{"id":11345,"date":"2026-03-25T11:32:23","date_gmt":"2026-03-25T16:32:23","guid":{"rendered":"https:\/\/www.hyundaitranslead.com\/?page_id=11345"},"modified":"2026-03-28T07:02:47","modified_gmt":"2026-03-28T12:02:47","slug":"bluelink-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.hyundaitranslead.com\/es\/bluelink-terms-and-conditions\/","title":{"rendered":"Bluelink Terms and Conditions"},"content":{"rendered":"

Bluelink Terms and Conditions<\/h1>\n

Last modified: March 2026 <\/span><\/i><\/p>\n

Hyundai Bluelink Agreement <\/b><\/p>\n

Terms and Conditions <\/b><\/p>\n

Please read all of this agreement completely before using Bluelink service and keep a copy for your files. Please note that these Terms and Conditions contain a dispute resolution provision that requires binding arbitration, waives your right to trial by jury, and waives your right to participate in any class action or representative proceeding in the event of disputes, as set out in more detail in Section 19 (Resolving Disputes) below. <\/span><\/p>\n

Your vehicle collects, generates and transmits data that is used and shared by us as further described in Section 4 (Privacy) below. In addition to this Agreement, please read the Hyundai Translead Privacy Policy completely before using any Connected Services in your Vehicle. <\/span><\/p>\n

If you activate, receive, use, accept or otherwise access Bluelink, including by downloading software or using websites to access these services, you accept and agree to be bound by this Agreement even if you have not signed this Agreement.<\/span><\/p>\n

1. <\/b><\/span>INTRODUCTION<\/b><\/span><\/p>\n

1.1 Bluelink Service. <\/b><\/p>\n

Your Hyundai Commercial Vehicle (<\/span>\u201cVehicle\u201d <\/b>or <\/span>\u201cvehicle\u201d<\/b>) may be equipped with a <\/span>Bluelink System (as defined Section 6.1) which enables you to access and subscribe to <\/span>certain Bluelink services (<\/span>\u201cHyundai Bluelink\u201d or \u201cBluelink\u201d <\/b>for your vehicle). You are <\/span>choosing to enroll in a Bluelink Service Plan (<\/span>\u201cService Plan\u201d<\/b>). This Bluelink Service <\/span>Agreement Terms and Conditions (this <\/span>\u201cAgreement\u201d <\/b>or these <\/span>\u201cTerms and Conditions\u201d<\/b>) govern your access to and use of the Bluelink, services we may provide that use or interact with the Bluelink System, and the activities and your obligations contemplated under this Agreement. <\/span><\/p>\n

1.2 Available Services. <\/b><\/p>\n

As used throughout this Agreement, Bluelink is the vehicle technology and service functions received as part of enrollment in a Service Plan, including but not limited to: <\/span><\/p>\n

    \n
  • Remote Service Activation <\/span><\/li>\n
  • Automatic Collision Notification <\/span><\/li>\n
  • Over-the-Air software updates <\/span><\/li>\n
  • Vehicle Charging Services<\/span><\/span><\/li>\n<\/ul>\n

    2. PARTIES<\/b><\/p>\n

    The terms \u201c<\/span>you<\/b>\u201d and \u201c<\/span>your<\/b>\u201d shall be deemed to refer to, and this Agreement shall be binding upon, any person or entity who has purchased, leased, or subscribed to a Vehicle equipped with, or uses as a driver or occupant (e.g., additional drivers, passengers) of a Vehicle equipped with, Bluelink and\/or has activated Bluelink pursuant to Section 7.1 (Activation) of this Agreement. Also, as used in this Agreement, the terms \u201c<\/span>we<\/b>,\u201d \u201c<\/span>us<\/b>,\u201d \u201c<\/span>our<\/b>\u201d, <\/span>\u201cHyundai Translead,\u201d <\/b>or \u201c<\/span>Hyundai<\/b>\u201d shall be <\/span>deemed to collectively refer to the following persons\/entities, each of which are intended beneficiaries of this Agreement: (i) <\/span>Hyundai<\/b>, and their affiliates, their parent company <\/span>Hyundai Motor Company, <\/b>its successors and assigns and Hyundai dealers in the United States and Canada; (ii) third-party service providers engaged by Hyundai to develop and perform all functionalities required to fulfill the Bluelink Service (collectively, \u201c<\/span>Vendors<\/b>\u201d) and their affiliates, successors and assigns, and any replacement vendors engaged by <\/span>Hyundai <\/b>to perform the services provided by any of its current Vendors; (iii) Bluelink Agents and their affiliates, successors and assigns; and (iv) any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing.<\/span><\/p>\n

    3. <\/span>GEOLOCATION DATA COLLECTION NOTICE:<\/span><\/b><\/p>\n

    The Vehicle collects, stores, and transmits to Hyundai precise geolocation data. This data will be used to provide Bluelink which is agreed to at enrollment and all related products and services, diagnostics or analytics that are not related to Bluelink and related products and services, marketing, and market research. Additional details related to the collection, use, and sharing of this information can be found in the Hyundai Translead Bluelink Privacy Policy and in <\/span>Schedule 1 <\/b>(Hyundai Commercial Vehicle Technologies and Services Privacy Notice).<\/span><\/p>\n

    4. <\/b><\/span>PRIVACY<\/b><\/span><\/p>\n

    4.1<\/b> Information Collected and Used by Us. <\/b><\/p>\n

    In providing the Bluelink Service to you and as more fully set forth in <\/span>Schedule 1<\/b>, we may collect and retain an electronic or other record of certain information about you and\/or occupants of the Vehicle including: the Vehicle\u2019s description, location, speed, direction of travel, time of travel, service data, eco-related driving performance or charging data, mechanical condition or incidents involving the Vehicle (such as trouble codes, tire pressure, battery voltage, coolant temperature, eco-related driving performance or charging habits, and service requirements), your search content. You agree that we may record or monitor the Vehicle\u2019s location or other information when (1) the Bluelink Service is active in the Vehicle for the purposes of the provision of Bluelink, analysis and product improvement, and security monitoring, (2) your airbag deploys or a severe impact occurs, (3) as permitted by applicable state and federal laws, rules and regulations; (4) in connection with our attempts to communicate with you or recover the Vehicle pursuant to agreements governing the lease, financing or subscription of the Vehicle; or (5) when the Vehicle\u2019s data is aggregated for general analysis and quality improvement purposes. <\/span><\/p>\n

    4.2 Data Use. <\/b><\/p>\n

    We use the information we collect from you or occupants of the Vehicle to: <\/span><\/p>\n

      \n
    • deliver the Bluelink related products and services to you, <\/span><\/li>\n
    • manage your Bluelink Website account, <\/span><\/li>\n
    • improve occupant and vehicle safety, <\/span><\/li>\n
    • conduct internal analysis and research to improve product, product quality, and <\/span>security of the vehicles,<\/span><\/li>\n
    • improve your Bluelink experience at our dealers, <\/span><\/li>\n
    • identify quality and service-related issues and provide service notifications\/alerts, <\/span><\/li>\n
    • participate in government subsidy or incentive programs that benefit you or Hyundai <\/span>directly or indirectly, and<\/span><\/li>\n
    • enhance your overall ownership experience. <\/span><\/li>\n<\/ul>\n

      4.2.1<\/b> We will not sell, trade, or rent your personal information to others without your authorization consistent with the terms of this Agreement. We share certain information collected from the Bluelink with our dealers or authorized repair facilities to assist in performing service diagnosis and repair and to improve your customer experience. We share the information we collect with Service Providers for purposes of providing the Bluelink and maintaining your account. We may also share information as necessary with third-parties for analysis and research purposes, and data analytics partners. 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 disclose information to individuals designated by you to be contacted in an emergency. When required, you agree we may release information, including location data, to comply with applicable laws or regulations, in legal proceedings to respond to search warrants, judicial subpoenas or court orders, in cooperation with law enforcement agencies, and to enforce the terms of this Agreement and any agreement related to the lease or financing of the Vehicle. We may share certain of the Vehicle information with government entities consistent with this agreement and as permitted by applicable law. You should know that we have no control over the manner in which such a government entity may use your data. Any data which we collect or which you provide to us which is not identifiable to you, including functionality use, statistics, performance data, quality metrics, shall be owned by us. <\/span><\/p>\n

