Telematics Terms and Conditions

Revised March 6, 2018

Daimler Trucks North America LLC or Daimler Trucks Canada Ltd., as the case may be ("DT") is pleased to provide to you certain services and information relating to your qualifying vehicles on which a qualifying telematics device ("Device") is installed as part of the original equipment or as an aftermarket installation and is operating properly (collectively, "Services") on these terms and conditions ("Terms"). DT has described the Services currently provided in the internet web sites located at www.demanddetroit.com/technology/connectivity/virtual-technician/ and www.freightliner.com/demand-detroit/detroit-connect/ (collectively, the "Sites"). DT may change the web site addresses of the Site from time to time. DT may offer additional Services in the future, and these Terms will apply to those additional Services. Your Services will be made available to you on the Detroit Connect portal ("Portal"). If your vehicle is titled in the United States, Daimler Trucks North America LLC provides the Services to you. If your vehicle is titled in Canada, Daimler Trucks Canada, Ltd. provides the Services to you.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS GOVERNING THE PORTAL, THE SERVICES, AND DT’S OBLIGATIONS. YOU MUST AGREE TO THESE TERMS TO BE ENTITLED TO RECEIVE THE SERVICES. IF YOU AGREE TO THESE TERMS, THESE TERMS AND ALL SUBSEQUENT AMENDMENTS WILL APPLY TO ALL SERVICES YOU RECEIVE WITH RESPECT TO ALL VEHICLES YOU CURRENTLY OWN AND ALL VEHICLES YOU PURCHASE SUBSEQUENTLY. IF YOU ARE RENEWING YOUR SUBSCRIPTION WITH DT, YOU MUST AGREE TO THESE TERMS TO CONTINUE RECEIVING THE SERVICES AFTER YOUR CURRENT SUBSCRIPTION EXPIRES. IF YOU WISH TO RECEIVE THE SERVICES AND ARE REVIEWING THESE TERMS AS PART OF THE VEHICLE WARRANTY REGISTRATION PROCESS, YOU MUST AUTHORIZE YOUR DEALER REPRESENTATIVE TO AGREE TO THESE TERMS ON YOUR BEHALF BY HAVING THE REPRESENTATIVE CLICK THE "I AGREE" BUTTON ON A DIGITAL VERSION OF THESE TERMS. IF YOU WISH TO RECEIVE THE SERVICES AND ARE REVIEWING THESE TERMS ON THE PORTAL, YOU MUST ALSO CLICK ON THE "I AGREE" BUTTON DURING YOUR INITIAL PORTAL SIGN-ON. IF YOU DO NOT AGREE TO THESE TERMS AND DO NOT WISH TO RECEIVE OR TO CONTINUE TO RECEIVE THE SERVICES, CLICK THE "I DECLINE" BUTTON ON THE PORTAL OR REQUEST THAT YOUR DEALERSHIP REPRESENTATIVE DO SO ON YOUR BEHALF ON A DIGITAL VERSION OF THESE TERMS. ADDITIONALLY, YOUR REGISTERING FOR THE SERVICES, A DEALER’S REGISTERING YOU FOR THE SERVICES AT YOUR REQUEST, YOUR RECEIVING THE SERVICES, OR YOUR RENEWING THE SERVICES WILL CONSTITUTE YOUR AGREEMENT TO THESE TERMS.

IN ORDER TO PROVIDE THE SERVICES TO YOU, DT MUST COLLECT DATA REGARDING YOUR VEHICLE TRANSMITTED FROM THE DEVICE AND STORE SOME OR ALL OF THAT DATA. DT ALSO INTENDS TO GATHER DATA FROM YOUR VEHICLE THAT DT MAY USE TO ASSIST DT IN IMPROVING THE SERVICES, DEVELOPING NEW SERVICES, IMPROVING VEHICLE PERFORMANCE, RELIABILITY AND SAFETY, AND PROVIDING MORE TARGETED MARKETING TO OUR CUSTOMERS, AMONG OTHER THINGS. BY SELECTING "I AGREE", YOU ARE AGREEING TO DT COLLECTING THE DATA DESCRIBED HEREIN. IF YOU WOULD LIKE TO ALTER DT’S RIGHTS TO COLLECT AND STORE SUCH DATA, YOU MAY DO SO UPON TIME OF REGISTRATION OR IF AFTER THE REGISTRATION PROCESS, BY CONTACTING detroitconnect@daimler.com.

