mbrace Terms of Service

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Privacy Policy

MERCEDES-BENZ - HUGHES Telematics Privacy Policy - mbrace Service

Protecting your privacy is very important to us. The effective date of this Privacy Policy is 11/16/09.

The purposes of this privacy policy (the "Policy") is to describe what information Mercedes-Benz USA, LLC ("MBUSA") and HUGHES Telematics ("HTI") may collect in connection with the mbrace services, why we collect it and under what circumstances and in what ways that information may be used or shared with each other and with our affiliates and third parties. This Policy is not intended to limit any data usage provisions contained in the Mercedes-Benz mbrace Terms of Service (the "Terms of Service") that you agreed to in order to receive the mbrace services or any other agreements that you may enter into with HTI or MBUSA. Please read this Policy and the Terms of Service carefully. Please note that this Policy may be changed from time to time, and that any changes will supersede the current Policy. In the event of a change, we will send you a copy of our new policy, and we may ask you to consent to it, but in all instances you will always be able to find our current Policy at www.mbusa.com/mbrace or www.hughestelematics.com. You can access the current Policy at these web sites, by requesting a copy from us by writing at: Hughes Telematics Privacy Policy, P.O. Box 422628, Atlanta, GA 30342-2628 or by calling us at 1-866-990-9007. Your continued use of mbrace services after any such change is made constitutes acceptance of the terms of the modified Policy.

Privacy Policy Highlights:

• HTI and MBUSA will share with each other, and with their affiliates and service providers, the information obtained from you or from your vehicle, or derived from your use of mbrace.
  
  

• HTI, MBUSA and their affiliates and service providers will use such information to provide the mbrace service to you and to occupants of your vehicle.
  
  

• HTI, MBUSA and their affiliates and service providers may also use and disclose such information to provide other services or offerings to you, and for other unrelated purposes.

1. WHY WE COLLECT INFORMATION AND WHAT WE COLLECT OR RECORD

Our primary goal in collecting personal information is to facilitate the provision of mbrace services. Providing both convenience services as well as safety and security services, including emergency crash notification, airbag deployment notification and stolen vehicle location services, involves a commercial relationship between you and us, and we and our service partners require certain personal information. For example:

• To receive the mbrace service, you must provide certain information in connection with the activation of your account and agreement to the Terms of Service, including your contact information (such as your name, address, email and emergency contact), your billing information, a credit card number, information about the purchase or lease of your Mercedes-Benz vehicle (the "Vehicle") and various other information.

Additionally, to provide the mbrace services, we may collect various information about your Vehicle including but not limited to the following:

• We may collect information concerning your Vehicle's operation, performance and feature utilization to enable MBUSA to, among other things, improve its products and services. Such information may include, but not be limited to, diagnostic trouble codes, maintenance conditions such as tire pressure and fuel economy.
  
  

• We may also collect information about accidents involving your Vehicle, such as whether air bags deployed to notify emergency personnel, and for other services for which you've subscribed.
  
  

• We will not regularly or continuously monitor or track the location of your Vehicle or estimate its speed unless such information is specifically required for a service for which you've subscribed, including, among other things, to provide you with directions from a location, automatic collision notification, vehicle location services, in the event your Vehicle is stolen, or you've agreed in a lease agreement, retail installment contract or other vehicle finance arrangement that such services may be used to facilitate the location and/or repossession of your Vehicle. In such instances, we may collect and/or develop, and retain information concerning the location, direction, speed, and other parameters relating to your Vehicle, caller identification, date and time of call and any operator comments, and we may share such information with each other and our affiliates and service providers.
  
  

• We may also monitor or record conversations you have with our customer service representatives, emergency personnel, or the police, as well as your use of any of our or their automated services, for various purposes, including (without limitation) in order to assess, maintain or improve the quality of the service, for issue resolution, training purposes or to promote and to provide the service.

2. USE OF YOUR INFORMATION

It is our policy to use the information we collect from you for purposes of delivering mbrace services to you or for other business purposes. We may also share such information with your dealer to assist it in servicing your car or for other business purposes. We may also use your information for a statistical analysis of mbrace service usage, to improve our product offerings, to customize the mbrace services and to maintain contact with you directly or through your Mercedes-Benz dealer.

