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Terms of Use

Last Updated: November 2023 

These terms of use (“Terms”) govern your use of the Trailer Telematics Inc. (“Trailer Telematics,” “we,” “us,” or “our”) website located at www.fleetpulse.com (or any successor sites or URLs) and other websites administered by Trailer Telematics where these Terms are posted (collectively, the “Site”). By accessing, using, or posting anything to the Site, you agree to these Terms and to use the Site in accordance with all applicable laws and regulations. Your use of any services or products offered by Trailer Telematics, including any mobile applications or subscription services (collectively, “Services”), will be subject to the terms and conditions applicable to those Services. If you log into your account for any Services through a link or webpage on the Site, you are separately agreeing to the appliable terms and conditions for those Services, and those terms and conditions will apply, and not these Terms.

We may update these Terms from time to time, and the most recent version of the Terms will be posted on the Site. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through the Site, or updating the date at the top of these Terms. Your continued use of the Site after such changes constitutes your acceptance of these updated Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE. BY AGREEING TO THESE TERMS, EXCEPT FOR (A) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 14, (B) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 14, OR (C) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND TRAILER TELEMATICS WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.

1. Eligibility and Use Restrictions

Users under 18 years of age (or the age of legal majority where the user lives) may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to the Site. If you are a parent or legal guardian and you believe that your child under the age of 18 is using the Site without your consent, please contact us at [email protected].

2. Ownership of Intellectual Property

2.1 Site Content. All content on the Site that is posted or otherwise made available by Trailer Telematics, including any text, graphics, photographs, videos, illustrations, images, and other content and their selection and arrangement, and all related intellectual property rights, are owned by Trailer Telematics or our third-party content providers and are protected under both United States and foreign laws. Except as expressly authorized in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content, in whole or in part, by any means.

2.2 Names, Logos, and Branding. The name Trailer Telematics and those brands listed on the Site, and our logos, product or service names, slogans, and the look and feel of the Site are our trademarks and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Site are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

3. Right to Use the Site

Trailer Telematics grants you a limited, non-exclusive, and revocable right to access and use the Site and its contents for personal purposes in accordance with these Terms and not for any commercial purposes. Subject to your compliance with these Terms, you may download material from the Site that Trailer Telematics makes available for download for your personal use; however, you may not transmit, broadcast, upload to any computer, mobile, or other device, create derivative works of, or make commercial use of the Site or any material provided or obtained through the Site, including the names, photographs, videos, images, and other information used in any User Content (as defined below). Any use of the Site and its contents other than as specifically authorized by these Terms, without our prior written permission, is strictly prohibited and will terminate the rights granted to you under these Terms and violate our intellectual property rights. You acknowledge that we or our third-party content providers retain ownership of any materials posted on or made available through the Site and that you are not acquiring any ownership rights by downloading copyrighted materials.

4. User Content

4.1 Representations and Warranties. You represent and warrant that all information or material that you submit, create, post, store, or share to the Site, including any images, photographs, graphics, or pictures (“User Content”), is owned by you and is true, accurate, and current. When you post or otherwise share User Content on or through the Site, you understand that your User Content and any associated information may be visible to others and is non-confidential and Trailer Telematics has no confidentiality obligation of any kind with respect to such information. By submitting any User Content to or through the Site, you represent and warrant that: (a) you are the copyright owner of such User Content; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any rights of publicity or privacy, intellectual property rights, or other proprietary rights, or cause injury to any person or entity.

4.2 Ownership and License. Except for the license you grant below, as between you and us, you retain all rights in and to your User Content, excluding any portion of the Site included in or associated with your User Content. You grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation of any kind to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.

4.3 No Liability for User Content. You acknowledge and agree that Trailer Telematics does not have now, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or any other intellectual property or confidentiality, privacy and/or publicity interest in and to any User Content submitted by you.

