TO ACCEPT, YOU ARE BOUND BY THIS AGREEMENT AND ANY LATER CHANGES OR AMENDMENTS TO IT.
B. Service Providers. SUBARU STARLINK Services are provided to you on behalf of Subaru. To provide those Services, Subaru interacts with and/or engages various third-party providers as necessary to provide the SUBARU STARLINK Services. These third-party providers include any person, company, or entity who provides any service, equipment, or facilities in connection with the SUBARU STARLINK Services or the SUBARU STARLINK System, including, but not limited to, wireless service providers, underlying wireless carriers, suppliers, licensors, public safety answering points, emergency responders and other service providers (such as police, fire and ambulance), towing companies, auto makers, distributors and retailers (dealers). Such third-party providers are referred to in this Agreement as “Service Provider(s)”. A Service Provider may receive and respond to your requests for SUBARU STARLINK Services through an automated operator or through specially trained personnel known as “SUBARU STARLINK Agents”.
SUBARU STARLINK Agents connect you or your Vehicle to other Service Providers such as the police, fire department, or ambulance service. The SUBARU STARLINK Agents will use reasonable efforts to contact appropriate Service Providers for help when you ask for it or when the SUBARU STARLINK System in your Vehicle signals for it, but it cannot be promised that any Service Providers will respond in a timely manner or at all. The laws in some places require an emergency to be confirmed before emergency Service Providers will provide service. We will not contact emergency Service Providers in these locations in response to an emergency button press (SOS button) if we cannot hear your request for assistance or otherwise confirm that an emergency exists. We also may not contact emergency Service Providers in any location in response to emergency button presses from cars situated in locations which reasonably indicate that an emergency is unlikely such as car dealerships, rental car companies, car washes or your address if we cannot hear your request for assistance. We will assume an emergency exists if the SUBARU STARLINK Customer Care center receives a crash notification signal from your Vehicle.
2. FEES, PAYMENT, BILLING AND TAXES.
A. Fees and Billing. The current fee and payment schedule for your Service Plan, including any trial period, if applicable, is set forth in your Subscriber Agreement. Unless otherwise indicated at the time of enrollment, payment for the Services is due in advance, and you are required to place a valid credit card on file to receive the SUBARU STARLINK Services. All Service Plan payments included in Vehicle lease or finance agreements are governed by the payment terms set forth in this Agreement. By providing payment account information to us, you represent that you are an authorized user of such payment account. Upon expiration of any pre-paid subscription period shown in your Service Plan, your account will be automatically charged monthly or annually, as applicable, for one year of SUBARU STARLINK Services at the rate and term applicable at the time of renewal. The price of your Service Plan may change over time, and your renewal will be charged at the rates then in effect for your Service Plan. Unless the SUBARU STARLINK Services are cancelled by you or us as allowed by this Agreement, we will continue to charge the payment account you provided, or a substitute account provided by you or your card issuer. If a credit card is not provided for Services, it will be your responsibility to provide one at the time of expiration in order to continue Services. WE MAY RECEIVE UPDATED CREDIT CARD INFORMATION FROM YOUR ISSUER. Your credit card issuer may give you the right to opt out of the update service.
B. Your Payment Obligations. Payment for SUBARU STARLINK Services must be made in U.S. Dollars. Depending on the Service Plan you choose, you will have different payment responsibilities, but you must always pay on time and (unless the law provides otherwise) in full in accordance with the Service Plan you have selected. If your credit, bank or debit card provider refuses a charge or an automated withdrawal, we can also terminate or suspend your Service. If you object to any fees or charges for services billed by or through us, you must tell us in writing within 60 days after the fee or charge is incurred (unless the law does not allow a time limit or the law requires a longer period), OR YOU WILL AUTOMATICALLY WAIVE THE DISPUTE. You are responsible for paying directly to all Service Providers all charges for services furnished by them that are not expressly covered by your Service Plan.
C. Fleet Vehicles. If you are a fleet management company leasing the Vehicle to an organization (the “Lessee”) that in turn provides the Vehicle to one of its employees or other representatives (the “Driver”) as a company car, you agree to obtain the Lessee’s and Driver’s written acceptance of these Terms and further agree that you will also be bound by these Terms on your and on the Lessee’s and Driver’s behalf, regardless of whether you are listed as the owner of the Vehicle. The Lessee and Driver of the Vehicle are also directly bound by the terms and conditions of this Agreement whether or not you have obtained their written acceptance of them.
If you are a driver of a fleet vehicle that has active SUBARU STARLINK services, you are bound by the terms and conditions of this Agreement.
D. Taxes and Other Fees. You promise to pay all taxes, fees, and surcharges set by the government and charged to you by us. We may not tell you in advance of changes to these items. We may charge additional fees related to our costs (or the costs of our Service Providers) to comply with government regulations. These can include items such as Federal Universal Service Charges, 911-related assessments or charges, false alarm fines and/or alarm permit fees, and other charges related to governmental costs. Where allowed by law, we may set these charges, and to the extent they are not taxes or required by law, we may keep them in whole or in part. Such charges are subject to change.
3. SERVICE DURATION AND CANCELLATION.
A. Duration. Your SUBARU STARLINK Services start as set out above and continue for the length of time specified in your Service Plan (the “Initial Service Period”). If the Initial Service Period includes a trial period, for continued access to the Services beyond the trial period, you will be required to provide a payment method and purchase a subscription as set forth in Section 2A. AFTER THE EXPIRATION OF YOUR PRE-PAID SUBSCRIPTION PERIOD, THEN YOUR SERVICE PLAN WILL AUTOMATICALLY RENEW FOR SUBSEQUENT MONTHLY OR ANNUAL RENEWAL PERIODS, AS APPLICABLE, UNLESS AND UNTIL IT IS CANCELLED BY YOU OR US AS ALLOWED IN THIS AGREEMENT. YOUR PAYMENT ACCOUNT WILL BE AUTOMATICALLY CHARGED THE FEES FOR THE MONTHLY OR ANNUAL SUBSCRIPTION AT THE TIME OF RENEWAL AS DESCRIBED ABOVE.
B. Your Cancellation and Refund Rights. You can cancel your SUBARU STARLINK Services by calling SUBARU STARLINK Customer Care at 1-855-753-2495 or through your MySubaru account. You will be required to provide your password/PIN or other authenticating information requested by the SUBARU STARLINK Agent in order to cancel service. You promise to notify us promptly if you sell your Vehicle, its lease ends, or it is destroyed by casualty by calling 1-855-753-2495 or via your MySubaru account and cancelling your subscription.
When you cancel your SUBARU STARLINK Services, you cancel only future charges associated with your subscription. The cancellation will become effective at the end of your current billing period.
In order to avoid future charges, you must cancel your subscription prior to the end of your current subscription period. This applies regardless of whether you purchased your subscription by credit card or leased or financed as part of your vehicle purchase. You can find your subscription period in your MySubaru account. If you cancel prior to the deadline, you will not be charged and you will continue to have access to your SUBARU STARLINK Services for the remainder of your subscription period. For subscriptions that are canceled within a free trial period, your cancellation will become effective immediately.
EXCEPT AS OTHERWISE STATED IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE.
IF YOUR VEHICLE IS LOST, STOLEN, SOLD OR OTHERWISE TRANSFERRED, YOU MUST CANCEL YOUR SUBSCRIPTION OR YOU WILL REMAIN RESPONSIBLE FOR THE PAYMENT OBLIGATIONS FOR YOUR SERVICE PLAN UNDER THESE TERMS.