      4.3 Passengers and Other Vehicle Operators<\/b>. <\/span><\/p>\n

      If you are not the registered owner, lessee, or subscriber of the vehicle, vehicle data <\/span>generated and collected during your operation of the vehicle may be viewed and retrieved by the registered owner, lessee, or subscriber of the vehicle. <\/span><\/p>\n

      4.4 Monitoring and Recording. <\/b><\/p>\n

      For quality assurance purposes, we or Service Providers may monitor and record <\/span>conversations between their respective service centers and you and the Vehicle\u2019s <\/span>occupants, as well as any conversations between their service centers and you or others contacting the service centers to discuss your account outside of the vehicle. <\/span><\/p>\n

      You consent, on behalf of yourself, all occupants of the vehicle, and anyone engaged in a conversation with a service provider about the vehicle or your account, to the monitoring and recording of all conversations between the service centers and such persons and you <\/span>release Hyundai from and against any and all claims, liabilities and losses that may result from any such monitored and\/or recorded conversations. <\/span><\/p>\n

      Call recordings may be shared with Hyundai dealers and other Service Providers.<\/span><\/p>\n

      4.4.1 <\/b>We may also be legally required to provide location tracking data and other information obtained through the Bluelink System to law enforcement agencies. You release Hyundai from and against any and all claims or liabilities arising out of the disclosure of information under those circumstances. <\/span><\/p>\n

      4.5<\/b> Your Consent<\/b>. <\/span><\/p>\n

      You consent on behalf of you and occupants in the vehicle to wireless communication in the vehicle to enable our Service Providers to deliver the Bluelink to you and occupants in the vehicle. You agree that you and your occupants in the vehicle also consent to the collection, recording and use of the information described in this agreement and release Hyundai from and against any and all claims or liabilities arising out of the collection and use of this <\/span>information. You also agree that we may contact you directly or by automated notification in the vehicle, by electronic mail, or by telephone at any number we have on file for you, and, in some circumstances, by prerecorded message to the extent allowable by law, even if <\/span>doing so may result in additional telecommunications fees or charges to you, to discuss your account, inform you of recalls, offer promotions, or to deliver services. <\/span><\/p>\n

      4.6<\/b> Your Rights. <\/b><\/p>\n

      The Hyundai Translead Privacy Policy and <\/span>Schedule 1 <\/b>govern our use and protection of your personal information. We may change this policy at any time subject to other legal <\/span>obligations. You can access the current policy online or request a copy by submitting a <\/span>request on our \u2018Contact Us\u2019 at https:\/\/www.hyundaitranslead.com. You may review, modify, correct, or update the information you provide us at any time at <\/span>http:\/\/bluelinkfleet.na.hyundai.com or by submitting a request on our \u2018Contact Us\u2019 at <\/span>https:\/\/www.hyundaitranslead.com<\/span><\/p>\n

      5. <\/b><\/span>A<\/b>PPLICABLE PRIVACY NOTICES INCORPORATED<\/b><\/p>\n

      The provision of the Bluelink is subject to all applicable and relevant terms, conditions, and notices which are incorporated here by reference, including: <\/span><\/p>\n

        \n
      • Hyundai Translead Privacy Policy <\/span><\/li>\n
      • Schedule 1- Hyundai Commercial Vehicle Technologies and Services Privacy Notice<\/span><\/span><\/li>\n<\/ul>\n

        6. SERVICE REQUIREMENTS AND SERVICE PROVIDERS<\/b><\/p>\n

        6.1<\/b> Service Requirements<\/b>. <\/span><\/p>\n

        Your Vehicle must come with an authorized Hyundai Bluelink telematics system (<\/span>\u201cBluelink System\u201d<\/b>), which is the equipment, including hardware and software, used to provide Bluelink to the Vehicle. Additionally, you must have an active Service Plan to receive the Bluelink. Bluelink is provided to you by Hyundai, through its authorized connected vehicle Services Providers. Hyundai or its Vendors in turn may interact with and\/or engage one or more third-party providers as necessary to provide the Bluelink. Those third-party providers include any person, company, <\/span>or entity who provides any service, equipment, or facilities in connection with the Bluelink or the Bluelink System, including, but not limited to, wireless service providers, underlying <\/span>telecommunications technology providers (<\/span>\u201cWireless Carriers\u201d<\/b>), suppliers, licensors, charging stations, emergency responders and other service providers (such as police, fire and <\/span>ambulance), auto makers, distributors and dealers. Such third-party providers, including Vendors, are referred to in this Agreement as \u201cService Provider(s)\u201d.<\/span><\/p>\n

        7. <\/b><\/span>SE<\/b>RVICE ACTIVATION\/DURATION AND CANCELLATION<\/b><\/p>\n

        7.1<\/b> Activation<\/b>. <\/span><\/p>\n

        You can only receive and use Bluelink services by accepting this agreement. Subject to <\/span>applicable law, you accept this agreement and start your Bluelink when you sign a contract that includes this agreement, or when you (or another user or occupant of the vehicle) use the Bluelink, download software to use the Bluelink, or accept any of its benefits (including using a vehicle with an active Bluelink system). If you do any one or more of these actions to accept, you are bound by this agreement and any later changes or amendments to it as provided for in this agreement. <\/span><\/p>\n

        7.2 Duration. <\/b><\/p>\n

        The Bluelink Service is provided free of charge for the entire duration unless expressly <\/span>stated otherwise. <\/span><\/p>\n

        7.3<\/b> Your Cancellation Rights<\/b>. <\/span><\/p>\n

        You can cancel your Bluelink at any time. To cancel your service, you will need to contact your dealership or Hyundai. <\/span><\/p>\n

        7.4 Our Cancellation and Suspension Rights<\/b>. <\/span><\/p>\n

        We may cancel your Bluelink without cause, in which case we will give you notice 30 days prior to the effective date of cancellation after which your account will be deactivated, and your Bluelink will terminate. This means that we can decide to cease providing Bluelink to <\/span><\/p>\n

        you at any time and for any reason, even for reasons unrelated to you or your account with us. Additionally, we may cancel Bluelink of the vehicle without prior notice to you if we have received information that establishes that the owner\/lessee\/subscriber of the vehicle is no longer in possession of the Vehicle. Also, we may cancel Bluelink without prior notice to you for any good cause. This means, for example, we can terminate your Bluelink immediately if you breach any part of this Agreement, interfere with our efforts to provide service, interfere with our business, or if your Bluelink or wireless phone number is used for illegal or improper purposes. Providing your Bluelink login credentials to a third-party may constitute a breach of this Agreement at Hyundai\u2019s sole discretion. A breach of this Agreement may result in the cancellation or suspension of your Bluelink. In the event that you provide your Bluelink login credentials to third-parties, You acknowledge that such action may allow third-parties to <\/span><\/p>\n

        interfere with our ability to provide your Bluelink and\/or create a detriment to your Vehicle\u2019s performance or safety. You do not have any right to have Bluelink reactivated, even if you <\/span>cure any of these problems. Whether to allow you to have Bluelink again will be entirely up to us. We can suspend or cancel your Bluelink for any reason. We can also suspend it for network or system maintenance or improvement, or if there is network congestion, or if we suspect your Bluelink is being used for any purpose that would allow us to cancel it.<\/span><\/p>\n

        7.5<\/b> Transferring, Reactivating or Changing Your Service. <\/b><\/p>\n

        Unless we agree otherwise, you cannot transfer your Bluelink to another Vehicle or another person. You may activate, cancel, change or reactivate your Bluelink as provided elsewhere in this Agreement, however, we will only accept such requests from you, or an additional authorized user of legal age listed on your account (or from someone we believe is your <\/span>authorized agent).<\/span><\/p>\n

