Terms of Use.

CAA MyPace^™ MOBILE APP FOR

CAA MyPace AUTO INSURANCE BILLING PROGRAM

(Last revision: 2018-05-01)

1. Acceptance of Terms of Use

   The CAA MyPace mobile application (the "Application") is offered by CAA Insurance Company ("CAAIC") to users of its MyPace automobile insurance billing program (the "Program"). Use of the Application is restricted to CAAIC insured who have registered and been approved for participation in the Program.

   If you are less than the age of majority in the province or territory in which you reside, you must have one of your parents or legal guardians review these terms of use (these "Terms of Use") and all documents that are referenced in these Terms of Use, namely the Program Terms and Privacy Policy (as each such term is defined below), and agree to all of their respective terms and conditions on your behalf.

   By downloading, installing and/or using the CAA MyPace mobile application (the "Application") on your mobile device ("Device"), you are deemed to accept and agree to be bound by these terms of use (these "Terms of Use") and to be bound in favour of CAAIC and its licensors. Your participation in the MyPace ("Program") and use of your Device and Application in conjunction with your participation in the Program, is also conditioned on your express acceptance of the general terms and conditions for the Program which can be accessed here (the "Program Terms").

   When used in these Terms of Use, "our", "we", "us" and similar references refer to CAAIC.

   If you do not agree with all of the Program Terms and these Terms of Use, you should not use the Application and should uninstall and otherwise remove it from the Device. Failure to expressly accept the Program Terms and these Terms of Use may prevent activation and use of the Application.

   By using the Application, you represent and warrant that: (i) you have reached the legal age of majority in the jurisdiction in which you reside or in which you will be making use of the Application or, that if you have not yet reached the age of majority, that one of your parents or legal guardians has reviewed and agrees to these Terms of Use, the Program Terms and the CAAIC privacy policy on your behalf; and (ii).you meet all of the foregoing eligibility requirements as well as those set forth in the Program Terms.

2. Modifications to Terms of Use

   We reserve the right in our sole discretion to revise and update these Terms of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Application. You agree to periodically review the current version of these Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these.

   The information and material provided through your use of the Application may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason any data, content, features or functionality that was previously provided or accessible through the Application ceases to be at any point in time and for any period of time.

   The operation of the Program and your enrollment in the Program is not contingent on the availability of the Application or the continued offer of any data, content, feature or functionality through the Application.

3. Use

   You are solely responsible for ensuring that your Device can access the features, functionality and content made available through the Application (collectively, the "Service"). You are also solely responsible for any data usage fees, roaming fees and other fees and charges that may be charged to you by your mobile carrier, internet service provider or other telecommunication service providers.

   You must ensure that all persons who access the Application through your Device are aware of these Terms of Use and comply with them. You are responsible for any security breaches or performance issues relating to accessing the Application and Service through your Device.

   Federal and provincial laws May prohibit the use of the application, or use of the device generally, by a person while he or she is operating a motor vehicle. You are solely responsible for complying with all such laws and for otherwise ensuring the safe operation of any motor vehicle and safe use of the application and the device. CAAIC and its affiliates are not responsible and will not have any liability in regard to any violation of applicable laws or other conduct relating to the use of the application or device that is deemed unsafe, negligent or otherwise improper.

4. Account Set-Up & Security

   Use of the Application requires registration and creation of a user account (your "Account"). It is a condition of your use of the Application that all the information you provide in conjunction with the creation of your Account is correct, current, and complete.

   Your provision of Account information and any submissions you make through any functionality provided by the Application (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our privacy policy which can be accessed here.

   Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that should you be provided an account, your Account is personal to you and you agree not to provide any other person with access to this Application, the Service or portions of the Service using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.

   We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

   You are prohibited from attempting to circumvent and from violating the security of the Application including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) disrupting network services and otherwise disrupting our ability to monitor the Service and use of the Service; (e) harvest any data or content made available through the Service or otherwise through use of the Application; and (i) otherwise attempt to interfere with the proper working of the Application and/or Service.

