BMW of North America, LLC located at 300 Chestnut Ridge Road, Woodcliff Lake, NJ 07677-7731( “BMW NA” or “we, us, our”) in cooperation with BMW Labs offers you the opportunity to pilot certain services which have not yet been released for commercial distribution. Your feedback allows us to test and verify the Pilot’s functionality and to support future development.
The In-Vehicle Appointment Scheduling Pilot provides a more convenient way of booking your next service visit. The vehicle will notify you when service is necessary and lets you book your service appointment directly from the vehicle. The BMW Labs website, https://labs.bmwna.com provides you with information about the In-Vehicle Appointment Scheduling Pilot. You have the option to share your feedback about your experience with us anonymously or not.
Every owner of a BMW vehicle in the US with ConnectedDrive services activated or connected via his or her ConnectedDrive Account is generally eligible to participate in the Pilot.
You must be of full legal age to participate in the Pilot, and you must grant your express consent to participate. Once you consent, BMW NA will automatically install an application called “Online Appointment Scheduling” over the air in your vehicle. The pilot registration ends April 30th, 2019. The application is good till then or till you choose to end your participation. BMW NA reserves the right to extend or terminate the pilot at any time, without prior notice or liability for any reason whatsoever.
The application is linked to your vehicle. If you sell, transfer or scrap your vehicle, please notify BMW NA at InCarBooking@bmwna.com.
The following describes how the service works:
Since BMW NA, in cooperation with BMW Labs, provides services during test and development phase, you understand that BMW NA, at its sole discretion, may modify, suspend or discontinue the availability of any services at any time.
As part of offering the In-Vehicle Appointment Scheduling Pilot we will cooperate with local BMW service centers where your vehicle’s needs are addressed by BMW trained technicians.
We appreciate your feedback on your use of the Online Appointment Scheduling application. You can contact us at InCarBooking@bmwna.com. Additionally, BMW NA may contact you by phone or email within normal business hours. All analysis will be kept confidential.
YOUR USE OF THE ONLINEAPPOINTMENT SCHEDULING SERVICE IS AT YOUR OWN RISK. NEITHER BMW NA, THE SERVICE PROVIDER, NOR ANY OTHER THIRD PARTY BENEFICIARY EXERCISE ANY CONTROL OVER OR HAS RESPONSIBILITY WHATSOEVER FOR THE CONTENT OR INFORMATION TRANSMITTED OR ACCESSIBLE THROUGH THE ONLINEAPPOINTMENT SCHEDULING SERVICE. BMW NA, THE SERVICE PROVIDERS,CARRIER, AND ANY OTHER THIRD PARTY BENEFICIARY EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR SUCH CONTENT AND INFORMATION, THE ONLINEAPPOINTMENT SCHEDULING SERVICE AND ALL RELATED CONTENT AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AVAILABILITY OF THE ONLINEAPPOINTMENT SCHEDULING SERVICES AND/ORQUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BMW NA, THE SERVICE PROVIDERS NOR ANY OTHER THIRD PARTY BENEFICIARY REPRESENT OR WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT LOSS OF CONTENT, DATA OR INFORMATION. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT TRANSMISSIONS RELATED TO THE ONLINEAPPOINTMENT SCHEDULING SERVICE AND/OR OVER THE WIRELESS SERVICE MAY NOT BE SECURE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY DATA, MATERIAL OR INFORMATION OF ANY KIND WHATSOEVER UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINEAPPOINTMENT SCHEDULING SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS OF SUCH DATA, MATERIAL OR INFORMATION DURING, OR THAT RESULTS FROM, YOUR USE OF THE ONLINEAPPOINTMENT SCHEDULING SERVICE INCLUDING, BUT NOT LIMITED TO, YOUR SENDING OR RECEIVING, OR UPLOADING OR DOWNLOADING, OR ATTEMPTS TO DO SAME, OF SUCH DATA, MATERIAL OR INFORMATION. NEITHER BMW NA, THE SERVICE PROVIDERS, NOR ANY OTHER THIRD PARTY BENEFICIARY SHALL BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE ONLINEAPPOINTMENT SCHEDULING SERVICE, INCLUDING THE ANY FAILURE OR FAULT RELATING TO EQUIPMENT OR SERVICES PROVIDED TO YOU.
a. The ONLINEAPPOINTMENT SCHEDULING SERVICE is provided to you merely as a convenience and are not intended as a substitute for insurance. The amount of fees for the ONLINEAPPOINTMENT SCHEDULING SERVICE are not related to the value of your vehicle or its contents or to the potential cost of any injury or loss suffered by you or anyone else. You should obtain and maintain adequate insurance covering such injuries and losses. YOU AGREE TO RELEASE BMW NA, ITS SERVICE PROVIDERS AND ALL OTHER THIRD PARTY BENEFICIARIES FROM ANY AND ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE ONLINEAPPOINTMENT SCHEDULING SERVICE, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE ONLINEAPPOINTMENT SCHEDULING SERVICE, EVEN IF CAUSED BY THE NEGLIGENCE OF BMW NA, ITS SERVICE PROVIDERS OR ANY THIRD PARTY. YOU AGREE TO INDEMNIFY BMW NA, ITS SERVICE PROVIDERS AND ALL OTHER THIRD PARTY BENEFICIARIES AGAINST ALL SUCH CLAIMS, LIABILITIES AND LOSSES BROUGHT BY THIRD PARTIES. YOU FURTHER AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT YOUR INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION. YOU ALSO AGREE TO INDEMNIFY BMW NA AND ITS SERVICE PROVIDERS AGAINST ALL CLAIMS, LIABILITIES AND LOSSES RELATED TO OR CAUSED IN WHOLE OR IN PART BY YOUR FAILURE TO NOTIFY US IF YOU CHANGE YOUR PHONE NUMBER, INCLUDING BUT NOT LIMITED TO ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT.
b. NEITHER BMW NA, ITS SERVICE PROVIDERS NOR ANY THIRD PARTY BENEFICIARY WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) IN CONNECTION WITH THE ONLINEAPPOINTMENT SCHEDULING SERVICE, EVEN IF BMW NA, ITS SERVICE PROVIDERS OR THE OTHER THIRD PARTY BENEFICIARY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY LAW.
c. IF BMW, ITS SERVICE PROVIDERS OR ANY OTHER THIRD PARTY BENEFICIARY IS FOUND LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF ALL THESE PARTIES TO YOU FOR ANY CLAIM IS LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE ONLINEAPPOINTMENT SCHEDULING SERVICE. YOU AGREE THAT NEITHER BMW NA, ITS SERVICE PROVIDERS NOR ANY OTHER THIRD PARTY BENEFICIARY WOULD HAVE AGREED TO PROVIDE THE ONLINEAPPOINTMENT SCHEDULING SERVICE TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF BMW NA, ITS SERVICE PROVIDERS AND ANY OTHER THIRD PARTY BENEFICIARIES TO YOU, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.
BMW NA retains all rights, title and interest in https://labs.bmwna.com, including copyrights and trademarks, and in all BMW NA's products, software and other properties provided or used in course of the BMW Labs Services or the website.
Your participation in the In-Vehicle Appointment Scheduling Pilot is voluntary. If you wish to terminate your participation, please notify BMW NA at InCarBooking@bmwna.com.
BMW NA reserves the right to change these Terms and Conditions at any time.
BMW reserves the right to change these Terms and Conditions at any time. We will notify you of changes by publishing the amended Terms and Conditions on the BMW Labs website.
Date: December 2018