4.4 Reservation of Rights. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.

4.5 Restrictions. You may not create, post, store, or share any User Content that:

  • Is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material or content and to grant the right to use such materials or content as provided in these Terms (this includes a prohibition on submitting a photograph of or including another person without that person’s permission);
  • Contains or depicts any false information or misrepresentation that could result in liability or damage to Trailer Telematics or any third party;
  • Is unlawful, obscene, defamatory, libelous, threatening, pornographic, graphic or gratuitously violent, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate;
  • Impersonates another person, including submitting photographs of another person as your own;
  • Transmits worms, viruses, corrupted data, other malicious codes, or other harmful, disruptive, or destructive files or content;
  • Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent; or
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Site, or may expose us or others to any harm or liability of any type.

4.6 Enforcement. Enforcement of any part of this Section 4 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 4 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms or that objectionable material will be promptly removed after it has been posted.

4.7 Review and Deletion. We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:

  • Delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including for any violations of applicable law or these Terms;
  • Terminate or suspend your access to all or part of the Site, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
  • Take any action with respect to your User Content that is necessary or appropriate, in our sole discretion, to ensure compliance with applicable law and these Terms, or to protect our rights or those of a third party, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
  • As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Site.

5. Prohibited Conduct

5.1 General. You will not use the Site if you are not eligible to use the Site in accordance with these Terms and will not use the Site other than for its intended purpose. Further, you will not, in connection with the Site:

  • Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • Use or attempt to use another user’s account or information without authorization from that user and us;
  • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of the Site, except as expressly permitted by us or our licensors in writing;
  • Modify the Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Site;
  • Use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
  • Reverse engineer any aspect of the Site or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of the Site;
  • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Site;
  • Develop or use any applications or software that interact with the Site without our prior written consent;
  • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
  • Use the Site for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

5.2 Enforcement. Enforcement of this Section 5 is solely at our discretion, and failure to enforce this Section 5 in some instances does not constitute a waiver of our right to enforce it in other instances.

6. Third-Party Sites

The Site may allow you to access and interoperate with third-party websites, software applications, and data services that are not under our control (“Third-Party Sites”). Your access to and use of any Third-Party Sites is governed by the terms and conditions for such offerings provided to you at the time you access such Third-Party Sites, as well as any applicable third-party rules, requirements, or terms, and you hereby agree to adhere to such terms. Trailer Telematics has no obligation to monitor Third-Party Sites, and we may block or disable access to any Third-Party Sites (in whole or part) through the Site at any time. Trailer Telematics makes no representations whatsoever concerning the content of those websites. The fact that we have provided a link to a Third-Party Site is NOT an endorsement, authorization, sponsorship, or affiliation by Trailer Telematics with respect to such Third-Party Site, its owners, or its providers. We provide these links only as a convenience to you. We have not tested any information, software, or products found on these Third-Party Sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

7. Data You Provide

7.1 Provision of Information. You may provide certain information to us in connection with your access or use of the Site, or we may otherwise collect certain information about you when you access or use the Site. You agree to receive emails, and other types of communication from us via the Site using the email address or other contact information you provide in connection with the Site. Further, if you decide, or if at any time you are asked, to register for or complete an application available through any part of the Site, you agree to: (a) provide true, accurate, and complete information about yourself as prompted by the registration or application form; and (b) maintain and promptly update the data to keep it true, accurate, current, and complete.

7.2 Privacy Policy. For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

8. Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, concepts, techniques, original or creative materials, or other information about us or our products or Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, products, or Site, or to improve or develop new products, services, or the Site in our sole discretion. We will exclusively own all improvements to, or new, products or services, based on any Feedback. You understand that we may treat Feedback as nonconfidential.

9. Indemnification

9.1 Obligation. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold Trailer Telematics, its affiliates, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents (collectively, “Trailer Telematics Parties”) harmless from and against any losses, liabilities, claims, demands, damages, and expenses, including reasonable attorneys’ fees and costs (collectively “Claims”), arising out of or related to: (a) your access to or use of the Site; (b) your User Content or Feedback; (c) your violation of these Terms; (d) any violations of these Terms or applicable law that arises from the use of User Content; or (e) your conduct in connection with the Site. Upon our request, you will furnish any documentation, substantiation, or releases necessary to verify your compliance with these Terms.