If you cancel your subscription or if your subscription is cancelled under these Terms, we have the right to turn off your SUBARU STARLINK System and you will have to pay for any reactivation.
C. Our Cancellation and Suspension Rights. We reserve the right to cancel your Services subscription at any time for any reason in our sole discretion. If we cancel your SUBARU STARLINK Services without cause, we will give you notice 30 days prior to the effective date of cancellation after which your account will be deactivated, and your SUBARU STARLINK Services will terminate. We may also terminate your access to the Services without prior notice if your Vehicle, the SUBARU STARLINK System or any other equipment in or connected to your Vehicle is malfunctioning in a manner that creates a nuisance for us or any Service Provider or if your Vehicle’s hardware or software is no longer supported by us or our Service Providers. In either of these cases, we will refund any amounts you have paid in advance for the SUBARU STARLINK Services (other than any payment that was included in the purchase or lease price of your Vehicle), but not for the SUBARU STARLINK System.
We may cancel your SUBARU STARLINK Services without prior notice to you if we have received information that establishes you are no longer the owner/lessee of your Vehicle or the vehicle has been reported as a Total Loss by third-party reporting agencies, and in such case, we will not refund any prepaid amounts to you unless you notify us as provided in Section 3B above. We may also cancel your SUBARU STARLINK Services without prior notice to you for any good cause, including, without limitation, if you breach any part of this Agreement; do not pay amounts that are due, interfere with our efforts to provide service, or interfere with our business; or if your SUBARU STARLINK Services or wireless phone number is used for illegal or improper purposes. You have no right to have the SUBARU STARLINK Services reactivated, even if you cure any of these problems. Whether to allow you to have SUBARU STARLINK Services again will be entirely up to us. In the event we cancel your SUBARU STARLINK Services for good cause, we will not refund any prepaid or unused portions of your services fees.
We can suspend your SUBARU STARLINK Services for any of the same reasons we may cancel them. We can also suspend the Services for network or system maintenance or improvement, or if there is network congestion, or if we suspect your SUBARU STARLINK Services are being used for any improper purpose.
4. TRANSFERRING, REACTIVATING OR CHANGING YOUR SERVICE.
Unless we agree otherwise, your SUBARU STARLINK Services are not transferable to another Vehicle or another person. We will only accept requests to activate, cancel, change or reactivate your STARLINK Services from you or an additional authorized user of legal age listed on your account (or from someone we believe is your authorized agent), and you agree to pay any charges associated with these requests.
5. CHANGES TO THIS AGREEMENT.
We reserve the right to change, amend, or make additions to this Agreement at any time, after giving 30 days’ notice to you (or such longer period as required by law). If we make any changes, amendments, or additions to this Agreement that, in our sole judgment, would have an adverse effect on your use of the Services, or if any such change materially affects your rights under this Agreement, or negatively impacts your SUBARU STARLINK Services in a material way, or results in higher fees being charged to you by SUBARU STARLINK, we will provide you with notice of such change in writing, which may include by electronic mail. We will notify you of any other changes by publishing a notice of the change or a revised version of these Terms on the SUBARU STARLINK customer web portal located at MySubaru.com or Subaru.com. You agree that we may use any credit or debit card or other payment method of yours that we have on file for payment of such charges. AFTER RECEIVING NOTICE OF A CHANGE THAT MATERIALLY AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT, NEGATIVELY IMPACTS YOUR STARLINK SERVICES IN A MATERIAL WAY, OR RESULTS IN HIGHER FEES BEING CHARGED TO YOU, YOU MAY CANCEL YOUR SUBARU STARLINK AGREEMENT OR AGREE TO THE CHANGE. IF YOU DO NOT CANCEL YOUR SUBARU STARLINK AGREEMENT WITHIN 30 DAYS OF THE DATE OF THE NOTICE, THEN YOU WILL BE AGREEING TO THE CHANGE AND IT WILL AUTOMATICALLY BECOME PART OF THIS AGREEMENT. You can obtain a copy of the current SUBARU STARLINK Services Terms online at MySubaru.com or at Subaru.com.
6. SPECIAL INFORMATION ABOUT SERVICE AND SYSTEM LIMITATIONS.
A. Availability. SUBARU STARLINK Services are only available while traveling in the United States, including Hawaii and Alaska, and in Canada. SUBARU STARLINK Services work using wireless communication networks and the Global Positioning System (“GPS”) satellite network. NOT ALL SUBARU STARLINK SERVICES ARE AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS, OR ON ALL VEHICLES, AT ALL TIMES. The area that you are driving in may affect the type or quality of service that we can provide to you, including, but not limited to, routing service. Additionally, some SUBARU STARLINK Services may not be fully available if the GPS system is not working (map CD or DVD may be required). Certain programming limitations of the GPS system may impair our ability to determine your vehicle’s precise location.
B. Technology and Communications. SUBARU STARLINK Services cannot work unless your Vehicle is in a place where we have an agreement with a wireless service provider for service in that area. SUBARU STARLINK Services also cannot work unless you are in a place where the wireless service provider, we have retained for that area has coverage, network capacity, and reception when the SUBARU STARLINK Services are needed, and has the current required technology that is compatible with the SUBARU STARLINK Services. SUBARU STARLINK Services that involve location information about your Vehicle cannot work unless GPS satellite signals are unobstructed, available in that place and compatible with the SUBARU STARLINK System.
C. Vehicle and Equipment. The SUBARU STARLINK Services are provided using an embedded telematics device installed in your Vehicle which receives GPS signals and communicates with the SUBARU STARLINK Customer Care center via wireless and landline communications networks. The SUBARU STARLINK System is not intended to place or receive personal calls and may only place calls to our Service Providers as permitted under this Agreement. YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER) FOR THE SUBARU STARLINK SYSTEM TO OPERATE. You may need to increase the volume of your radio to hear operator services or automated voice delivered services from the SUBARU STARLINK System. Your SUBARU STARLINK System needs to have the current required technology and be compatible with the SUBARU STARLINK Services and the wireless service and technology provided by us. If your vehicle’s hardware and/or software is no longer compatible with the SUBARU STARLINK services, you may be responsible for the cost of updating the hardware and/or software to allow SUBARU STARLINK services to work. SUBARU STARLINK Services may not work if your SUBARU STARLINK System is not properly installed by an authorized installer, or if you have not maintained it and your Vehicle in good working order and in compliance with all government regulations. If you try to add or modify any equipment or software in your Vehicle including the SUBARU STARLINK System, the SUBARU STARLINK Services may not work, and we may terminate your SUBARU STARLINK Services. Subaru cannot guarantee the performance of any devices not supplied by Subaru of America, Inc or its affiliates. Additionally, third party devices (such as some driver monitoring or third-party OBD-II port devices), may interfere with the proper function of certain vehicle features, including the Subaru STARLINK® system. Customers may, at their own discretion, use those devices, but if they create interference with the vehicle or the STARLINK® system’s operation, the system may not operate properly, and the warranty may not offer relief for the conditions that result from such usage. If your Vehicle does not have an ignition cycle after 48 hours, certain SUBARU STARLINK Services may not be available until the Vehicle is started. In order for your Vehicle to receive certain remote service commands, including Destination to Vehicle, an ignition cycle is required.
D. Geography and Environment. Factors beyond our control may prevent us from providing SUBARU STARLINK Services to you at any particular time or place or may impair the quality of the SUBARU STARLINK Services. Some examples are the presence of hills, tall buildings, tunnels, weather, damage to important parts of your Vehicle in an accident or otherwise, or wireless network congestion.
