HT LinkVue Terms and Conditions 2024

TERMS AND CONDITIONS FOR HT LINKVUE SOFTWARE

Hyundai Translead, a California corporation, its parent company, subsidiaries, and affiliates (“Hyundai,” “HT,” “Company,” “we,” “us” or “our”) offers its vendors, users, or other customers, including without limitation those using the Company’s website at hyundaitranslead.com (“Site”) or by accessing the Surround View Camera Monitoring System Software Application (“Application”) (jointly referred to as “HT LINKVUE”) which services may include a system of cameras installed on a trailer for analysis of the trailer’s surroundings and driving conditions. HT LINKVUE is composed of (1) hardware (“Hardware”) and software embedded in the hardware (“Software”), (together, “Product”), and a (2) HT LINKVUE user account and applications and services made available to you through as more fully described below (the “Service“).

BY OPTING INTO, OR BY OTHERWISE PARTICIPATING IN, THE SERVICE, YOU (“YOU”, “USER” OR YOUR”) HEREBY: (I) ACCEPT AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS IN THIS TERMS AND CONDITIONS (“TERMS”); AND (II) CONFIRM AND AGREE THAT THESE TERMS SHALL GOVERN YOUR USE OF THE SERVICE.

NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THESE TERMS & CONDITIONS POLICY WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, THEN YOU SHOULD NOT USE THE SERVICE. THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

WE MAY MODIFY OR CANCEL THE SERVICE OR ANY OF ITS FEATURES WITHOUT NOTICE.

THESE TERMS GOVERN YOUR PURCHASE AND USE OF HT LINKVUE AND THE SITE. THESE TERMS & CONDITIONS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS & CONDITIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER RIGHTS, SO THOSE PROVISIONS OF THESE TERMS MAY NOT APPLY TO YOU.

AS SET FORTH IN MORE DETAIL IN SECTION 7 BELOW, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAY ALSO MODIFY THESE TERMS AT ANY TIME AND YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF ANY SUCH CHANGES SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

  1. User Participation in the Company’s Service.

By opting into or by otherwise participating in the Company’s Services may include services-related messages. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this Service in order to make any purchases with the Company, and your consent is not a condition of any purchase with the Company (including without limitation any purchases through the Company’s Site). Your participation in this Service is completely voluntary.

  1. Content You May Receive Through the Company’s Service.

Once you have opted-in or otherwise participate in the Company’s Service (as noted above), you hereby acknowledge and agree that you may receive communications from the Company regarding any of the following matters:

  1. Information or notifications related to any of your purchases of goods or services from the Company, including any through the Site; or
  1. Additional Terms Governing the Service.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider, if any. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

  1. Privacy Policy; Use of Data.

We respect your right to privacy. The Company’s Privacy Policy, a copy of which you can read here https://www.hyundaitranslead.com/privacy (“Privacy Policy”) describes the types of Personal Information (as defined in the Privacy Policy) that the Company may collect from or about you, and the ways that the Company may use or share your Personal Information. All of the terms and conditions of the Privacy Policy are incorporated by this reference into these Terms and will govern all collection, use and sharing of your Personal Information through the Service.

  1. Company’s Disclaimer of Warranty and Limitation of Liability: IN ADDITION TO ANY OTHER LIMITATION OF LIABILITY OR DISCLAIMERS BY THE COMPANY IN ANY OTHER AGREEMENT TO WHICH YOU MAY BE A PARTY, YOU HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: (I) HT LINKVUE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HT LINKVUE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY NOT BE AVAILABLE IN ALL AREAS AT ALL TIMES AND MAY NOT CONTINUE TO WORK IN THE EVENT OF PRODUCT, SOFTWARE, COVERAGE OR OTHER CHANGES MADE BY YOUR WIRELESS CARRIER; (II) THE COMPANY WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURES IN THE RECEIPT OF ANY MOBILE MESSAGES CONNECTED WITH ITS MESSAGING SERVICES; AND (III) DELIVERY OF MOBILE MESSAGES IS SUBJECT TO EFFECTIVE TRANSMISSION FROM YOUR WIRELESS SERVICE PROVIDER/NETWORK OPERATOR AND IS OUTSIDE OF THE COMPANY’S CONTROL.

UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF HT LINKVUE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HT LINKVUE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF HT LINKVUE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT HT LINKVUE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HT LINKVUE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF HT LINKVUE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HT LINKVUE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. Prohibited Content; Prohibited Activities. In addition to any other terms, conditions or restrictions on your use of the Company’s Services as set forth in these Terms (or in any other agreement to which You may be a party), You hereby acknowledge and agree that You will not send any prohibited content over the Company’s Services and that You will not engage in any prohibited activities over the Company’s Service, including but not limited to the following prohibited content or prohibited activities: (i) Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; (ii) Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; (iv) Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; (v) Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH” Act); and (vi) Any other content that is prohibited by any applicable laws or regulations in the jurisdiction from which the message is sent.
  2. Changes to these Terms and Conditions. These Terms may be changed from time to time or at any time by the Company (a “Change”). The Company reserves the right to change it without notice to a particular User. YOU HEREBY AGREE THAT YOU ARE BOUND BY THE VERSION OF THESE TERMS THAT IS IN EFFECT AT THE TIME YOU FIRST USE THE COMPANY’S SERVICE. THE PROVISIONS OF THESE TERMS MAY BE DIFFERENT THE NEXT TIME YOU USE THE COMPANY’S SERVICE. THUS, ANY USE OF THE COMPANY’S SERVICE BY YOU AFTER SUCH CHANGES SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THESE TERMS. EACH USER SHOULD THEREFORE REGULARLY REVIEW AND PRINT THESE TERMS FOR THE USER’S RECORDS.
  3. Ownership, Copyrights, Trademarks, Licenses. Company owns and retains all proprietary rights to HT LINKVUE and any related HT LINKVUE service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of HT LINKVUE and Company.
  4. Service Support or Assistance.

For Service support or assistance, please email htcc@hyundaitranslead.com.