  1. Eligibility. To be eligible to receive particular Services, you must make required payments and must agree to, and must comply with, these Terms and the applicable Services descriptions at the Sites. DT may maintain separate Services descriptions for different Services it offers currently and in the future. Each Services description will identify a method for you to register for the particular Service. DT may establish from time to time a process for a lessee of a qualifying vehicle to register for and to receive some or all Services with respect to that vehicle. DT reserves the right to require the lessee to obtain and have the owner of the vehicle deliver to DT such owner’s written consent to such registration for and receipt of Services. If DT agrees to provide Services to a vehicle lessee, the terms "you" and "yours" in these Terms will also refer to such lessee.
  2. Rights to and Use of Data and Information
    1. Data. You acknowledge that in order to provide certain Services with respect to a vehicle, DT and its service providers (including affiliates acting in this capacity) ("Service Providers") will collect through the Device information relating to vehicle performance, vehicle environment, driver performance, safety system performance, vehicle diagnostic and health information, vehicle location, and travel history (collectively, "Data"). The Data may include or relate to, among other things, fuel consumption, speed, gear state, emission systems, braking, accelerating and decelerating, powertrain interaction, vehicle position, radar systems, automated braking, lane departure, engine faults, and service information. Selected Data will be made available to you as part of the Services as more particularly described in the Services descriptions at the Sites.
    2. Your Obligations With Respect to Personal Information.
      • You acknowledge that certain Data made available to you in connection with the Services may constitute personal information under applicable privacy laws if you associate such Data with an identifiable driver or other individual ("Your Data Subject").
      • You agree to comply with applicable privacy laws in respect of your collection, use, processing, storage, disclosure, sharing, or other handling ("Processing") of personal information of Your Data Subjects. Without limiting the generality of the foregoing, to the extent required by law, you shall ensure that Your Data Subjects are appropriately notified of the purposes for which their personal information may be Processed and, where required, provide their consent to the Processing.
    3. How DT May Use, Share and Retain Data and Other Information. You acknowledge and agree as follows:
      • DT, Affiliates and Service Providers. DT and its affiliates and Service Providers may use all Data and other information that you provide to them (including your contact information) (i) to deliver the Services to you, (ii) to manage your account, (iii) to comply with applicable law, (iv) to offer you new or additional products or services, (v) for DT’s and its affiliates’ product research, analysis, development and quality management purposes, (vi) to improve existing telematics-based applications and services and to develop new ones, and (vii) for any other purpose permitted by applicable law; provided that DT and its affiliates and Service Providers may only use your credit card information to charge you for the amounts due for the Services and other amounts you authorize. DT’s Service Providers include wireless service providers and remote diagnostic companies. You agree that DT may share all Data and other information that you provide to DT with affiliates and Service Providers to provide the Services to you and for all other purposes described in these Terms. The term "affiliates" shall include, but is not limited to, Daimler AG, and any direct or indirect subsidiary of Daimler AG.
      • Third Party Suppliers. You agree that DT may share your contact information and information relating to your relationship with DT, including purchase history, with third party suppliers of products and services that may interest you (collectively, "Suppliers") and that those Suppliers may use such information to offer you their products and services. Notwithstanding the preceding sentence, DT will not share this information with Suppliers to the extent prohibited by applicable law.
