Terms & Conditions

AAA Northern California, Nevada, & Utah Web Site Terms, Conditions, and Notices.

This website, located at calstate.aaa.com (“Site”), is operated by AAA Northern California, Nevada, & Utah (hereinafter referred to as “AAA”). AAA provides insurance, discounts, auto and travel products and services (collectively, with all other services provided through the Site, the “Services”). By accessing or using the Site or Services, you are accepting these Terms and Conditions (“Terms”) (on behalf of yourself, the entity that you represent and/or the user associated with your AAA Account (defined below)) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself, the entity that you represent and/or the user associated with your AAA Account). You may not access or use the Site or Services or accept these Terms if you are you are not of legal age to form a binding contract with AAA. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site or Services. By visiting and using our Site, you indicate that you accept the practices described in our Privacy Policy, which provides a detailed description of our privacy practices and can be viewed online at www.aaa.com/privacy.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Certain features or other promotions of the Services or Site, such as membership or insurance carrier services, may be subject to additional guidelines, terms, or rules. Our Membership Terms and Conditions can be viewed at http://calstate.aaa.com/membership/compare-our-membership-levels/members.... If you are a member who is visiting or using this Site, you agree to our Membership Terms and Conditions. Please note that products and services provided by your insurance carrier (for example, CSAA Insurance Exchange or its subsidiaries) are governed by separate terms and conditions that may be different than ours, as well as contracts between you and your insurance carrier.

Changes to These Terms

We may revise these Terms from time to time. Each time changes are made they will be posted on our Site. Your continued use of our Site following the posting of any changes to these Terms constitutes your acceptance to these changes. If there is a material change to these Terms, AAA will provide you notice.

Accounts

In order to use certain features of the Site (e.g., to use the Services), you must register for an account with AAA (“AAA Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. AAA may suspend or terminate your AAA Account in accordance with these Terms.

You are responsible for maintaining the confidentiality of your AAA Account login information and are fully responsible for all activities that occur under your AAA Account. You agree to immediately notify AAA of any unauthorized use, or suspected unauthorized use of your AAA Account or any other breach of security. AAA cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Intellectual Property Rights

The text, graphics, photographs, videos, sounds, music, logos, trademarks, services marks and other material contained on this Site or in the Services are protected by copyright, trademarks, trade secrets, patents, and other intellectual property (“Intellectual Property”) laws, and other applicable laws. You are permitted to use the Site and Services only as expressly stated in these Terms.

Excluding your User Content (defined below), you acknowledge that all the Intellectual Property rights in the Site and Services are owned by AAA or AAA’s licensors. We reserve all right, title and interest (including all Intellectual Property Rights) in the Site and Services. In addition, nothing contained in these Terms or on the Site or in the Services should be construed as granting by implication, estoppel or otherwise, any license or right to use the Site or Services without our written permission.

Restrictions

Your access to and use of the Services is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.

Modifications of Site; Termination

We reserve the right, at any time, without notice and for any reason, to modify, remove, suspend, or discontinue the Site or Services, and to deny access of any user to all or any part of the Site or Services. You agree that AAA will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. Any update or other addition to functionality of the Site or Services shall be subject to these Terms.

User Content

“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by AAA. Because you alone are responsible for your User Content (and not AAA), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. AAA is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

You hereby grant, and you represent and warrant that you have the right to grant, to AAA an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy

The following sets forth AAA’s “Acceptable Use Policy”:

You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (c) that is harmful to minors in any way; or (d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to use the Site or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site or Services; or (vi) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your AAA Account in accordance with the Terms, and/or reporting you to law enforcement authorities.

Feedback

If you provide AAA any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to AAA all rights in the Feedback and agree that AAA shall have the right to use such Feedback and related information in any manner it deems appropriate. AAA will treat any Feedback you provide to AAA as non-confidential and non-proprietary. You agree that you will not submit to AAA any Feedback that you consider to be confidential or proprietary.