        8. <\/b><\/span>C<\/b>HANGES TO THIS AGREEMENT<\/b><\/p>\n

        We can change this Agreement at any time, and changes will be effective 30 days <\/span>thereafter (or <\/span>such longer period as required by law). This includes changing any or all of this Agreement, even the prices and services provided. If any such change materially affects your rights under this Agreement, or negatively impacts your Bluelink in a material way, or results in higher fees being charged to you by Hyundai, we will provide you with notice of such change in writing, which may include by electronic mail. We will notify you of any other non-material changes by publishing a notice of the change or a revised version of these Terms and Conditions at <\/span><\/p>\n

        http:\/\/bluelinkfeet.na.hyundai.com. After receiving notice of a change that materially affects your rights under this agreement, negatively impacts your Bluelink in a material way, or results in higher fees being charged to you, you may terminate this agreement or agree to the change. If you do not terminate this 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 Terms and Conditions for your Agreement, by calling or emailing us.<\/span><\/p>\n

        9. <\/b><\/span>SERVICE AND SYSTEM LIMITATIONS<\/b><\/span><\/p>\n

        9.1<\/b> Availability. <\/b><\/p>\n

        Bluelink are only available in the United State and Canada. Bluelink works using wireless communication networks and the Global Positioning System (<\/span>\u201cGPS\u201d<\/b>) satellite network. Not all Bluelink 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 Bluelink services may not be fully available if the GPS system is not working (map CD or DVD may be required) or wireless network coverage is not available. Certain programming limitations of the GPS system may impair our ability to determine the Vehicle\u2019s precise location. <\/span><\/p>\n

        9.2 Technology and Communications. <\/b><\/p>\n

        Bluelink, including over-the-air software updates, cannot work unless the Vehicle is in a place where we have an agreement with Wireless Carriers for service in those areas. These services also cannot work unless you are in a place where the Wireless Carriers we have <\/span>hired for that area have coverage, network capacity, and reception when the Bluelink is needed, and technology that is compatible with the Bluelink. Bluelink that involves location information about the Vehicle cannot work unless GPS satellite signals are unobstructed, available in that place and compatible with the Bluelink System as well.<\/span><\/p>\n

        9.3 Vehicle and Equipment. <\/b><\/p>\n

        Bluelink, including over-the-air software updates, are provided using an embedded <\/span>telematics device installed in the Vehicle which receives GPS signals and communicates with the Bluelink Server via wireless and landline communications networks. The Bluelink System is not intended to place or receive personal calls and may only place calls to our Vendors as permitted under this Agreement. The Vehicle has to have a working electrical system (including adequate battery power) for the Bluelink system to operate. You may need <\/span>to increase the volume of your radio to hear operator services or automated voice delivered services from the Bluelink System. Bluelink may not work if your Bluelink System [or TTY equipment], if applicable, is not properly installed (by someone we have authorized) or you have not maintained it and the Vehicle in good working order and in compliance with all government regulations. If you try to add or modify any equipment or software in the Vehicle including the Bluelink System, Bluelink may not work, and we can terminate your Bluelink. Your Bluelink System needs to be compatible with Bluelink and the wireless service and technology provided by us. If the Vehicle does not have an ignition cycle after 96 hours (i.e., 4 days), certain Bluelink services may not be available until the Vehicle is started.<\/span><\/p>\n

        9.4 Geography and Environment. <\/b><\/p>\n

        There are other problems we cannot control that may prevent us from providing Bluelink, including over-the-air software updates, to you at any particular time or place, or that may impair the quality of Bluelink. Some examples are hills, tall buildings, tunnels, weather, damage to important parts of the Vehicle caused by an accident, or wireless network <\/span>congestion. <\/span><\/p>\n

        9.5 Maps and Navigation. <\/b><\/p>\n

        The routing data that we provide to you is based on the most current map information <\/span>available to us, but may be inaccurate or incomplete. For example, our routing data may not include information about one-way roads, turn restrictions, construction projects, seasonal roads, detours or new roads. It may suggest using a road that is now closed for construction or a turn that is prohibited by signs at the intersection. In addition, traffic, weather and other events may cause road conditions to differ from the results generated. Therefore, you <\/span>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 the directions provided by the Bluelink System and Services. Other than as <\/span>expressly set forth in this Agreement, neither Hyundai nor its vendors make any specific promises about the routing data provided hereunder (i.e., we do not make any commitments <\/span>about the content within the routing data, or its reliability, availability, or ability to meet your needs \u2013 the routing data is provided \u201cas is\u201d).<\/span><\/p>\n

        9.6 Available Information. <\/b><\/p>\n

        Bluelink 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, Bluelink may be limited based on the information provided by Service Providers. <\/span><\/p>\n

        9.7 Outside of Our Control\/Force Majeure. <\/b><\/p>\n

        Hyundai is not responsible for any delay or failure in performance if such failure or delay <\/span>could not have been prevented by reasonable precautions. Additionally, Hyundai is not <\/span>responsible if such failure or delay is caused by acts of nature, or forces or causes beyond our reasonable control (\u201cForce Majeure Events\u201d). Examples of Force Majeure Events <\/span>include, but are limited to, public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, epidemic, pandemic, labor shortages or difficulties (regardless of cause), or equipment failures including Internet, computer, telecommunication or other equipment or technology failures. If there is a Force Majeure Event, the obligations of <\/span>Hyundai as mentioned in this Agreement shall automatically remain suspended and <\/span>accordingly Hyundai shall not be responsible or liable, if any loss or damage is caused due to failure or delay or interruptions in providing Bluelink or in performing of its obligations, consequent to such Force Majeure Events <\/span><\/p>\n

        10.<\/b>TECHNOLOGY NOTICES <\/b><\/p>\n

        10.1<\/b> Software, Hardware and Equipment Updates. <\/b><\/p>\n

        Bluelink involves server and vehicle software that we may need to change from time to time. We may do this remotely without notifying you first. You expressly agree to automatic updates, upgrades and enhancements to this software without prior notice to you. These updates, upgrades and enhancements may be required to correct the software, to protect or improve the security of the software or to add or improve features of the software or the operating system. This may include navigation map updates, vehicle control system component updates, and connected device updates. It may also require device application updates, including mandatory updates, to Bluelink applications. Such changes may affect or erase data you have stored on the Bluelink System in the Vehicle or on your device. We are not responsible for any lost data. You do not own the Bluelink software in the vehicle or on your device or website, or acquire any rights to use or modify the Bluelink software on your own. The Vehicle\u2019s systems also involve software that we may need to change from time to time. You agree to allow the updates described in this Agreement to be done remotely without notifying you. You also agree and understand that these updates may temporarily impact your operation of the application or the vehicle. More information regarding over-the-air software updates is contained below in Section 12 (Over-the-Air Software Updates).<\/span><\/p>\n

        10.2 Wireless Carriers. <\/b><\/p>\n

        You do not have any right in the wireless phone number assigned to your Bluelink System. We can change the number at any time. As a condition to provide wireless service, the <\/span>Wireless Carriers require 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 Bluelink or any Service Provider and any <\/span>Wireless Carrier. In addition, you agree that the Wireless Carrier has no legal, equitable, or other liability of any kind to you. Your use of Bluelink is subject to Verizon (in the United <\/span>States) and Bell (in Canada)\u2019s terms and conditions which are: <\/span><\/p>\n

          \n
        • Verizon Wireless Customer Agreement \u2013 Hyundai Customers <\/span><\/li>\n
        • Verizon\u2019s Privacy Policy <\/span><\/li>\n
        • Verizon\u2019s California Privacy Notice <\/span><\/li>\n
        • Bell\u2019s Privacy Policy <\/span><\/li>\n<\/ul>\n

          11.<\/b>INFORMATION AND AGREEMENT ABOUT CERTAIN SERVICES <\/b><\/p>\n

          11.1 Distracted Driving. <\/b><\/p>\n

          We urge you to always drive safely and avoid distractions while driving. Utilizing in-vehicle apps or other Bluelink services can lead to serious accidents if not used with caution. Always prioritize your attention on the road and use these features only when it is safe to do so. <\/span><\/p>\n

          11.2 Voice Recognition. <\/b><\/p>\n

          Voice recognition software or services, which may be able to recognize different voices, <\/span>accents, speech patterns and words, may be used in connection with Bluelink. We do not represent or guarantee that such software will recognize or work with your or other voices, accents, or speech patterns, or recognize some or all words, some or all of the time. <\/span><\/p>\n

          11.3 Automatic Collision Notification. <\/b><\/p>\n

          When we receive an emergency signal from the 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, <\/span>about the manner or timeliness of such third-party response or even whether third-party <\/span>emergency responders will in fact respond to your emergency at all or in a timely manner. The Vehicle has to have a working electrical system (including adequate battery power) for the Automatic Collision Notification to operate. <\/span><\/p>\n

