UBI Program Terms of Service
Last updated as of: November 29, 2023
PLEASE READ ALL THE TERMS OF THIS USAGE-BASED INSURANCE PROGRAM (“UBI”) TERMS OF SERVICE AGREEMENT (“TERMS” OR “AGREEMENT”) COMPLETELY AND CAREFULLY BEFORE USING THE UBI PROGRAM. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE UBI PROGRAM, TO WHICH YOU CONSENT TO BE BOUND BY YOUR CONTINUED USE OF THE UBI PROGRAM. CAPITALIZED AND ALL-CAPS TERMS NOT DEFINED IN THIS AGREEMENT HAVE THE MEANINGS PROVIDED TO THEM IN THE KIA CONNECT TERMS OF SERVICE.
AS FURTHER SET FORTH IN MORE DETAIL BELOW, THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS. THIS MEANS YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS OR REPRESENTATIVE ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.
To print our UBI PROGRAM Terms of Service, click here.
Welcome to the Kia UBI PROGRAM! The term “UBI PROGRAM” refers to our Kia Usage-Based Insurance Program which offers eligible customers the ability to have their Driving Score and other information shared with third-party insurance providers to receive additional potential savings offers for auto insurance premiums. To access or use features available through the UBI PROGRAM, please review Section 4 below and other directions provided in these Terms.
Please note that the UBI PROGRAM may not be available in all areas of the United States, and you may not be eligible for it. In addition, if KIA CONNECT SERVICES is unavailable in your Vehicle, then you are unable to participate in the UBI PROGRAM. We reserve the right to determine eligibility for the UBI PROGRAM subject to those limitations imposed by applicable law. These Terms, along with the Kia Connect Terms of Service, which are incorporated herein, are the agreement between us and you regarding our provision of the UBI PROGRAM to you, regardless of how you access or use the UBI PROGRAM. If you activate, receive, use, accept or otherwise access the UBI PROGRAM, you accept and agree to be bound by these Terms and the Kia Connect Terms of Service. To the extent there is a direct conflict between these Terms and the Kia Connect Terms of Service, these Terms will control with respect to your use of the UBI PROGRAM.
Table of Contents
It is important that you read and understand the entire Terms before using the UBI PROGRAM. This table of contents highlights key issues and points and you can click on the headings to be taken to the full explanation.
Service Requirements and Service Providers
Third-party providers may provide services in connection with the UBI PROGRAM. More
Questions, Customer Service and Feedback You Submit
FCRA Disclosures; Disputes Regarding Accuracy
Where applicable, you may have certain rights under the FCRA.More
Starting and Terminating the UBI PROGRAM
You may start and terminate your use of the UBI PROGRAM.More
Consent to Collection, Access, Monitoring and Recording
By using the UBI PROGRAM, you consent on behalf of yourself and any other drivers of your Vehicle to our monitoring and recording of you, your Vehicle, and any other drivers, as well as to our access, storage, and sharing of information collected in connection with our provision of the UBI PROGRAM and other related services.More
We disclaim most warranties and provide the UBI PROGRAM “As Is.”More
We are not an insurance company and the UBI PROGRAM is provided as a convenience.More
Resolving Disputes By Binding Arbitration
You agree to arbitrate most disputes and waive jury trial and class or representative actions to the maximum extent permitted by law. More
You agree to various other terms and conditions. More
IF YOU WANT TO USE THE UBI PROGRAM, THEN CAREFULLY READ THESE TERMS AND THE KIA CONNECT TERMS OF SERVICE, AS THEY CONSTITUTE A WRITTEN AGREEMENT BETWEEN YOU AND KIA AND THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. If you are under the age of majority in your state of residence to enter into a binding contract, you may use the UBI PROGRAM only with involvement and consent of a parent or guardian who is a member in good standing and maintains a KOP Account (defined below).