3. DISCLOSURE OF YOUR INFORMATION

To provide the mbrace Services, we share your information with roadside assistance providers, emergency service providers (e.g., 9-1-1) and other service providers (e.g., concierge services) for the purpose of delivering the mbrace services to you. We may share information about activations of the services with your Mercedes-Benz dealer in order to allow the dealer to contact you. We also share pertinent information with the authorities in case the stolen vehicle location assistance service has been requested. We may also provide aggregated statistics about mbrace subscribers and related telematics service information to third-party vendors but these statistics will not include any personal identifying information. When required we may release information to comply with the law or orders of courts or other governmental authorities, or to enforce or apply the terms of our agreements with you. For example, we may be legally compelled to provide location data and other information to law enforcement agencies, pursuant to validly issued subpoenas or similar judicial or law enforcement procedures.

4. UPDATING OR CHANGING YOUR ACCOUNT INFORMATION

It is your obligation to correct or update the information you provide upon activation of the mbrace services when that information changes. You may modify this information by calling our customer specialist at 1-866-990-9007 or writing to the HTI mbrace Response Center at Hughes Telematics, P.O. Box 422628, Atlanta, GA 30342-2628. You may elect not to receive promotional correspondence from us by following the instructions found in the "Your Consent" section below, or simply by contacting us at 1-866-990-9007 or Hughes Telematics, P.O. Box 422628, Atlanta, GA 30342-2628.

5. PROTECTION OF INFORMATION

We take various precautions, including administrative, technical and physical measures to protect against the loss of, or unauthorized access to, the information under our control. For example, depending upon the application, we employ the use of encryption technologies and user authentication systems such as passwords and personal identification numbers. Similarly, information is stored under secure measures with access limited only to authorized individuals. Although we take your privacy very seriously and we use industry standard practices to protect the privacy of your information, we cannot guarantee that your information will always remain private.

6. SECURITY ON CELLULAR AND WIRELESS NETWORKS.

In providing mbrace services to you, voice and data are transmitted between the response center and your Vehicle over wireless and cellular telephone networks. These networks are complex and not necessarily secure. Although it may be illegal for unauthorized people to intercept your calls or data, the privacy and security of conversations or data transmitted to and from the Vehicle cannot be guaranteed.

7. FINANCIAL INFORMATION

We may collect your financial information such as credit and debit card numbers and bank and other financial institution account numbers in connection with transactions you enter into with us. We use your financial information to help us process these transactions. We may use third party service providers to help us perform some of these tasks. In such instances, we will provide your financial information to these third parties for the sole purpose of performing these tasks. We may also provide your financial information to your credit card issuer, financial institutions, credit card processors or other payment processors to process transactions. We will not be responsible or otherwise liable for any use or disclosure of your financial information by a third party to whom we are allowed to disclose your financial information under this Privacy Policy.

8. USE OF MBRACE AND HTI WEB SITES

When you browse the mbrace or HTI web site, personally-identifiable and non-personally identifiable information is collected from you and about your computer and your visit. For example, you may submit on our web site your name, contact information, Vehicle VIN number, route navigation preferences, and the like. In addition, data about your browsing may be collected as you interact with the mbrace web site, the HTI web site or web sites of our partners. We may collect and use your IP address and the Web site address of your point of entry to our sites, as well as other information about your connection, including your computer's browser and platform type and your Internet connection speed. We use this information to monitor statistics such as how many people visit our Web sites; which pages people visit on our sites and how much time is spent on each page; which Web domains our visitors come from and which browsers are used to visit our sites.

In addition, we may use "cookies" and other technologies on our web site. Our use of "cookies" allows you to maintain your account login information between visits to our web sites. It also better allows us to measure activity at the site and improve the user experience. We may use "cookies" or other technologies to tell us the time and length of your visit to the web site. If you wish to disable or delete "cookies" from your computer, please see your browser's help instructions and follow the procedures they provide. Additional information about removing cookies is found in the user documentation for your Adobe Flash player software. Please be aware that cookies may be required to complete certain functions on our and other web sites, such as ordering services online.