          11.4<\/b> Location of The Vehicle in Connection with Lease\/Finance\/Subscription. <\/b><\/p>\n

          If you lease, finance, or subscribe to a Vehicle through us or one of our affiliates, and you have materially breached any of the terms of the agreements governing such lease, finance, or subscription, we may, to the extent allowed under applicable law, use Bluelink to locate the Vehicle for the purpose of communicating with you and\/or recovering the Vehicle. You <\/span>expressly consent to our use of Bluelink in this manner to the extent allowed under <\/span>applicable law.<\/span><\/p>\n

          11.5<\/b> Content Based Services. <\/b><\/p>\n

          The information available via these services (e.g., maps, navigation and guidance, POI <\/span>search and download traffic) is limited to that information which is available in the databases of the Service Providers selected by us, which may or may not be complete or accurate at all times. <\/span><\/p>\n

          11.6 Recall Advisor. <\/b><\/p>\n

          You understand that this service is provided to you as a courtesy for your convenience only and does not serve as a substitute, or replacement, for any official service action or recall notifications from or on behalf of Hyundai or component parts suppliers. <\/span><\/p>\n

          11.7 Diagnostic Information\/Maintenance Alert. <\/b><\/p>\n

          The Vehicle may only send diagnostic trouble codes to Bluelink that result in a dashboard warning light. In some instances, multiple codes may be generated for the same occurrence. There may be unanticipated delays in presenting the current diagnostic status of the Vehicle online and in your monthly vehicle report. You should visit a qualified repair facility for a <\/span>complete and current diagnostic status of the Vehicle. Bluelink is authorized to maintain and send diagnostic information to Hyundai dealers, and, where available, to independent repair facilities at your request, including trouble codes, maintenance alerts, and mileage. This <\/span>service is provided to you as a courtesy for your convenience only, and the Vehicle <\/span>owner\/lessee\/subscriber is responsible for maintaining the Vehicle in accordance with the schedule published in the owner\u2019s manual or other agreements. <\/span><\/p>\n

          11.8<\/b> In-Vehicle Apps (if equipped). <\/b><\/p>\n

          Hyundai is the provider of the in-vehicle Download Center, which permits you to purchase or receive free digital content in the form of an in-vehicle application. An active Service Plan is required to download and\/or upgrade available in-vehicle apps. Additionally, select in-vehicle apps may require an active Service Plan to access content and\/or services as part of its <\/span>designed operation. Use of the Download Center requires Internet access (fees may apply); may require periodic updates; and may be affected by the performance of these factors. You agree that meeting these requirements, which may change from time to time, is your <\/span>responsibility. We reserve the right to change content options (including eligibility for <\/span>particular features) without notice. All copyrights in and to the Download Center and related software are owned by us and\/or our licensors, who reserve all their rights in law and equity. It is your responsibility to ensure any external equipment used to access the Download <\/span>Center is suitable for use with the Download Center and is adequately protected against external threats.<\/span><\/p>\n

          12. <\/b><\/span>OVER-THE-AIR SOFTWARE UPDATES<\/b><\/p>\n

          Vehicles may be equipped to perform over-the-air (\u201cOTA\u201d) software updates to map and vehicle <\/span>systems. OTA software updates will only occur if all of the following preconditions are met: <\/span>\u2022 <\/span>the ignition is off;<\/span><\/p>\n

            \n
          • the headlights are off <\/span><\/li>\n
          • the vehicle is in park; <\/span><\/li>\n
          • the hood is closed;<\/span><\/li>\n
          • the parking brake is engaged; and, <\/span><\/li>\n
          • the vehicle has sufficient battery charge to perform the update. <\/span><\/li>\n<\/ul>\n

            The update will install in the background, however while performing the installation of the update, the vehicle may not be able to be driven and the update may not be cancelled. OTA software updates may only be performed on genuine Hyundai parts and software and modification of the hardware or software of the vehicle may inhibit the ability to successfully complete the update. Subscribers of Bluelink will receive a notification of the update after the installation is complete according to their communication preferences. Removal of the battery during OTA software updates can cause the OTA update to fail. If the OTA update fails for any reason, you can contact your dealer or Hyundai to resolve the issue. <\/span><\/p>\n

            13.<\/b>VEHICLE CHARGING SERVICES <\/b>(if equipped) <\/b><\/p>\n

            Bluelink may include information about your ability to charge your vehicle at various charging stations provided by us or Service Providers. You acknowledge and agree that your use of such charging stations is solely at your own risk and may be subject to the terms of service or terms of use of such Service Provider which may be updated by such Service Provider from time to time. You are responsible for any damage you may cause to any charging station, except to the extent attributable to Hyundai or our Service Providers. To avoid the risk of serious injury and property damage, you may only use adapters sold by Hyundai or included by Hyundai in the purchase of your vehicle. Your use of any other adapters with Service Provider charging options is strictly prohibited. For other usage precautions and service limitations, please consult your vehicle owner\u2019s manual. <\/span><\/p>\n

            14.<\/b>YOUR RESPONSIBILITIES <\/b><\/p>\n

            14.1 Working System\/Registration. <\/b><\/p>\n

            Your Bluelink may not activate immediately upon enrollment and Bluelink may not be available until activation has been completed. You will be able to confirm through the device when your Bluelink has been activated, typically within 24 hours of enrollment. For information about how to cancel Bluelink, see Section 7.3 (\u201cYour Cancellation Rights\u201d) <\/span><\/p>\n

            14.2<\/b> Proper Use of the Services. <\/b><\/p>\n

            You are responsible for ensuring safety and compliance with all regulations, ordinances and other laws applicable to the Vehicle. You agree not to use Bluelink for any fraudulent, <\/span>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 agree to notify us if you no longer have ownership or possession of the vehicle, including third-party sale, loss, or total damage to the vehicle. You agree 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\u2019 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.<\/span><\/p>\n

            14.3<\/b> Safeguarding and Use of Others\u2019 Information. <\/b><\/p>\n

            Certain information you receive through your Bluelink 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 agree not to use any content you receive through Bluelink 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, <\/span>reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create <\/span>derivative works from any of it. You agree to indemnify and hold Hyundai harmless against any third-party claims or liabilities resulting from your misuse of information. Certain Service Providers impose further terms and conditions on providing services (for example, the end user terms covering navigation and location data). By using Bluelink, you also agree to be bound by those additional terms and conditions. <\/span><\/p>\n

            14.4<\/b> Other Users\/Occupants of the Vehicle. <\/b><\/p>\n

            You are solely responsible for any use of Bluelink in the 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 <\/span>responsible for the services requested by you, or by anyone using or occupying the vehicle, through Bluelink. You agree to educate and inform all users and occupants of the Vehicle about the Bluelink system features and limitations and our use of such user\u2019s and <\/span>occupants\u2019 information as permitted by this Agreement. We have no obligation to inquire about the authority of anyone using the Vehicle. If you, another driver, or a passenger of the Vehicle uses the Bluelink System to commit a crime or for another improper purpose or if such other driver or occupant of the Vehicle disputes Hyundai\u2019s collection and use of <\/span>information as permitted in this Agreement, you agree to indemnify, defend and hold us harmless from and against any and all costs, expenses (including attorneys\u2019 fees), losses, damages and other liabilities which arise from such improper use. <\/span><\/p>\n

            14.5 Daylight Savings Time. <\/b><\/p>\n

            Notifications and preferences set up via the customer web portal may not account for <\/span>daylight savings time. Based on your geographic location you may have to adjust your <\/span>settings.<\/span><\/p>\n

            14.6<\/b> Default Notifications. <\/b><\/p>\n

            We may set default feature notification preferences at the start of your Bluelink. The email address you provide during enrollment will be used to provide you with relevant automated feature notifications. It is up to you to modify these notification preferences whether by <\/span>operator or web. <\/span><\/p>\n