9.2 Procedures. You will promptly notify Trailer Telematics of any third-party Claims involving a Trailer Telematics Party, cooperate with Trailer Telematics Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). The Trailer Telematics Parties will have control of the defense or settlement, at Trailer Telematics’ sole option, of any third-party Claims.

10. Notices of Intellectual Property Infringement

10.1 Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our “DMCA Policy”).

10.2 Reporting Claims of Copyright Infringement. If you believe that any content on the Site infringes any copyright that you own or control, you may notify our designated agent (your notification, a “DMCA Notice”) as follows:

  • Designated Agent: David Rubin
  • Address: 222 N. LaSalle St., Suite 1000
  • Chicago, IL 60601
  • Telephone Number: 312.984.1443
  • Email Address: [email protected]

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on the Site is infringing, you may be liable to us for certain costs and damages.

11. Disclaimers

11.1 YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, LINKS TO OTHER WEBSITES, OR ANY OTHER MATERIAL INCLUDED IN THE SITE OR THE ACCURACY OR CONTINUED AVAILABILITY OF ANY OF THE FOREGOING.

11.2 WHILE WE PROHIBIT CERTAIN CONDUCT AND CONTENT, YOU UNDERSTAND THAT WE CANNOT BE RESPONSIBLE FOR THE CONTENT DISSEMINATED VIA THE SITE AND YOU NONETHELESS MAY BE EXPOSED TO CERTAIN CONTENT. THEREFORE, YOU USE THE SITE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF THE SITE; AND (C) ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN ADDITION, WE DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE OR ERROR FREE.

12. Limitation of Liability

12.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRAILER TELEMATICS AND THE OTHER TRAILER TELEMATICS PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF TRAILER TELEMATICS OR THE OTHER TRAILER TELEMATICS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 THE TOTAL LIABILITY OF TRAILER TELEMATICS AND THE OTHER TRAILER TELEMATICS PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO US $20.

12.3 TRAILER TELEMATICS DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITE. 12.4 THE LIMITATIONS SET FORTH IN THIS SECTION 12 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF TRAILER TELEMATICS OR THE OTHER TRAILER TELEMATICS PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

13. Release

To the fullest extent permitted by applicable law, you release Trailer Telematics and the other Trailer Telematics Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

14. Dispute Resolution; Binding Arbitration

14.1 Arbitration Agreement. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND TRAILER TELEMATICS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND TRAILER TELEMATICS FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND TRAILER TELEMATICS AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. TRAILER TELEMATICS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

14.2 Opting Out. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

14.3 Claims. For any dispute or claim that you have against Trailer Telematics, that Trailer Telematics has against you, or that you have or Trailer Telematics has arising from or relating to these Terms, our products, or the Site, or any aspect of the relationship between you and Trailer Telematics as relates to these Terms, our products, or the Site, including any privacy or data security claims (collectively, “Claims”, and each a “Claim”), you and Trailer Telematics agree to attempt to first resolve the Claim informally via the following process:

  • If you assert a Claim against Trailer Telematics, you will first contact Trailer Telematics by sending a written notice of your Claim (“Claimant Notice”) to Trailer Telematics by certified mail addressed to 222 N. LaSalle St., Suite 910, Chicago, IL 60601 or by email to [email protected]. The Claimant Notice must: (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Claim; and (c) set forth the specific relief sought.
  • If Trailer Telematics asserts a Claim against you, Trailer Telematics will first contact you by sending a written notice of Trailer Telematics’ Claim (“Trailer Telematics Notice”), and each of a Claimant Notice and Trailer Telematics Notice, (a “Notice”) to you via email to the primary email address associated with your account. The Trailer Telematics Notice must: (a) include the name of an Trailer Telematics contact and the contact’s email address and telephone number; (b) describe the nature and basis of the Claim; and (c) set forth the specific relief sought.
  • If you and Trailer Telematics cannot reach an agreement to resolve the Claim within thirty (30) days after you or Trailer Telematics receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Trailer Telematics first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.