      • Third Party Providers of Telematics Services. You agree that DT may provide the Data to each third party provider of telematics services to which you have subscribed pursuant to the terms and conditions of your agreement with that third party services provider.
      • Your Dealer or Distributor. DT and its Service Providers may share all Data and other information that you provided to them (excluding your credit card information) with DT dealers, Detroit Diesel engine distributors, and other persons and entities to assist it in servicing your vehicle.
      • Applicable Law and Law Enforcement. DT may disclose Data and other information that you provide as permitted or required by subpoena, court order or applicable law.
      • Retention. DT shall have no obligation to retain any Data for a period of time longer than the period of time DT needs the Data to perform the Services. After the expiration of the retention period, DT may elect to destroy some or all of the Data. DT and those to whom it discloses any Data or other information, including its affiliates, Service Providers and Suppliers, have the right to retain and Process indefinitely all Data and other information, including all fault codes, event codes, and other proprietary information of DT and all aggregated data and information.
    4. How DT May Share Vehicle Location Information. Where an affiliate of DT has leased a vehicle to you, or financed your purchase of a vehicle, and a Device has been installed on that vehicle, DT may disclose to such affiliate location information regarding your vehicle for the purposes of assisting such affiliate in protecting its interests in the vehicle, determining the location of the vehicle, and exercising its legal rights relating to the vehicle, including repossessing the vehicle.
    5. How DT May Use and Share Aggregated Data. DT may combine Data and other information it obtains from you with Data and other information it obtains from others by removing the vehicle identification number and your name and address from it, and use and disclose that aggregated data and derivatives thereof (collectively, "Aggregated Data") indefinitely and for any purpose whatsoever, including sharing it with third parties for any purpose without restriction. You will not have any rights in any Aggregated Data or any proceeds thereof. As between you and DT, DT shall be the exclusive owner of all rights, title and interests in and to all Aggregated Data. DT shall not have any obligation to provide any Aggregated Data to you or to compensate you for any use or disclosure of any Aggregated Data.
    6. Fault Codes and Event Codes. You acknowledge that the Device may communicate fault codes and event codes when the vehicle experiences a particular event. You agree that you have no proprietary or exclusive rights in or to any such fault codes or event codes.
    7. Data May be Processed Outside of Your Country. You acknowledge that some Service Providers may be located outside of your country of residence and that some Data and other information you provide to DT may be transferred to or Processed in a foreign country. You acknowledge that the governments, courts, law enforcement agencies, or regulatory agencies of such foreign country may be able to obtain disclosure of Data and other information you provide through a lawful order entered in the country where the information is located. It is your responsibility to comply with any applicable privacy laws that require you to notify or to obtain consent from Your Data Subjects in order to permit the transmission and Processing of their personal information outside of their country of residence.
    8. Sale or Transfer of Vehicle. If you sell or otherwise transfer (voluntarily or by virtue of a contract or applicable law) to another person or entity a vehicle with respect to which you are receiving or have received any Services, (i) you will immediately notify DT in writing of the VIN number of the vehicle and the effective date of the transfer, and (ii) you agree that DT will no longer be required to provide any Services to you with respect to such vehicle. ou agree that DT will no longer be required to provide any Services to you with respect to such vehicle.
  3. Access to Services and Portal. DT will use reasonable efforts to provide you access to the Services and the Portal with minimal interruptions, but DT cannot guarantee that you will have access to the Services or the Portal at all times. There will be times when the Portal or the Services will be unavailable due to maintenance or other events, and in those circumstances, DT will be unable to communicate with you. The Device on your vehicle may not be able to transmit information from all locations in the United States and Canada. You must provide your own computer, web browser, and internet connection.
  4. Restrictions on Your Use of the Portal. You agree you will not modify, alter, reverse engineer, decompile or otherwise translate the Portal or any software code comprising the Portal. You agree that you will not provide to any other person or entity access to any Portal that DT 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 Portal, your rights and obligations under these Terms or any Services description, or the login information you use to access any Portal.
