Terms and Conditions for Volvo Roadside Advantage

Below are the Website Terms of Service and the Membership Guidelines for the Volvo Roadside Advantage motor club program.

Volvo Roadside Advantage Website Terms of Service

Last updated: June 29, 2016

These Website Terms of Service are provided on behalf of Cross Country Motor Club, Inc. and Cross Country Motor Club of California, Inc. (collectively referred to as "CCMC") and apply to all users of this website. By accessing and browsing this website you acknowledge that you have read, understood, and agree to be bound by, without limitation or qualification, these Website Terms of Service and the Volvo Roadside Advantage Privacy Policy (collectively, "Terms of Service") and shall comply with all applicable laws and regulations. If you do not agree to these Terms of Service, please do not use this website. The terms "we," "our," and "us" in these Terms of Service refer to CCMC.

The information provided on this website is free of charge and for informational purposes only, and does not create a business relationship between you and CCMC, unless you enroll in the Volvo Roadside Advantage motor club, in which case, the Membership Guidelines included below will apply to you.

Intellectual Property Rights

Unless otherwise stated, the contents of this website including, but not limited to, the text, images and video contained herein and their arrangement are the property of CCMC and/or Volvo Group. All trademarks, logos and service marks used or referred to in this website (collectively, "Trademarks") are the property of their respective owners.

This website and the content provided in this website, including, but not limited to, text, images, buttons, html code, audio and video, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of CCMC, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use. This permission is conditioned on your not modifying the content displayed on this website, your keeping intact all copyright, Trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this website. Notwithstanding the foregoing, any software, application and other materials that are made available for downloading, access, or other use from this website with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Except for the limited permission in the preceding paragraph, CCMC does not grant you any express or implied rights or licenses under any patents, Trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this website on another website or in any other media.

Your use of the Trademarks displayed on this website, or any other content on this website, except as provided in these Terms of Service, is strictly prohibited. You are also advised that CCMC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Use of this Website

You are prohibited from transmitting any information or providing any content that (a) infringes any third-party intellectual property, publicity or privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, profane, false, threatening, pornographic, inappropriate or unprofessional, (d) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or (e) is otherwise tortious or criminal. Subject to the foregoing, CCMC believes that users should decide what information to transmit and what content to provide, and CCMC does not generally make editorial determinations about your transmissions or any content you provide. However, CCMC reserves the right to take any actions that it deems necessary or appropriate to minimize its liability arising from your transmissions or any content you provide, or to preserve its relationships with its service providers (including its Internet access providers). CCMC will fully cooperate with any law enforcement authorities or court order requesting or directing CCMC to disclose the identity of anyone posting any such information or content.

Payment Terms

CCMC uses a third-party payment processor (the “Payment Processor”) to link your credit or debit card account to your enrollment in the Volvo Roadside Advantage motor club. The processing of payments or credits, as applicable, in connection with your enrollment will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit or debit card issuer, in addition to these Terms of Service. CCMC is not responsible for any errors by the Payment Processor. All payments, charges, credits, as applicable, in connection with your motor club enrollment may appear on your credit card statement as “CCM*Volvo Roadside Advantage ]”. A receipt of the charges for your motor club enrollment will be emailed to your email account provided in the enrollment application on this website.

Use by U.S. Government

This website and all materials, software and applications on this website are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of this website and all materials, software and applications on this website by the U.S. Government constitutes acknowledgment of the proprietary rights of CCMC.

Linking to this Website

All links to this website must be approved in writing by CCMC, except that CCMC consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with CCMC; (c) imply that CCMC approves or endorses you, your website, or your service or product offerings; or (d) present false or misleading impressions about or otherwise damage the goodwill associated with the CCMC name or trademarks. As a further condition to being permitted to link to this website, you agree that CCMC may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any CCMC Trademark.

Links and External Websites

This website may contain links to and from websites. CCMC makes no representations whatsoever about any other website that you may have accessed from our website. CCMC is not responsible for the privacy practices, content or availability of those websites and CCMC denies any liability whatsoever for use of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.