We may also use "clear GIFs" (aka "Web beacons" or "pixel tags") or similar technologies, our web sites and/or in our communications with you to enable us to know whether you have visited a web page or received a message.

9. YOUR CONSENT

By using mbrace services, you agree to the practices and procedures described in this Policy. You also consent to our contacting you in your Vehicle or at your address, email address or phone number on file for the purpose of delivering mbrace services to you and to discuss your account services, features and benefits. From time to time, we may also send you information about selected products, services or offers we think may be of interest to you. Each email you receive from us for offers other than mbrace services will provide a link to unsubscribe to future offers about that product. Alternatively, if you do not want to receive emails about our offers or products, just contact a Customer Service representative at 1-866-990-9007 or Hughes Telematics Privacy Policy, P.O. Box 422628, Atlanta, GA 30342-2628. Please note that even if you choose not to receive marketing emails from us, you may still hear from us regarding the status of the mbrace services and any other service issues and order status updates that will allow us to provide you with the optimal user experience.

We or our partners or affiliates may also use your name, postal delivery information and phone number to contact you offline about products, services or offers that we think would be of interest to you. If you do not wish us to contact you offline please contact us at 1-866-990-9007 or Hughes Telematics Privacy Policy, P.O. Box 422628, Atlanta, GA 30342-2628.

By giving us your e-mail address and/or obtaining products and/or services through our web sites, you agree to receive e-mail marketing from us and our third-party advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Telemarketing Sales Rule, 16 C.F.R. §310 et seq., as amended from time to time (the "TSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's or a State's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the TSR or such States' laws, rules and regulations. Moreover, by registering with, or requesting information from, a partner or affiliate, such action constitutes a purchase, an inquiry and/or an application with the respective partner or affiliate for purposes of the TSR and you may be contacted via e-mail, direct mail and/or telemarketing by such partner or affiliate in accordance with the TSR. (You may always opt-out of receiving promotional calls from us by contacting us at or 1-866-990-9007 or Hughes Telematics Privacy Policy, P.O. Box 422628, Atlanta, GA 30342-2628.

10. SALE OF OUR CORPORATION

As in any business venture, the sale, merger or declaration of bankruptcy of a company is always a possibility. Should we ever declare bankruptcy or should our assets ever be acquired by or merged into another organization, all customer information we have collected will be treated as an asset and may be transferred to a third party.

11. LINKS

The mbrace or HTI web site may contain links to other sites, including, among others, those of advertisers, other third parties and companies whose trademarks may appear on the Site. We are not responsible for the information collection practices or the content of the sites to which we link.

12. YOUR COMMENT

We welcome feedback concerning this Policy. Please send your comments and questions to legal@hughestelematics.com or 1-866-990-9007 or Hughes Telematics Privacy Policy, P.O. Box 422628, Atlanta, GA 30342-2628.

Web Site Terms of Use

Welcome to mbrace.mbusa.com (the "Web site") owned by Mercedes-Benz USA, LLC and operated by Hughes Telematics, Inc. ("Hughes Telematics" or "we"). Please read these Web site Terms of Use and the accompanying Privacy Policy, as well as the mbrace Terms and Conditions carefully before using this Web site and/or submitting any personal information that could identify you (including but not limited to name, address, telephone number and email address). By using this Web site, you signify your agreement to the Web site Terms of Use and the Privacy Policy. This Web site is intended solely for use by subscribers or prospective subscribers to the mbrace service. If you do not agree to the Web site Terms of Use and/or the Privacy Policy, and if you are a subscriber, if you do not agree to the mbrace Terms and Conditions, do not use this Web site.

It is a condition to your use of this Web site that you agree not to use the Web site it in any way contrary to the mbrace Terms and Conditions, including in any way that is illegal, fraudulent or abusive, including to harass, threaten, abuse, defame, or slander any individual or entity.