Each time you access and/or use the UBI PROGRAM, you agree to be bound by and comply with all of the terms and conditions of these Terms, the Kia Connect TERMS OF SERVICE, and any Additional Terms (defined below). Therefore, do not use the UBI PROGRAM if you do not agree to all of the terms of these Terms, the Kia Connect Terms of Service, and any Additional Terms. The business realities associated with operating the UBI PROGRAM are such that, without the limitations that are set forth in these Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes – we would not and, in some cases, could not make the UBI PROGRAM available to you.
In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the UBI PROGRAM or to a service or product offered thereon (in each such instance, and collectively, “Additional Terms”). To the extent there is a direct conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Full Details of UBI Terms of Service
In addition to the UBI PROGRAM defined in the introductory paragraph above, the term “UBI PROGRAM” additionally means any Internet domain address within which these Terms are posted and all features, widgets, applications, content, and downloads that are operated by us and that are available through or interact with the UBI PROGRAM and/or post a link to these Terms. The UBI PROGRAM is provided by Kia America, Inc. (herein referred to as “Kia,” “we,” “our” or “us”). Also, as used in these Terms, the terms “Kia,” “we,” “our,” or “us” shall be deemed to collectively refer to the following entities, each of which is intended to be a direct beneficiary of these Terms: (i) Kia America, Inc. and its parent company, affiliates, successors and assigns and authorized dealers of Kia-branded vehicles in the United States; (ii) any service provider engaged by Kia to provide services that are offered as part of the UBI PROGRAM, and their affiliates, successors and assigns; and (iii) any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing. As used in these Terms, the terms “you” and “your” shall be deemed to refer to, and these Terms shall be binding upon, any person or entity who has purchased, rented or leased a Vehicle equipped with the UBI PROGRAM and has activated or registered to use the UBI PROGRAM pursuant to Section 4 of this Agreement.
SERVICE REQUIREMENTS AND SERVICE PROVIDERS. In order for you to use the UBI PROGRAM, the Kia-branded vehicle (“Vehicle”) must come equipped with KIA CONNECT SERVICES hardware (the “KIA CONNECT SERVICES Hardware”), which is the equipment, including hardware and software, used to assist with providing the UBI PROGRAM. In order to utilize the UBI PROGRAM, you must have a wireless mobile Device with Bluetooth® wireless technology with a KIA CONNECT SERVICES App downloaded onto your mobile Device. Additionally, you must have an active Kia Owners Portal account (“KOP Account”), available at https://owners.kia.com, to receive access to the UBI PROGRAM. By signing up or otherwise utilizing the UBI PROGRAM, you represent and warrant that you are the owner of the Vehicle or otherwise have all necessary permissions from the owner of the Vehicle to bind both you and the owner of the Vehicle to these Terms.
QUESTIONS, CUSTOMER SERVICE AND FEEDBACK YOU SUBMIT. If you have any questions regarding using the UBI PROGRAM, you may contact the Kia Connect Call Center by sending us a message here or calling toll-free at: 1-844-886-9411. Except for the obligations imposed pursuant to Section 3 below, we have no obligation to provide you with customer support of any kind. We want to hear from you and will try to assist, but whatever customer support we may offer from time to time will be at our sole discretion, and will be provided only if you have a KOP Account and have opted in to the UBI PROGRAM.
FCRA DISCLOSURES; DISPUTES REGARDING ACCURACY. Certain information provided to third-party data providers under the UBI PROGRAM may be subject to the Fair Credit Reporting Act (“FCRA”). Where permitted under the FCRA, you have the right to dispute inaccurate information Kia has provided to third-party data providers pursuant to the UBI PROGRAM. To report a dispute regarding the accuracy of information Kia has provided to a third-party data provider under the UBI PROGRAM, you may contact the Kia Connect Call Center by calling toll-free at: 1-844-886-9411. Please note that accurate information cannot be changed.