E. Available Information. The SUBARU STARLINK Services may be limited to geographic areas where map data and emergency (911) contact information is available in our databases, which may be less than that which is otherwise generally available. Additionally, the SUBARU STARLINK Services may be limited based on the information provided by Service Providers. Routing data that we provide to you is based on the most current map information available to us or our Service Providers but may be inaccurate or incomplete. In addition, traffic, weather and other events may cause road conditions to differ from the result generated. Therefore, you should always use good judgment, obey traffic and roadway laws and instructions, and evaluate whether it is safe and legal based on current traffic, weather and other conditions to follow any guidance provided by the Services.
F. Outside Our Control. SUBARU STARLINK is not responsible for any delay or failure in performance if such failure or delay could not have been prevented by reasonable precautions. Additionally, SUBARU STARLINK is not responsible if such failure or delay is caused by acts of nature, or forces or causes beyond our reasonable control. Examples include public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labor shortages or difficulties (regardless of cause), tornadoes, blizzards, or equipment failures including Internet, computer, telecommunication or other equipment or technology failures.
7. SPECIAL NOTICES.
A. Software, Hardware and Equipment Updates. SUBARU STARLINK Services involve software and firmware that we may need to periodically be updated or changed. By using SUBARU STARLINK, you agree that Subaru may remotely access your vehicle to assess your current software or firmware version, download, and install automatic Updates to your in-vehicle touchscreen display and/or data communication module (“DCM”), without providing prior notice. Such changes may affect or erase data you have stored on the SUBARU STARLINK System in your Vehicle. We are not responsible for any lost data. You do not own the SUBARU STARLINK software or acquire any rights to use, modify, or reverse engineer the SUBARU STARLINK software or hardware on your own. Your Vehicle’s systems also involve software that Subaru may need to change from time to time. You agree to allow this to be done remotely without your consent. If your vehicle’s hardware and/or software is no longer compatible, you may be responsible for the cost of the system updates to allow SUBARU STARLINK services to work.
B. Telecommunications/GPS Changes. The SUBARU STARLINK System uses digital wireless telecommunications technology and GPS technology that are outside of our control. Telecommunications technologies have been known to change over time, resulting in the obsolescence of certain telecommunications networks. If the telecommunications technology or GPS technology used by your SUBARU STARLINK System changes in a way that results in incompatibility of those technologies with your SUBARU STARLINK System, then your SUBARU STARLINK System will not work and we may be forced to cancel your SUBARU STARLINK Services or you may be responsible for the cost of any updates to the hardware and/or software to continue using the SUBARU STARLINK services.
C. Wireless Carriers. You do not have any right in the wireless phone number(s) assigned to your SUBARU STARLINK System. We can change the number at any time. As a condition to providing wireless service, the wireless carrier requires that you agree to the following terms. You agree that you have no contractual relationship whatsoever with the wireless carrier and that you are not a third-party beneficiary of any agreement between SUBARU STARLINK or any Service Provider and any wireless carrier. IN ADDITION, YOU AGREE THAT THE WIRELESS CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU, INCLUDING ANY REIMBURSEMENT FOR THE COST OF THE VEHICLE’S DATA COMMUNICATIONS MODULE.
8. SPECIAL INFORMATION AND AGREEMENTS ABOUT CERTAIN SERVICES.
Please review the packages available at https://www.subaru.com/subaru-starlink/starlink-safety-and-security.html to see what services are included.
A. Automatic Collision Notification and Assistance & SOS Emergency Assistance. When we receive an emergency signal from your Vehicle, we will first attempt to verify your emergency, and then if appropriate, contact third party emergency responders to respond to your emergency. You understand that we cannot assure you, or make any guarantees, about the manner or timeliness of such third-party response or even whether third party emergency responders will in fact respond to your emergency at all or in a timely manner. YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER) FOR THE AUTOMATIC COLLISION NOTIFICATION AND SOS FEATURES TO OPERATE. In the event we have received an Automatic Collision Notification from your Vehicle, diagnostic alerts from your Vehicle will be disabled for the next thirty (30) days to prevent those alerts from being generated during the Vehicle repair process.
B. Stolen Vehicle Locator. If your Vehicle is stolen, we can try to locate it. Before we try to do so, you will need to file a stolen vehicle police report with the local authorities and be able to verify your identity to us. We will ask for information about the police report you filed and verify with the local authorities that they are treating the Vehicle as stolen. For your safety and the safety of others, we will only provide location information about stolen vehicles to the police. A Vehicle immobilizer function can be activated only at the request of the local police and your authorization will be required to initiate all stolen vehicle services. Once your Vehicle is placed in Stolen Vehicle Recovery Mode, certain remote services will be suspended until you notify us that Stolen Vehicle Recovery Mode can be removed. We will not continue to try to locate your Vehicle after seven days from the time you first report it stolen, and we cannot guarantee that we will find it. You may request one additional seven-day extension, after which we will cease any efforts to locate your Vehicle. We also are not required to try to find your Vehicle to locate a person. We will only provide stolen vehicle location service for your Vehicle to an authorized third party, which means only you or an authorized user of legal age listed on your account, a government entity pursuant to a valid court order or other official governmental action.
C. Vehicle Locator. You understand that your choice to activate this service when available allows you to remotely monitor information about your Vehicle’s location, even if someone other than you is driving or occupying your Vehicle. You agree to adhere to the terms of this Agreement regarding informing other users and occupants of your Vehicle about the SUBARU STARLINK Services and system features and limitations. Please also see Section 10 of this Agreement (Privacy). This service requires you to establish and use a PIN each time it is accessed, and is limited to activation by web or mobile app. You understand that anyone who has access to your password/PIN may use this service, and that it is your responsibility to protect your password/PIN.
D. Remote Door Unlock/Lock. This service requires you to establish and use a PIN each time it is accessed, whether by operator, web, mobile app or phone. We will provide assistance to anyone who can provide us your password/PIN or other satisfactory identification of your account. If Remote Door Unlock is unsuccessful, we may contact roadside assistance or emergency Service Providers to help you upon request.
E. Remote Horn & Lights. It is your responsibility prior to activating Remote Horn & Lights to ensure that doing so will not violate any regulation, ordinance or other law applicable where your Vehicle is located at time of activation. This service requires you to establish and use a PIN each time it is accessed, whether by operator, web, mobile app or phone. We will provide assistance to anyone who can provide us your password/PIN or other satisfactory identification of your account.
F. Remote Engine Start (with Climate Control). SUBARU STARLINK Remote Start service is separate from any remote start function on your Vehicle’s key fob and may not be available in all vehicles. It is your responsibility prior to activating Remote Start, to ensure that your Vehicle is parked and in the proper gear, under conditions that make it safe to start the engine, as well as to ensure that starting your Vehicle remotely will not violate any regulation, ordinance, or other law applicable where your Vehicle is located at time of activation. In order to drive the Vehicle, the key must be present. This service requires you to establish and use a PIN each time it is accessed, whether by operator, web, mobile app or phone. We will provide assistance to anyone who can provide us your password/PIN or other satisfactory identification of your account.
G. Diagnostic and Maintenance Alerts. Your Vehicle may only send diagnostic trouble codes to the SUBARU STARLINK Services that result in a dashboard warning light. In some instances, multiple codes may be generated for the same occurrence. The current diagnostic status of your Vehicle presented online and in your monthly vehicle report may be delayed. You should visit a qualified repair facility for a complete and current diagnostic status of your Vehicle. SUBARU STARLINK is authorized to process and transmit diagnostic and maintenance information to Subaru retailers. This service is provided to you as a courtesy for your convenience only, and the Vehicle owner is responsible for maintaining the Vehicle in accordance with the schedule published in the warranty and maintenance booklet.
