Terms and Conditions – 04/01/2020
BMW of North America, LLC (“BMW”) operates the Aftersales Online System AOS (“AOS”) under the domain “aos.bmwna.com.” Third parties meeting the conditions of paragraph 3 below are “users.”1. Contents of AOS
BMW shall make certain vehicle technical information available to the user specified below in paragraph 3.1. via AOS, in particular information and applications (hereafter “contents”) for the proper maintenance and repair of motor vehicles and motorcycles manufactured by BMW and/or marketed under BMW's brands.
2. Establishment of the contractual relationship
- When BMW grants a user a license for AOS, a contractual relationship is established between BMW and the user for access to and use of the contents provided via AOS, which shall be governed by these terms and conditions.
- The retrieval of the information shall subject to a charge as specified in the price list provided via AOS.
- BMW NA may modify these Terms and Conditions by giving you notice or by asking you to read and accept a new version of the Terms and Conditions. We may give you notice by posting a new version of the Terms and conditions on http://www.aos.bmwna.com. If you do not agree with any modification, then you may not use the AOS portal. Your continued access or use of the AOS portal after our notice indicates your acceptance to the modified Terms and Conditions.
- All to be made as part of the contractual relationship shall be paid in U.S. dollars in accordance with the taxes and conditions of payment specified in the price list provided via AOS.
- Users are entitled to a license if they belong to the category of “a 3rd party” defined as a user that requires access to repair and maintenance information for motor vehicles and/or motorcycles and are domiciled within the United Sates or if they belong to a category of persons entitled according to comparable regulations, that is not the owner of the vehicle for which the data is being obtained, but is acting on behalf of, or acting as a representative of, the vehicle owner. Notwithstanding clause 1 a license may be granted by BMW on an exceptional basis in individual cases.
- To obtain a license for AOS, the user or a person authorized to represent the user must complete the license application and send it to BMW. The person who makes the license application for the user shall be registered as the legal representative of the user.
- After receiving the license confirmation and enabling by BMW, the user can log on to AOS.
- Only one license is possible per user. Dissemination of the license details to third parties is not permitted. The user may apply for multiple access accounts within one license.
- The user is obliged to keep constantly up-to-date the details the user provides in the course of obtaining the license.
- BMW may release the technical information provided on AOS to comply with the law, in legal proceedings, to respond to subpoenas or court orders, in cooperation with law enforcement agencies
4. Usage fees paid by the user
- Use of AOS when not “logged on” is free of charge, as is the license and the upkeep of an access account
- When logged on, there are contents which are free of charge as well as contents which can only be obtained subject to a charge. The price list provided via AOS gives an overview of the contents which are subject to a charge and their prices.
- To use contents which are subject to a charge, the user must keep a credit card and/or ACH payment information on file
5. Use of the contents provided
- Unless prior written agreement from BMW is obtained, the user shall use the contents provided only for proper performance of maintenance and repair work of motor vehicles and motorcycles manufactured by the BMW or its affiliates and/or marketed under the BMW's brands and within the context of the user's organization and shall not disseminate them to third parties (including outlets and workshops within the user's own network of organizations or workshops) or use, save, publish or reproduce them in any other way.
- Automated reading e.g. by bots, crawlers or other automated reading means is strictly prohibited.
- The user is strictly prohibited from reverse engineering, de-compiling or disassembling any information accessible through the portal, including, but not limited to, the contents.
- The user has no right to and is strictly prohibited from selling, licensing, or transferring any information accessible through the portal, including, but not limited to, the contents.
- BMW is authorized to block access temporarily for reasonable cause, e.g. if:
- it must be assumed that the user's details are incorrect;
- it must be assumed that unauthorized use by the user's access accounts has taken place.
- In the event of a block, BMW shall not be liable to inform the user.
- The user shall be liable for any damages incurred by the BMW, or where applicable, by one of the BMW's affiliated companies within the meaning of Section 15 of the German Stock Corporation Act, arising from any unauthorized use of the contents, subject to deduction of any contractual penalty actually paid. This shall also apply to damages caused by third parties.
6. Safety information
- If the contents provided are intended especially for the proper performance of maintenance or repair work, to.it is essential that the personnel in question has completed his/her training as required by state statues
7. Limitations of Liability
- YOUR USE OF AOS IS ENTIRELY AT YOUR OWN RISK. TO THE EX-TENT PERMITTED BY LAW, IN NO EVENT SHALL BMW NA OR ITS AGENTS, AF-FILIATES, PARTNERS, OR LICENSORS (COLLECTIVELY, “AFFILIATES”) BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNI-TIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS RELATED TO THE USE OF THE SERVICE, APP OR THE CONTENT CONTAINED HEREIN REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF BMW NA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NONE OF BMW NA OR AFFILIATES SHALL BE RE-SPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, OR FINANCIAL LOSSES ASSOCIATED WITH THE USE OF MY BMW OR THE MATERIALS CONTAINED HEREIN. IN THE EVENT ANY EXCLUSION OR LIMITATION OF LIABILITY IS LIM-ITED BY LAW, SUCH LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Place of Jurisdiction and applicable law
- The courts of New Jersey will have exclusive jurisdiction over any claim arising from or related to your use of BMW CarData, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms and Conditions are governed by New Jersey law.
10. Data protection
- BMW owns the copyright in all material and information contained on AOS unless otherwise indicated. AOS and all materials and information herein are for informational purposes only and are subject to all applicable U.S. and international copyright laws. Any reproduction, retransmission or other use is strictly prohibited. You may print one copy and may download extracts of any page(s) from AOS for your personal reference. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. You must always acknowledge BMW NA’s status (and that of any identified contributors) as the author of material on My BMW. You must not use any part of the materials on AOS for commercial purposes without BMW NA’s written permission. Except as described above, none of the material contained on AOS (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of BMW. BMW is licensed to use all intellectual property in the content of AOS and reserves the right to pursue any intellectual property infringement in the courts of the country where BMW NA suffers damage. No license is granted to you to use any trademark of BMW NA or their Affiliates. You shall not assert any claim or ownership to any such trademarks.