Virtual Technician Terms and Conditions
Daimler Truck North America LLC (“DTNA”) is pleased to provide to you certain services and information relating to your vehicles on which a qualifying diagnostics device (“Device”) is installed as part of the original equipment or as an aftermarket installation (collectively, “Services”) on these terms and conditions (“Terms”). DTNA has described the Services it currently provides in Service descriptions in an Internet web site located at www.aftermarketserviceproducts.com (the “Site”). DTNA may offer additional Services in the future. DTNA may change the web site address of the Site from time to time.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS GOVERNING THE SITE, THE SERVICES, AND DTNA’S OBLIGATIONS. YOU MUST AGREE TO THESE TERMS AND CONDITIONS TO BE ENTITLED TO RECEIVE THE SERVICES. IF YOU AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “I AGREE” BUTTON BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND DO NOT WISH TO RECEIVE THE SERVICES, CLICK THE “I DECLINE” BUTTON BELOW. ADDITIONALLY, YOUR RECEIPT OF THE SERVICES WILL CONSTITUTE YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
1. Eligibility. To be eligible to receive particular Services, you must make all required payments and must agree to, and must comply with, these terms and conditions and the applicable Service description. DTNA may maintain separate Service descriptions for different Services it offers currently and in the future. Each Service description will include a method for you to register for the particular Service. You may not use the Sites for any purpose other than to receive information about the Services and to receive the Services for which you are eligible.
2. Username and Password. If DTNA provides a Service through the Site or another web site (individually, a “Site”, and collectively, the “Sites”), you will need to select a user name and confidential password to receive those Services. Do not share your user name or password with any other person or entity. If you do, that person or entity will be able to view your information at the Sites, including the information you receive as a result of the Services. If at any time you believe your password has been compromised, you should change it to a new confidential password by following the procedures described at the Sites.
3. Security. We use reasonable data security systems and procedures to protect all vehicle, driver and other data that is transmitted from your vehicle(s) to DTNA in connection with the Services (“Data”). However, no security system is perfect. We cannot absolutely guarantee that Data and other information that DTNA maintains or that you access over the Internet will not be hacked, intercepted or altered.
4. Restrictions. You agree you will not modify, alter, reverse engineer, decompile or otherwise translate the Sites or any software code comprising the Sites. You agree that you will not provide to any other person or entity access to any Site that DTNA does not make available to the general public. You agree that you will not sell, distribute, loan, assign, or sublicense to any person or entity any content at the Sites, your rights and obligations under these terms and conditions or any Service description, or the login information you use to access any Site.
5. Rights in Site. The Sites (including all images, photographs, animations, software, videos, audio, music, applets, text, records, reports, documents, and other materials displayed on or incorporated into the Sites) is protected by copyright and other intellectual property laws. DTNA and its licensors own all rights, title and interest in and to the Sites.
6. Rights in Data. For the period of time during which you purchase Services, DTNA will store all Data and use the Data to provide the applicable Services to you. DTNA will own all Data. For clarity, DTNA will have the exclusive, irrevocable, perpetual and worldwide right to transfer, sublicense, license, use, perform, display, reproduce, distribute, and prepare derivative works from some or all of the Data and to combine some or all of the Data with the data of others, and you grant DTNA an exclusive, irrevocable, perpetual and worldwide license and right to do all of the foregoing. Under no circumstances will you or any other person or entity obtain any right, title or interest in or to any fault codes or similar tools DTNA or any of its affiliates or contractors create, use or transmit. Notwithstanding the foregoing provisions of this Section 6, DTNA will not identify particular Data as being your Data except to DTNA’s affiliates and the respective employees of DTNA and its affiliates.
7. Compliance with Law. You and your affiliates and your respective employees, consultants and agents will comply with all laws, rules and regulations relating to the Services, the Data, or any Site relating to the Services.
8. Confidential Information. The Services and any Site (including all images, photographs, animations, software, videos, audio, music, applets, text, documents, records, reports, and other materials displayed on or incorporated into the Services or any such Site), other than those Service descriptions and web site pages DTNA makes available to the general public, and the login information you use to access the Site will be deemed “Confidential Information”. You will keep all Confidential Information strictly confidential. You will prevent any unauthorized access to or use of the Confidential Information. If you receive any legal notice requesting that you disclose any Confidential Information, you will immediately notify DTNA in writing of the notice and will cooperate fully with DTNA in objecting to any improper or unnecessary disclosure.
9. Links. The Site may contain links to third-party websites or resources. You agree that neither DTNA nor any of its affiliates are responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DTNA or any of its affiliates of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge you have sole responsibility for, and you assume all risk arising from, your use of any such websites or resources.
Site; Disclaimers. DTNA WILL USE REASONABLE EFFORTS TO PROVIDE YOU ACCESS TO
THE SERVICES AND ANY SITE WITH MINIMAL INTERRUPTIONS, BUT DTNA CANNOT GUARANTY
THAT YOU WILL HAVE ACCESS TO THE SERVICES OR ANY SUCH SITE AT ALL TIMES.
YOU MUST PROVIDE YOUR OWN COMPUTER, WEB BROWSER, AND INTERNET CONNECTION.