STARTING AND TERMINATING THE UBI PROGRAM.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, the Kia Connect Terms of Service, any Additional Terms, or any applicable law, then we may suspend or terminate your access to the UBI PROGRAM. We also reserve the more general and broad right to terminate your KOP Account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability after which your KOP Account will be deactivated and your access to the UBI PROGRAM will terminate. This means that we can decide to cease providing the UBI PROGRAM to you at any time and for any reason, even for reasons unrelated to you or your KOP Account with us. Additionally, we may cancel your access to the UBI PROGRAM without prior notice to you if we have received information that establishes you are no longer the renter/owner/lessee of your Vehicle. This means, for example, we can terminate your access to the UBI PROGRAM immediately if you breach any part of these Terms, interfere with our efforts to provide the UBI PROGRAM, interfere with our business, or if your email or wireless phone number is used for illegal or improper purposes. You do not have any right to have the UBI PROGRAM reactivated, even if you cure any of these problems. Whether to allow you to have access to the deactivated UBI PROGRAM again will be entirely up to us. We can suspend your access to the UBI PROGRAM for any reason, including, without limitation, for network or system maintenance or improvement, or if there is network congestion. Notwithstanding any cancellation or deactivation of the UBI PROGRAM, the dispute resolution policy at Section 7 of the Kia Connect Terms of Service shall remain in full force and effect.
You may opt out of participating in the UBI PROGRAM at any time by visiting the UBI PROGRAM section of your KOP Account and selecting the “Leave Program” option. In the event you opt out of the UBI PROGRAM, you will no longer be eligible to receive potential savings on your auto insurance premium from third-party insurance providers. However, certain vehicle data will still be collected to provide your Driving Score, which is separate from your participation in the UBI PROGRAM. To re-enroll in the UBI PROGRAM, visit the Driving Score section of your KOP Account and select the “Learn More” option for Usage-Based Insurance.
If you have the UBI PROGRAM as part of KIA CONNECT SERVICES installed in your Vehicle and you sell or otherwise transfer your Vehicle to a new owner, you must immediately cease using the UBI PROGRAM as part of KIA CONNECT SERVICES and remove your Vehicle from your KOP Account.
If you have the UBI PROGRAM as part of KIA CONNECT SERVICES available with your Vehicle and you purchased your Vehicle from a previous owner as a used car, you must check to confirm that the previous owner disabled his or her access to the KIA CONNECT SERVICES associated with your Vehicle. If you fail to do so, the previous Vehicle owner may continue to have access to Vehicle information that is collected as you use the Vehicle and he/she may be able to interact and change the Vehicle’s settings. If you wish to confirm whether a previous owner disabled his/her access to the KIA CONNECT SERVICES, you must either bring your Vehicle to a Kia dealer or call Kia Connect Consumer Affairs at: 1-844-886-9411. You may be required to offer proof of ownership of your Vehicle before a previous owner’s access to the KIA CONNECT SERVICES will be disabled. Kia is not responsible or liable for any claims, damages or liability that may arise from any user’s failure to timely disable a previous Vehicle owner’s access to the UBI PROGRAM as part of KIA CONNECT SERVICES.
CONSENT TO COLLECTION, ACCESS, MONITORING AND RECORDING.A.
We may use the information we collect from your Vehicle to: deliver the UBI PROGRAM to you; manage your UBI PROGRAM account; support analysis and research purposes; improve your UBI PROGRAM experience; develop and provide new UBI PROGRAM features; and enhance your overall ownership experience. We may share information we collect with our service providers, including third-party data providers, who may, in turn, share this information with insurance companies, for purposes of providing the UBI PROGRAM. We may also share information as necessary with affiliates and third parties for analysis and research purposes, including data analytics partners. We require our service providers and third parties to use any information we provide them only as we specify. Where applicable law restricts our ability to use and/or share certain information about you and your Vehicle, including telematics information, this may have an impact on your ability to participate in the UBI PROGRAM.
When required, you agree we may release information, including location data, to comply with applicable laws or regulations, in legal proceedings to respond to 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 your Vehicle. We may share certain of your 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, and quality metrics, shall be owned by us.
