Mopar Connect Terms of Service

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  1. INTRODUCTION
  2. MANDATORY ARBITRATION
  3. ELECTRONIC SIGNATURE AND DISCLOSURE CONSENT NOTICE
  4. PRIVACY
  5. EMAIL COMMUNICATIONS
  6. LOCATION-BASED SERVICES
  7. OTHER DISCLOSURES OF VEHICLE INFORMATION
  8. RECORDING AND MONITORING CALLS
  9. SUBSCRIPTION PERIOD; NO REFUNDS OR PRORATION; FEES
  10. LOSS OF ELECTRICAL POWER
  11. OTHER LIMITATIONS AND RESTRICTIONS
  12. YOUR RESPONSIBILITIES
  13. ACCURACY OF RESULTS
  14. STORED DATA
  15. TRANSPORTED DATA
  16. NETWORK MANAGEMENT AND PERFORMANCE
  17. SOFTWARE UPDATES
  18. INTELLECTUAL PROPERTY
  19. TERMS ABOUT SPECIFIC SERVICES
  20. PROHIBITED NETWORK USES
  21. INTERNATIONAL ROAMING
  22. OFF-NETWORK ROAMING
  23. DISCLAIMER OF WARRANTIES
  24. INDEMNIFICATION
  25. LIMITATION OF LIABILITY
  26. MODIFICATIONS AND SUSPENSIONS
  27. FORCE MAJEURE
  28. DISPUTE RESOLUTION
  29. MISCELLANEOUS
INTRODUCTION

Mopar Connect is a consumer wireless service for use in certain Chrysler Group LLC (“Chrysler”) vehicles that may include remote features, vehicle health reports, theft alarm notification, stolen vehicle location assistance, performance pages and smartphone applications (“Mopar Connect Services”). Mopar Connect Services are provided by Autonet Mobile, Inc. and its vendors and suppliers (“Autonet Mobile”), and these Mopar Connect Terms of Service apply to those Mopar Connect Services. Services provided by other third parties may be subject to alternative or additional terms and conditions.

By using the Mopar Connect Services, you agree that you are bound by these Mopar Connect Terms of Service as well as any other written services and transaction materials that you may receive or be referred to and any confirmation materials that you may receive or be referred to, including the help page and documentation relating to a particular Mopar Connect Service.

“Device” means the telematics control unit and the supporting features enabled by the software loaded on the telematics control unit.

All terms in the Mopar Connect Terms of Service are fully enforceable by Autonet Mobile and Chrysler, respectively. For example and without limitation, Autonet Mobile and Chrysler can each enforce and benefit from the arbitration provision, disclaimers of warranty, disclaimers of guarantees, any limitations of liability, and exclusions on consequential and other damages. Nothing in the Mopar Connect Terms of Service shall be construed to confer any right of redress against Chrysler in connection with provision of the Mopar Connect Services.

Autonet Mobile and Chrysler (collectively defined as “we”, “us” “our” or words of similar import) reserve the right to modify the Mopar Connect Services and these Mopar Connect Terms of Service at any time without notice in their sole discretion, respectively. If you do not agree with the modifications, your sole and exclusive remedy is to stop using the Mopar Connect Services and provide us a notice of cancellation.

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1. MANDATORY ARBITRATION

AS SET FORTH MORE FULLY IN SECTION 27 BELOW, YOU, CHRYSLER, AND AUTONET MOBILE AGREE TO A MANDATORY ARBITRATION PROVISION THAT PROVIDES THAT (EXCEPT FOR MATTERS PROPERLY BROUGHT TO SMALL CLAIMS COURT) ANY CLAIM, CONTROVERSY, OR DISPUTE IN ANY WAY RELATED TO OR CONCERNING THE MOPARCONNECT SERVICES OR THESE TERMS OF SERVICE MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. WITH RESPECT TO SUCH CLAIMS, YOU, AUTONET MOBILE, AND CHRYSLER WAIVE THE RIGHT TO A TRIAL BY JURY AND THE ABILITY TO BRING OR PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IN COURT OR ARBITRATION.

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2. ELECTRONIC SIGNATURE AND DISCLOSURE CONSENT NOTICE

You agree to the use of electronic documents and records in connection with your registration for the Mopar Connect Services and all future documents and records in connection with the Mopar Connect Services—including without limitation this electronic signature and disclosure notice—and that this use satisfies any requirement that We provide you these documents and their content in writing. If you do not agree, do not accept the Mopar Connect Terms of Service or use the Mopar Connect Services. You have the right to receive a paper copy of all documents and records. You may (i) obtain a paper copy of any document or record (free of charge) (ii) withdraw your consent to the use of electronic documents and records, or (iii) update your information at www.moparownerconnect.com. To receive or access electronic documents and records, you must have the following equipment and software: (a) a device that is capable of accessing the Internet; (b) an Internet browser that supports HTML 4.0 and 128-bit SSL encryption, such as Microsoft Internet Explorer 7 and higher, Firefox 3 and higher, Chrome 3.0 and higher; and (c) software that permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader 8.0 or higher, and email. To retain documents and records, your device must have the ability to download and store PDF files. Your access to this page verifies that your system and device meets the above receipt, access, and retention requirements. Your clicking on the “I accept” button indicates your signature and your consent and acceptance.