Disclaimer of Warranties; Limitation on Liability

USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CCMC HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ON THIS WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CCMC OR A CCMC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITATION, CCMC MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CCMC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CCMC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Some jurisdictions disallow the exclusion or limitation of liability for damages, so these limitations and exclusions may not apply to you. In no event shall CCMC's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of FIVE dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Changes to these Terms of Service

Please note that we will periodically make changes to these Terms of Service and we reserve the right to change these Terms of Service at any time. We will alert you that changes have been made by indicating at the top of these Terms of Service the date it was last updated. It is your responsibility to review these Terms of Service frequently and remain informed about any changes to it, so we encourage you to visit this page often. These Terms of Service take precedence over any previous terms of service that we have issued related to our website and your continued use of our website constitutes your acceptance of any amendments to and the most recent version of these Terms of Service.

CCMC may also make improvements or changes in the products, services, or programs described in this website at any time without notice.

Term and Termination

You may terminate your access to this website at any time. Your failure to comply with the terms, conditions, and notices on this website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. The terms regarding limits on liability, and voluntary submissions shall survive the termination of these Terms of Service, and shall remain in effect indefinitely.

Miscellaneous

These Terms of Service and any action related to them shall be governed, controlled, interpreted and defined by and under the laws of the Commonwealth of Massachusetts. The exclusive jurisdiction and venue of any action with respect to the subject matter of this website or these Terms of Service shall be in the state courts of the Commonwealth of Massachusetts. No amendment to or modification of these Terms of Service will be binding unless in writing and signed by CCMC. Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Service. Please see the applicable agreement or notice.

Designated Agent

For purpose of the Digital Millennium Copyright Act, you may contact CCMC's agent for receipt of notice of claims at: General Counsel, CCMC, One Cabot Road, Medford, MA 02155.

Membership Guidelines

As a member of Volvo Roadside Advantage, you are entitled to certain services and benefits which are set forth in their entirety below, subject to the guidelines and limitations of this "Membership Guidelines" section.

This program is offered by and/or through Cross Country Motor Club, Inc., Medford, MA 02155, except in Alaska, California, Hawaii, Oregon, Wisconsin, and Wyoming where services are provided by and/or through Cross Country Motor Club of California, Inc., Thousand Oaks, CA 91360.

The following provisions apply to your membership:

1. Whenever we refer to "you" and "your" throughout this guide, we refer to the member named on the membership card. Whenever we refer to "we", "us", "our" and "CCMC" we refer to Cross Country Motor Club, Inc. or Cross Country Motor Club of California, Inc.

2. Your membership begins on your enrollment date shown on the membership card. Membership is continuous for twelve month terms with all the then current benefits, and dues are billed automatically at the then current rate on your credit card or invoiced to your address, depending upon the payment plan selected.

3. Your membership will continue until either the end of the term of your membership, or you may cancel your membership at any time. CCMC reserves the right to limit and/or cancel membership when, in CCMC's judgment, the benefit usage becomes excessive in frequency or type of occurrence. You will receive no further billing and a pro-rated refund will be issued without any deductions.

4. Your membership benefits cover you and others living in your household as well as dependent children up to age 22 while driving any vehicle owned, leased or furnished to you/them with permission of the owner.

5. Services and benefits are available in the United States of America (including Puerto Rico, but excluding other territories and possessions) and Canada.

6. Roadside assistance, towing and lockout services and benefits are rendered as "emergency services" and are available only when the vehicle(s) covered is unable to proceed safely under its own power, either on the member's premises (garage or driveway) or any normally traveled, paved public street, highway or parking area.

7. Frequency Limits - Service will only be provided for one disablement for the same cause during any consecutive 7-day period. Only one tow or other service per disablement will be provided. Services are for emergencies only and not intended to be a general repair service or used as a substitute for regular/routine maintenance.

8. Roadside assistance, towing, and lockout services are limited to a combined four service incidents per membership year (the twelve month period from the date of enrollment) for you and others living in your household. If more than four such service incidents occur during a membership year, we will continue to provide the benefits of dispatched service to your disabled vehicle, however, any resulting service charges must be paid by you, the member, at the time service is rendered and these charges are not reimbursable.

9. In the event that CCMC pays to you, or pays or incurs expense for your benefit, any sums in connection with or arising out of services obtained by you, then, to the extent of the amount paid or expense incurred, CCMC shall be subrogated to all of your rights, claims, and interest which you may have against any person, corporation, or legal entity liable or responsible for the loss or incident which occasioned such payment or expense, including without limitation, the manufacturer of your vehicle, and you, by acceptance of such benefit, authorize CCMC to sue, compromise, or settle in its own name or in your name, or otherwise, all such claims, and you hereby agree that CCMC shall be fully substituted in your place and subrogated to all of your rights on account thereof, provided, however, that you must be made whole, that is, compensated for all the elements of your damages, before CCMC may have any recovery under this provision.

