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CAUTION: It is recommended to only use this Skill in a secure and private setting. It is not recommended to use this Skill in the presence of others, including children. By speaking your PIN aloud, it will be stored in your ‘Alexa Device History’ found under ‘Settings’ in the Alexa Companion Application. The transaction history, including your PIN, will be visible to anyone with access to your Amazon account. It is recommended that you do not share your Amazon account credentials with anyone you do not want to access this transaction history. You can delete specific voice interactions associated with your account by going to 'History' in 'Settings' in the Alexa App, drilling down for a specific entry, and then tapping the delete button. Or, you can delete all voice recordings associated with your account for each of your Alexa-enabled products by selecting the applicable product at the Manage Your Content and Devices page at www.amazon.com/mycd or contacting Amazon Alexa customer service.
Connected Services AgreementTerms and ConditionsEffective as of 5/23/2019
Welcome to Hyundai Blue Link for your Hyundai vehicle, or Genesis Connected Services for your Genesis vehicle (collectively "Connected Services"). You are choosing to enroll in a Connected Services service plan ("Service Plan"). These Terms and Conditions are the agreement between us regarding our provision of Connected Services to you (collectively referred to herein as "Agreement" or "Connected Services Agreement"). If you activate, receive, use, accept or otherwise access Connected Services, including by downloading software or using websites to access these services, you accept and agree to be bound by these Terms and Conditions even if you have not signed this Agreement. See Section 3A of this Agreement.
As used in this Agreement, the terms "you" and "your" shall be deemed to refer to, and this Agreement shall be binding upon, any person or entity who has purchased or leased a Vehicle equipped with, or uses as a driver or occupant (e.g., additional drivers, passengers) of your Vehicle, the Connected Services and/or has activated the Connected Services pursuant to Section 3A of this Agreement. Also, as used in this Agreement, the terms "we," "us," "our", "Hyundai Motor America," "Hyundai," or "Connected Services" shall be deemed to collectively refer to the following persons/entities, each of which are intended beneficiaries of this Agreement: (i) Hyundai Motor America, Genesis Motor America and their affiliates, their parent company, Hyundai Motor Company, its successors and assigns and Hyundai dealers/Genesis retailers in the United States; (ii) third-party service providers engaged by Hyundai to develop and perform all functionalities required to fulfill the vehicle connected services, including but not limited to, Sirius XM Connected Vehicle Services Inc. ("Sirius XM"), Agero, Inc., Hyundai AutoEver Telematics America, Inc. ("HATA"), Hyundai AutoEver America, LLC ("HAEA"), 24-7 Intouch ("Intouch"), Concentrix, Epsilon, Station Digital Management, etc. (collectively, "Vendors") and their affiliates, successors and assigns, and any replacement vendors engaged by Hyundai Motor America to perform the services provided by any of its current Vendors; (iii) Connected Services Agents and their affiliates, successors and assigns; and (iv) any employees, directors, officers, subcontractors, representatives and agents of any of the foregoing.
You can contact us at any time by pressing the Connected Services button in your vehicle, or reaching out as follows:.
For Hyundai Vehicles (including Hyundai Genesis)
Mail:PO Box 83835
Phoenix, AZ 85071-3835
For Genesis Branded Vehicles
Mail:PO Box 20850
Fountain Valley, CA 92728
PLEASE READ ALL PAGES OF THIS AGREEMENT COMPLETELY BEFORE USING ANY CONNECTED SERVICES AND KEEP A COPY FOR YOUR FILES. READ AND KEEP A COPY OF ANY ADDITIONAL CONNECTED SERVICES DOCUMENTS GIVEN OR SENT TO YOU. ANY CONNECTED SERVICES DOCUMENTS (REGARDLESS OF WHETHER THEY STATE THEY BECOME PART OF YOUR CONNECTED SERVICES AGREEMENT) ARE AUTOMATICALLY DEEMED A PART OF THIS AGREEMENT, AS DESCRIBED IN THIS AGREEMENT, IF YOU ACCEPT ANY OF THE SERVICES SUCH DOCUMENTS DESCRIBE.
(a) Hyundai and you agree to arbitrate any and all disputes and claims between us arising out of or relating to this Agreement, Connected Services, Connected Services Systems, Service Plans, your Vehicle, use of the sites, or products, services, or programs you purchase, enroll in or seek product/service support for, whether you are a Visitor or Customer, via the sites or through mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including injunctive and other relief sought, may be brought in a court of competent jurisdiction. The agreement to arbitrate otherwise includes, but is not limited to:
claims based in contract, tort, warranty, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to your vehicle for which you seek product or service support via the sites; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to "Hyundai," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior Agreements between us relating to or arising from any aspect of your use of the Connected Services, Connected Service Systems, Service Plans, your Vehicle or access of the sites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and Hyundai are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement or your relationship with Hyundai for any reason.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice''). The Notice to Hyundai should be addressed to: Consumer Affairs, Hyundai Motor America, Legal Department, 10550 Talbert Avenue, Fountain Valley, CA 92728-0850. ("Notice Address''). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Hyundai ("Demand''). If Hyundai and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Hyundai may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Hyundai or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Hyundai is entitled. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).
You may obtain more information about arbitration from www.adr.org
(c) After Hyundai receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The filing fee currently is $200, but is subject to change by the arbitration provider. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether this agreement permits class proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by the terms of this Agreement, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless Hyundai and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your billing or registered address. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, Hyundai will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Hyundai for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(e) YOU AND HYUNDAI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
(f) Notwithstanding any provision in this Agreement to the contrary, we agree that if Hyundai makes any change to this arbitration provision (other than a change to the Notice Address) after your enrollment in a service or program or your use of the sites, you may reject any such change and require Hyundai to adhere to the language in this arbitration provision as written at the time of your enrollment or purchase if a dispute between us arises, by providing Notice to Hyundai at the Notice Address in subsection (b) above.
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