Further, you agree that Hughes Telematics, reserves the right to issue a warning and/or to suspend or terminate providing to you access to the Web site, at any time and for any reason in our sole discretion, including if you breach the mbrace Terms and Conditions, or any other applicable agreement or policy, or if we suspect your mbrace service or equipment is being used for any unauthorized or inappropriate purpose, even for reasons unrelated to you or your account with us, or for any other reason in our sole discretion. In addition, you acknowledge that we or Mercedes-Benz USA, LLC and its affiliates and/or our other service partners may collect, information about you or your vehicle from your use of the Web site or the web sites of our or their service partners. Specifically, when you browse the Web site or the Hughes Telematics web site, personally-identifiable and non-personally identifiable information is collected from you and about your computer and your visit. For example, you may submit on our web site your name, contact information, Vehicle VIN number, route navigation preferences, and the like. In addition, data about your browsing may be collected as you interact with the Web site, the Hughes Telematics or web sites of our partners. We may collect and use your IP address and the Web site address of your point of entry to our sites, as well as other information about your connection, including your computer's browser and platform type and your Internet connection speed. We use this information to monitor statistics such as how many people visit our Web sites; which pages people visit on our sites and how much time is spent on each page; which Web domains our visitors come from and which browsers are used to visit our sites.

In addition, we may use "cookies" and other technologies on our web site. Our use of "cookies" allows you to maintain your account login information between visits to our web sites. It also better allows us to measure activity at the site and improve the user experience. We may use "cookies" or other technologies to tell us the time and length of your visit to the web site. If you wish to disable or delete "cookies" from your computer, please see your browser's help instructions and follow the procedures they provide. Additional information about removing cookies is found in the user documentation for your Adobe Flash player software. Please be aware that cookies may be required to complete certain functions on our and other web sites, such as ordering services online.

We may also use "clear GIFs" (aka "Web beacons" or "pixel tags") or similar technologies, our web sites and/or in our communications with you to enable us to know whether you have visited a web page or received a message.

COPYRIGHTS AND TRADEMARKS

The names and marks of Hughes Telematics, including without limitation, "Hughes Telematics" and "mbrace" are trademarks owned or licensed to Hughes Telematics. Mercedes-Benz and "mbrace" are trademarks of Daimler AG or its affiliates. All materials, including but not limited to images, audio and video clips, animation, diagrams, photographs and any and all information of any kind in any form (the "Materials"), incorporated into, published or otherwise exhibited on this Web site are protected by copyright or other intellectual property rights and are owned and/or controlled by Hughes Telematics or third parties who have licensed Hughes Telematics the right to include the Materials in this Web site. Any copying, reproducing, republishing, uploading, posting, modifying or transmission or distribution of any Materials is strictly prohibited and will be considered a violation of Hughes Telematics' intellectual property rights and could result in legal liability and/or criminal sanction.

DISCLAIMER

In no event shall Hughes Telematics, and/or MBUSA, their officers, directors, agents, partners, affiliated entities or employees be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to loss of data or profit, arising out of or in connection with the use or performance of the information on this Web site, even if Hughes Telematics or a Hughes Telematics authorized representative shall have been advised of the possibility of such, and whether based in an action in contract, tort, or any other theory of liability.

You agree to use this Web site entirely at your own risk. Hughes Telematics makes no claim that this Web site or the servers that make it available for use are free of viruses or defects. The links to other web sites are provided only as a convenience to you and do not constitute any endorsement of the linked web sites or any information, services or products that are provided or offered by the linked web sites. You agree that you use any linked websites entirely at your own risk.

End-User License Agreement - Android

End-User License Agreement

This is a legal agreement between you and HUGHES Telematics, Inc. ("HTI") regarding software ("Software") and data ("Data") that are provided for your personal use only on your personal mobile device and not for resale. By electronically indicating that you "agree" or "accept" by clicking or marking in the appropriate location below or by installing or using the Software or Data, you agree to be bound by the terms of this End-User License Agreement (this "EULA"). If you do not agree to the terms of this EULA, you are not entitled to use the Software and Data and must electronically indicate that you "Decline" or otherwise terminate the installation process. The Software and Data are protected by copyright, and are subject to the following terms and conditions which are agreed to by you, on the one hand, and HTI and its licensors (including their licensors and suppliers) on the other hand. The terms of the license will govern any upgrades provided by HTI or its licensors that replace and/or supplement the original Software or Data, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.  These Terms and Conditions shall not limit any right of HTI or protection afforded to HTI or any consent of yours or obligation of yours contained in the mbrace Subscriber Agreement between you and HTI (the "Subscriber Agreement"), a copy of which is available at www.MBUSA.com/mbrace, the terms of which you reaffirm by entering into this EULA.