H. Wi-Fi Services. Wi-Fi is only available on select vehicles. Consult your Vehicle Owner’s Manual for applicability. Purchasing Wi-Fi services binds you contractually with the SUBARU STARLINK Wireless Carrier. A separate contract is required with the SUBARU STARLINK Wireless Carrier and you are responsible for adhering to all requirements and contractual terms and conditions of the agreement. We reserve the right to request information from the Wireless Carrier regarding your account for the purposes of checking account active/non-active status, service activity reporting, confirming/troubleshooting functionality of the Wi-Fi Services in your Vehicle or for other purposes.
I. Enhanced Roadside Assistance. The enhanced aspect of Roadside Assistance is the availability of GPS location. Your Vehicle must have a working electrical system (Including adequate battery power and Network connectivity) for this enhanced feature to operate.
J. Vehicle Alerts (Boundary Alert, Speed Alert, and Curfew Alert). You understand that your choice to activate these services, when available, allows you to remotely monitor information about your Vehicle’s location, speed, and Ignition on/off timing, even if someone other than you is driving or occupying your Vehicle. You agree to adhere to the terms of this Agreement regarding informing other users and occupants of your Vehicle about the SUBARU STARLINK Services and system features and limitations. Please also see Section 10 of this Agreement (Privacy).
K. Destination to Vehicle/Phone. Destination to vehicle services requires embedded navigation in the vehicle. Consult your vehicle Owner’s Manual for applicability. For your Vehicle to accept destinations, an Ignition On cycle is required. If your Vehicle is not equipped with an embedded navigation system, a destination can be sent to a mobile device. When using Destination to Phone services, data rates and other standard mobile device restrictions will apply.
L. Vehicle Condition Check. You agree that your choice to activate these services, when available, allows you to remotely monitor information about your Vehicle’s condition, even if someone other than you is driving or occupying your Vehicle. You agree to adhere to the terms of this Agreement regarding informing other users and occupants of your Vehicle about the SUBARU STARLINK Services and system features and limitations. Please also see Section 10 of this Agreement (Privacy).
M. Service In-Vehicle Appointment Scheduler. This service, when available, is provided to you as a courtesy for your convenience only, and the Vehicle owner is responsible for maintaining the Vehicle in accordance with the schedule published in the warranty and maintenance booklet. This service requires your Vehicle to have a working electrical system, including adequate battery power and adequate network connectivity, for the feature to be operational.
N. Daylight Savings Time: Notifications and preferences set up via the customer web portal do not account for daylight savings time. Based on your geographic location, you may have to adjust your settings.
O. Drive Data Recorder: This service is available to monitor the performance of your vehicle during standard driving conditions. This service will monitor vehicle operational statuses such as driving activity, battery usage, and YOUR LOCATION DATA. The data that can be recorded may vary depending on the capabilities of the vehicle. This informational data may be retained by Subaru of America, Inc. for service and mechanical analysis, as well as future improvements, research and development. Advanced Diagnostic Notifications will not be available while the Drive Data Recorder is active.
P. Trip Logs and Driving Journals. If you initiate this service in your MySubaru Mobile Application, it will track and record the driving history of the vehicle for ALL operators of the vehicle. This service will monitor vehicle operational statuses such as, but not limited to your odometer readings. YOUR LOCATION DATA will be collected when your ignition is turned on, periodically throughout the trip, and when the ignition is turned off. The data that can be recorded may vary depending on the capabilities of the vehicle. This data may be retained by Subaru of America, Inc. for research and development, general customer support, and customer access and utilization within the MySubaru Account.
Q. Valet Mode Remote Passcode Reset. Vehicles equipped with Valet Mode Service include the ability to reset the passcode in the vehicle’s General Valet Mode Settings. If the vehicle is subscribed to the appropriate STARLINK Safety & Security Plan, you will have the ability to reset your passcode remotely through the MySubaru Mobile Application. You are responsible for the protection of your passcode. Anyone who has access to your passcode may be able to access the SUBARU STARLINK Features in your vehicle's SUBARU STARLINK system, and we have no responsibility for nor obligation to inquire about the authority of anyone using your passcode or other information that can be used to access your vehicle’s SUBARU STARLINK system. You are responsible for safeguarding your passcode and for any usage initiated by Authorized Drivers who have been given access to your vehicle. YOU HAVE THE OBLIGATION TO PROTECT YOUR PASSCODE FROM UNAUTHORIZED USE.
R. SMS Terms and Conditions. Please refer to the SMS Terms and Conditions for terms applicable to promotional and transactional, operational, or informational text messages.
S. Subaru Live Traffic. Vehicles equipped with an embedded navigation system and capable of Subaru Live Traffic service provide the ability to subscribe to Subaru Live Traffic. A free trial period will be available with vehicle purchase and require a credit card at the time of enrollment. If you do not cancel before the end of the trial period, the subscription will automatically renew each month thereafter and your credit card will be charged monthly. Price is subject to change. You can cancel anytime through your MySubaru account. Upon cancelling Subaru Live Traffic, you will receive Subaru Live Traffic services for the remainder of the paid period and the service will not renew for the next pay period. No refunds will be available when Subaru Live Traffic services are cancelled.
T. Automatic Emergency Stop Notification. Vehicles with an active STARLINK Safety Plus subscription and equipped with Advanced Adaptive Cruise Control and the Emergency Stop Assist feature have the ability to automatically initiate an in-vehicle call to a STARLINK Customer Care Agent if the Emergency Stop Assist feature is activated in the vehicle. When we receive an emergency signal from your Vehicle, we will first attempt to verify your emergency, and then if appropriate, contact third party emergency responders to respond to your emergency. You understand that we cannot assure you, or make any guarantees, about the manner or timeliness of such third-party response or even whether third party emergency responders will in fact respond to your emergency at all or in a timely manner. YOUR VEHICLE MUST HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER) FOR THE AUTOMATIC EMERGENCY STOP NOTIFICATION TO OPERATE. In the event we have received an Automatic Emergency Stop Notification from your Vehicle, diagnostic alerts from your Vehicle will be disabled for the next thirty (30) days to prevent those alerts from being generated during the Vehicle repair process.
9. YOUR RESPONSIBILITIES
A. Working System/Registration. The SUBARU STARLINK System in your Vehicle may have been activated in transit from the manufacturer to your retailer and may still be active. You understand and accept that your Vehicle may transmit its location or emergency-related data prior to your completion of your enrollment. Any transaction with anyone but us that you carry out using SUBARU STARLINK Services, and any use that you make of any information received from or through any SUBARU STARLINK Services, is entirely your responsibility. You act at your own risk.
B. Passwords/PINs. You promise to be fully responsible for the protection of your password/PINs. Anyone who has access to your password or PINs may be able to access the SUBARU STARLINK Features and Account, SUBARU STARLINK customer web portal, and SUBARU STARLINK Mobile App, and we have no responsibility for nor obligation to inquire about the authority of anyone using your password/PINs or other information that can be used to identify your account to request SUBARU STARLINK Services for your Vehicle. You are responsible for safeguarding your security PIN/Passwords and for any service usage and account changes initiated by Authorized Users who have been given access to your account and/or vehicle. YOU HAVE THE OBLIGATION TO PROTECT YOUR USERNAME, PASSWORD AND PIN FROM UNAUTHORIZED USE.