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3. PRIVACY

The Mopar Connect Privacy Policy is available at www.moparconnect.net/privacy.html. This policy may change from time to time, so review it with regularity and care. The Mopar Connect Privacy Policy governs data relating to your use of the Mopar Connect Services. Your data may be shared by Autonet Mobile with Chrysler under the Mopar Connect Privacy Policy and that policy is fully enforceable by each of us. You must be aware that your information and your vehicle data (including location information) may be collected, used, disclosed, and shared in accordance with this Agreement and U.S. laws, rules, and regulations. You consent to the collection, use and disclosure of this data, including by Autonet Mobile and Chrysler. Your vehicle, as manufactured, may include certain features that may collect vehicle data (including location information) even before you buy your vehicle and before and after your use of the Mopar Connect Services. We use this data as described in the Mopar Connect Privacy Policy for diagnostics, for troubleshooting, and to provide you with various services. If We collect location information after you buy or lease your vehicle but before you register for the Mopar Connect Services, We will obtain your consent. If you do not want this information to be collected, used, or shared, you may opt-out by www.moparownerconnect.com.

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4. EMAIL COMMUNICATIONS

We reserve the right to use the email address that you provide to communicate with you about the Mopar Connect Services. We may also use your email to tell you about Autonet Mobile or Chrysler products and services unless you have asked not to receive marketing emails from Autonet Mobile or Chrysler.

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5. LOCATION-BASED SERVICES

The environment may limit location-based service information. You consent to the sharing of your location and other needed enabling information to third parties as described in the Mopar Connect Privacy Policy. It is your responsibility to notify other users of your vehicle that your vehicle’s location can be identified.

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6. OTHER DISCLOSURES OF VEHICLE INFORMATION

In addition to the service features in your selected package, your vehicle may include certain features that will provide information about your vehicle, your vehicle’s performance, your vehicle’s location, your feature utilization, and other topics to third parties to enable the third parties to, among other things, improve their products and services. This vehicle information will be collected by Autonet Mobile and shared with Chrysler. You hereby consent to Autonet Mobile and Chrysler disclosing this information. Additional information about vehicle information and other collection information is described in the Mopar Connect Privacy Policy.

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7. RECORDING AND MONITORING CALLS

We may record and monitor customer calls. Autonet Mobile may share the recordings of the calls and the information obtained through monitoring of the calls with Chrysler. Chrysler or its agent may record and monitor your calls with Mopar Customer Care. We may share information obtained through the recording and monitoring in accordance with our legal and regulatory requirements. YOU CONSENT TO THIS RECORDING AND MONITORING. YOU CONSENT TO SHARING OF INFORMATION OBTAINED THROUGH THESE RECORDINGS AND MONITORING. Your consent in this section is ongoing. Your consent applies to all conversations between Autonet Mobile, Mopar Customer Care and you, the occupants of your vehicle, or any person contacting Autonet Mobile or Mopar Customer Care on your behalf. In addition, your consent applies whether or not a verbal or written notification of the recording and monitoring is given at the beginning of the conversations.

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8. SUBSCRIPTION PERIOD; NO REFUNDS OR PRORATION; FEES

Service charges are non-refundable and not subject to any proration. If the Mopar Connect Services are terminated or modified before your subscription period ends, you will not receive a refund. Your subscription period begins when you purchase the Mopar Connect Services and you will be automatically charged each month until you unsubscribe, unless you received an annual or other subscription as part of the purchase of your vehicle. This means that if you sell your vehicle, your vehicle is stolen, your vehicle is destroyed, or you cease using the Mopar Connect Services, you will not receive a refund. You must unsubscribe at least 3 days before the end of your subscription period to prevent charges for the upcoming period. When you unsubscribe, you will be able to use the Mopar Connect Services for the remainder of your subscription period. If your right to use Mopar Connect Services expires—or is suspended or cancelled—you will not receive any refund for the remaining subscription period, but you will not be charged for future subscription periods. Additional fees to facilitate the provision of the Mopar Connect Services may be imposed at any time, with or without notice. Additional fees may apply to additional Mopar Connect Services features and applications that we may make available from time to time if you elect to use those additional Mopar Connect Services.

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9. LOSS OF ELECTRICAL POWER

Your vehicle must have a working electrical system for the Mopar Connect Services to operate. IF YOUR VEHICLE LOSES BATTERY POWER OR SUSTAINS DAMAGE TO CRITICAL ELECTRICAL AND/OR ANTENNA WIRING AND SUBSYSTEMS FOR ANY REASON (INCLUDING BEFORE, DURING, OR AFTER AN ACCIDENT) THE MOPARCONNECTSERVICES WILL NOT OPERATE.