            15.NO WARRANTIES <\/b><\/p>\n

            The vehicle\u2019s limited warranty does not cover Bluelink or wireless service, which is provided to you on an \u201cas is\u201d and \u201cwhere is\u201d basis, without any warranty of any kind, express or implied. In addition, Hyundai cannot guarantee uninterrupted or problem-free service, and cannot guarantee that the data or information provided to you will be error-free. All data and information is provided to you on an \u201cas is\u201d basis. Hyundai hereby expressly disclaims any and all warranties of any kind, express or implied, about the Bluelink system, Bluelink 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. <\/span><\/p>\n

            16.LIMITATIONS OF LIABILITY <\/b><\/p>\n

            You and we (collectively \u201cboth Parties\u201d) are each waiving important rights. Unless prohibited by law in a particular instance, both Parties agree as follows <\/span><\/p>\n

            16.1<\/b> We are not liable for the actions or inactions of any service provider we contact for you or the vehicle, or for our inability to contact any Service Provider in any particular situation. <\/span><\/p>\n

            16.2<\/b> We are not liable for any commercial liabilities incurred as a result of your use of the services in the operation of your business, employment, or other occupational related <\/span>activity, including but not limited to ride-sharing services or rental services provided using the vehicle. <\/span><\/p>\n

            16.3<\/b> We are not liable for any failures, accidents, or damages resulting from the failure to comply with the OTA conditions of these terms and conditions. <\/span><\/p>\n

            16.4<\/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 the Vehicle\u2019s use of the Bluelink system or Bluelink, (2) any <\/span>damages arising out of or relating to the installation, repair, or maintenance of the Bluelink system, or (3) any damages arising out of the inability to operate the vehicle while vehicle over-the-air updates are occurring, or (4) any damages arising out of any impact to the <\/span>service and operation of Bluelink, or (5) any commercial liabilities or damages related to <\/span>commercial or business operation of Bluelink, or (6) any damages or injuries as a result of you providing your login credentials to third-parties including any detrimental impact on your safety or your vehicle\u2019s performance.<\/span><\/p>\n

            16.5<\/b> The maximum aggregate liability of Hyundai to you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) is the total amount paid by you for the portion of Bluelink giving rise to the claim during the 12 months preceding the date your claim arose. You agree that Hyundai would not have agreed to provide Bluelink to you if you did not agree to this limitation. This amount is the sole and exclusive liability of Hyundai and any other third party beneficiaries to you, and is payable as liquidated damages and not as a penalty. <\/span><\/p>\n

            If applicable, in the event you wish to obtain a greater amount than this limitation, you have the option to purchase such greater amount by paying an additional monthly amount and a rider shall be attached to this agreement setting forth the additional charge and additional amount of the limitation of liability. <\/span><\/p>\n

            16.6<\/b> Neither Party can recover (1) punitive or exemplary damages, (2) treble, consequential, indirect, incidental or special damages, or (3) attorney\u2019s fees (except in connection with indemnification claims as provided in this agreement). Both Parties 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. <\/span><\/p>\n

            16.7<\/b> 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, Hyundai is not 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 Hyundai is unable to reasonably control. <\/span><\/p>\n

            16.8<\/b> Notwithstanding anything else in this agreement, you agree to excuse any non-performance by Hyundai caused in whole or in part by an act or omission of a third-party, or by any <\/span>equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond the reasonable control of Hyundai. <\/span><\/p>\n

            16.9<\/b> 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. <\/span><\/p>\n

            16.10 <\/b>You agree that Hyundai is not liable for any errors, defects, problems, or mistakes in data or information transmitted through the Bluelink system. <\/span><\/p>\n

            16.11<\/b> 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 the 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 Bluelink or the Bluelink System. <\/span><\/p>\n

            NOTE: Some states do not allow an exclusion or limitation of incidental or consequential <\/span>damages or certain other damages, so some of the limitations above may not apply in some situations<\/span><\/p>\n

            17.YOUR INSURANCE OBLIGATIONS <\/b><\/p>\n

            The service Hyundai provides is intended as a convenience. The payments you make for Bluelink is not related to the value of the 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 the 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 Hyundai from and against all hazards covered by your insurance. No insurance company or insurer will have any right of subrogation against Hyundai. <\/span><\/p>\n

            18.YOUR RESPONSIBILITY FOR ANY THIRD PARTIES\u2019 CLAIMS <\/b><\/p>\n

            To the extent allowable by law and except where the claims result from the negligence or willful misconduct of Hyundai or any of the Service Providers, you agree that you will indemnify, defend and hold Hyundai 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\u2019 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 and your obligations contemplated under this agreement, whether brought by the occupants of the vehicle, your employees, or third-parties; (2) the use or possession of data or information provided in connection with Bluelink; (3) 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 (4) the use, failure to use, or inability to use Bluelink. In addition, if you have authorized Hyundai 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\u2019s refusal to pay amounts charged to such account. <\/span><\/p>\n

            19.<\/b>RESOLVING DISPUTES <\/b><\/p>\n

            19.1<\/b> Governing Law. <\/b><\/p>\n

            To the fullest extent permitted by law and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the state of California without regard to its conflict of law principles. <\/span><\/p>\n

            19.2<\/b> Time Limits. <\/b><\/p>\n

            Except where prohibited by law, you are not allowed to bring any claim against Hyundai (or any other third-party beneficiary) more than one year after the claim arises. <\/span><\/p>\n

            19.3<\/b> Binding Arbitration<\/b>. <\/span><\/p>\n

            Most concerns can be resolved quickly and to your satisfaction by contacting Hyundai\u2019s customer <\/span>service department at bluelinkfleetsupport@hyundaitranslead.com. In the unlikely event that our customer service department is unable to resolve your concerns, both Parties agree that any dispute that is not resolved by an informal dispute resolution conference (as defined and described below) shall be resolved in confidential binding arbitration conducted before one arbitrator from the American Arbitration Association (\u201cAAA\u201d) pursuant to the AAA arbitration rules, rather than in a court, as described in this Arbitration Agreement (the \u201cArbitration Agreement\u201d).<\/span><\/p>\n

            12.3.1<\/b> You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to proceed with a lawsuit in state or federal court, except as expressly <\/span>provided herein. <\/span><\/p>\n

            19.4 Definitions. <\/b><\/p>\n

            For the purposes of this Arbitration Agreement, the terms used herein shall have the <\/span>following meanings: <\/span><\/p>\n

            12.4.1<\/b>\u201cDispute\u201d means any legal claim or controversy arising out of, or relating to, these Terms and Conditions or breach of the New Vehicle Limited Warranty, as well as any claim or controversy regarding the applicability, enforceability, or validity of any provision of these Terms and Conditions and the New Vehicle Limited Warranty. For purposes of the <\/span><\/p>\n

            Arbitration Agreement, the term \u201cDispute\u201d includes claims or controversies that arose or involve facts occurring before the existence of this or any prior versions of these Terms and Conditions or the New Vehicle Limited Warranty, claims that are currently the subject of purported class action litigation in which you are not a member of a certified class, as well as claims and controversies that may arise after the termination of these Terms and Conditions or the New Vehicle Limited Warranty. <\/span><\/p>\n

            12.4.2<\/b> \u201cMass Arbitration\u201d means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) <\/span>either (a) the parties to those arbitration demands seek to simultaneously or <\/span>collectively administer and\/or arbitrate together, or (b) are filed by the same counsel <\/span>or in coordination with each other. <\/span><\/p>\n

            19.5 Notice of Dispute. <\/b><\/p>\n

            Before the parties may commence arbitration of a Dispute, the party initiating the Dispute must provide a written notice of dispute (\u201cNotice of Dispute\u201d) as follows: <\/span><\/p>\n

            12.5.1 Disputes Initiated by You. <\/b><\/p>\n

            For a Dispute initiated by you, the Notice of Dispute must include the following information: Your name, residence address, email address associated with your account (if applicable), a detailed description of the Dispute, the specific relief you seek, and the grounds <\/span>therefore. The Notice of Dispute must be mailed to Hyundai by certified mail return receipt requested to: Consumer Affairs, Hyundai Translead, 8880 Rio San Diego Dr STE 600, San Diego, CA 92108, <\/span><\/p>\n

            ATTN: Notice of Dispute. A Notice of Dispute shall be individualized such that it may only pertain to you and you alone and may not be combined with a Notice of Dispute by any other individual.<\/span><\/p>\n