  5. Username and Password. If DT provides Services through the Portal, 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 Portal, including the information you receive as a result of the Services. You are responsible for all uses of the Portal by any person using your password. 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 Portal. DT reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Portal, including changing your password or suspending your access to the Portal. Notwithstanding the foregoing, DT may rely on the authority of anyone using your password, and in no event will DT be held liable to you for any liabilities or damages resulting from or arising out of: (a) any action or inaction of DT under this provision; (b) any compromise of the confidentiality of your account or your password; and (c) any unauthorized access to your account or use of your password.
  6. Security. DT uses reasonable data security systems and procedures in an effort to protect your Data and other information you provide from unauthorized use, access, disclosure, distribution, loss or alteration. However, no security system is perfect. DT cannot guarantee that your Data and other information that DT maintains or that you access over the internet will not be hacked, intercepted or altered. DT employs physical, administrative, contractual and technological safeguards to protect your Data and other information and requires its Service Providers to do the same. If DT shares Data or other information you provide to DT pursuant to a consent or subscription agreement into which you have entered with a third party provider of telematics services, (a) that third party provider will be responsible for the transmission and storage of such Data and information and for implementing appropriate data security and privacy measures to protect such Data and information and govern its use, and (b) DT will not be responsible for any of the foregoing. The Services are provided through wireless networks, and communications may be intercepted by others. You agree that DT will not be responsible for claims or damages for any loss of privacy or corruption of data occurring in or as a result of communications over such networks.
  7. Rights in Portal. The Portal and all images, photographs, animations, software, videos, audio, music, applets, text, records, reports, documents, and other materials displayed on or incorporated into the Portal are protected by copyright and other intellectual property laws. DT and its licensors own all rights, title and interests in and to the Site.
  8. Compliance; Taxes. 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 the Portal. You are responsible for and shall pay all sales, use and other excise taxes, and all PST, GST and VAT taxes, imposed on the Services. If DT is required to pay any such taxes, you shall reimburse DT promptly after it tenders its invoice for such taxes.
  9. Confidential Information. The Services, the Portal and all images, photographs, animations, software, videos, audio, music, applets, text, documents, records, reports, and other materials displayed on or incorporated into the Services or the Portal, other than those Services descriptions and web site pages DT makes available to the general public and the login information you use to access the Portal, 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 DT in writing of the notice and will cooperate fully with DT in objecting to any improper or unnecessary disclosure.
  10. Links. The Portal may contain links to third-party web sites or resources. You agree that neither DT nor any of its affiliates nor any Service Provider are responsible or liable for: (a) the availability or accuracy of such web sites or resources; or (b) the content, products, or services on or available from such web sites or resources. Links to such web sites or resources do not imply any endorsement by DT or any affiliate or Service Provider of such web sites or resources or the content, products, or services available from such web sites or resources. You acknowledge you have sole responsibility for, and you assume all risk arising from, your use of any such web sites or resources.
  11. Responsibility. YOU ARE SOLELY RESPONSIBLE FOR INSPECTING YOUR VEHICLE REGULARLY, DETERMINING WHEN AND HOW TO SERVICE YOUR VEHICLE, AND DETERMINING WHETHER AND HOW TO USE ANY INFORMATION OR RECOMMENDATIONS YOU RECEIVE THROUGH THE SERVICES. DT DOES NOT ASSUME ANY RESPONSIBILITY FOR THE MAINTENANCE OF YOUR VEHICLE OR THE SAFETY OF YOU OR OTHERS BY PROVIDING THE SERVICES. YOU ARE ALSO RESPONSIBLE FOR INSPECTING THE DEVICE REGULARLY AND ENSURING IT IS OPERATING PROPERLY. YOU ARE RESPONSIBLE FOR CAREFULLY REVIEWING THE TERMS AND ANY NOTICES PROVIDED BY DT ON THE SITES, ON THE PORTAL, OR OTHERWISE, AND RESPONDING APPROPRIATELY.