C. Proper Use of the Services. You are responsible for ensuring safety and compliance with all regulations, ordinances and other laws applicable to your Vehicle. You promise to use SUBARU STARLINK emergency and roadside services only for actual emergencies and roadside assistance needs. You promise not to use the SUBARU STARLINK Services for any fraudulent, unlawful, or abusive purpose, or in any way that is not described in materials provided by us to you or that interferes with our provision of services to you or to our other customers. You promise you will not abuse or do anything to damage our business operations, services, reputation, employees or facilities. If you do any of these things, you agree to indemnify, defend and hold us harmless from and against any and all costs, expenses (including attorneys’ fees), losses, damages and other liabilities which arise from or in connection with a claim or demand that any third party makes against us, which results in whole or in part from that use or misuse, or your actions or failure to act. The SUBARU STARLINK SERVICES is for the use of you and the occupants of your Vehicle only and you may not resell the SUBARU STARLINK Service to any other party.
D. Safeguarding and Use of Others’ Information. Certain information you receive through your SUBARU STARLINK Services belongs to us or third parties who provide it through us. It may be covered by one or more copyrights, trademarks, service marks, patents, trade secrets or other legal protections. You promise not to use any content you receive through SUBARU STARLINK except as expressly authorized by us. You cannot license, lease, sell, resell, have licensed, have leased, have sold or resold, or otherwise transfer or convey any of it or use it for commercial purposes. You agree you will not copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it. Certain Service Providers impose further terms and conditions on providing services (for example, the end user terms covering navigation and location data). By using the SUBARU STARLINK Services, you also agree to be bound by those additional terms and conditions. You can access these additional terms and conditions online at mySubaru.com, or request a copy by emailing us, calling us, or writing to us at the information provided above.
E. Other Users/Occupants of Your Vehicle. You promise to educate and inform all users and occupants of your Vehicle about the SUBARU STARLINK Services and system features and limitations. If you designate an individual as an “Authorized User” via your MySubaru account, you promise to educate and inform that person about the SUBARU STARLINK Services, system features, limitations and terms and conditions. All Authorized Users will be bound by the terms and conditions in this Agreement.
YOU ARE SOLELY RESPONSIBLE FOR ANY USE OF SUBARU STARLINK SERVICES IN YOUR VEHICLE, EVEN IF YOU ARE NOT THE ONE USING IT, AND EVEN IF YOU LATER CLAIM THE USE WAS NOT AUTHORIZED. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING YOUR VEHICLE, THROUGH SUBARU STARLINK.
We have no obligation to inquire about the authority of anyone using your Vehicle. If you, another driver or a passenger of your Vehicle uses the SUBARU STARLINK System to commit a crime or for another improper purpose, you agree to indemnify, defend and hold SUBARU STARLINK harmless from and against any and all costs, expenses (including attorneys’ fees), losses, damages and other liabilities which arise from such improper use.
10. PRIVACY
A. Your Rights. The Subaru Privacy Policy governs our use and protection of your personal information. We may change that policy at any time. You can access the current policy online at MySubaru.com or at Subaru.com. Comments or inquiries about the Subaru Privacy Policy should be directed to 1-800-782-2783. You may review, modify, correct, or update the information you provide us at any time on mySubaru.com or by emailing us, calling us, and writing to us or by pressing the SUBARU STARLINK “i” Button in your Vehicle and speaking to a SUBARU STARLINK Agent.
B. Information Collected and Used by Us. In providing the SUBARU STARLINK Services to you, we may collect and retain an electronic or other record of certain information including: your Vehicle’s description, LOCATION, speed, time of travel, service data, diagnostics, repair data, quality assurance data, mechanical condition or incidents involving your Vehicle, information about anyone making a SUBARU STARLINK call from your Vehicle or under your account; the date, time and duration of call and any SUBARU STARLINK Agent notes written during a call. YOU AGREE THAT WE MAY RECORD OR MONITOR YOUR VEHICLE’S LOCATION or other information when (1) you or other occupants in your Vehicle request SUBARU STARLINK Services, including but not limited to Vehicle Locator; (2) your airbag deploys or a severe impact occurs, (3) your Vehicle is equipped to provide stolen vehicle recovery and you report your Vehicle to the police as stolen; (4) as required by applicable state and federal laws, rules and regulations; (5) while diagnostic trouble codes are being transmitted; (5) at Vehicle ignition off events; (6) when Trip Logs or Driving Journals are activated, or (6) as otherwise stated in the Agreement. Your Vehicle may also be equipped with one or more sensing or diagnostic modules capable of automatically retrieving, recording, transmitting, or storing certain vehicle data, such as trouble codes, tire pressure, battery voltage, coolant temperature, and service requirements. We may collect and retain data from any such modules in your vehicle.
We use the information we collect from you or occupants of your Vehicle, INCLUDING YOUR LOCATION DATA, among other things, to deliver the SUBARU STARLINK Services to you, notify you that your vehicle should be taken to a dealership for maintenance, perform diagnostics, repairs, or quality assurance services, manage your SUBARU STARLINK account, improve occupant and vehicle safety, analysis and research purposes, improve your SUBARU STARLINK Services experience at Subaru dealers and enhance your overall ownership experience. We will not sell or rent your information to others without your authorization. We have physical, electronic and procedural safeguards in place to reasonably mitigate the loss, misuse, and alteration of the information under our control. We share the information we collect, INCLUDING YOUR LOCATION DATA, with Service Providers for purposes of providing the SUBARU STARLINK Services, maintaining your account, or for any of the purposes listed above. We may also share information as necessary with third parties for analysis and research purposes and may share your personal and Vehicle information with Service Providers to permit them to market services for your Vehicle to you (such as wireless data plans for the Wi-Fi hotspot). All Service Providers or third parties are contractually obligated to keep your information confidential if it is identifiable to you and use such information only as we specify. We may also share your Location data with insurance providers only if you have provided your prior express consent. We may also disclose information to individuals designated by you to be contacted in an emergency. You agree we may release information, INCLUDING LOCATION DATA, to comply with the law, in legal proceedings, to respond to subpoenas or court orders, in cooperation with law enforcement agencies, and to enforce the terms of this Agreement. Any data which we collect or which you provide to us which is not identifiable to you, including functionality use, statistics, performance data, and quality metrics, shall be owned by us.
If the Vehicle you are operating is a Fleet Vehicle provided to you as a company car, the fleet management company leasing the Vehicle to your employer as well as your employer have the ability to monitor the LOCATION of your Vehicle.
C. Monitoring and Recording. We or our Service Providers may monitor and record conversations between us and our Service Providers’ respective service centers and your Vehicle’s occupants, as well as any conversations between us and our Service Providers’ service centers and you or others contacting the service centers to discuss your account outside of the Vehicle. YOU CONSENT, ON BEHALF OF YOURSELF, ALL OCCUPANTS OF YOUR VEHICLE, AND ANYONE ENGAGED IN A CONVERSATION WITH A SERVICE PROVIDER ABOUT YOUR VEHICLE OR YOUR ACCOUNT, TO THE MONITORING AND RECORDING OF ALL CONVERSATIONS BETWEEN THE SERVICE CENTERS AND SUCH PERSONS AND YOU RELEASE SUBARU AND ANY SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT FROM ANY SUCH MONITORED AND/OR RECORDED CONVERSATIONS. Call recordings may be shared with third parties. Additionally, if your Vehicle is equipped to provide stolen vehicle recovery services and your Vehicle is stolen, a SUBARU STARLINK Agent may determine the location of the Vehicle, without the occupants’ knowledge, in order to assist in recovering the Vehicle. SUBARU STARLINK may also be legally required to provide location data and other information obtained through the SUBARU STARLINK System to law enforcement agencies. YOU RELEASE US AND ANY THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING OUT OF THE DISCLOSURE OF INFORMATION UNDER THOSE CIRCUMSTANCES.