            12.5.2<\/b> Disputes Initiated by Hyundai. <\/b><\/p>\n

            For a Dispute initiated by Hyundai, the Notice of Dispute must include the following <\/span>information: Your name, a detailed description of the Dispute, the specific relief <\/span>sought, and the grounds therefor. The Notice of Dispute must be mailed to you by <\/span>certified mail return receipt requested to the mailing address on file and, if available, <\/span>also emailed to your email address associated with your account. A Notice of Dispute shall be individualized such that it may only pertain to you and you alone and may not be combined with a Notice of Dispute regarding any other individual. <\/span><\/p>\n

            19.6<\/b> Pre-Arbitration Informal Dispute Resolution Conference Requirements<\/b>. <\/span><\/p>\n

            Before the parties may commence arbitration of a Dispute, the parties agree to meet and confer by telephone or \/by videoconference in a good faith effort to informally resolve the Dispute (the \u201cInformal Dispute Resolution Conference\u201d). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate in the Informal Dispute Resolution Conference. <\/span><\/p>\n

            19.7<\/b> Notice of Intent. <\/b><\/p>\n

            The party initiating the Dispute agrees to provide a notice of intent to initiate the Informal Dispute Resolution Conference (\u201cNotice of Conference\u201d) as follows: <\/span><\/p>\n

            12.7.1<\/b> Disputes Initiated by You. <\/b>For a Dispute initiated by you, the Notice of Conference must include the following information: Your name, telephone number, mailing address, email address associated with your account (if applicable), the name, mailing address, and email address of your counsel (if any), and whether you intend to have the conference by <\/span>telephone or by videoconference. The Notice of Conference must be mailed to Hyundai by certified mail return receipt requested to: Hyundai Translead, Legal Department, 8880 Rio San Diego Drive STE 600, San Diego, California 92108, ATTN: General Counsel <\/span><\/p>\n

            12.7.2<\/b> Notice of Conference<\/b>. A Notice of Conference shall be individualized such that it may only pertain to you and you alone and may not be combined with a Notice of <\/span>Conference by any other individual. You may, but are not required to, combine in one mailing a Notice of Dispute and a Notice of Conference. <\/span><\/p>\n

            12.7.3<\/b> Disputes Initiated by Hyundai. <\/b><\/p>\n

            For a Dispute initiated by Hyundai, the Notice of Conference must include the <\/span>following information: Your name, a detailed description of the Dispute, the specific <\/span>relief sought, and whether the conference shall proceed by telephone or by <\/span>videoconference. The Notice of Conference must be mailed to you by certified mail <\/span>return receipt requested to the mailing address on file and, if available, also emailed <\/span>to your email address associated with your account. A Notice of Conference shall be <\/span>individualized such that it may only pertain to you and you alone and may not be <\/span>combined with a Notice of Conference regarding any other individual. Hyundai may, <\/span>but is not required to, combine in one mailing and, if available, email, a Notice of<\/span><\/p>\n

            Dispute and a Notice of Conference. <\/span><\/p>\n

            12.7.4<\/b> Whether initiated by you or Hyundai, the Informal Dispute Resolution Conference shall occur within 45 days after the other party receives the Notice of Conference, <\/span>unless an extension is mutually agreed upon by the parties. Unless all parties agree <\/span>in writing, the Informal Dispute Resolution Conference shall be individualized such <\/span>that it may only pertain to you and you alone and may not be combined with an <\/span>Informal Dispute Resolution Conference regarding any other individual. This is so, <\/span>even if the same law firm or group of law firms represents multiple individuals with <\/span>similar disputes. <\/span><\/p>\n

            19.8 Arbitration. <\/b><\/p>\n

            12.8.1<\/b> Conditions Precedent. <\/b><\/p>\n

            The sending of a Notice of Dispute and the completion of an Informal Dispute Resolution Conference are conditions precedent to our respective right to commence arbitration. Accordingly, if we are unable to resolve a Dispute within 30 days after the Informal Dispute Resolution Conference is completed, we may commence arbitration pursuant to the <\/span>procedures in this Arbitration Agreement. No arbitration may commence or proceed until the requirements set forth in Sections 19.5 and 19.6 (above) are fully satisfied. <\/span><\/p>\n

            12.8.2<\/b> Fees. <\/b><\/p>\n

            After Hyundai receives notice that you have commenced arbitration, Hyundai will <\/span>promptly reimburse you for the payment of the filing fee. If you are unable to pay this fee, Hyundai will pay it directly upon receiving a written request from you. Except as <\/span>otherwise provided for herein, Hyundai will pay all AAA filing, administration, and <\/span>arbitrator fees for any arbitration initiated in accordance with the terms of this <\/span>Arbitration Agreement. <\/span><\/p>\n

            12.8.3<\/b> Rules of Arbitration. <\/b><\/p>\n

            12.8.3.1<\/b> The arbitration will be governed by the Commercial Dispute Resolution <\/span>Procedures and the Supplementary Procedures for Consumer Related <\/span>Disputes (collectively, <\/span>\u201cAAA Rules\u201d<\/b>) of the American Arbitration Association, <\/span>as modified by this Arbitration Agreement, and will be administered by the <\/span>AAA. If the AAA is unavailable or refuses to arbitrate the parties\u2019 dispute for <\/span>any reason, the arbitration shall be administered and conducted by a widely <\/span>recognized arbitration organization that is mutually agreeable to the parties, <\/span>but neither party shall unreasonably withhold their consent. If the parties <\/span>cannot agree to a mutually agreeable arbitration organization, one shall be <\/span>appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, <\/span>the AAA Rules shall govern the parties\u2019 Dispute. The AAA Rules are available <\/span>online at <\/span>www.adr.org<\/span>, or by calling the AAA at 1-800-778-7879. The AAA <\/span>Rules may change from time to time, and you should review them <\/span>periodically.<\/span><\/p>\n

            12.8.3.2<\/b> The arbitrator shall be bound by the terms of this Arbitration Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the <\/span>power to commit errors of law or legal reasoning, and any award rendered by <\/span>the arbitrator that employs error of law or legal reasoning may be vacated or <\/span>corrected by a court of competent jurisdiction for any such error. <\/span><\/p>\n

            12.8.3.3<\/b> Unless the parties agree in writing, any arbitration hearings will take place in the county (or parish) of your billing address. <\/span><\/p>\n

            12.8.3.4<\/b> At either party\u2019s election, arbitration of any Dispute shall proceed pursuant to the Desk Arbitration rules of the AAA, unless both parties are represented by <\/span>counsel. <\/span><\/p>\n

            12.8.3.5<\/b> Prior to the appointment of a merits arbitrator, either party may request the appointment of a process arbitrator to determine: (i) whether the conditions <\/span>precedent set forth in Section 19.8.1 hereof have been satisfied; (ii) whether <\/span>AAA\u2019s filing requirements have been satisfied; (iii) the applicable arbitration <\/span>agreement; (iv) the applicable AAA rules that apply; (v) the allocation of <\/span>payment advances on administrative fees, arbitrator compensation, and\/or <\/span>expenses; (vi) any other issue agreed to be addressed by the process <\/span>arbitrator; and (vii) any other issue regarding the administration of the <\/span>arbitration. <\/span><\/p>\n

            12.8.3.6<\/b> If the process arbitrator makes an initial determination that the Dispute is frivolous or brought in bad faith, it shall allocate all AAA and arbitrator fees <\/span>and expenses to the party who initiated the arbitration. If the merits arbitrator <\/span>subsequently determines that the claims were not frivolous, Hyundai will <\/span>reimburse any AAA filing, administration and arbitrator fees that were paid by <\/span>you. <\/span><\/p>\n

            12.8.3.7<\/b> If the arbitrator finds the Dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil <\/span>Procedure 11(b), the prevailing party shall recover all fees paid to AAA, and at <\/span>the arbitrator\u2019s discretion, an award of reasonable attorney\u2019s fees and costs. <\/span><\/p>\n

            12.8.4<\/b> Class Action Waiver. <\/b><\/p>\n

            We agree that each party may bring disputes against the other only in our or its <\/span>individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless all parties agree in writing otherwise <\/span>(including, but not limited to, as set forth in the procedures below regarding Mass <\/span>Arbitration), the arbitrator may not consolidate more than one individual\u2019s Dispute, and may not otherwise preside over any form of a representative or class proceeding. 12.8.5 <\/span>Injunctive Relief.<\/b><\/p>\n