5. Intellectual Property Rights and Ownership

   You understand and agree that the Application and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by CAAIC, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

   CAA, CAA Insurance, and the other CAA and CAAIC trademarks, including, without limitation, all related names, logos, product and service names, designs, images and slogans are trademarks of CAAIC or its affiliates or licensors. You may not use such marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned or which appear through your use of the Application or Service are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

   You may only use the Application for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the data, content or materials available through use of the Application. You must not access or use for any commercial purposes any part of any data, content or materials made available through use of the Application or any Services.

   You have no right, title, or interest in or to the Application or to any content available through use of the Application, and all rights not expressly granted are reserved by CAAIC and its licensors. Any use of the Application or Services that is not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also constitute a violation of copyright, trademark, and CAAIC's and its licensor's other intellectual property rights.

   Any comments that you submit in terms of the Application, Service, the Program or other subject matter relating thereto (collectively, "Feedback") becomes the sole and exclusive property of CAAIC and may be used, implemented or otherwise exploited without any compensation or credit to you. You warrant that the receipt of any such Feedback and any implementation, use or exploitation thereof does not and will not any third party right including, without limitation, any contractual right, trade secret, intellectual property right or other proprietary right.

6. Conditions of Use

   You may only use the Application and Services for lawful purposes and in accordance with these Terms of Use. Your use of the Application, and your use of the Device in terms of your use of the Application, must comply with all applicable federal, provincial, local, and international laws and regulations.

   Without limiting the foregoing you warrant and agree that your use of the Application or activities relating to your use, prior use or proposed used of the Application will not:

   1. in any manner violate any applicable federal, provincial, local, or foreign law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others).

   2. involve stalking, harassment or exploit of any individual.

   3. impersonate or attempt to impersonate CAAI, a CAAI employee, another user, or any other person or entity (including, without limitation, by using email addresses, reference numbers or user names associated with any of the foregoing).

   4. engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Application or the Service, or which, as determined by us, may harm CAAI or other users of the App or expose them to liability.

   5. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

   6. promote any illegal activity, or advocate, promote, or assist any unlawful act.

7. Telematics Data

   Data collected in terms of your participation in the Program and/or relating to a motor vehicle enrolled in the Program (a "Registered Vehicle") and associated with your Account (collectively, "Telematics Data") is exclusively owned by CAAIC. You hereby grant CAAIC permission to associate Telematics to you and your Account and to make the Telematics Data available to you through the Service and through your use of the Application by way of your Account.

   You acknowledge and understand that use of the Application does not allow collection of Telematics Data and its activation during the operation of any Registered Vehicle will not result in the collection of Telematics Data or directly or indirectly result in any discounts available in terms of the Program. You acknowledge and understand that the Application only allows you to view Telematics Data, such as kilometers driven, collected through the telematics device installed in a Registered Vehicle and associated with your Account.

8. Monitoring

   CAAIC has the right, without provision of notice to:

   1. remove or refuse to make available through use of the Application any Telematics Data for any or no reason in our sole discretion.

   2. take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Application. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Application, including Telematics Data.

   3. terminate or suspend your access to all or part of the Service or the Application or any one or more features thereof for any or no reason, including without limitation, any violation of these Terms of Use.

      You hereby waive and hold harmless CAAIC and its affiliates, licensors, licensees and service providers from any and all claims resulting from any action taken by CAAIC and any of the foregoing parties relating to any, investigations by either CAAIC or such other parties or by law enforcement authorities.

      We have no obligation or any responsibility to any party to monitor use of the Application by you or others. We have no liability for any action or inaction regarding transmissions, communications, or content provided by any third party or any third party software that may interact with the Application including, without limitation, those other applications installed on your Device.