  12. Disclaimers. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR THE APPLICABLE SERVICES DESCRIPTION, DT, ITS AFFILIATES, AND THE SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES WITH REGARD TO THE PORTAL, THE SITES, THE SERVICES, OR THE DATA, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS (A) OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND (B) CONCERNING THE QUALITY, FUNCTIONALITY, OPERABILITY, AVAILABILITY, ACCURACY, USE, OR PERFORMANCE OF THE PORTAL, THE SITES, THE SERVICES, OR THE DATA. NEITHER DT NOR ITS AFFILIATES NOR SERVICE PROVIDERS REPRESENT OR WARRANT THAT THE PORTAL, THE SITES, THE SERVICES, OR THE DATA ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE PORTAL, THE SITES, THE SERVICES, AND THE DATA (INCLUDING ANY SOFTWARE DOWNLOADED OR ACCESSED FROM OR THROUGH THE PORTAL) IS AT YOUR SOLE RISK.
  13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DT OR ANY OF ITS AFFILIATES OR ANY SERVICE PROVIDER (OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS AND MANDATARIES (collectively, "Representatives")) 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 PORTAL, THE SITES, THE SERVICES, OR THE DATA, LOSS OR CORRUPTION OF ANY DATA, ERRORS IN THE DATA OR OTHER INFORMATION YOU RECEIVE THROUGH THE PORTAL, THE SITES, OR THE SERVICES, OR YOUR USE OF THE PORTAL, THE SITES, THE SERVICES, OR THE DATA, REGARDLESS OF THE THEORY OF RECOVERY, EVEN IF DT OR AN AFFILIATE OR ANY SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Neither DT nor any of its affiliates nor any Service Provider (nor any of their respective Representatives) will be liable for: (a) any loss of or damage to any Data or work product DT or a Service Provider provides as part of the Services or any related reconstruction or other expenses; (b) DT’s inability to communicate with or receive information from a Device, a Service Provider, you, or any other person or entity; or (c) any act or omission of any Service Provider in performing any portion of the Services.

    Without limiting the foregoing, if DT or any of its affiliates or any Service Provider (or any of their respective Representatives) is found to be liable to you for any reason, you agree that the maximum, aggregate liability of DT and its affiliates and the Service Providers (and their respective Representatives) to you, and your exclusive remedy under any theory of recovery or for any cause whatsoever, shall be limited to the lesser of (a) the purchase price you have actually paid DT for the Services in the 12 months immediately preceding the event giving rise to the claim against DT, its affiliate or a Service Provider (or any of their respective Representatives) or (b) $1,000, regardless of the number of vehicles you lease, own or operate.

    You agree not to assert, and to waive to the fullest extent permitted by applicable law, any claim for damages other than direct, compensatory damages as limited above. Any claim, action, or proceeding by you arising out of or relating to these Terms, any Services description, the Portal, 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 the applicable Services description contain your sole and exclusive remedies for all claims, actions, and proceedings arising out of or relating to these Terms, the Portal, the Sites, the Services, or the Data, or a breach of these Terms or any Services description. You accept the restrictions on your right to recover damages or to obtain other remedies as part of your agreement with DT and you understand and acknowledge that, without such restrictions, the price of the Services would be higher. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS APPLY (A) REGARDLESS OF THE THEORY OF RECOVERY (INCLUDING WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, EQUITY, UNDER ANY STATUTE OR OTHERWISE), AND (B) EVEN IF DT, ITS AFFILIATES OR ANY SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES IN ADVANCE.

  14. Default; Limited Remedies; Termination. Your breach of any provision of these Terms or any Services 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, DT may elect to do one or more of the following: (a) suspend or terminate permanently your access to the Portal; (b) suspend or terminate permanently your right to receive the Services; and (c) pursue its other rights and remedies. Your sole and exclusive remedy with respect to these Terms, any Services description, the Portal, 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 DT for the affected Services, if and to the extent the applicable Services description specifically provides for such a refund.
