BMW Terms and Conditions

1. Agreement to Terms

By accessing or using the BMW of North America, LLC ("BMW NA") websites, mobile applications, products, and services (collectively, the "Site"), you agree to be bound by these BMW Terms ("Terms"). These Terms, along with the BMW NA Privacy Policy and ConnectedDrive Terms, govern your use of the Site. If there is a conflict, the ConnectedDrive Terms prevail for their subject matter. Your use of the Site constitutes acceptance of these Terms, as they may be amended.

"Site Content" refers to materials provided by BMW NA on the Site. "Materials" refers to any content submitted by users to the Site.

These Terms include a mandatory binding arbitration provision and waivers of jury trial and class action rights. Please review these sections carefully.

2. Revisions to Terms

BMW NA may revise these Terms at any time by posting changes on the Site or notifying you. Your continued use of the Site after changes are posted or notified constitutes acceptance of the revised Terms. BMW NA may also change, suspend, or discontinue any portion of the Site or its services without notice. Your sole remedy for dissatisfaction is to discontinue using the Site.

3. Authorization to Access Information

You grant BMW NA an irrevocable, worldwide, royalty-free license to use any information, data, Materials, or other content you provide through the Site. You authorize BMW NA to access third-party sites on your behalf to retrieve or disclose your information for the purpose of providing the Site and Site Content. BMW NA is not obligated to use or post any submission and may remove it at its discretion. These authorizations are ongoing unless the Terms are terminated.

4. Privacy Policy

Your personal information will be processed in accordance with the BMW NA Privacy Policy.

5. BMW CarData

BMW NA may offer BMW CarData, a ConnectedDrive service, allowing eligible customers to view selected vehicle information ("Vehicle Data"). Primary Subscribers may release, modify, or cancel the release of this data to third parties. Use of BMW CarData is subject to a Subscriber Agreement and vehicle linkage. Canceling or modifying data transfers may affect third-party arrangements. The quality of Vehicle Data depends on vehicle model, installed devices, internet availability, and ConnectedDrive service usage.

6. User Representations

You represent that you have the authority to agree to these Terms, that all information provided is accurate and complete, that you will not misrepresent your identity, that you will keep account information secure, that you are not in an embargoed country, and that you are the legal owner or authorized user of any third-party accounts accessed via the Site. If you access the Site on behalf of an organization, that organization is bound by these Terms.

7. ChargeForward Program

You may qualify for the ChargeForward Program, which optimizes vehicle charging using renewable energy data. Participation requires owning an eligible BMW electric or plug-in hybrid vehicle, maintaining active connected vehicle services, notifying BMW NA of residency or utility provider changes, using the ChargeForward app, and authorizing access to vehicle and energy usage data. You agree to meet program requirements, including participation in charging events and potential software upgrades. BMW NA may terminate your participation for failing to meet requirements. You can withdraw by contacting bmwchargeforward@bmwna.com. Participation incentives may be offered, and BMW NA may share your data as required for program participation.

8. Disclaimer of Warranties

The Site and Site Content are provided "as is" and "as available." BMW NA disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, security, and accuracy. BMW NA is not responsible for the content or reliability of Linked Websites. Use of the Site or Linked Websites is at your own risk. BMW NA does not warrant that the Site will be error-free, secure, or uninterrupted, or that defects will be corrected. Any downloaded content is at your own risk. BMW NA is not obligated to update Site Content and makes no warranties regarding maps, routes, charging times, or equipment availability.

9. Limitation of Liability

BMW NA assumes no liability for the Site, Site Content, or Materials. Reliance on the Site is at your own risk. To the extent permitted by law, BMW NA and its affiliates, service providers, partners, employees, agents, officers, directors, or contractors will not be liable for any damages arising from your use of or inability to use the Site, including direct, indirect, incidental, special, consequential, exemplary, or punitive damages. This includes damages for personal injury, property damage, lost profits, data loss, or any other losses. If BMW NA is found liable, its liability is limited to $100.