10. Since the tower and service facilities are independent contractors and are not our agents or employees, CCMC can assume no liability for any damage to a vehicle or injury to person(s) from the rendering of service or for personal items left in the vehicle. Any claims for damage to the property or injury to person(s) must be filed against the service provider or facility.

11. Certain benefits (if applicable), including Trip Routing and other discounts, are provided by independent contractors who are not our agents or employees. CCMC assumes no liability for the acts or omissions of these providers.

12. The Emergency Message Relay service is provided to you as a convenience, and CCMC shall not be liable for any failure or inability to relay a message.

13. Bail Bond Service (if applicable) reimbursement of up to a maximum payment of $200 per occurrence is provided to you if you are charged with a violation of any motor vehicle law (except driving while intoxicated, under the influence of drugs/narcotics or without an operator's license/permit; or, if you are charged with a felony or for failure to appear for prior traffic violations or leaving the scene of an accident without disclosing your identity) and you are required to post bail. Neither the bond you acquire nor this benefit from us will pay for any fines or forfeitures imposed upon you by a court of law.

14. Legal Defense (if applicable) reimbursement of up to a maximum payment of $1,000 in the aggregate is provided to cover fees for a lawyer's appearance to defend you against conviction of a violation of a motor vehicle law resulting from the use of your vehicle (except driving while intoxicated, under the influence of drugs/narcotics or without an operator's license/permit; or, if you are charged with a felony or for failure to appear for prior traffic violations or leaving the scene of an accident without disclosing your identity). Only violations occurring during the term of your membership will be covered. No payments will be made for violations of non-motor vehicle crime(s), or for witness fees, photographs, maps or fines. You will receive one reimbursement payment for one occurrence based on the following schedule below, which allows for the largest maximum payment:

Reckless Driving: Trial Defense $100 Appeal $100

Manslaughter: Trial Defense $700 Appeal $300

Other Motor Vehicle Violation: Trial Defense $100 Appeal $100

Note: Bail Bond Service and Legal Defense are reimbursement benefits only.

15. Turn by Turn (if applicable) - All routes, distances and driving times are derived using publicly available data. Under certain circumstances directions provided may not be the most direct or may be limited. Although this service is intended to assist you, no warranty is expressed or implied for the usability of the contents. We assume no liability for any loss or delay. With your safety being of the utmost importance to us, it may be advisable to disregard the instructions and to drive out of harm's way in situations where you feel unsafe.

16. In no event shall CCMC or Volvo Group be liable to you for any indirect, special or consequential damages that you may incur in connection with this Plan.

Type of Vehicles Covered:

Your membership was designed with your passenger car in mind. CCMC offers full Emergency Road Service, Emergency Towing and Wrecker Service and Emergency Lockout Service for all self-propelled, four-wheel vehicles designed, licensed, and used for private on-road transportation, and trucks with a carrying capacity of up to 2,000 pounds, subject to the exclusions elsewhere herein.

Reimbursement In Certain Circumstances:

When, because of unusual circumstances, you utilize the option of obtaining emergency services through your own service provider (a service provider is defined as an established commercial garage, service station or other repair facility), first you must call Cross Country Motor Club and receive an authorization number. For reimbursement (up to $100 per occurrence) send us your original (not a photocopy) pre-printed itemized receipt (including name, address, and telephone number of the service provider), your authorization number, your name, address, membership number, and a description detailing the emergency services provided and amount of the service charges.

For Bail Bond Service and Legal Defense you must enclose a copy of the bond, a receipted invoice on attorney's stationery which shows the nature of charges against you, the court, the date of trial, copy of the citation, the disposition of the case, and the amount paid for bail bond or legal fees.

All claims must be mailed to Cross Country Motor Club, Claims Department, P.O. Box 9145, Medford, MA 02155 within thirty (30) days of the disablement or occurrence, trial or appeal, accompanied by the bill and verification records requested previously. Claims received after that time period may not be honored and are subject to the full discretion of CCMC.