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10. OTHER LIMITATIONS AND RESTRICTIONS

Many other factors can also affect operation of the Mopar Connect Services. For example, wireless coverage area, network or internet congestion, software, signal strength, structures, buildings, weather, geography, topography, actions of third parties, damage to or malfunction of important parts of your vehicle in an accident or otherwise, physical location of the vehicle (e.g., in an underground parking structure, on a bridge) may limit or restrict operation of the Mopar Connect Services. You agree that use of the Mopar Connect Services is subject to these limitations and restrictions outside of Autonet Mobile’s and Chrysler’s control.

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11. YOUR RESPONSIBILITIES
  • 11.1 Drive Responsibly

    Always drive safely with your hands on the wheel. You have full responsibility and assume all risks related to the use of the Mopar Connect Services, features, and applications. Only use the Mopar Connect Services when it is safe to do so. Failure to do so may result in an accident involving serious injury or death. You are responsible for following all applicable laws, rules, and regulations, including requirements of relevant government law enforcement or regulatory bodies, applicable to the use of the Mopar Connect Services.

  • 11.2 Protect Your Mopar Connect Services Security PIN

    The Mopar Connect Security PIN is used to provide authentication to your account. If your package includes it, your Mopar Connect Services Security PIN provides access to use certain features and applications, for example remote door lock, door unlock, horn and lights, remote start, and to make changes to your Mopar Connect Services. You must protect your PIN. Do not disclose it to anyone that you do not wish to use it. You are responsible for the actions of every person that has your PIN related to the Mopar Connect Services.

  • 11.3 Compliance with Terms

    You are responsible for your own compliance with these Terms of Service and for the compliance of all occupants of your vehicle and users of your service account, whether or not authorized by you. You agree to make all other drivers, passengers, or guests of your vehicle aware of and subject to these Mopar Connect Terms of Service. You are solely responsible for the use of the Mopar Connect Services for your vehicle, even if you are not the one using the Mopar Connect Services and even if you claim later that another person’s use was not authorized.

  • 11.4 Not Insurance

    You are responsible for your vehicle insurance. The Mopar Connect Services do not provide your vehicle insurance. The Mopar Connect Services are not an insurance product. Neither Autonet Mobile nor Chrysler are insurance companies. The payments you make for your Mopar Connect Services are not related to the value of your vehicle or any property in it or the cost of any injury to or damages suffered by you or anyone else. You should obtain and maintain adequate insurance covering your vehicle, property, and injuries to you or anyone else. The Mopar Connect Services are conveniences.

  • 11.5 Vehicle Stolen or Sold

    You agree to notify us immediately if your vehicle is stolen or sold. However, your notification of your stolen or sold vehicle does not automatically cancel your subscription. If you want to cancel your subscription, you must unsubscribe.

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12. ACCURACY OF RESULTS

We do not guarantee any results or the accuracy of any results that you may obtain from the Mopar Connect Services, including but not limited to any location calculated by the Mopar Connect Services. You agree that the Mopar Connect Services are subject to limitations and restrictions outside of Autonet Mobile’s and Chrysler’s control, which include such things as wireless network capabilities, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, and other factors associated with the use of satellites and satellite data.

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13. STORED DATA

If Autonet Mobile stores data on or about the Mopar Connect Services, then Autonet Mobile may delete the data without notice or place restrictions and limits on the use of storage areas. Data stored as part of the Mopar Connect Services, on a Device, transmitted over the wireless networks, or stored by Autonet Mobile or one of its wireless carriers, may be deleted, modified, or damaged. We have no responsibility in connection with the storage or maintenance of any data.

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14. TRANSPORTED DATA

You agree that no data transmitted over Autonet Mobile’s wireless service provider(s) networks or the internet is guaranteed to be secure. Autonet Mobile is not guaranteeing that any data that you submit to it will be free from unauthorized intrusion.

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15. NETWORK MANAGEMENT AND PERFORMANCE

For important information on Autonet Mobile’s network management tools, policies, and other related information, please visit support.moparconnect.net.

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16. SOFTWARE UPDATES

The Mopar Connect Services use software that may need to be upgraded or changed. You agree that we may perform remote upgrades and changes without notifying you.

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17. INTELLECTUAL PROPERTY
  • 17.1 Autonet Intellectual Property

    Any and all intellectual property embodied in the Device or Mopar Connect Services are confidential and proprietary to Autonet Mobile (or its third party licensors). Except as expressly permitted otherwise under applicable law, you will not disassemble, decompile, or reverse engineer the Device or any software related to the Mopar Connect Services, or otherwise attempt to discover Autonet Mobile's or any third party's intellectual property (including software) as embodied therein. We reserve all of our rights, title, and interest in and to its intellectual property. Any feedback, ideas, or suggestions you provide in connection with the Device or Mopar Connect Services are hereby assigned to Autonet Mobile and may be freely used and exploited by Autonet Mobile to improve its products or services or develop new products or services.