10. Prohibited Conduct

You agree to use the Site only for lawful purposes. You agree not to engage in any of the following activities:

• Violating contractual obligations or laws.
• Attempting to derive source code from the Site.
• Copying, modifying, or reverse-engineering the Site or its content.
• Circumventing security measures.
• Infringing on intellectual property or confidential information rights.
• Sharing inappropriate or objectionable content.
• Engaging in activity harmful to yourself, the Site, or others, including transmitting viruses.
• Violating the privacy of others.
• Engaging in fraudulent or misleading activity.
• Circumventing access restrictions or soliciting business.
• Posting spam or political statements.
• Creating liability for BMW NA or its service providers.
• Accessing content programmatically via automated means.
• Using the Site for commercial purposes without permission.
• Using automated devices to access, copy, or monitor the Site.
• Slowing the Site's operation or interfering with its normal function.
• Restricting or inhibiting others' use or enjoyment of the Site.

Accessing the Site from territories where its contents are illegal is prohibited.

11. User Responsibility for Use and Account

You are solely responsible for your use of the Site and your account, including the security of your login credentials and all activities that occur under your account. Failure to comply may result in termination of access and potential civil or criminal liability.

12. User Responsibility for Materials

Materials submitted by users are their sole responsibility and do not necessarily reflect BMW NA's opinions. You are responsible for the legality, reliability, accuracy, completeness, and appropriateness of your Materials. You may not submit Materials that violate privacy, infringe on intellectual property, or contain confidential information. By submitting Materials, you grant BMW NA a nonexclusive, royalty-free, perpetual license to use, copy, display, edit, modify, publish, adapt, translate, or create derivative works from them for any purpose. BMW NA is not obligated to keep Materials confidential and is not liable for their use or disclosure. BMW NA may attribute Materials to you and reserves the right to remove Materials or suspend user access.

13. Indemnification

You agree to defend, indemnify, and hold harmless BMW NA, its service providers, and their officers, directors, employees, and agents from any claims or demands arising out of or relating to your use of the Site, Site Content, or Materials, including breaches of these Terms, violations of law, or infringement of rights.

14. Respect for Intellectual Property Rights

You may not use BMW NA Marks (names, logos, trademarks, etc.) without prior written consent. BMW NA Marks are the exclusive property of BMW NA. You may print one copy of Site pages for personal reference but may not modify them or use accompanying graphics separately. You must acknowledge BMW NA's status as the author of Site material. Use of Site Content for commercial purposes requires prior written consent.

15. Protection of Intellectual Property

The Site and Site Content are proprietary to BMW NA or its licensors and protected by intellectual property laws. You agree to abide by all applicable proprietary rights and laws. BMW NA retains all ownership and proprietary rights in the Site and Site Content. You are not granted a license to use BMW NA's intellectual property.

16. Use of Intellectual Property

BMW NA Intellectual Property includes BMW trademarks, logos, model names, and other identifiers. You may not modify, use, download, copy, transmit, or distribute BMW NA Intellectual Property without prior written consent. Other brands and marks are the trademarks of their respective owners.

17. Use of Site Content

You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from, or using any Site Content for commercial or public purposes without BMW NA's prior written consent.

18. Site Content Information

Site Content is for informational purposes only and does not constitute an offer to buy or sell BMW vehicles. BMW NA may revise or discontinue Site Content at any time. Vehicle purchases are subject to applicable sale, lease, or financing contracts. Model Year designations may vary.

19. Copyright Infringement Notification

If you believe your copyrights are infringed on the Site, you may submit a notification to BMW NA's Copyright Agent with specific information as required by the DMCA. You can contact the agent via email at bmwdmca@bmwusa.com or by mail. If your content was removed due to a mistake, you may send a counter-notice.

20. License to Use the Site

BMW NA grants you a limited, revocable license to use the Site for your personal, non-public, legitimate use. You may not copy, modify, distribute, sell, or exploit Site Content without prior written consent, except for temporary storage, browser caching, or printing reasonable portions for personal reference. All rights to Site Content remain with BMW NA or the applicable owner.

21. License to Use Mobile Applications

If you use an iOS or Google Android mobile application, Apple and Google are not parties to these Terms and have no responsibility or warranty for the App. You are granted a limited license to use the App in accordance with applicable terms. You are responsible for complying with third-party agreements and mobile carrier terms. You represent that you are not located in a U.S. embargoed country or on a restricted party list.

22. Mobile Application Preferences

You can review and change settings within the mobile application or vehicle settings menu.

23. Mobile Applications and Driving

Mobile applications are not intended for use while operating a motor vehicle, unless used in a hands-free manner via the infotainment display. Responsible use is required to avoid distractions and potential accidents.

24. Mobile Applications and GPS

Mobile applications may use GPS for route estimation. Continued GPS use can decrease battery life. Standard data rates may apply. Arrival times and routes are estimates and may be affected by traffic and weather.