D. Your Consent. YOU CONSENT ON BEHALF OF YOU AND OCCUPANTS IN YOUR VEHICLE TO WIRELESS COMMUNICATION BEING CONDUCTED IN YOUR VEHICLE TO ENABLE OUR SERVICE PROVIDERS TO DELIVER THE SUBARU STARLINK SERVICE TO YOU AND OCCUPANTS IN YOUR VEHICLE. YOU, ON BEHALF OF YOU AND OCCUPANTS IN YOUR VEHICLE, ALSO CONSENT TO THE COLLECTION, RECORDING AND USE OF THE INFORMATION DESCRIBED IN THIS AGREEMENT AND RELEASE SUBARU STARLINK FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING OUT OF THE COLLECTION AND USE OF THIS INFORMATION. YOU AGREE THAT WE MAY CONTACT YOU IN YOUR VEHICLE BY VOICE CALL OR BY IN-VEHICLE MESSAGING, BY ELECTRONIC MAIL, TEXT NOTIFICATION, PUSH NOTIFICATION OR BY TELEPHONE AT ANY NUMBER WE HAVE ON FILE FOR YOU, AND, IN SOME CIRCUMSTANCES, BY PRERECORDED MESSAGE, EVEN IF DOING SO MAY RESULT IN ADDITIONAL TELECOMMUNICATIONS FEES OR CHARGES TO YOU, TO DISCUSS YOUR ACCOUNT, OFFER UNSOLICITED PROMOTIONS, OR TO DELIVER SERVICES.
11. NO WARRANTIES.
Warranties are special kinds of promises. YOUR VEHICLE’S LIMITED WARRANTY DOES NOT COVER THE SUBARU STARLINK SERVICES OR THE WIRELESS SERVICE, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN ADDITION, SUBARU STARLINK CANNOT PROMISE UNINTERRUPTED OR PROBLEM-FREE SERVICE, AND CANNOT PROMISE THAT THE DATA OR INFORMATION PROVIDED TO YOU WILL BE ERROR-FREE. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN “AS IS” BASIS. SUBARU STARLINK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SUBARU STARLINK SYSTEM, THE SUBARU STARLINK SERVICES AND ANY DATA AND INFORMATION AND SERVICES PROVIDED THROUGH IT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT. THE UNDERLYING WIRELESS CARRIER DOES NOT WARRANT THAT END USERS CAN OR WILL BE LOCATED USING THE SERVICE.
12. LIMITATIONS OF LIABILITY.
YOU AND WE ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, WE EACH AGREE AS FOLLOWS:
A. WE ARE NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER WE CONTACT FOR YOU OR YOUR VEHICLE, OR FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION.
B. WE ARE NOT LIABLE TO YOU FOR (1) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR OR THE OCCUPANTS OR YOUR VEHICLE’S USE OF THE SUBARU STARLINK SYSTEM OR SUBARU STARLINK SERVICE, OR (2) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE SUBARU STARLINK SYSTEM, (3) SERVICE CANCELLATION FOR REASONS MENTIONED IN THE ABOVE, OR (4) DISCONTINUATION OF HARDWARE AND/OR SOFTWARE COMPATIBILITY OR AVAILABILITY.
C. THE MAXIMUM AGGREGATE LIABILITY OF SUBARU, THE WIRELESS CARRIER AND ANY OTHER SERVICE PROVIDER TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO THE GREATER OF (I) $500 OR (II) THE TOTAL AMOUNT PAID BY YOU FOR THE PORTION OF THE SUBARU STARLINK SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE DATE YOUR CLAIM AROSE. YOU AGREE THAT SUBARU STARLINK WOULD NOT HAVE AGREED TO PROVIDE SUBARU STARLINK SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF SUBARU STARLINK AND ANY OTHER THIRD-PARTY BENEFICIARIES TO YOU AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.
D. NEITHER YOU NOR WE CAN RECOVER (1) PUNITIVE OR EXEMPLARY DAMAGES, (2) TREBLE, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, OR (3) ATTORNEY'S FEES (EXCEPT IN CONNECTION WITH INDEMNIFICATION CLAIMS AS PROVIDED IN THIS AGREEMENT). YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, ACTUAL, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT.
E. WE HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS OF 30 DAYS OR LESS. TO RECEIVE SERVICE CREDIT FOR LONGER INTERRUPTIONS, YOU MUST NOTIFY US WITHIN 60 DAYS AFTER THE TIME WHEN THAT SERVICE INTERRUPTION STARTED. EXCEPT FOR ANY CREDITS PROVIDED VOLUNTARILY BY US FOR A DROPPED CALL, OR CREDITS FOR INTERRUPTED SERVICE AS DESCRIBED ABOVE, NO ONE IS LIABLE TO YOU FOR DROPPED CALLS OR INTERRUPTED SERVICE, OR FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER, OR ANY OTHER THINGS SUBARU STARLINK IS UNABLE TO CONTROL.
F. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE TO EXCUSE ANY NON-PERFORMANCE BY US CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND THE CONTROL OF SUBARU STARLINK.
G. IF ANOTHER WIRELESS SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY THAT IT IMPOSES ON ITS CUSTOMERS.
H. YOU AGREE THAT SUBARU STARLINK IS NOT LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN DATA OR INFORMATION TRANSMITTED THROUGH THE SUBARU STARLINK SYSTEM.
I. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER AND YOU ARE NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN SUBARU AND THE UNDERLYING CARRIER. YOU UNDERSTAND AND AGREE THAT THE UNDERLYING CARRIER HAS 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, YOUR EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWO-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
J. YOU ACKNOWLEDGE AND AGREE THAT NEITHER SUBARU NOR THE UNDERLYING CARRIER CAN GUARANTY THE SECURITY OF WIRELESS TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES.
K. IN NO EVENT SHALL THE UNDERLYING WIRELESS CARRIER BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, FOR ANY: (A) ACT OR OMISSION OF A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; (B) MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, FAILURES TO TRANSMIT, DELAYS, OR DEFECTS IN THE SERVICE PROVIDED BY OR THROUGH THE UNDERLYING CARRIER; (C) DAMAGE OR INJURY CAUSED BY SUSPENSION OR TERMINATION BY THE UNDERLYING CARRIER; OR (D) DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911 OR ANY OTHER EMERGENCY SERVICE. TO THE FULL EXTENT ALLOWED BY LAW, YOU RELEASE, INDEMNIFY AND HOLD THE UNDERLYING CARRIER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SERVICES PROVIDED BY THE UNDERLYING CARRIER OR ANY PERSON’S USE THEREOF, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF THE UNDERLYING CARRIER.
L. You agree that the limitations of liability and indemnities in this Agreement will survive even after the Agreement has ended. These limitations of liability apply not only to you, but to anyone using your Vehicle, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your SUBARU STARLINK Services or the SUBARU STARLINK System.
NOTE: Some states do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.