  • 17.2 Ownership of Your Data and Content

    We do not acquire any ownership interest in or to your data and content. You have sole responsibility and assume all risk for the accuracy, quality, integrity, legality, reliability, appropriateness of all data and content you upload or download through the Mopar Connect Services. You also assume all risks associated with copyright, trademark, trade secret, or patent restrictions, confidentiality limitations, or other tangible or intangible intellectual property rights associated with the data and content you elect to transmit or receive by or through the Mopar Connect Services. You represent and warrant that you have the requisite rights in and to such data and content. You hereby grant to Autonet Mobile a non-exclusive license to use, copy, store, transmit and display your data and content to the extent reasonably necessary to provide and maintain the Mopar Connect Services. Autonet Mobile will not use your data or content for any purpose other than to provide the Mopar Connect Services to you, for statistical reporting and analytical purposes, and as otherwise permitted. Autonet Mobile may aggregate anonymous statistical data regarding the use, location, and functioning of the Mopar Connect Services, Devices, and systems by its various users. Such aggregated statistical data will be our property. To provide location-based services through the Mopar Connect Services, we may collect, use, and share precise location data, including the real-time geographic location of your in-car router or Device.

  • 17.3 COURT ORDERS

    NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU SPECIFICALLY AUTHORIZES AUTONET MOBILE TO RELEASE RECORDS OR INFORMATION IN SUBSTANTIAL COMPLIANCE WITH ANY COURT ORDER, SUBPENA, OR LAW AUTHORIZING SUCH DISCLOSURE, AND RELEASE AUTONET MOBILE FROM ANY LIABILITY ARISING THEREFROM.

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18. TERMS ABOUT SPECIFIC SERVICES

The Mopar Connect Services are described in greater detail on the Mopar Connect website at www.moparownerconnect.com, which contains information about specific features and applications. For some of the Mopar Connect Services, the location of the vehicle (if available) may be disclosed and used as part of the feature or application. Neither Autonet Mobile nor Chrysler make any promises or guarantees with respect to the Mopar Connect Services.

  • 18.1 Monthly and On-Demand Vehicle Health Report

    If your package includes vehicle health reports, you may get monthly vehicle health reports and on-demand vehicle health reports. Data contained in the reports is not intended to diagnose, service or repair any mechanical or performance issues with your vehicle. We are not liable for any performance, service or mechanical issues with your vehicle – you are. You are responsible for maintaining and servicing your vehicle. Data provided on the report may include confidential information—including your vehicle’s VIN. We are not responsible for securing this data—you are.

  • 18.2 Remote Start and Remote Start Cancel

    If your package includes remote start and remote start cancel, you may have the ability to start the vehicle (if the vehicle is not in motion or already in ignition-on status) remotely using a smartphone or web application. Vehicle doors will be locked automatically prior to starting the engine. You can remote start cancel only if the vehicle is not in motion and the vehicle has been started by remote request (i.e., cancelling the earlier “remote start” request). The remote requests will not be processed if the vehicle is in motion or the ignition key is on. After two remote start or remote start cancel requests have been processed, the key must be recycled before any further requests can be processed. You are responsible for knowing where the vehicle is and for the security of your vehicle at all times. We do not promise that the remote start or remote start cancel features will always work.

  • 18.3 Remote Lock and Unlock

    If your package includes remote lock and remote unlock, you may have the ability to lock or unlock the vehicle remotely using a smartphone or web application. The request will not be processed if vehicle is in motion or the ignition key is on. You are responsible for knowing where the vehicle is and for the security of your vehicle at all times. We do not promise that the remote lock and unlock features will always work.

  • 18.4 Remote Horns and Lights

    If your package includes remote horns and lights, you may have the ability to remotely activate the vehicle’s horn and lights for a period of three minutes using a smartphone or web application. The request will not be processed if the vehicle is in motion or the ignition key is on. You are responsible for knowing where the vehicle is and for the security of your vehicle at all times. We do not promise that the remote horns and lights features will always work.

  • 18.5 Vehicle Theft Alarm Notification

    If your package includes theft alarm notification, you may be notified by email or text message that a theft alarm event has been detected. The notification may provide an approximate vehicle location if the vehicle is in cellular range. If the vehicle is not in cellular range at the time the theft alarm is triggered, the notification may be sent when the vehicle comes into cellular range. We do not promise that the notification will always be sent or that it will alert you in all cases of theft. You cannot recall or terminate a theft alarm message.

  • 18.6 Performance Data

    If your package includes performance data, you may be able to see certain performance data—for example, 0 to 60 MPH timer, 1/8 and 1/4 mile timer traps, brake distance, brake timer, brake speed, Gforce, and gauges. Performance data is different from the information contained in the vehicle health reports. Performance data does not diagnose performance or mechanical issues in your vehicle. Any service, maintenance or performance issues with your vehicle are your responsibility. Always drive safely. It is your responsibility to comply with all applicable laws and regulations.