            The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party\u2019s <\/span>individual Dispute.<\/span><\/p>\n

            19.9<\/b> Stay of Non-Arbitrable Disputes<\/b>. <\/span><\/p>\n

            Any Disputes not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration. <\/span><\/p>\n

            19.10<\/b><\/span> Mass Arbitration. <\/b><\/p>\n

            The parties agree that in the event that mass arbitration is attempted or sought, such arbitration shall be administered pursuant to AAA\u2019s Mass Arbitration supplementary rules. Notwithstanding AAA\u2019s Mass Arbitration supplementary rules, the following rules shall apply. <\/span><\/p>\n

            12.10.1<\/b> In the event that Mass Arbitration is attempted or sought involving 250 Demands or less, the parties agree the arbitration provider shall: (i) group the Demands into batches of no less than 25 Demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. <\/span><\/p>\n

            12.10.2<\/b> In the event that Mass Arbitration is attempted or sought involving over 250 Demands, the parties agree that the arbitration provider shall: (i) group the Demands into <\/span>batches of no less than 250 Demands per group; and (ii) provide for resolution of <\/span>each group or batch as a single arbitration with one set of filing and administrative <\/span>fees and a single arbitrator assigned per group or batch. <\/span><\/p>\n

            12.10.3<\/b> All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Arbitration Agreement. <\/span><\/p>\n

            12.10.4<\/b> The parties agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and <\/span>administration. <\/span><\/p>\n

            12.10.5<\/b> If any part of this Section 19.10 related to Mass Arbitration is found to be <\/span>unenforceable, the unenforceable portion shall be stricken, and the remainder of this Section 24.10 and this Arbitration Agreement shall be enforced to the maximum <\/span>extent permitted by law. <\/span><\/p>\n

            12.10.6<\/b> If the arbitration provider is unwilling or unable to follow the procedures set forth in this Section 19.10 with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable, and widely-recognized arbitration organization that will <\/span>agree to follow the procedures set forth in this Section 19.10. In the event that the <\/span>parties are unable to retain or agree to such an alternative arbitration provider, the <\/span>alternative dispute resolution provisions set forth in this Agreement shall not apply to <\/span>those Disputes within the Mass Arbitration. <\/span><\/p>\n

            19.11 Delegation Clause.<\/b><\/p>\n

            All issues are for the arbitrator to decide including, but not limited to, (i) all issues regarding arbitrability, (ii) the scope and enforceability of this Arbitration Agreement as well as the<\/span><\/p>\n

            Arbitration Agreement\u2019s other terms and conditions, (iii) whether you or Hyundai, through litigation conduct or otherwise, waived the right to arbitrate, (iv) whether all or any part of the Arbitration Agreement or Terms and Conditions is unenforceable, void, or voidable <\/span>including, but not limited to, on grounds of unconscionability, (v) any Dispute regarding the payment of arbitration-related fees, (vi) any Dispute related to the Notice of Dispute, Notice of Conference, and\/or Informal Dispute Resolution Conference, and (vii) any Dispute <\/span>related to Mass Arbitration. <\/span><\/p>\n

            19.12 Authority. <\/b><\/p>\n

            Pursuant to this Arbitration Agreement, the arbitrator has been delegated with, and <\/span>possesses, exclusive authority to resolve all of the above-enumerated types of Disputes. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, the court shall <\/span>have the power to decide whether this Arbitration Agreement permits class or <\/span>representative proceedings. <\/span><\/p>\n

            19.13<\/b> Right to Elect to Proceed in Small Claims Court<\/b>. <\/span><\/p>\n

            In lieu of arbitration, either party may elect to proceed in small claims court for any Dispute that falls within the jurisdictional limits of that court. In the event such election is made, the party that seeks to initiate arbitration shall commence their action in small claims court and shall be responsible for the payment of any applicable filing fees. <\/span><\/p>\n

            19.14<\/b> Other Binding Arbitration Provisions. <\/b><\/p>\n

            12.14.1<\/b> These Terms and Conditions evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this <\/span>Arbitration Agreement. This Arbitration Agreement shall survive termination of these Terms and Conditions. <\/span><\/p>\n

            12.14.2<\/b> The parties agree that, by entering into these Terms and Conditions, we are each waiving the right to a trial by jury or to participate in a class action to the maximum <\/span>extent permitted by law. <\/span><\/p>\n

            20<\/b> GENERAL LEGAL INFORMATION <\/b><\/p>\n

            20.1 Communicating with Each Other. <\/b><\/p>\n

            Any written notice from you required by this agreement will be considered given when we receive it at our address provided in the introduction of this agreement. Any written notice from us required by this agreement will be considered given when we send it by email to any email address you\u2019ve provided to us, or two days after we mail it to you at the most <\/span>current billing address we have on file for you. Any oral notices will be considered given <\/span>when we call you or when you call us. You may also reach out via the contact information <\/span>provided below or the contact us page of our websites.<\/span><\/p>\n

            20.2<\/b> Others Covered by this Agreement. <\/b><\/p>\n

            Each of the persons\/entities listed in the fourth paragraph of these Terms and Conditions is bound by this agreement. You agree that you will make all of the occupants of the vehicle, whether passengers, guests or drivers of the vehicle, aware of our rights and subject to the limitations of this agreement. <\/span><\/p>\n

            20.3<\/b> Our Relationship. <\/b><\/p>\n

            Despite any terms to the contrary, this Agreement does not create any fiduciary <\/span>relationships between you and Hyundai. It also does not create any relationship of <\/span>principal and agent, partnership, joint venture, or employer and employee. <\/span><\/p>\n

            20.4<\/b> Assignment. <\/b><\/p>\n

            Hyundai 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 <\/span>provision shall be void. <\/span><\/p>\n

            20.5 Additional Provisions. <\/b><\/p>\n

            13.5.1<\/b> This Agreement (which includes, without limitation, these Terms and Conditions and any other documents incorporated herein by reference) is the entire agreement. It supersedes all other agreements or representations, oral or written, , past or present. <\/span><\/p>\n

            13.5.2<\/b> In the event of a conflict between any provision contained in these Terms and <\/span>Conditions and any provision of any other document incorporated herein, the <\/span>provision contained in these Terms and Conditions shall take precedence, and no <\/span>additional or different terms shall be binding on either of us unless mutually agreed to <\/span>in writing. <\/span><\/p>\n

            13.5.3<\/b> This Agreement will not be presumptively construed for or against either party. <\/span><\/p>\n

            13.5.4<\/b> Section numbers or titles contained herein are for convenience only. <\/span><\/p>\n

            13.5.5 <\/b>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 <\/span>govern any disputes arising out of or relating to it (unless it has been replaced by a <\/span>new agreement between us). It will also be binding on your heirs and successors and <\/span>on our successors and assigns. <\/span><\/p>\n

            13.5.6<\/b> No waiver of any part of this Agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. In some circumstances we might <\/span>decide to provide you service voluntarily even if you would not otherwise qualify. This <\/span>will not be deemed a waiver or require us to do so again. You agree we will not be <\/span>liable for anything resulting from our provision of such service. <\/span><\/p>\n

            20.6<\/b> Contact Us. <\/b>You can contact us at any time by submitting a request at our Contact Us of <\/span>Hyundai Translead website, or reaching out as follows:<\/span><\/p>\n

            Hyundai Translead <\/span><\/p>\n

            Call: 619-574-1500 <\/span><\/p>\n

            Email: bluelinkfleetsupport@hyundaitranslead.com <\/span><\/p>\n

            Mail: 8880 Rio San Diego Dr STE 600, San Diego, CA 92108<\/span><\/p>\n

            Schedule 1.<\/b><\/p>\n

            Hyundai Commercial Vehicle Technologies and Services Privacy Notice <\/b>Last Updated<\/span>: TBD <\/span><\/p>\n