Monitoring and Recording With Customer Service Representatives. For quality assurance and other purposes, we and our service providers may monitor and record conversations between customer service center representatives and your Vehicle’s occupants, as well as any conversations between customer service center representatives and you or others contacting the customer service centers to discuss your use of the UBI PROGRAM outside of the Vehicle. YOU CONSENT, ON BEHALF OF YOURSELF, ALL OCCUPANTS OF YOUR VEHICLE, AND ANYONE ENGAGED IN A CONVERSATION WITH US OR A SERVICE PROVIDER ABOUT YOUR VEHICLE, YOUR KOP ACCOUNT, OR YOUR USE OF THE UBI PROGRAM TO THE COLLECTION, MONITORING, STORAGE AND RECORDING OF ALL CONVERSATIONS BETWEEN THE SERVICE CENTER REPRESENTATIVES AND SUCH PERSONS, AND YOU RELEASE KIA FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES AND LOSSES THAT MAY RESULT FROM ANY SUCH MONITORED AND/OR RECORDED CONVERSATIONS. You further agree that call recordings may be shared with Kia service providers. YOU RELEASE KIA FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITIES ARISING OUT OF THE DISCLOSURE OF INFORMATION UNDER THOSE CIRCUMSTANCES.D.
Your Consent. IF YOU OPT OUT OF THE UBI PROGRAM, TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM WILL BE EFFECTIVE IMMEDIATELY. HOWEVER, YOU STILL CONSENT TO OUR CONTINUED COLLECTION, RECORDING, ACCESS, STORING AND USE OF APPLICABLE VEHICLE INFORMATION AND OTHER INFORMATION FOR PURPOSES OF THE DRIVING SCORE FEATURE AND ALL OTHER KIA CONNECT FEATURES.
NO WARRANTIES. Warranties are special kinds of promises. Your KIA CONNECT SERVICES Hardware may be covered by your Vehicle’s warranty so please check your warranty for details about specifically what is covered. HOWEVER, YOUR VEHICLE’S WARRANTY does not cover the KIA CONNECT SERVICES App or the UBI PROGRAM, which is provided to you on an “as is” and “where is” basis, without any warranty of any kind, express or implied.
NOT INSURANCE.The UBI PROGRAM is provided by Kia as a convenience. 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 KIA FROM AND AGAINST ALL HAZARDS COVERED BY YOUR INSURANCE. NO INSURANCE COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION AGAINST KIA.
RESOLVING DISPUTES BY BINDING ARBITRATION.MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING KIA’S CONSUMER ASSISTANCE CENTER AT 1-800-333-4KIA (4542). IN THE UNLIKELY EVENT THAT KIA’S CONSUMER ASSISTANCE CENTER IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. KIA WILL PAY ALL ADMINISTRATIVE COSTS OF THE ARBITRATOR, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS OR BROUGHT IN BAD FAITH. HOWEVER, IN ARBITRATION, BOTH YOU AND KIA WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.A.
Arbitration Agreement. Kia and you agree to arbitrate any and all disputes and claims between us arising out of or relating to the KIA CONNECT SERVICES including the UBI PROGRAM, the KIA CONNECT SERVICES App, the KIA CONNECT SERVICES Hardware, your KOP Account, these Terms, any Additional Terms, your Vehicle, or any matters relating to or arising out of your Vehicle purchase, ownership, or lease, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including injunctive and other relief sought, may be brought in a court of competent jurisdiction. The agreement to arbitrate otherwise includes, but is not limited to:
claims based in contract, tort, warranty, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Terms (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to your Vehicle for which you seek product or service support; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security, including the collection and use of data about you or your Vehicle; and claims that may arise after the termination of the Terms.