9. No Reliance

   Access to the Telematics Data associated with your Account is provided in order for you to monitor the number of kilometers driven. It is your responsibility to keep your contact information up to date with CAAIC if you wish to receive notifications. Although we make reasonable efforts to ensure data presented through use of the Application is accurate, we make no representations, warranties or guarantees, whether express or implied, that the Telematics Data presented through use of the Application is accurate, complete or up to date. Your use of the Application is at your own risk and CAAIC has no responsibility or liability whatsoever for your use of the Application or the Service.

10. Privacy

    Creation of an Account will result in the collection of certain personal information about you including, your name, e-mail address, mobile phone number, and your Program participant number / policy number for your CAAIC automobile insurance. Such information will be used in terms of your use of the Application as well as your participation in the Program and our operations, activities and undertakings in regard to each of the foregoing, as well as communications from us to you in terms of each of the foregoing.

    Your use of the Application, including periods of use, features and functions of the Application that have been used and any feedback that you may provide through your use of the Application or otherwise, may be used to maintain the Application and operate the Program, as well as to make improvements to these. We may combine or aggregate any of the personal information that we collect through your use of the Application, offline, or elsewhere for any of these purposes.

    Your use of the Application will also result in your personal information relating to your participation in the Program as well as that included in Telematics Data to be communicated to and accessible from your Device. In this regard, we refer you to the Program Terms (which are accessible here) which provides further details about what data is collected in terms of the operation of a Registered Vehicle and otherwise through your participation in the Program.

    We may share your personal information with trusted third party service providers that we have retained that require access to it in order to perform services for us. These may include services in terms of the hosting, operation and/or maintenance of facilities and systems used to operate and maintain the Program and the Application.

    Your personal information will otherwise be collected, used, disclosed, retained and destroyed in accordance with our general privacy policy which is accessible here (our "Privacy Policy").

    Any information generated through your use of the Application will be deemed CAAIC property.

    By using the Application you hereby confirm having read our Privacy Policy and consent to the collection, use disclosure, retention, destruction and other handling of your personal information as set forth in these Terms of Use and in our Privacy Policy.

11. Geographical Restrictions

    CAAIC is based in the province of Ontario, Canada. We provide access to the Application for use only by persons located in Canada. The Application is not intended for use in any jurisdiction where its use is not permitted or would infringe any third party rights. If you use the Application while located outside of Canada you do so at your own risk and you are responsible for compliance with local laws of the jurisdictions where you make use of the Application.

12. Disclaimer of Warranties

    You understand and agree that your use of the application, telematics data, and any services is at your own risk. The application, telematics data and other content, and any services are provided on an "As is" and "As available" basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties or conditions that cannot be excluded or limited under applicable law.

    Neither CAAIC nor any affiliates nor their respective directors, officers, employees, agents or service providers makes any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the application or the telematics data or other content made available through the application. Without limiting the foregoing, neither CAAIC nor any of its affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the application, telematics data or other content made available through the application, or any services will be accurate, reliable, error-free, non-infringing or uninterrupted, or that defects will be corrected.

    You are solely and entirely responsible for your use of the Application and your Device and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your device, computer programs, data, or other proprietary material due to your use of the application or any services or content found or attained through use of the application.

13. Limitation on Liability

    Under no circumstance will CAAIC, its affiliates and their respective directors, officers, employees, agents, or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, or consequential damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, reliance on, the application, or any content available through use of the application. In the event that this exclusion of liability and limitation of liability is not enforceable in its present form in any particular jurisdiction, it will be modified in regard to its application to such jurisdiction only to remove those elements and only those elements that are not enforceable in that jurisdiction without affecting those other elements that can be enforced in such jurisdiction.

14. Indemnification

    To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CAAIC, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use or your use of the Application.

15. Governing Law and Jurisdiction

    These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

    Any action or proceeding arising out of or relating to this Application and under these Terms of Use will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada located in the city of Toronto, Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

16. Waiver

    No waiver under these Terms of Use is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

17. Severability

    If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

18. Entire Agreement

    These Terms of Use, Program Terms and the Application Privacy Policy constitute the sole and entire agreement between you and CAAIC regarding the Application and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.