14.4 IP Claims. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or Trailer Telematics, including any disputes in which you or Trailer Telematics seek injunctive or other equitable relief for the alleged unlawful use of your or Trailer Telematics’ intellectual property or other infringement of your or Trailer Telematics’ intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 14.1, will be resolved by a neutral arbitrator through final and binding

arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

14.5 Federal Arbitration Act. These Terms affect interstate commerce, and the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

14.6 American Arbitration Association. All Claims must be submitted to the American Arbitration Association (the “AAA”) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA.

14.7 Rules of Arbitration. The then-current version of the AAA’s Consumer Arbitration Rules, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and Trailer Telematics:

  • YOU AND TRAILER TELEMATICS AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND TRAILER TELEMATICS ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Trailer Telematics or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
  • For any arbitration you initiate, you will pay the consumer filing fee, and Trailer Telematics will pay the remaining AAA fees and costs. For any arbitration initiated by Trailer Telematics, Trailer Telematics will pay all AAA fees and costs.
  • For all arbitrations where the Claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (b) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; and (c) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.
  • If you or Trailer Telematics submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Trailer Telematics agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the
  • subject of discovery in the arbitration. You and Trailer Telematics agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
  • The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
    • The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Trailer Telematics or against you by the same or coordinated counsel or are otherwise coordinated.
    • In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Trailer Telematics understand and agree that when twenty-five (25) or more similar claims are asserted against Trailer Telematics or you by the same or coordinated counsel or are otherwise coordinated, resolution of your or Trailer Telematics’ Claim might be delayed. For such coordinated actions, you and Trailer Telematics also agree to the following coordinated bellwether process. Counsel for claimants and counsel for Trailer Telematics shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
    • This bellwether process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved.
    • The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellwether process from the time the first cases are selected for a bellwether process until the time your or Trailer Telematics’ case is selected for a bellwether process, withdrawn, or otherwise resolved.
    • A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Trailer Telematics or you.

14.8 One Year to File Claims. To the extent permitted by law, any Claim by you or Trailer Telematics relating in any way to these Terms, our products or the Site, or any aspect of the relationship between you and Trailer Telematics as relates to these Terms, our products, or the Site, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and Trailer Telematics will not have the right to assert the Claim.

14.9 Instructions for Opting Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at [email protected] or by certified mail addressed to FleetPulse Legal, 222 N. LaSalle St., Suite 910, Chicago, IL 60601. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.

14.10 Rejection of Changes. You may reject any change we make to Section 14 (except address changes) by personally signing and sending us notice within 30 days of the change via email at [email protected] or by certified mail addressed to FleetPulse Legal, 222 N. LaSalle St., Suite 910, Chicago, IL 60601. If you do, the most recent version of Section 14 before the change you rejected will apply.

14.11 Severability. If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, including because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms, (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14, and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable.

14.12 Residents Outside the United States. Notwithstanding anything to the contrary in the Terms, if you reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section 14 or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

15. Governing Law

Any Claims will be governed by and construed and enforced in accordance with the laws of the State of Illinois, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 14, then the state and federal courts located in Cook County, Illinois, will have exclusive jurisdiction. You and Trailer Telematics waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

16. Severability

If any portion of these Terms other than Section 14 is found to be unenforceable or unlawful for any reason, including because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms, (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms, and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

17. Termination

Notwithstanding any other provision of these Terms, Trailer Telematics may in its discretion, without any notice or liability to you or any other person, change, discontinue, modify, restrict, suspend, or terminate the Site, or any part thereof, including: (a) restricting the time the Site is available; (b) restricting the amount of use permitted; and (c) restricting any user’s right to use or access the Site. Trailer Telematics may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Site without any notice or liability to you or any other person.

18. General Terms

Trailer Telematics’ failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties with respect to the Site and supersede all prior or contemporaneous agreements, representations, statements, understandings, and communications, whether oral, written, or electronic, of the parties. We may modify or update these Terms at our discretion from time to time, and the modified or updated terms will be effective when they are posted to the Site. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise set forth in these Terms, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between you and Trailer Telematics may be conducted electronically. You acknowledge and agree that no partnership is formed between you and Trailer Telematics and neither you nor Trailer Telematics has the power or the authority to obligate or bind the other. The failure of Trailer Telematics to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Trailer Telematics, shall not be deemed a breach of these Terms.