For purposes of this arbitration provision, references to "Kia," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of the KIA CONNECT SERVICES, products or information provided or made available under this or prior Agreements between us relating to or arising from any aspect of your use or access of the KIA CONNECT SERVICES, including the UBI PROGRAM. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Kia are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement or your relationship with Kia for any reason.B.
Written Notice of Dispute. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Kia should be addressed to: Kia America, Attn: Legal Department - Arbitration, 111 Peters Canyon Road, Irvine, CA 92606 (the “Notice Address”'). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Kia (the “Demand”'). If Kia and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Kia may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Kia or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Kia is entitled. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary). You may obtain more information about arbitration from www.adr.org.C.
Mass Arbitration. YOU AND KIA AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.
For purposes of this Agreement, “Mass Arbitration” 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) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other.
In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, you and Kia agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration 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. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, you and Kia agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration 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. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement.
You and Kia agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration.
If any part of this section 8(C) is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this Section 8(C) and this Agreement shall be enforced to the maximum extent permitted by law.
If the arbitration provider is unwilling or unable to follow the procedures set forth in this Section 8(C) with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable and widely-recognized arbitration organization that will agree to follow the procedures set forth in this this Section 8(C). In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in these Terms shall not apply to those demands within the Mass Arbitration.
If this specific Section 8(C) is found to be unenforceable in its entirety, then the entirety of this Section 8 arbitration provision shall be null and void. However, if only a portion of this Section 8(C) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of Section 8 enforced.D.
Filing Fees. After Kia receives Notice at the Notice Address that you have commenced arbitration, Kia will promptly reimburse you for your payment of the filing fee. The filing fee currently is $200, but is subject to change by the arbitration provider. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.E.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. 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 in court, then the court shall decide whether this Agreement permits class proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by the terms of this Agreement, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless Kia and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your billing or registered address. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, Kia will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Kia for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
Discovery. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.F.
No Class Action Matters. YOU AND KIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. Further, unless both you and Kia agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 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's individual claim. If this specific subparagraph (f) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (f) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (f) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.G.
Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any dispute arising hereunder may only be instituted in state or Federal court in Orange County, California. Accordingly, you and Kia consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Others Covered by these Terms. EACH OF THE PERSONS/ENTITIES LISTED IN THE FIRST PARAGRAPH OF THE “FULL DETAILS OF UBI TERMS OF SERVICE” SECTION ABOVE IS BOUND BY THIS AGREEMENT. YOU AGREE THAT YOU WILL MAKE ALL OF THE OCCUPANTS OF YOUR VEHICLE, WHETHER PASSENGERS, GUESTS OR DRIVERS OF YOUR VEHICLE, AWARE OF OUR RIGHTS AND SUBJECT TO THE LIMITATIONS OF THESE TERMS.B.
Our Relationship. Despite anything else these Terms say, these Terms do not create any fiduciary relationships between you and us. It also does not create any relationship of principal and agent, partnership, or employer and employee.C.
Kia’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grants Kia a right of consent or approval or permits Kia to exercise a right in its “sole discretion,” Kia may exercise that right in its sole and absolute discretion. No Kia consent or approval may be deemed to have been granted by Kia without being in writing and signed by an officer of Kia.D.
Investigations; Cooperation with Law Enforcement; Termination; Survival. Kia reserves the right, without any limitation, to: (i) investigate any suspected breaches of the UBI PROGRAM and Vehicle security or its information technology or other systems or networks; (ii) investigate (including access) and use any information collected through the UBI PROGRAM in any warranty or other type of claim or in any dispute with you; (iii) investigate any suspected breaches of these Terms and any Additional Terms; (iv) investigate (including access) any information obtained by Kia in connection with reviewing law enforcement databases or complying with criminal laws; (v) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters (including, without limitation, providing information to law enforcement authorities collected by the UBI PROGRAM); (vi) prosecute violators of these Terms and any Additional Terms; and (vii) discontinue the UBI PROGRAM, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Kia under these Terms or any Additional Terms. Upon suspension or termination of your access to the UBI PROGRAM, or upon notice from Kia, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the UBI PROGRAM. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Kia in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, and dispute resolution policy provided in Section 7 of the Kia Connect Terms of Service.E.
