Telematics Integration Terms and Conditions
These Telematics Integration Terms and Conditions (“Terms”) apply to the telematics integration solution (“Telematics Integration”) provided by Penske Truck Leasing Co., L.P. (the “Penske”).
- Telematics Integrations. Penske offers several telematics integrations including, but not limited to, our data platform integration, IFTA integration, eDVIR integration. These Terms will apply to any new telematics integrations offered by Penske. For the data platform integration, Penske uses the data from telematics systems to expedite roadside assistance, location tracking, enhance preventive maintenance schedules and streamline operational efficiencies. We also offer integrations that will help you to automate and provide accurate data for fuel tax reporting. Finally, the eDVIR integration can help you streamline the request for repair of defects found during driver vehicle inspections. Collectively, these are all referred to as the Telematics Integration.
- Telematics Integration Services. The Telematics Integration solution allows telematics providers to send your fleet information (“Information”) to Penske. Information includes, but is not limited to, information regarding the use and operation of the vehicle, diagnostic information, odometer information, fuel usage and the location of the vehicle. For the eDVIR integration, additional information is shared between Penske and your telematics system regarding unit inspection, repairs and work performed by Penske.
- Use and Disclosure of Information.
A. Use of Information. Penske uses the Information to better maintain your vehicle(s), better service your Penske account(s), and to provide you with tools and services that assist you with managing your vehicle(s). This includes, without limitation, using the Information to provide remote diagnostics, proactive diagnostic alerts, create an optimal maintenance schedule, optimize administrative processes and analyze trends and reporting. You agree that Penske may use the Information in furtherance of any rental or lease agreement you have with Penske, to locate or recover a vehicle that is lost, stolen, or in need of service, or for any other lawful purpose. Penske may anonymize and/or aggregate the Information for use internally and externally. In particular, you acknowledge and agree that Penske may use and combine the Information included in aggregated and/or anonymized form, for any purpose, including for providing and offering additional services to you, supporting and supplementing other Penske services and systems, including preparing and providing anonymized fleet analytics and driving data to customers and third parties, or for any purpose allowed by law. Penske shall use the same degree of care in handling the Information that it uses to protect its own information.
B. Disclosure of Information. The Information is only accessible by Penske, its associates, agents, and contractors, and third parties that need access to such Information in order for Penske to provide services to you.
C. Personal Information. The Information extracted from the vehicle(s) does not contain any personal information. In the event any of the Information is provided to you as part of the Telematics Integration Solution and you use the Information in a manner which connects the information to an individual, you will not share such information with Penske. You are solely responsible to ensure that all drivers and occupants of the vehicle(s) understand the collection, use, and disclosure of the Information, including that the vehicle’s location can be tracked. In the event that personal information associated with the Information will be shared, you and Penske will enter into a separate agreement addressing such collection, use, and disclosure of personal information.
D. Reliance on Information. Penske does not have any obligation to act on the Information. Your use and reliance on the Information and Telematics Integration solution is at your sole risk. In no event shall Penske be liable for: (i) failing to detect trends or signs of trouble based on having the Information, or (ii) any claim attributable to errors, omissions, inaccuracies or otherwise in connection with the Information.
E. Termination of Integration. It is your responsibility to terminate the telematics integration when you remove a vehicle from your fleet. You must remove the applicable device and terminate the transfer of Information to Penske.
- Carrier/Telematics Provider Charges.You understand and acknowledge that your telematics provider may charge you for sending your Information to Penske, and that you are responsible for any such fees.
- Proprietary Rights.The Telematics Integration is owned by Penske, its affiliates, agents and/or licensors, and is protected by United States and international copyright and intellectual property laws and regulations. All content, trademarks, service marks, trade names, logos, and icons are proprietary to Penske, its affiliates, agents and/or licensors. Nothing contained in the Telematics Integration should be construed as granting any license or right to use any trademark displayed without the written permission of Penske. Your use of the trademarks displayed in the Telematics Integration, or any other content you access through the Telematics Integration, except as provided herein, is strictly prohibited.
- Disclaimer of Warranties/Limitation of Liability.
A. Disclaimer of Warranties. YOUR USE OF THE TELEMATICS INTEGRATION IS ENTIRELY AT YOUR SOLE RISK. THE TELEMATICS INTEGRATION IS PROVIDED BY THE COMPANY ON AN “AS IS” BASIS. PENSKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PENSKE MAKES NO WARRANTY THAT (i) THE TELEMATICS INTEGRATION WILL MEET YOUR REQUIREMENTS, (ii) THE TELEMATICS INTEGRATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT, DATA, OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TELEMATICS INTEGRATION WILL BE ACCURATE OR RELIABLE.
B. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PENSKE AND ITS AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PENSKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE TELEMATICS INTEGRATION OR ANY OTHER MATTER RELATING TO THE TELEMATICS INTEGRATION.
C. Exclusions Permitted by Law. Some jurisdictions do not allow the exclusion of or limitation on certain warranties or conditions, or the limitations on the applicable statutory rights of a consumer, or the limitations on or exclusion of liability for certain loss or damage. Accordingly, only the above limitations under "Disclaimer of Warranties" and "Limitation of Liability" which are lawful in your jurisdiction will apply to you and Penske’s and its affiliates' liability will be limited to the maximum extent permitted by law.
- Indemnification. You agree to indemnify, defend and hold Penske and its affiliates and their directors, officers, employees, agents, representatives and licensors harmless from any claim, demand, loss, costs, or expense, including reasonable attorneys’ fees and costs of investigation, made by any person arising out of your violation of these Terms, applicable laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Penske or its affiliates or their directors, officers, employees, agents, representatives or licensors be liable for any damages of any kind that result from the use of, or the inability to use, the Telematics Integration.
- Governing Law.These Terms are governed by the law of the Commonwealth of Pennsylvania, without regard to conflicts of law principles thereof. Such law shall apply regardless of whether you reside or transact business with Penske or any of its affiliates or agents in the Commonwealth of Pennsylvania or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the Commonwealth of Pennsylvania.
- Miscellaneous.This Agreement constitutes the entire agreement between you and Penske regarding your use of the Telematics Integration, and governs your use of the Telematics Integration, superseding any prior agreements between you and Penske regarding the Telematics Integration. If any provision of this Agreement shall be held invalid under law, void or unenforceable, such provision will be deemed severable and shall not affect any other provision(s) hereof which are otherwise valid. The failure of Penske to enforce any provision in these Terms shall not constitute a waiver of such provision or any other provision. Penske may make changes to these Terms from time to time by posting a copy of the updated Terms at https://www.pensketruckleasing.com/digital-experie.... Changes to these Terms will be applicable to any use of the Telematics Integration after the effective date of the changes. If you do not agree with any changes to the Terms, your sole remedy is not to use the Telematics Integration after the effective date of the changes.