CCMC reserves the right to limit and/or cancel membership when, in CCMC's judgment, the benefit usage becomes excessive in frequency or type of occurrence.

Private citizen's assistance is not reimbursable.

Non-Covered Items:

1. All parts, labor and supplies provided while at an auto repair shop or service station or towing to another location.
2. Service for taxicabs, tractors, boats, rental vehicles, commercial vehicles, dune buggies, trucks or vehicles used for competition, stolen vehicles, unlicensed vehicles, illegally parked or impounded vehicles or any vehicles in tow.
3. Any and all taxes, fines or ambulance charges.
4. Rental of towing equipment.
5. Towing at the direction of a law enforcement officer relating to traffic obstruction, impoundment, abandonment, illegal parking or other violations of law or towing by other than a licensed service station or garage.
6. Installation or removal of snow tires, repairs to studs, mounting and dismounting snow chains.
7. Repeated service calls for a vehicle in need of routine maintenance or repairs.
8. Shoveling snow from around a vehicle.
9. Vehicle storage charges, cost of parts and installation of products, materials, impoundment, and additional labor relating to towing.
10. Benefits are not applicable if the need for service arises out of or in connection with an act of God, war, insurrection, riot, etc.
11. Expenses incurred by you that are not specifically listed in this brochure.

Discounts:

Discounts (if applicable) are valid at participating locations. Certain restrictions may apply. Participating locations and savings coupons may be added or deleted and the level of discounts are subject to change at any time. When making reservations, please have your membership card available and show all coupons to participating vendors.

Specific State Provisions:

The schedule of benefits, terms and conditions may vary to conform to state laws as they exist from time to time.

New York Residents:

Legal Defense benefit is not available.

Utah Residents:

Under Utah law, these benefits may only be cancelled by CCMC (a) upon 10 days written notice for nonpayment of the fees when due, or (b) upon 30 days written notice in the event of any of the following: (i) a material misrepresentation by you, (ii) a substantial change in the risk assumed reasonably unforeseen by CCMC, or (iii) a substantial breach of your contractual duties, conditions, or warranties. The foregoing notification periods do not apply if the membership has been in effect for less than 60 days when the written notice of cancellation is mailed or delivered. With respect to reimbursement requests, a failure to provide timely notice or submit evidence of expenses within 30 days will not invalidate your claim if it was not reasonably possible for you to give the notice or file the receipts within 30 days and notice was given or the claim was filed as soon as reasonably possible. The national savings and discount benefits (Cross Country Perks) are made available to Utah residents through a separate complimentary membership program offered by an affiliate of CCMC, Cross Country Services, Inc.; the benefits are expressly not included as a component part of your motor club membership. This complimentary membership in Cross Country Perks will run coterminous with your CCMC motor club membership.

Wisconsin Residents:

Under Wisconsin law, these benefits may be deemed an insurance policy. After the first 60 days and prior to the expiration of the term your benefits may not be canceled by Cross Country except: (a) for failure to pay the membership fee; (b) in the event of material misrepresentation by you; (c) in the event of a substantial change in the risk assumed reasonably unforeseen by Cross Country; or (d) for a breach of duties, conditions, or warranties by you. No cancellation will become effective until at least ten days after the first class mailing or delivery of a written notice to you. KEEP THIS WITH YOUR INSURANCE PAPERS. PROBLEMS WITH YOUR INSURANCE? If you are having problems with your insurance company or agent, do not hesitate to contact the insurance company or agent to resolve your problem. You can also contact the OFFICE OF THE COMMISSIONER OF INSURANCE (a state agency which enforces Wisconsin's insurance laws) to file a complaint. You can contact the OFFICE OF THE COMMISSIONER OF INSURANCE by writing to: Office of the Commissioner of Insurance Complaints Section P.O. Box 7873 Madison, WI 53707-7873 or you can call 1-800-236-8517 (within Wisconsin) or 608-266-0103 and request a complaint form. Cross Country's address in the state of Wisconsin is 3815 North Brookfield Road, Suite 104, Brookfield, WI 53045-1973.

Wyoming Residents:

This plan is on file with the Wyoming Insurance Department effective 10/98.

Cross Country Motor Club, Inc. and Cross Country Club Motor Club of California, Inc. are subsidiaries of Agero, Inc.
© 2016 Agero, Inc. All rights reserved.