  • 18.7 Find My Vehicle

    If your package includes this vehicle finder application, this feature may help you locate your vehicle if it is within a 3-5 mile radius. The application helps you to locate your vehicle within a specified radius if you cannot remember where you parked. If your vehicle has been stolen, notify local authorities immediately and do not try to recover the vehicle on your own. You are responsible for your own safety in locating and recovering your vehicle.

  • 18.8 Wi-Fi Hotspot

    You may purchase a Wi-Fi Hotspot that allows your Device to be a Wi-Fi Hotspot for multiple WiFi enabled wireless devices as set forth in the product description on driveuconnect.com. You may purchase different time periods of WiFi Hotspot Service —for example, a day, a week, or a month. Your time period begins when you complete your purchase and automatically ends after the expiration of the time period that you purchased. (For example, if you purchase a day pass at 2:30 pm (CST) on Monday, then your day pass will end at 2:29 pm (CST) on Tuesday, regardless of the location of your Device on Tuesday.) After the expiration of your time period, the Wi-Fi Hotspot will be disabled. You may then purchase another time period. If you subscribe to a new time period before the expiration of your initial time period, the remaining time on your initial purchase is no longer available. Data rates may apply to the wireless devices that access the internet through the Wi-Fi Hotspot. Your connectivity is dependent upon compatibility of wireless devices. Your data speeds may vary.

  • 18.9 Service Charges from Third Parties

    You are responsible for paying directly to third parties any charges for services they furnish to you.

  • 18.10 Data Charges

    The Mopar Connect Services and applications use data from compatible wireless devices (e.g., your smartphones or tablets and collectively referred to as “Ancillary Personal Equipment”) connected to the Device while in the vehicle. In addition to your Mopar Connect Services package charges, you must also purchase an appropriate data plan from your mobile service carrier for the Ancillary Personal Equipment. Please consult your mobile service carrier's pricing plan terms and policies to determine applicable data charges and allotments, restrictions such as permissible network and device uses, and other terms and conditions of service relating to your Ancillary Personal Equipment. Autonet Mobile and Chrysler are not responsible for overages or for actions that your mobile service carrier may take against you for using data in violation of your mobile carrier’s terms and policies. Quit Mopar Connect Service applications to avoid data charges from your mobile wireless carrier for Ancillary Personal Equipment.

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19. PROHIBITED NETWORK USES

To ensure that the activities of some users do not impair the ability of our customers to have access to reliable services provided at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of our service carriers’ wireless networks or systems. Autonet Mobile reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice or data uses detailed below or if Autonet Mobile, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation.

  • 19.1 Examples of prohibited data uses

    Autonet Mobile data services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or on line gaming. Our data services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to disrupt email use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines; (iv) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (v) for activities adversely affecting the ability of other people or systems to use either Autonet Mobile’s wireless carriers’ services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (vi) for an activity that connects any device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage); or (vi) for any other reason that, in our sole discretion violates our policy of providing service for individual use.

  • 19.2 Unlimited Use Plans

    If you subscribe to rate plans, services, or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to these Prohibited Network Uses.

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20. INTERNATIONAL ROAMING

International calling, including in Canada, Mexico, and Guam is not included in plans with no roaming charges. International roaming usage may be invoiced after 30-60 days. Data services may not be available in all roaming areas. Usage initiated near country borders may be carried by a cell site in a neighboring country and billed at that country's rates. Autonet Mobile reserves the right to deny, terminate, modify, disconnect, or suspend service if the majority of minutes or kilobytes are used for international roaming.

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21. OFF-NETWORK ROAMING

The primary use of your Device and the Mopar Connect Services must be in the 48 contiguous United States within the Autonet Mobile network. The display on your Device may not always be on and will not indicate whether you will incur roaming charges. Roaming may not be available outside the Autonet Mobile network.

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22. DISCLAIMER OF WARRANTIES

AUTONET MOBILE AND CHRYSLER MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE MOPARCONNECT SERVICES (INCLUDING YOUR DEVICE). AUTONET MOBILE PROVIDES THE MOPARCONNECT SERVICES, INCLUDING ANY SOFTWARE COMPONENTS, ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS. YOUR USE OF AND ACCESS TO THE MOPARCONNECT SERVICES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR USE. AUTONET MOBILE DOES NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. MOPARCONNECT SERVICES ARE NOT INTENDED TO BE USED TO GUARANTEE OR ENSURE THE SAFEFY OR SECURITY OF YOUR VEHICLE OR ANY PERSON.

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23. INDEMNIFICATION

You agree to indemnify, defend, and hold Autonet Mobile, Chrysler and their respective subsidiaries, affiliates, parent companies, successors, and assigns harmless from any claims arising out of or relating to your actions or omissions, including, but not limited to, your use of the Mopar Connect Services, any information you submit, post, transmit, receive, display, or make available via the Mopar Connect Services, and any decisions you make in connection with Mopar Connect Services; failing to provide appropriate notices regarding location-enabled services (see “Location-Based Services” section); failure to safeguard your passwords, backup question to your shared secret question, or other account information; violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party; any accident you cause through the negligent use of the Mopar Connect Services; personal injury, death, or property damage arising from use or reliance on the Mopar Connect Services; or the acts or omissions of those persons who drive your vehicle or use the Mopar Connect Services in connection with your subscription. The indemnitee reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate in asserting any available defenses. You agree that the provisions in this section will survive any termination or expiration of your subscription.