  15. Cancellation; Reinstatement. You have the right to cancel one or more Services by providing to DT 30 days prior notice of cancellation in an e-mail to DetroitConnect@Daimler.com. If you elect to cancel a Service, (a) you will not be entitled to receive a refund of any kind, (b) the cancellation will not be effective until you pay DT any cancellation fee specified in the applicable Services description at the time of the cancellation, and c) DT’s collection of Data will cease within a reasonable period of time after DT receives the cancellation notice but in no event more than 90 days after you provide sufficient information from which DT can determine the exact vehicles to which you intend the cancellation to be applied. If you cancel any Services and subsequently seek to reinstate those Services, you will only be able to reinstate those Services if (x) you are then eligible to receive those Services and (y) you pay DT its then current reinstatement fee.
  16. Indemnification. You will defend, indemnify, and hold harmless DT and its affiliates and all Service Providers and all of their respective Representatives (collectively, "Indemnitees") from and against (a) any claim, action, or proceeding by any person or entity alleging that a Device, the Portal, the Sites, the Services (including any performance parameter adjustments you make), or the Data, any breach of these Terms or any Services description, or any negligence by any Indemnitee with respect to the Portal, the Sites, the Services, or the Data, caused or contributed to any vehicle accident, personal injury, bodily injury, death, property damage or property loss or to any infringement, violation or misappropriation of any individual’s privacy rights, and (b) all associated penalties, fines, losses, damages, liabilities, costs, obligations, and attorneys’ fees and expenses.
  17. Governing Law; Venue. DT will provide the Services in the United States and Canada only and makes no representation or warranty regarding the laws, rules, or regulations applicable to your accessing the Site or receiving the Services outside the United States or Canada.

    If your vehicle is titled in the United States, these Terms, each Services description, and any dispute, claim or controversy arising out of or relating to any of them or the Portal, the Services, the Sites, or the Data will be governed by, and construed in accordance with, the laws of the State of Oregon, excluding its conflict of laws provisions. Any action or proceeding arising out of or relating to these Terms, any Services description, the Portal, the Services, the Data, or a breach of these Terms or any Services description, regardless of the theory of recovery, must be commenced and heard only in the United States District Court for the District of Oregon or the Oregon state courts. DT and you hereby submit to the jurisdiction and venue of those courts.

    If your vehicle is titled in Canada, these Terms, each Services description, and any dispute, claim or controversy arising out of or relating to any of them or the Portal, the Services, the Sites, or the Data will be governed by, and construed in accordance with, the laws of the Province of Ontario, excluding its conflict of laws provisions. Any action or proceeding arising out of or relating to these Terms, any Services description, the Portal, the Services, the Data, or a breach of these Terms or any Services description, regardless of the theory of recovery, must be commenced and heard only in the appropriate courts in Toronto, Ontario, Canada. DT and you hereby submit to the jurisdiction and venue of those courts.

  18. For California Customers Only. California Civil Code Section 1798.83 requires certain California businesses to disclose, in response to a customer's written request, (a) a list of the kinds of personal information that the business has disclosed to third parties for direct marketing purposes during the preceding calendar year, and (b) the names and addresses of all of the third parties that received personal information from the business for direct marketing purposes during the preceding calendar year. Businesses must respond to such requests within 30 days, but they are only obligated to respond to one request from a customer in a calendar year.

    If you are a current customer in California, you may request this disclosure by sending an e-mail request to DetroitConnect@Daimler.com listing your name, address, and email address. You must also specifically state the nature of your request by including the following language or language substantially similar to it: "I request that you send me your third-party information sharing disclosures as required by California Civil Code Section 1798.83." Alternatively, you can mail your request to the following address: Daimler Trucks North America LLC, Attn: Director, Telematics, 4555 N. Channel Ave, Portland, Oregon 97217.