13. YOUR INSURANCE OBLIGATIONS.
The service SUBARU STARLINK provides is intended as a convenience. The payments you make for the SUBARU STARLINK Services are not related to the value of your Vehicle or any property in it, or the cost of any injury to or damages suffered by you or anyone else as a result of the operation of your Vehicle. We are not an insurance company. You promise you will obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks. FOR YOURSELF AND FOR ANYONE ELSE CLAIMING UNDER YOU, YOU HEREBY RELEASE AND DISCHARGE SUBARU AND THE SERVICE PROVIDERS AND EACH OF THEIR PARENTS, AFFILIATES, AND SUBSIDIARIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES OF ANY OF THEM FROM AND AGAINST ALL HAZARDS COVERED BY YOUR INSURANCE. NO INSURANCE COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION AGAINST SUBARU OR THE SERVICE PROVIDERS.
14. YOUR RESPONSIBILITY FOR ANY THIRD PARTIES’ CLAIMS.
IN ORDER TO RECEIVE SUBARU STARLINK SERVICES, YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD SUBARU AND ALL SERVICE PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL AMOUNTS ANYONE ELSE CLAIMS FROM US, PLUS ANY AND ALL COSTS AND EXPENSES WE MAY INCUR (INCLUDING ATTORNEYS’ FEES), RESULTING FROM ANY CLAIM, DEMAND OR ACTION, REGARDLESS OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND, OR ACTION ALLEGING LOSS, COSTS, EXPENSES, DAMAGES, OR INJURIES (INCLUDING INJURIES RESULTING IN DEATH) ARISING OUT OF OR IN CONNECTION WITH (1) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT, WHETHER BROUGHT BY YOU, THE OCCUPANTS OF YOUR VEHICLE, YOUR EMPLOYEES, OR THIRD PARTIES, EVEN IF DUE TO THE SOLE NEGLIGENCE OF SUBARU OR ANY OF THE SERVICE PROVIDERS; (2) THE USE OR POSSESSION OF DATA OR INFORMATION PROVIDED IN CONNECTION WITH SUBARU STARLINK SERVICES; (3) YOUR FAILURE TO INFORM US THAT YOU ARE NO LONGER THE OWNER OF THE VEHICLE OR AUTHORIZED USER OF STARLINK SERVICES; (4) CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING OUT OF OR RELATED IN ANY WAY DIRECTLY OR INDIRECTLY TO THIS AGREEMENT; or (5) THE USE, FAILURE TO USE, OR INABILITY TO USE SUBARU STARLINK SERVICES, EXCEPT WHERE THE CLAIMS RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUBARU OR ANY OF THE SERVICE PROVIDERS. IN ADDITION, IF YOU HAVE AUTHORIZED SUBARU STARLINK TO CHARGE AMOUNTS DUE AGAINST YOUR CREDIT, DEBIT OR BANK CARD ACCOUNT OR OTHER SIMILAR ACCOUNT BY GIVING US A CARD OR ACCOUNT NUMBER, THEN YOUR AGREEMENT IN THIS SECTION EXTENDS TO CLAIMS, EXPENSES, LIABILITIES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OR OWNERSHIP OF THE CREDIT OR DEBIT CARD ACCOUNT, OR OTHER SIMILAR PAYMENT ACCOUNT, OR FROM THE ISSUER'S REFUSAL TO PAY AMOUNTS CHARGED TO SUCH ACCOUNT.
15. DEADLINE FOR LEGAL ACTIONS.
A. Any legal action (whether in arbitration, small claims court, or otherwise) that arises from a Dispute (as defined in Section 16) must be commenced within one (1) year of the first event that gave rise to the Dispute. Failure to do so waives the right to pursue that claim.
B. Before commencing a legal action, however, You and Subaru must first try in good faith for sixty (60) days to resolve the Dispute through negotiation. To allow time for negotiation, the one-year deadline for commencing a legal action will be tolled for ninety (90) days following the provision of a valid Notice of Dispute.
C. To be valid, a Notice of Dispute must include Your name, Your address, Your email address, the facts giving rise to the Dispute, the damages claimed, and the relief requested. A notice to Subaru must be sent to Subaru of America, Inc., One Subaru Drive, Camden, NJ 08103, Attention: Legal Department and a notice to You must be sent to Your residential address on file.
D. A legal action may be commenced in accordance with Section 16 of this Agreement only if a valid Notice of Dispute has been provided and a Dispute has not been resolved after sixty (60) days.
16. PROCEDURE FOR LEGAL ACTIONS.
A. Definitions.
This Section 16 (the “Arbitration Provision”) shall be interpreted broadly. As used in this Arbitration Provision and in Section 15, above, these terms are defined as follows:
i. “Dispute” means any claim or controversy arising from or relating to Your relationship with Subaru, for example any: (a) theories of liability, whether based in contract, tort, statute, or otherwise; (b) claims that arose before this Agreement; (c) claims that arise after the cancelation or expiration of this Agreement; and (d) claims that are the subject of purported class action litigation. “Dispute” does not, however, include any issues relating to the existence, scope, validity, or enforceability of this Arbitration Provision.
ii. “You” means You and any intended or unintended beneficiaries of Your rights under this Agreement.
iii. “Subaru” means Subaru and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, service providers, any third-party beneficiary of Subaru’s rights under this Agreement, and independent contractors, and each of their officers, directors, employees, and agents.
B. Arbitration or Small Claims Court
All Disputes shall be resolved individually in either: (a) binding arbitration; or (b) small claims court if the claim is for money damages and the amount claimed is within the jurisdiction of that court. In arbitration, there is a neutral arbitrator rather than a judge. In arbitration and small claims court, there is no jury and there is less discovery and less appellate review than in court.
C. Procedures for Arbitration
i. This Arbitration Provision is governed by the Federal Arbitration Act. Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when Notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision will govern. If there is a conflict between this Arbitration Provision and the AAA Rules, this Arbitration Provision will govern. If the AAA will not administer an arbitration in accordance with this Arbitration Provision, You and Subaru will agree on (or, if necessary, petition a court of competent jurisdiction to appoint) an arbitration organization that will do so.
ii. The party commencing an arbitration should follow the instructions on the AAA website, including sending the AAA a “Demand for Arbitration” (available on its website), paying a filing fee, and mailing a copy of the Demand for Arbitration to the opposing party. If You commence the arbitration, You must send a copy to Subaru of America, Inc., One Subaru Drive, Camden, NJ 08103, ATTN: LEGAL- ARBITRATION OF DISPUTE. If Subaru commences the arbitration, Subaru must send a copy to Your residential address.
iii. If multiple arbitrations involving similar claims against Subaru are pending, You and Subaru shall jointly petition the AAA to coordinate those matters to promote efficiency. That coordination may include, for example, having similar matters assigned to the same arbitrator (either for all purposes or for the purpose of deciding an issue that turns on the same factual or legal questions) or having pre-hearing discovery apply to multiple matters. Nothing in this paragraph, however, provides any right or authority for a Dispute to be resolved as part of a class action, collective action, or other representative action. (See Section G, below.)
iv. If more than twenty-five (25) arbitrations involving similar claims against Subaru have been commenced, the AAA shall designate ten cases—either as selected by the parties or, if the parties cannot agree, as selected by the AAA—to proceed first in a bellwether arbitration, with a single filing fee due for the bellwether proceeding, as if it were a single arbitration. The remaining cases shall not be accepted for filing, and no filing fee shall be due, until the first ten have been resolved and the parties inform the AAA whether there is a global resolution. If the parties have been unable to reach a global resolution, they shall proceed to arbitrate a second set of ten cases; as with the first set of cases, a single filing fee shall be due for the second (and, if necessary, each subsequent) set of cases to be arbitrated. This process shall continue until the parties are able to resolve all claims, either through settlement or arbitration.
v. Unless You and Subaru agree otherwise, an arbitration will be conducted by a single arbitrator and any hearing will take place in the county where You reside.
vi. The arbitrator will issue a written decision that explains the essential findings and conclusions. The arbitrator’s award may be entered in a court of competent jurisdiction only as necessary to enforce the award.
vii. Neither the fact nor the substance of any settlement demand, offer, or negotiation may be revealed to the arbitrator before a final award has been issued.