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24. LIMITATION OF LIABILITY
  • 24.1 GENERAL

    IN NO EVENT SHALL AUTONET MOBILE OR CHRYSLER HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL ECONOMIC, OR PUNITIVE DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE, INCLUDING WITHOUT LIMITATION, LOSS OF PRESENT OR PROSPECTIVE EARNINGS, REVENUES OR PROFITS, LOSS OF DATA, PERSONAL INJURY, DEATH, OR PROPOERTY DAMAGE. OUR LIABILITY FOR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, MOPARCONNECT SERVICES, OR THE DEVICE SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION CHARGES ACTUALLY PAID BY YOU FOR THE SPECIFIC MOPARCONNECT SERVICE(S) AND SUBSCRIPTION TERM RELATING TO THE EVENT(S) GIVING RISE TO LIABILITY OR $50, WHICHEVER IS GREATER.

  • 24.2 BASIS OF THE BARGAIN

    THESE LIMITATIONS OF LIABILTY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN. EACH LIMITATION OR DISCLAIMER OF LIABILITY OR DAMAGES IS INDEPENDENT AND SEVERABLE FROM THE OTHERS. ALL LIMITATIONS OF LIABILITY AND DISCLAIMERS APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY OR LIMITED REMEDY.

  • 24.3 EXCEPTIONS

    CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF ANY PROVISION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, ALL OTHER PROVISIONS REMAIN IN FULL FORCE AND EFFECT AND SUCH PROVISION SHALL BE REWRITTEN TO COMPLY WITH THE ORIGINAL INTENT AND APPLICABLE LAW TO THE MAXIMUM EXTENT POSSIBLE. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION.

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25. MODIFICATIONS AND SUSPENSIONS

We reserve the right to modify the Mopar Connect Services (including remote updates on the Device) and these Mopar Connect Services at any time without notice or liability to you in our sole discretion. If you do not agree with the modifications, your sole and exclusive remedy is to not use the Mopar Connect Services. Autonet Mobile may suspend, deactivate or discontinue the Mopar Connect Services at any time without notice or liability to you (e.g., if we have a good faith concern about your use of the Mopar Connect Services).

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26. FORCE MAJEURE

We will not be responsible for any delay, interruption, or other failure to perform under this Agreement due to acts, omissions, events, or causes beyond our reasonable control (a “Force Majeure Event”). Force Majeure Events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; inability to obtain services, parts or equipment from third party suppliers; cable cuts by third parties; acts or omissions of third parties, including telecommunication companies; explosions and fires; embargoes, strikes, and labor disputes; court orders and governmental decrees, including changes of laws or regulations.

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27. DISPUTE RESOLUTION
  • 27.1 Non-Appearance Based Arbitration

    Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Services where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English, unless otherwise agreed; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

  • 27.2 Arbitration

    Any other claim or dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by arbitration in accordance with the JAMS Commercial Arbitration Rules (the “Rules”) and shall be administered by the San Francisco, CA office of JAMS (the “Administrator”). To the extent there is any conflict between the provisions set forth in this section and any procedural or other rules issued by the Administrator, this section will control. The location of the arbitration will be San Francisco, CA USA. The claim(s) or dispute(s) shall be submitted to a single arbitrator (“Arbitrator”) chosen by the parties or selected by the parties from a list of potential arbitrators provided by the Administrator. The Administrator shall provide such list to the parties 10 days after request by either party. Should the parties be unable to agree on a choice of arbitrator within 10 days after receipt of the list from the Administrator, then the Administrator will select the Arbitrator. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. Each party shall bear its own attorney’s fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Administrator and the Arbitrator; provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrator. The Arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 24 (Limitation of Liability). Judgment on the award of the Arbitrator may be entered by any court of competent jurisdiction. The Arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of this Agreement including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States Federal law.

  • 27.3 Acknowledgement

    You agree to the above arbitration provision. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the Arbitrator. The Arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the Arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION.

  • 27.4 Choice of Law

    This Agreement, is made under and shall be construed and enforced in accordance with the laws of the State of California, except for those matters within the exclusive jurisdiction of the Federal Communications Commission or matters subject to applicable state regulatory requirements

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28. MISCELLANEOUS
  • 28.1 Credit Reports

    To the extent permitted by law, you authorize Autonet Mobile to obtain credit reports at any time to assure Autonet Mobile of your ability to pay for the Mopar Connect Services. Autonet Mobile may refuse to provide Mopar Connect Service if Autonet Mobile finds your credit report is unacceptable.