Operation of the UBI PROGRAM; Availability of Products and Services; International Issues. Kia controls and operates the UBI PROGRAM from its U.S.-based offices in the United States. The UBI PROGRAM is only available in the United States and Kia makes no representation that it is available to all areas of the United States. If you attempt to use the UBI PROGRAM from locations outside of the U.S., you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The UBI PROGRAM may describe products and services that are available only in the U.S. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the UBI PROGRAM and/or the provision of any content, program, product, service, or other feature described or available through the UBI PROGRAM to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms to the Convention on Contracts for the International Sale of Goods.F.
Export Controls. Software related to or made available by the UBI PROGRAM may be subject to export controls of the United States. No software from the UBI PROGRAM may be downloaded, transferred, released, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction on which the United States has embargoed goods, software, technology or services or imposed comprehensive territorial sanctions (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Syria, and the Crimea, ‘Donetsk People’s Republic,’ and ‘Luhansk People’s Republic’ regions of Ukraine) or comprehensive export controls on items described on the Commerce Control List (including, as of the effective date of these Terms, the aforementioned countries and territories as well as Russia and Belarus), or (ii) to any individual or entity on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons (“SDN List”) or the U.S. Commerce Department’s Table of Deny Orders or Denied Person List, or (iii) to any individual or entity on the U.S. Department of Commerce’s Entity List, Military End User List, or Unverified List as published in the Export Administration Regulations, 15 C.F.R. Part 744, or (iv) to any other individual, entity, country, or territory to which such provision would require a U.S. sanctions or export control license. You are responsible for complying with all applicable trade laws and regulations, including those maintained by the United States government. Except as authorized by law, you agree and warrant not to transfer, release, export or re-export the software, or to provide or transfer the services received under the UBI PROGRAM, to any country or territory, or to any person, entity, or end-user targeted by U.S. export controls or sanctions, including as set forth in subsections (i) – (iv) above. You represent and warrant that: (i) you are not located in a country or territory that is subject to a U.S. government embargo, comprehensive export controls, or comprehensive territorial sanctions, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties, including the SDN List, the Entity List, the Military End User List, or the Unverified List.G.
U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The UBI PROGRAM provided in connection with these Terms has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer site” and/or “commercial computer site documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.H.
Connectivity. You are responsible for obtaining and maintaining all personal computer, mobile phone, smartwatch or other wireless device, or other Internet enabled devices (each, a “Device”) and other equipment and software, and all internet service, mobile service, and other services needed for your access to and use of the UBI PROGRAM.I.
Amendments. This Agreement may be updated from time to time. You should check this website regularly for updates to this Agreement. Each time you access or use the KIA CONNECT SERVICES including the UBI PROGRAM, the KIA CONNECT SERVICES Hardware, the KIA CONNECT SERVICES App, or the Kia Owners Portal, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement. Modifications take effect as soon as they are posted to this website (or any of the websites, to the extent applicable to you), delivered to you, or reasonably made available to you in writing by Kia.J.
Miscellaneous Provisions. These Terms will not be presumptively construed for or against either party. Section titles contained herein are for convenience only. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). Even after these Terms have ended, its provisions will govern any disputes arising out of or relating to it (unless it has been replaced by a new agreement between us). It will also be binding on your heirs and successors and on our successors and assigns. No waiver of any part of these Terms, 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 DECIDE TO PROVIDE YOU SERVICE VOLUNTARILY EVEN IF YOU WOULD NOT OTHERWISE QUALIFY. THIS WILL NOT BE DEEMED A WAIVER OR REQUIRE US TO DO SO AGAIN. YOU AGREE WE WILL NOT BE LIABLE FOR ANYTHING RESULTING FROM OUR PROVISION OF SUCH SERVICE.