Indemnity

You agree to indemnify and hold AAA (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. AAA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of AAA. AAA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

No Warranties

THE SITE, PRODUCTSAND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE, PRODUCTS OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. AAA DOES NOT WARRANT THAT YOU WILL QUALIFY FOR PRODUCTS OR SERVICES OFFERED ON THE SITE OR THAT THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE ARE AVAILABLE IN ALL JURISDICTIONS.

Please note that some jurisdictions may not allow the exclusion of implied warranties. Consequently, some of the above exclusions may not apply to you. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

Limitation of Liability

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

Please note that some jurisdictions may not allow certain limitations or exclusions of liability. Consequently some of the above exclusions may not apply to you.

Third-Party Websites

The Site may provide links to the websites, content, advertisements, products and services of AAA affiliates, strategic partners, and other third parties. You should refer to the separate terms of use, privacy policies, and other rules posted on these websites before you use them. The existence of such links does not indicate our approval or endorsement of any material contained on any linked site.

We are not responsible for the content of any website linked to our Site; for any loss or damage you may incur from dealing with any third party found on or through our Site, including your participation in promotions, the payment for and delivery of goods or services, or any request for products or services presented on our site. We provide these websites only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to these websites. We are not responsible for any terms, conditions, warranties, or representations associated with such dealings. Your connection to any such third party website is at your own risk.

Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that AAA will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Payments

You may order Services by following the directions on the Site. Once you order a Service, your subscription to the Service will automatically renew until you cancel your Service by following the directions on the Site. AAA may change the pricing for the Services (from time to time in its discretion) by updating the Site and without any additional notice to you, provided that any changes will not take effect until your subscription renews. In addition, the Service fee may increase or decrease in accordance with your request for a policy change or in connection with other factors that affect your Service. With respect to insurance rates, our quotes are estimates based upon information provided by users on our detailed questionnaires. However, these quotes could change based on additional or contradictory information that emerges during the final insurance underwriting process.

If you order a Service, you agree to pay the then-current applicable Service fee listed on the Site. The Site allows for one-time and recurring payments for Services offered either by AAA, third party service providers, or by one of the AAA Companies. The “AAA Companies” are (a) the American Automobile Association, Inc.; (b) any entity with "AAA" or "American Automobile Association" in its name or brand, including each AAA auto club and CSAA Insurance Exchange; or (c) any entity affiliated with any of the foregoing or acting as an insurer or a re-insurer of any of the foregoing, including subsidiaries and holding companies such as AAA Club Partners, Inc.

AAA will bill your credit card submitted in ordering the Service on the date the Service is activated. Please see each service for policies and details on refunds, if any. If you agree to automatic payments for one or more Services, you are consenting to AAA Companies to deduct the pre-determined amount from the account you specified on a date each month that AAA deems appropriate. You agree these charges shall continue until you cancel the automatic payments or cancel the Service. If you feel you have been billed in error or you wish to dispute any charge, or cancel the Service, you may do so by contacting AAA. All information that you provide to us or our third party payment processor must be accurate, current and complete. In the event of a dispute AAA Companies may issue you with a provisional credit until the dispute is resolved. If AAA Companies issue a provisional credit and the dispute is resolved and the charges were correct, AAA Companies shall recharge your account to reverse this provisional credit. You expressly consent to this reversal if you falsely or incorrectly dispute a charge.

If you wish to dispute a charge, please contact AAA at 1900 Powell St, Suite 1200, Emeryville, California 94608. In the event that AAA charges any convenience fee for making a payment via a debit card, credit card or electronic check, these fees will be stated at the time of payment before you finalize your charge. In the event of an unauthorized charge using a debit card or electronic check, please consult your bank’s rules regarding refunds and reversals. AAA complies with all legal requirements of your State’s applicable laws regarding providing refunds for unauthorized charges. When you make a charge, AAA shall display a completed charge screen. This is your electronic receipt. You should print or save this electronic receipt for your records. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S), DEBIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION.

Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due may bear interest at the rate set forth in the applicable policy or account. If the interest rate is not made available to you, then AAA reserves the right to charge a reasonable interest rate, including up to the maximum legal rate. If any fee cannot be charged to your credit card for any reason, AAA may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then AAA may terminate the applicable Service, in accordance with the applicable policy or account.

Term and Termination

Subject to this section, these Terms will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of these Terms, your right to access and use the Site and Services will terminate immediately. Company will not have any liability whatsoever to you for any termination of this Agreement. Even after these Terms are terminated, the following provisions will remain in effect: the sections titled, “Intellectual Property Rights,” “Modification of Site; Termination,” “User Content,” “Acceptable Use Policy,” “Feedback,” “Indemnity,” “No Warranty,” “Limitation of Liability,” ”Third-Party Websites,” “Term and Termination,” “Dispute Resolution” and “Miscellaneous.”

Copyright Policy

AAA respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1. your physical or electronic signature;

  2. identification of the copyrighted work(s) that you claim to have been infringed;

  3. identification of the material on our services that you claim is infringing and that you request us to remove;

  4. sufficient information to permit us to locate such material;

  5. your address, telephone number, and e-mail address;

  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. The designated Copyright Agent for Company is:

Designated Agent: Director, Legal & Compliance

Address of Agent: AAA Northern California, Nevada & Utah, 1900 Powell St, Suite 1200, Emeryville, California 94608

Telephone: 1-800-922-8228

Fax: 1-510-658-7390

Email: copyrightagent@goaaa.com

Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the AAA and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.

With the exception of subparts (1) and (2) two paragraphs above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Terms, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either such subparts (1) and (2) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration.

Notwithstanding any provision in these Terms to the contrary, if we seek to terminate the Dispute Resolution section as included in the Terms, any such termination shall not be effective until 30 days after the version of the Terms not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the AAA with written notice prior to the date of termination.

For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.

You have the right to opt out of the agreement to arbitrate as stated above by sending written notice, within 30 days of your agreement to the Terms, of your decision to opt out to the following address: AAA Northern California, Nevada & Utah, 1900 Powell St, Suite 1200, Emeryville, California 94608. Your notice should include your name and AAA Account number, if applicable. If you send this notice, then the paragraphs above in this section will not apply to either party. If you do not send this notice, then you agree to be bound by the paragraphs above in this section.

If for any reason this agreement to arbitrate is found not to apply to a dispute and as a result a Claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Francisco, California.

Any and all controversies, disputes, demands, counts, claims, or causes of action between you and AAA and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or these Terms, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.

Miscellaneous

These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Notwithstanding the foregoing, AAA will have the right to seek preliminary injunctive relief immediately and without first going through the arbitration process set forth above to protect its intellectual property or confidential or proprietary information.

Unless it is submitted to arbitration as set forth above, any other Dispute must be brought in a federal or state court located in San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding.

Use of our Site is not permitted in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

Any failure on our part to enforce any of our rights under the Terms or applicable laws shall not constitute a waiver of such right.

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without AAA’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms shall be binding upon assignees. AAA may assign our rights and obligations under these Terms to a third party without this assignment being deemed a change in these Terms, and without notice to you.

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of your use of the Site.

Our performance under these Terms is subject to existing laws and legal process. We will comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AAA with respect to such use.

If a court or arbitrator of competent jurisdiction finds any part of these Terms to be invalid, illegal or unenforceable, then the court shall endeavor to give effect to the intent reflected in that provision in a manner that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

These Terms constitute the entire agreement between you and us with respect to our Site and Services. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Site and Services.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact Information

If you have any questions regarding these Terms or our Site, please contact us at:

AAA Northern California, Nevada & Utah

1900 Powell St, Suite 1200, Emeryville, California 94608

Phone: 1-800-922-8228

Terms & Conditions Revised: October 2013

View our previous Terms & Conditions.

 

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