25. Mobile Applications and Data Access

Mobile applications may require wireless or cellular data access. You are responsible for securing this access and any associated data fees from your mobile provider.

26. Endorsement of Linked Websites

BMW NA may link to third-party websites ("Linked Websites"). These sites are not controlled by BMW NA, and BMW NA does not endorse, sponsor, or affiliate with them. Use of Linked Websites is at your own risk. BMW NA may offer services from HERE, Apple, Google, Stripe, PayPal, and Electrify America, and your use of these services is subject to their respective terms and privacy policies.

27. Payments and Finality

You authorize BMW NA to bill you for services and applicable taxes. You represent that you have the legal right to use the provided payment method. Temporary authorization holds may be placed on your payment method. Prices and fees may be delayed and not accurate; you are responsible for the correct amount. You must keep your payment information updated. BMW NA may cancel services if payment fails. Payments are generally final and nonrefundable unless required by law.

28. Compliance with Laws

You are responsible for complying with all applicable federal, state, and local laws and regulations when accessing the Site.

29. Communication with Users

BMW NA, its service providers, and partners may contact you via email, text, or voice call. By using the Site, you consent to receive electronic communications and agree to receive messages from BMW NA at the provided contact information. You are responsible for updating your contact information. You can opt out of text messages by replying STOP.

30. Termination of Terms

BMW NA may terminate these Terms, suspend, or limit your account, the Site, or your use of the Site without prior notice or liability, for any reason, including breach of these Terms. Upon termination, you must cease using the Site and destroy any downloaded Site Content.

31. Notice Methods

BMW NA may provide notice by posting changes on the Site, via your account, email, mail, or private courier. You must provide notice to BMW NA in writing to the address provided.

32. Site Access Discretion

Your access to the Site is permitted at BMW NA's discretion and may be withdrawn or restricted without notice due to various reasons, including inappropriate use or system maintenance.

33. Waiver of Jury Trial and Class Action Rights

You waive your right to a jury trial and to participate in any class action or representative proceeding for disputes arising from your use of the Site or these Terms. Arbitration will be conducted on an individual basis only.

34. Agreement to Arbitration

Any dispute arising from the Site, Site Content, Materials, or Terms will be settled by binding arbitration. You and BMW NA waive the right to a jury trial or to participate in a class action. Arbitration will be conducted on an individual basis unless both parties agree otherwise. You and BMW NA retain the right to bring individual actions in small claims court or to seek equitable relief for intellectual property protection. Claims must be detailed, including a good-faith calculation of the amount in dispute. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The arbitrator's award is final and binding. You may opt out of arbitration within 30 days of accepting the Terms by providing written notice to BMW NA. A Mass Action Waiver is in place, prohibiting class or representative arbitration proceedings.

35. Survival of Provisions

Provisions related to limitations of liability, disclaimer of warranties, intellectual property, governing law, and venue survive the termination of these Terms.

36. Entire Agreement

These Terms constitute the entire agreement between you and BMW NA regarding your access to and use of the Site, superseding all prior understandings.

37. Assignment of Terms

You may not assign these Terms. BMW NA may assign its rights or obligations without notice. These Terms benefit BMW NA's successors and assigns.

38. Governing Law and Venue

These Terms are governed by the laws of the State of New Jersey. Exclusive jurisdiction for any disputes not subject to arbitration lies in the state or federal courts in Newark, New Jersey.

39. Severability

If any portion of the Terms is found unenforceable, the remaining provisions remain in effect. The unenforceable provision will be replaced by a valid, enforceable provision that matches the original intent.

40. No Waiver of Rights

BMW NA's failure to exercise any right under these Terms does not constitute a waiver of that right or any other rights.

41. Location and Compliance

BMW NA is based in the United States. Accessing the Site from other locations is at your own risk, and you are responsible for complying with local laws.

42. Controlling Language

English is the controlling language for the Site and prevails in case of inconsistencies with translated versions.

43. Reservation of Rights

Any rights not expressly granted herein are reserved by BMW NA.

44. Contact Information

For questions or concerns about the Terms, contact customerrelations@bmwusa.com or BMW of North America, LLC, Attn: Customer Relations, PO Box 1227, Westwood NJ 07675-1227. For ConnectedDrive matters, contact the BMW ConnectedDrive Customer Care Center at 888-333-6118 or customercare@bmwassist.com.