  19. For Canadian Customers Only. The file containing customer personal information will be maintained on DT’s servers, or those of its Service Providers, and will be accessible by authorized employees, representatives and agents. Customers in Canada may contact DT’s Compliance Manager as described in Section 18 above to: (i) request access to, or correction of, their personal information; (ii) withdraw their consent to the use of their personal information by DT for marketing purposes; (iii) withdraw their consent to the sharing of their personal information with DT’s affiliates and Suppliers for marketing purposes; or (iv) ask any questions about how DT handles their personal information.
  20. Notices Any notice DT is permitted or required to give you under these Terms or any Services description will be effective if it is sent to a physical or email address DT has on file for you. Any notice you are required or permitted to give DT under these Terms or any Services description will be effective if it is sent by certified mail, return receipt requested, or FedEx to the following address: Daimler Trucks North America LLC Attention: Director, Telematics, 4555 N. Channel Ave, Portland, Oregon 97217, with copy to Daimler Trucks North America LLC, Attention: General Counsel, 4555 N Channel Avenue, Portland, Oregon 97217.
  21. Changes to Services Descriptions. DT may change any Services description from time to time by posting a revised Services description at the Portal. DT may also discontinue some or all of the Services at any time. In order to be aware of any revised Services description or discontinued Services, you should review the Services descriptions and other information at the Portal from time to time.
  22. Changes to these Terms. DT may change these Terms by posting revised Terms at the Portal. In order to be aware of any revised Terms, you should review the Terms at the Portal from time to time. If a change to the Terms materially and adversely affects your rights under the Terms, you may elect to cancel the Services (without being entitled to any refund) if you notify DT in writing within 30 days after DT posts the revised Terms at the Portal. If you do not cancel the Services within that period, you will be deemed to have agreed to the change in these Terms. If you object to any change we make to these Terms, we may elect to cancel your Services (without being required to provide any refund).
  23. Changes to Software and Parameters. From time to time DT may update the software in the Device electronically over wireless networks, and you consent to those updates. Certain Services may allow you to adjust certain performance parameters for one or more vehicles, and you will be solely responsible for all adjustments you make.
  24. Electronic Communications. You consent to receive communications from DT electronically and agree that DT may communicate with you by email, by posting notices on the Portal, or by other electronic means through the Services.
  25. Legal Equivalency. This electronic document and any other electronic documents, policies and guidelines incorporated or referred to herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
  26. General. If you are a corporation or other entity, you represent and warrant that the person agreeing to these Terms on the Portal or who has instructed your dealer representative to agree to these Terms on your behalf during the warranty registration process has the right, power, and authority to do so. You may not assign your rights or delegate your obligations under these Terms or any Services description, by contract, merger, operation or law, or otherwise, without DT’s prior written consent which DT may withhold in its sole discretion, and any such assignment without such consent will be void. DT may assign its rights and delegate its duties under these Terms or any Services description without your consent and without giving you any notice. DT’s affiliates and Service Providers are intended beneficiaries of these Terms. You agree that you will make all passengers, guests and drivers in your vehicle aware of DT’s rights and these Terms. The provisions of these Terms are severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provisions. The terms “including” and “includes” will not be construed to be limiting. These Terms and the applicable Services descriptions are the entire agreement between DT and you relating to the Portal, the Services and 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 Portal, the Services and the Data.
  27. Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.
  28. General Contact Information. For questions relating to the Portal or the Services: Please contact DT by email to DetroitConnect@Daimler.com or by mail to Daimler Trucks North America LLC, Attention: Director of Telematics, 4555 N. Channel Avenue, Portland, OR, USA, 97217.
  29. Survival. Sections 2 and 7 through 29 shall survive the termination of the Services or these Terms for any reason.