THERE WILL BE TIMES WHEN A SERVICE OR A SITE IS UNAVAILABLE DUE TO MAINTENANCE
OR OTHER EVENTS. DTNA DISCLAIMS ALL IMPLIED WARRANTIES WITH REGARD TO THE
SERVICES AND ANY SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY,
EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OR THE APPLICABLE
SERVICE DESCRIPTION, DTNA DISCLAIMS ALL EXPRESS WARRANTIES CONCERNING THE SITE,
THE SERVICES, ANY SITE OR THE DATA, INCLUDING THE QUALITY, FUNCTIONALITY,
OPERABILITY, ACCURACY, USE, OR PERFORMANCE OF THE SITE, THE SERVICES, OR THE
DATA. The device on your vehicle may not be able to transmit information
from all locations in the
11. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DTNA OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE SITES, THE SERVICES, THE DATA, ERRORS IN THE DATA OR OTHER INFORMATION YOU RECEIVE THROUGH THE SITES OR THE SERVICES, OR YOUR USE OF THE SITES, THE SERVICES, OR THE DATA, REGARDLESS OF THE THEORY OF RECOVERY, EVEN IF DTNA OR AN AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Neither DTNA nor any of its affiliates will be liable for any loss of or damage to any Data or work product DTNA provides as part of the Services or any related reconstruction or other expenses. Without limiting the foregoing, in no event will DTNA or any of its affiliates be liable for any amount arising out of or relating to the Sites, the Services or the Data in excess of the lesser of (a) the purchase price you have actually paid DTNA for the Services in the 12 months immediately preceding the event giving rise to the claim against DTNA or (b) $1,000, regardless of the number of vehicles you own or operate. Any claim, action, or proceeding by you arising out of or relating to these terms and conditions, any Service description, the Sites, the Services, or the Data will be forever barred unless it is commenced within the earlier of: (a) one year after the claim or cause of action has accrued; or (b) the period prescribed by applicable statute of limitation or repose. These terms and conditions and the applicable Service description contain your sole and exclusive remedies for all claims, actions, and proceedings arising out of or relating to these terms and conditions, the Sites, the Services, the Data, or a breach of these terms and conditions or any Service description, regardless of the theory of recovery.
12. Default; Limited Remedies; Termination. Your breach of any provision of these terms and conditions or any Service description, or your failure to pay as and when due any amount you owe relating to the Services, will constitute an event of default. Upon the occurrence of an event of default, DTNA may elect to do one or more of the following: suspend or terminate permanently your access to the Sites; suspend or terminate permanently your right to receive the Services; and pursue its other rights and remedies. Your sole and exclusive remedy with respect to these terms and conditions, any Service description, the Sites, the Services, or the Data will be to terminate the affected Services and to receive a partial refund of the amount you paid DTNA for the affected Service if and to the extent the applicable Services description specifically provides for such a refund. DTNA may terminate one or more Service descriptions and stop providing some or all of the Services to you at any time in its sole discretion.
13. Indemnification. You will defend, indemnify, and hold harmless DTNA and its affiliates and their respective directors, officers, managers, shareholders, members, employees, and agents (collectively, “Indemnitees”) from and against (a) any claim, action, or proceeding by any person or entity alleging that a Device, the Sites, the Services, the Data, any breach of these terms and conditions or any Service description, or any negligence by any Indemnitee with respect to the Sites, the Services, or the Data, caused or contributed to any vehicle accident, personal injury, bodily injury, death, or property damage and (b) all associated penalties, losses, damages, liabilities, costs, obligations, and attorneys’ fees and expenses.
Governing Law; Venue. DTNA will provide the
Services in the
15. Notices. Any notice DTNA is permitted or required to give you under these terms and conditions or any Service description will be effective if it is sent to a physical or email address DTNA has on file for you. Any notice you are required or permitted to give DTNA under these terms and conditions or any Service description will be effective if it is sent by certified mail, return receipt requested, or FedEx to the following address: Daimler Truck North America LLC, Attention: Director of Telematics, 2477 Deerfield Drive, Fort Mill, South Carolina 29715, with copy to Attention: General Counsel, 4747 N Channel Avenue, Portland, Oregon 97217.
16. Changes to Services Descriptions. DTNA may change any Service description from time to time by posting a revised Service description at the Site. In order to be aware of any revised Service description, you should review the Service descriptions at the Site from time to time.
17. General. If you are a corporation or other entity, you represent and warrant that the person agreeing to these terms and conditions on your behalf by clicking “I agree” below has the right, power, and authority to do so. You may not assign your rights or delegate your obligations under these terms and conditions or any Service description, by contract, merger, operation or law, or otherwise, without DTNA’s prior written consent which DTNA may withhold in its sole discretion, and any such assignment without such consent will be void. DTNA may assign its rights and delegate its duties under these terms and conditions or any Service description without your consent and without giving you any notice. The provisions of these terms and conditions are severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provisions. The term “including” will not be construed to be limiting. These terms and conditions and the applicable Service descriptions are the entire agreement between DTNA and you relating to the Sites, the Services or the Data and supersede all prior and contemporaneous agreements, proposals, representations, understandings, usages of trade, courses of dealing, and courses of performance relating to the Sites, the Services and the Data. These terms and conditions may be modified only by the mutual written agreement of DTNA and you.