  • 28.2 Entire Agreement

    The Mopar Connect Terms of Service set forth the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, promises covenants, representations or warranties, whether oral or written.

  • 28.3 Successors and Assigns

    The Mopar Connect Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You may not assign or transfer your rights.

  • 28.4 Severability

    If any part or provision is found by a court, arbitrator, or governmental agency of competent jurisdiction to be invalid or unenforceable, we shall amend the Agreement to replace the provision with a valid provision. All other provisions are severable and shall remain in effect.

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Autonet Mobile Safety Policy

Quick Links
INTRODUCTION

Please read this safety policy concerning the use of a wireless router suitable for use in motorized vehicles ("Autonet") before operating Autonet. Retain this safety policy for your future reference.

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Accessories

Use only accessories manufactured by Autonet, Inc. with Autonet. The use of any accessories not manufactured by Autonet, Inc. for use with Autonet may be dangerous.

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Driving

Do not use Autonet when driving a motor vehicle because driving safely is your first responsibility and requires your full attention. If you find it necessary to use Autonet while driving a motor vehicle, please pull off the road and park in a safe place before using Autonet.

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For Vehicles Equipped with Air Bags

An air bag inflates with great force. DO NOT place objects, including Autonet, in the area adjacent to any air bag or in any air bag deployment area. If Autonet is improperly installed and an air bag inflates, serious injury could result.

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Electronic Devices

Most modern electronic equipment is shielded from radio frequency (RF) signals. However, certain electronic equipment may not be shield against the RF signals from Autonet. You are responsible for any affects that your use of Autonet may have on electronic equipment.

In particular, consult the manufacturer of any motor vehicle in which you intend to use Autonet to determine if the electronic equipment in that vehicle is adequately shielded from the RF energy emitted by Autonet. You should also consult the manufacturer of any electronic equipment that you have added to that vehicle to ensure that it is adequately shielded from the RF energy emitted by Autonet. You are responsible for any affects that your use of Autonet may have on the electronic equipment in any vehicle in which it is operated.

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Pacemakers

If you have a pacemaker, you should consult a physician or the manufacturer of your pacemaker if you have questions regarding the effect of RF signals on your pacemaker. If you have a pacemaker, ensure that you are using Autonet in accordance with the safety requirements for that particular pacemaker, which may include the following:

  • Always keep Autonet more than 20 cm (7 inches) from the pacemaker when Autonet is turned on;
  • Do not carry Autonet in any breast pocket; and
  • If you have any reason to believe that Autonet is interfering with the proper functioning of your pacemaker, turn Autonet off immediately.
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Hearing Aids

Some digital wireless devices may interfere with the normal operations of some hearing aids. In case of such interference, consult your service provider or contact the manufacturer of your hearing aid to determine alternatives.

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Other Medical Devices

If you use any other personal medical devices, consult the manufacturer of that device to determine if it is adequately shielded from external RF energy. Your physician may be able to assist you in obtaining this information.

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Medical Facilities

Turn Autonet off in hospitals and other health care facilities when any regulations posted in these facilities tell you to do so. Hospitals and other health care facilities may be using equipment that could be sensitive to external RF energy.

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Posted Facilities

Turn Autonet off in any facility where posted notices so require.

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Blasting Areas

To avoid interfering with any blasting operations, turn Autonet off when in any "blasting area" or in any area posted: "Turn off two-way radio." Obey all signs and instructions.

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Potentially Explosive Atmospheres

Turn Autonet off when in any area with a potentially explosive atmosphere and obey all signs and instructions. Sparks in such areas could cause an explosion or fire and result in bodily injury or death.

Areas with a potentially explosive atmosphere are often, but not always, clearly marked. They include fueling areas, like a gasoline/petrol station, fuel or chemical transfer or storage facilities; vehicles using liquefied petroleum gas (such as propane and butane); areas where the air contains chemicals or particles, such as grain, dust, or metal powders; and any other area where you would normally be advised to turn off your vehicle engine.

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Power Cord
  • Protect any power cord from being walked on or pinched, and such protection especially should be afforded at any plugs, receptacles, and the point where they exit from Autonet;
  • Unplug the power cord and charger during lighting storms to avoid electrical shock or fire;
  • Unplug the power cord prior to cleaning Autonet;
  • Keep the minimum required amount of space between the power cord and any heat sources;
  • Clean the power plug when it is dirty;
  • Do not bend, twist, pull, or heat the power cord because such actions may damage the power cord;
  • Do not use the power plug if it is loose as it may cause a fire or electric shock;
  • Wash hands after handling the power cord; and
  • To reduce the risk of damage to the cord or the plug, pull the plug instead of the cord when disconnecting from a receptacle.
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Foreign Objects and Liquids

Never push objects of any kind into Autonet or any accessories because such insertion may cause parts to short out and result in a fire or electric shock. Do not use Autonet or any accessories near or in water or if wet. Never spill liquid of any kind on Autonet, any charging unit, or any accessories. Disconnect Autonet, any charging unit, and any accessories before cleaning them.

