Daimler Trucks North America LLC or Daimler Trucks Canada Ltd., as the case may be ("Daimler") 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"). Daimler has described the Services it currently provides in Services descriptions in the internet web sites located at www.DemandDetroit.com, www.DetroitConnect.com, and www.FreightlinerTrucks.com (collectively, the "Site"). Daimler may offer additional Services in the future, and these Terms will apply to those additional Services. Daimler may change the web site addresses of the Site from time to time. 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 SITE, THE SERVICES, AND DAIMLER’S OBLIGATIONS. YOU MUST AGREE TO THESE TERMS TO BE ENTITLED TO RECEIVE THE SERVICES. IF YOU ARE RENEWING YOUR AGREEMENT WITH DAIMLER, YOU MUST AGREE TO THESE TERMS TO CONTINUE RECEIVING THE SERVICES AFTER YOUR CURRENT SUBSCRIPTION EXPIRES. IF YOU AGREE TO THESE TERMS, CLICK THE "I AGREE" BUTTON BELOW. 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 BELOW. ADDITIONALLY, YOUR REGISTERING FOR THE SERVICES, A DEALER’S REGISTERING YOU FOR THE SERVICES AT YOUR REQUEST OR WITH YOUR PERMISSION, YOUR RECEIVING THE SERVICES OR YOUR RENEWING THE SERVICES WILL CONSTITUTE YOUR AGREEMENT TO THESE TERMS.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DAIMLER 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 SITE, THE SERVICES, THE DATA, ERRORS IN THE DATA OR OTHER INFORMATION YOU RECEIVE THROUGH THE SITE OR THE SERVICES, OR YOUR USE OF THE SITE, THE SERVICES, OR THE DATA, REGARDLESS OF THE THEORY OF RECOVERY, EVEN IF DAIMLER OR AN AFFILIATE OR ANY SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Neither Daimler 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 Daimler or a Service Provider provides as part of the Services or any related reconstruction or other expenses; (b) Daimler’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 Daimler 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 Daimler 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 Daimler for the Services in the 12 months immediately preceding the event giving rise to the claim against Daimler, 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 Site, 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 Site, the Services, 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 bargain with Daimler 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 DAIMLER, ITS AFFILIATES OR ANY SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES IN ADVANCE.
Governing Law; Venue. Daimler 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 Site, the Services, 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 Site, 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. Daimler 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 Site, the Services, 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 Site, 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. Daimler and you hereby submit to the jurisdiction and venue of those courts.
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 Daimlerna_privacyofcr.firstname.lastname@example.org 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: David Kayes Compliance and Regulatory Affairs