D. Right to Arbitral Fees and Costs
The payment of the AAA’s fees and costs will be governed by the AAA Rules except as follows:
i. If Subaru commences an arbitration, Subaru will pay all of the AAA’s fees and costs.
ii. If You commence an arbitration and state under penalty of perjury that You cannot afford to pay the AAA filing fee, Subaru will pay the filing fee if the AAA does not waive that fee. If Subaru determines that Your representation regarding Your ability to pay was false, however, it may seek to recover that fee from You.
iii. If You commence an arbitration and the aggregate value of Your claim is less than $10,000, (a) You will only be responsible for paying the lesser of the AAA filing fee or the filing fee that You would have paid in the small claims court in the county where you reside, and (b) Subaru will pay the rest of the AAA’s fees and costs. If Subaru has received more than twenty-five (25) Notices of Dispute or Demands for Arbitration asserting similar claims, however, the payment of the AAA’s fees and costs will be governed by the AAA Rules.
iv. No matter who commences an arbitration, if the arbitrator finds that a claim was frivolous or asserted for an improper purpose, the party asserting the claim will reimburse the other party for any fees and costs that the party asserting the claim would have been obligated to pay under the AAA Rules.
v. No matter who commences an arbitration, You may pay up to half of the AAA’s fees and costs if You wish to do so.
E. Right to Attorneys’ Fees and Costs in Arbitration
You may hire attorneys to represent You in arbitration. You are responsible for their fees and costs. You may recover them from Subaru to the same extent as in court. If the arbitrator finds that a claim was frivolous or brought for an improper purpose, the other party may recover its attorneys’ fees and costs to the same extent as in court.
F. Effect of Rejecting Settlement Offers
If the outcome of a legal action is less favorable to the party seeking relief than a settlement offer that party rejected, that party must pay all of the fees and costs (including reasonable attorneys’ fees) incurred by the other party after the offer was made.
G. Waiver of Class and Representative Actions
i. WHETHER IN ARBITRATION OR COURT, YOU AND SUBARU WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION, OR OTHERWISE SEEK REDRESS FOR ALLEGED INJURIES TO THIRD PARTIES. This waiver is a material and essential part of this Arbitration Provision and cannot be severed from it.
ii. WHETHER IN ARBITRATION OR COURT, YOU AND SUBARU WAIVE THE RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF. This waiver is not a material or essential part of this Arbitration Provision and can be severed from it by a court of competent jurisdiction. If, after exhaustion of all appeals, such a court refuses to enforce this waiver with respect to a particular claim or request for relief, You and Subaru will jointly petition the court to decide that claim or request for relief only after all other claims and requests for relief have been decided.
H. Right to Reject This Arbitration Provision
You may opt out of this Arbitration Provision by sending Subaru written notice by certified mail, postmarked no later than thirty (30) days after the Effective Date, to Subaru of America, Inc., One Subaru Drive, Camden, NJ 08103, Attention: Legal Department. Notices not mailed to that address and postmarked by that date will not be effective. Your decision will not adversely affect Your relationship with or service from Subaru.
I. Right to Reject Changes to this Arbitration Provision
You may reject changes to this Arbitration Provision by sending Subaru written notice by certified mail, postmarked no later than thirty (30) days after Your first receipt of notice of a change, to Subaru of America, Inc., One Subaru Drive, Camden, NJ 08103, Attention: Legal Department. Notices not mailed to that address and postmarked by that date will not be effective. Your decision will not adversely affect Your relationship with or service from Subaru.
J. Survival
This Arbitration Provision shall survive the cancellation or expiration of the Agreement.
17. WAIVER OF JURY TRIALS.
WHETHER IN ARBITRATION OR COURT, YOU AND SUBARU WAIVE THE RIGHT TO A TRIAL BY JURY.
18. GENERAL LEGAL INFORMATION.
A. Communicating with Each Other. ANY WRITTEN NOTICE FROM YOU REQUIRED BY THIS AGREEMENT WILL BE CONSIDERED GIVEN WHEN WE RECEIVE IT AT THE FOLLOWING ADDRESS: Subaru of America, Inc., One Subaru Drive, Camden, NJ 08103, Attention: Connected Vehicle Services. ANY WRITTEN NOTICE FROM US REQUIRED BY THIS AGREEMENT WILL BE CONSIDERED GIVEN WHEN WE SEND IT BY EMAIL TO ANY EMAIL ADDRESS YOU HAVE PROVIDED TO US, 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 send any written notice, or when you call SUBARU STARLINK Customer Care at 1-855-753-2495. To review the Subaru Privacy Statement, the current version of these Terms, and other information, you can also visit mySubaru.com and Subaru.com.
B. Others Covered by this Agreement. EACH OF THE PERSONS/ENTITIES LISTED IN THE SECOND PARAGRAPH OF THESE TERMS IS BOUND BY THIS AGREEMENT. YOU AGREE THAT YOU WILL MAKE ALL OF THE OCCUPANTS OF YOUR VEHICLE, WHETHER PASSENGERS, GUESTS OR DRIVERS OF YOUR VEHICLE, AWARE OF OUR RIGHTS AND SUBJECT TO THE LIMITATIONS OF THIS AGREEMENT.
C. Our Relationship. This Agreement does not create any fiduciary relationships between you and us. It also does not create any relationship of principal and agent, partnership, or employer and employee.
D. Assignment. We can assign this Agreement or your obligations to pay under it in whole or in part to anyone we choose. You cannot assign this Agreement or your obligations to anyone else without our prior written consent and any attempted assignment in violation of this provision shall be void.
E. Final Provisions. This Agreement (which includes, without limitation, these Terms and any other SUBARU STARLINK documents incorporated herein by reference) is the entire agreement between you and us. It supersedes all other agreements or representations, oral or written, between us, past or present. In the event of a conflict between any provision contained in these Terms and any provision of any other SUBARU STARLINK document incorporated herein, the provision contained in these Terms shall take precedence, and no additional or different terms shall be binding on either of us unless mutually agreed to in writing. This Agreement will not be presumptively construed for or against either party. Section titles contained herein are for convenience only. If any part of this Agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable. Even after this Agreement has ended, its provisions will govern any disputes arising out of or relating to it (unless it has been replaced by a new agreement between us). It will also be binding on your heirs and successors and on our successors and assigns.
No term or condition of this Agreement is waived and no breach is excused unless that waiver or consent is in writing and signed by the party claimed to have waived or consented. No waiver of any part of this Agreement, or of any breach of it, in any one instance will require us to waive or excuse any other instance or breach. IN SOME CIRCUMSTANCES, WE MIGHT DECIDE TO PROVIDE YOU SERVICE VOLUNTARILY EVEN IF YOU WOULD NOT OTHERWISE QUALIFY. THIS WILL NOT BE DEEMED A WAIVER OR REQUIRE US TO DO SO AGAIN. YOU AGREE WE WILL NOT BE LIABLE FOR ANYTHING RESULTING FROM OUR PROVISION OF SUCH SERVICE.