This EULA is concluded between you and HTI, not Google, and HTI is solely responsible for the Software and content thereof in accordance with the terms of this EULA.

TERMS AND CONDITIONS

Personal Use Only. You agree to use the Software and Data together with HTI's mobile application solely for the personal or internal business purpose for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in this EULA, you may copy the Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree that the Software and Data and all upgrades, corrections, and enhancements thereto shall be and remain at all times the property of HTI and its licensors and/or suppliers (including all copyrights and other intellectual property rights relating thereto). HTI grants to you a terminable, limited, non-exclusive, non-transferable license, without the right to sublicense, to use the Software and Data, provided you do not (a) make available or distribute all or any part of the Software, Data or documentation to any third party whether by assignment, sublicense, electronic transmission or by any other means; or (b) copy, adapt, reverse engineer, decompile, disassemble, create derivative works of, or modify any portion of the Software or Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws. You agree that this EULA is enforceable by HTI and its licensors. You agree to abide by all laws and regulations applicable to the Software and their content and these terms.

Termination. The license is effective until terminated by you or HTI. Your rights under this license will terminate automatically without notice from HTI if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Software and Data, and delete all copies, full or partial, of the Software, and if requested by HTI, certify to HTI or its licensors that such deletion occurred. HTI and its licensors will be entitled, on reasonable grounds, including the reasonable belief of fraud or illegal activity by you in your use of the Software or Data, to suspend access by you to some or all Software or Data. In addition, this license may be terminated by HTI with immediate effect by written notice if HTI's agreement with a supplier or licensor of the Software or Data is terminated or restricted for any reason. You understand that HTI and its licensors may be required by law enforcement agencies to disclose information regarding your use of the Software or Data and that HTI and its licensors will comply with such requests.

Services; Third Party Materials. The Software may enable access to HTI's and third party services and web sites (collectively and individually, "Services"). HTI does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, web sites or for any other materials, products, or services of third parties ("Third Party Materials"). Third Party Materials and links to other web sites are provided solely as a convenience to you.  You agree to comply with any applicable third-party terms of agreement when using the Software or Data.

Location data may not be accurate. The Services are not intended to be relied upon in situations where precise location information is needed or desired, or where erroneous, inaccurate or incomplete location data may lead to inconvenience, harm or damages including but not limited to death, personal injury, harm to property or environmental damage. Use of the Services may require wireless communication services, global navigation satellite system services, and Internet access, and that you accept additional terms of service.

LOCATION DATA AND OTHER SERVICES WILL NOT BE PROVIDED FOR VEHICLES THAT ARE NOT LOCATED WITHIN THE UNITED STATES, CANADA OR PUERTO RICO.

Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.

Disclaimer of Warranties. THE SOFTWARE AND DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU AGREE TO USE IT AT YOUR OWN RISK. HTI AND ITS LICENSORS DO NOT MAKE ANY WARRANTIES, GUARANTEES, REPRESENTATIONS OR STATEMENTS WHATSOEVER WHETHER EXPRESSED OR IMPLIED BY STATUTE, CUSTOM, USAGE OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DATA INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, AND NON-INFRINGEMENT, OF MERCHANTABILITY OR QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SOFTWARE AND DATA IS ACCURATE, COMPLETE, EFFECTIVE, RELIABLE AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. HTI DOES NOT WARRANT THAT THE SOFTWARE, DATA OR SERVICE WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, OR THAT THE OPERATION OF THE SOFTWARE, DATA OR SERVICES WILL BE UNINTERUPTED OR ERROR-FREE OR THAT ERRORS IN THE SOFTWARE, DATA OR SERVICES CAN OR WILL BE CORRECTED. YOU AGREE THAT NO COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE SHALL APPLY TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOUR ONLY REMEDIES IN RESPECT OF ANY CLAIM WHATSOEVER THAT YOU MAY WISH TO BRING AGAINST HTI AND ITS LICENSORS ARE AS EXPRESSLY PROVIDED IN THIS AGREEMENT. Some states and territories and countries do not allow certain warranty exclusions, so solely to that limited extent the above exclusion may not apply to you.