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Stability

Do not place Autonet, any charging unit, or any accessories on any unstable surfaces. They may fall, thereby potentially causing serious injury to a person or animal, and/or serious damage to Autonet, any charging unit, or any accessories.

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Care

Do not use liquid or aerosol cleaners or solvents on or near Autonet, any charging unit, or any accessories. Clean Autonet, any charging unit, or any accessories only with a dry cloth. If you use harsh chemicals, like alcohol, benzene, or thinners, to clean Autonet, there is a risk of causing a fire.

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Magnetic Items

Do not place items with magnetic components, like credit cards, phone cards, bank books, or subway tickets, near Autonet.

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Extreme Temperatures

Never expose Autonet to excessively hot or cold temperatures because Autonet may malfunction or be damaged. Autonet and any accessories should be located away from any heat sources.

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Storage

Store Autonet in a clean, dust-free environment when not in use. Store Autonet out of reach of small children and animals.

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Service

Disconnect Autonet, any charging unit, or any accessory and, if necessary, refer them to qualified service personnel if:

  • The power supply, plug, or connector to Autonet is damaged;
  • Liquid has been spilled or objects have fallen into Autonet, any charging unit, or any accessory;
  • Autonet, any charging unit, or any accessory has been exposed to rain or water;
  • Autonet, any charging unit, or any accessory becomes very hot to the touch;
  • Autonet, any charging unit, or any accessory has been dropped or damaged in any way;
  • Autonet, any charging unit, or any accessory does not operate normally in accordance with the instructions contained in any guide provided by Autonet, Inc.; and
  • Autonet, any charging unit, or any accessory exhibits a distinct change in performance.

All servicing of Autonet, any charging unit, or any accessory should be undertaken only by qualified service personnel. Do not attempt to disassemble, modify, or repair Autonet, any charging unit, or any accessory by you.

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Adjustments

Adjust only those controls for Autonet that are discussed in the instructions contained in any guide provided by Autonet, Inc. An improper adjustment of other controls for Autonet may result in damages and may require extensive work by a qualified technician to restore Autonet, any charging unit, or any accessory, as the case may be.

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Rough Treatment

Do not drop, strike or shake severely Autonet. Such actions may damage its internal circuit boards.

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Antenna Care

Only use any supplied integral antenna with Autonet. Unauthorized antenna modifications, or attachments could damage Autonet and may violate U.S. Federal Communications Commission (FCC) regulations. No one should hold the antenna or let it come into contact with his or her body when Autonet is in use. Do note use Autonet if the antenna is damaged. If a damaged antenna touches skin, it may cause a slight burn.

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Aircraft Safety

U.S. Federal Aviation Administration/FCC regulations prohibit using Autonet while in the air. Turn Autonet off before boarding any aircraft. The effect of the use of Autonet in the air is unknown. Such use may affect aircraft instrumentation, communication and performance, may disrupt the network, may otherwise be dangerous to the operation of the aircraft, and may be illegal.

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Local Laws

Drivers and their passengers are responsible for determining and complying with any local laws affecting the use of Autonet. You accordingly should familiarize yourself with any applicable laws in jurisdictions where you use Autonet. Always obey those laws.

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Exposure to Radio Frequency Signals

Autonet is a low power radio transmitter and receiver. When it is turned on, it sends out and receives RF signals. Autonet complies with FCC guidelines respecting safe levels of RF exposure for handled wireless devices, which in turn are consistent with the following safety standards previously set by certain standards bodies:

  • ANSI/IEEE C95.1-1999, IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz;
  • National Counsel on Radiation Protection and Measurements (NCRP) Report 86, - 1986, Biological Effects and Exposure criterion for Radio Frequency Electromagnetic Fields; and
  • International Commission on Non-Ionising Radiation Protection (ICNIRP) 1988, Guidelines for limiting exposure to time-varying electric, magnetic, and electromagnetic fields (up to 300 GHz).

To maintain compliance with FCC exposure guidelines, use only accessories supplied or approved by Autonet, Inc.

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Specific Absorption Rate Data

Autonet meets U.S. government requirements for exposure to radio waves. Autonet is a radio transmitter and receiver. It is designed and manufactured not to exceed the emission limits for exposure to RF energy set by the FCC. These limits are part of comprehensive guidelines and establish permitted levels of exposure to RF energy for the general population. These guidelines are based on standards that were developed by independent scientific organizations through periodic and thorough evaluation of scientific studies. The standards include a substantial safety margin designed to assure the safety of all persons, regardless of age and health.

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FCC Compliance Statement

FCC Class B Part 15

Autonet complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:

  • Autonet may not cause harmful interference; and
  • Autonet must accept any interference received, including interference that may be caused by undesired operation.

These limits are designed to provide reasonable protection against harmful interference in a residential installation. Autonet generates, uses and can radiate radio frequency energy and may cause interference harmful to radio communications in a particular installation.

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