            This Hyundai Commercial Vehicle Technologies and Services Privacy Notice (the \u201c<\/span>Notice<\/b>\u201d) is provided by Hyundai Translead and its parent company and affiliates (\u201c<\/span>Hyundai<\/b>,\u201d \u201c<\/span>we<\/b>,\u201d \u201c<\/span>us<\/b>\u201d or \u201c<\/span>our<\/b>\u201d). This Notice describes how we collect, use, disclose, and otherwise process personal information related to Hyundai Bluelink services and other vehicle technologies and services, which includes: in vehicle and onboard systems, sensors, software, features and equipment; and other features, technologies and services we make available for eligible Hyundai connected commercial vehicles (collectively, the \u201c<\/span>Vehicle Technologies and Services<\/b>\u201d). <\/span><\/p>\n

            Scope and Purpose <\/b><\/p>\n

            This Notice applies to the personal information that Hyundai collects, uses, discloses and otherwise processes related to the Vehicle Technologies and Services (\u201c<\/span>Covered Information<\/b>\u201d) and Vehicles, which includes: <\/span><\/p>\n

              \n
            • Information retrieved from a Vehicle or the Vehicle Technologies and Services by us or on our behalf, which is linked or reasonably linkable to that vehicle, the owner of that vehicle, or any registered user of the Vehicle Technologies and Services; <\/span><\/li>\n
            • Information provided during the subscription or registration process for Vehicle Technologies and Services; and <\/span><\/li>\n
            • Other identifiable information related to the performance, location, operation and use of a Vehicle and the Vehicle Technologies and Services. <\/span><\/li>\n<\/ul>\n

              This Notice supplements the <\/span>Hyundai Translead Privacy Policy <\/span>(\u201c<\/span>HT Privacy Policy<\/b>\u201d), with respect to our collection, use and disclosure of Covered Information. For example, for additional information about your choices, see the <\/span>\u201cYour Rights and Choices\u201d <\/span>section, and rights regarding your personal information (including Covered Information), please see the <\/span>\u201cAdditional Privacy Disclosures for Applicable State Residents\u201d <\/span>or <\/span>\u201cApplicable Privacy Disclosures for California Residents.\u201d <\/span>Capitalized terms not defined here have the meanings set out in the Privacy Notice. <\/span><\/p>\n

              This Notice does not apply to online services, such as websites, that we do not provide and do not link to this Notice. <\/span><\/p>\n

              Please note, you are responsible for ensuring that anyone driving your vehicle has read and understood this Notice and acknowledges our collection, use and\/or disclosure of Covered Information when driving your vehicle. <\/span><\/p>\n

              Covered Information We Collect<\/b><\/p>\n

              We and our vendors may obtain the categories of Covered Information disclosed below from the following sources: directly from you, from the Vehicle Technologies and Services you use, and from third parties such as our affiliates and partners or authorized dealers.<\/span><\/p>\n

              The Covered Information we collect varies depending on the nature of your interactions with us and may not include all the examples listed below. <\/span><\/span><\/p>\n

                \n
              • Vehicle Data: We may collect information about your vehicle and its performance, including VIN, performance metrics, diagnostic codes, maintenance history, fuel and battery levels, tire pressure, driving conditions, feature usage, and related date\/time stamps. <\/span><\/li>\n
              • Driving Data: We may collect information about your driving, including speed, acceleration, braking, direction, trip details (e.g., mileage, duration, conditions), ignition and steering <\/span><\/li>\n<\/ul>\n

                events, cruise control, seatbelt status, incident information, and related timestamps. <\/span><\/p>\n

                  \n
                • Account and Subscription Information: We may collect information about your account, including name, email address, account credentials, billing information and subscription <\/span><\/li>\n<\/ul>\n

                  details and history. <\/span><\/p>\n

                    \n
                  • App and Web Data: We may collect information about your use of our web and connected vehicle browsing, including IP addresses, online identifiers, device ID, browser type, pages visited, links clicked, search queries, and other activity and usage data. <\/span><\/li>\n
                  • Location Data: We may collect precise latitude and longitude of your vehicle. <\/span><\/li>\n
                  • Audio, Visual and Other Electronic Data: We may collect images, audio data (e.g., such as from voice commands and other utterances), and event data generated in connection with certain Vehicle Technologies and Services (e.g., autonomous driving features), and records of customer interactions (e.g., communications, contact details, request information, and related resolution data). <\/span><\/li>\n
                  • Profiles and inferences: including inferences and trends derived from Covered Information (e.g., for quality, safety, improvement, and analytics). <\/span><\/li>\n<\/ul>\n

                    Use of Covered Information <\/b><\/p>\n

                    Generally, we use Covered Information for the following purposes: <\/span><\/p>\n

                      \n
                    • Providing our Services and related support: To deliver, maintain, and improve the Vehicle Technologies and Services and our other products and services; to enable certain features and services, such as roadside assistance, remote start, and vehicle alerts; to authenticate users; <\/span><\/li>\n
                    • Communicating with you: to communicate with you about your Vehicle and the Vehicle Technologies and Services, including sending you notices and alerts and responding to your requests.<\/span><\/li>\n<\/ul>\n

                      Performing Quality, Safety, and Internal Research: To better understand how users access and use our vehicles and our Vehicle Technologies and Services; to evaluate and improve our vehicles and our Vehicle Technologies and Services; to develop new features, products, or services; for troubleshooting and maintenance; for quality and product improvements; and for other research and analytical purposes.<\/span><\/p>\n

                        \n
                      • Maintaining Safety, Recalls, and Warranties: For safety, recall and warranty purposes, such as to send recall notices, process recall and warranty claims, and for other purposes related to vehicle safety. <\/span><\/li>\n
                      • Security and protection of rights: To protect the safety, rights, property, or security of Hyundai, our vehicles, the Vehicle Technologies and Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that we, in our sole discretion, consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; for defense or <\/span><\/li>\n<\/ul>\n

                        investigation of actual or anticipated legal claims; and to enforce this Notice or our Terms of Use. <\/span><\/p>\n

                          \n
                        • Complying With Legal Requests and Obligations: To comply with applicable legal or <\/span><\/li>\n<\/ul>\n

                          regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority. <\/span><\/p>\n

                            \n
                          • For Business Transactions: In connection with planning or implementing transfers, <\/span><\/li>\n<\/ul>\n

                            restructuring or reorganization of our business or assets and similar business transactions <\/span><\/p>\n

                            In limited circumstances, we may collect vehicle location data, regardless of location data settings, to protect Hyundai\u2019s rights or property (including repossession in cases of delinquency), comply with applicable law, respond to valid legal processes (such as requests from law enforcement or government agencies), or, in exigent circumstances, help prevent loss of life, serious injury, or protect the safety of Hyundai personnel, vehicle users, visitors, or the public. <\/span><\/p>\n

                              \n
                            • Disclosure of Covered Information <\/b><\/li>\n<\/ul>\n

                              We may disclose Covered Information as set out below and where otherwise authorized or requested by you. <\/span><\/p>\n

                                \n
                              • Affiliates and Subsidiaries: We may disclose Covered Information with Hyundai Motor Company, our parent company headquartered in South Korea. Hyundai may also disclose Covered Information with our manufacturing subsidiaries and our R&D affiliate Hyundai <\/span><\/li>\n<\/ul>\n

                                America Technical Center, Inc. <\/span><\/p>\n

                                  \n
                                • Vendors and service providers: We may disclose Covered Information to our vendors, service providers, suppliers, contractors or agents who process such data to provide services to us or to perform functions on our behalf. <\/span><\/li>\n
                                • Business Partners: You may choose to disclose Covered Information with third parties, or direct Hyundai to share it with third parties, when you use their applications or services that:<\/span><\/li>\n<\/ul>\n

                                  (i) are available through your vehicle\u2019s infotainment system; (ii) are accessed through a third party app on your mobile device when connected to the vehicle via Bluetooth or tethering; or (iii) require or allow linking your third-party account to a Hyundai vehicle or mobile app. If you <\/span><\/p>\n

                                  choose to share Covered Information with a third party, that third party\u2019s terms and privacy policies, and not this Notice, will govern the information you disclose or direct Hyundai to disclose. <\/span><\/p>\n

                                    \n
                                  • Dealers: We may disclose Covered Information about you when you use our Vehicle <\/span><\/li>\n<\/ul>\n

                                    Technologies and Services with our authorized dealers, who may contact you directly for vehicle maintenance, repairs, and service scheduling, marketing, service offers, and similar purposes. <\/span><\/p>\n