Limitation on Liability. HTI AND ITS LICENSORS OR ANY THIRD PARTY SUPPLIER SHALL IN NO CIRCUMSTANCES HAVE ANY LIABILITY WHATSOEVER TO YOU FOR:

ANY INDIRECT OR CONSEQUENTIAL LOSS OR ANY LOSS OF ACTUAL OR ANTICIPATED PROFIT, REVENUE OR GOODWILL OR LOSS OF USE OF THE SOFTWARE AND DATA BY YOU OR FOR ANY OF YOUR LIABILITTY TO ANY OTHER PARTY OF WHATEVER KIND HOWSOEVER ARISING (INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS, CLAIMS FOR DAMAGES OR AWARDS OR OTHERWISE); OR

ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU UNDER OR IN CONNECTION WITH THIS AGREEMENT (WHETHER ARISING IN CONTRACT OR IN TORT OR OTHERWISE AND WHETHER AS A RESULT OF NEGLIGENCE OR OTHERWISE) EXCEPT TO THE EXTENT OF AN AMOUNT EQUAL TO THE AMOUNT YOU PAID TO HTI IN THE PRIOR YEAR FOR THE SOFTWARE OR DATA PROVIDED BY HTI UNDER THIS AGREEMENT MEASURED AT THE DATE THE CLAIM ARISES; OR

ANY INACCURACIES, COMPLETENESS, DELAYS, FAILURES TO TRANSMIT, INTERRUPTIONS, ERRORS OR OMISSIONS RELATING TO THE SERVICE, DATA, SOFTWARE OR OTHER INFORMATION, LACK OF SECURITY IN DELIVERY OF THE SERVICE, DATA OR OTHER INFORMATION, REGARDLESS OF CAUSE; OR

ANY TECHNOLOGICAL, ELECTRONIC OR OTHER MALFUNCTIONING OF ANY TELECOMMUNICATIONS COMPUTER OR ELECTRONIC EQUIPMENT ON OR OVER WHICH THE SERVICE OR ANY DATA OR OTHER INFORMATION IS RECEIVED BY OR TRANSMITTED BY HTI AND ITS LICENSORS.

Consent to Use of Data: You agree that HTI may collect and use technical data and related information including, but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software or Data. HTI may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Export Control. You agree not to export from anywhere any part of the Software or Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. In particular, but without limitation, the Software or Data may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software or Data, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.

Entire Agreement. These terms and conditions constitute the entire agreement between HTI (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to the Software and Data, but shall not in any way limit any term of the Subscriber Agreement.

Governing Law. The above terms and conditions shall be governed by the laws of the State of New York. You agree to submit to the jurisdiction of the State of New York for any and all disputes, claims and actions arising from or in connection with the Software or Data provided to you hereunder. Notwithstanding the foregoing, complaints, arbitration or other legal actions involving California customers will be interpreted under the laws of the State of California, and will be subject to the jurisdiction of the courts of the California county in which the customer primarily uses the Software or Data.

Contact Information, You may notify us by postal mail (Hughes Telematics, Inc., 2002 Summit Blvd, Suite 1800, Atlanta, Georgia 30319), phone (1-866-990-9007), or by electronic means (via our website at www.hughestelematics.com) with any questions, complaints or claims with respect to the Software or Data. Such notices will be considered effective after we receive them. In particular, any written notice from you will be considered given when we receive it at our address provided above.

By agreeing to this EULA, you also agree to comply with the Google Terms of Use available at http://www.google.com/googlebooks/tos.html and the Google Online Privacy Statement available at http://www.google.com/intl/en/privacy/privacy-policy.html.