Last Updated: April, 2018
The information that we may collect from or about you, your vehicle(s), and your authorized users, if applicable, broadly falls into the following categories:
• Information provided to us by you and your vehicle dealer and manufacturer
• Information that we collect through use of the Device and/or Services
The information we may collect via the Device and/or Services depends on your consent to participate in the Services. If you choose/chose not to participate in the Services, then we will limit our collection of vehicle diagnostics data to non-personal information only.
Your Notification Obligations
If you sell or otherwise transfer your vehicle, it is your responsibility to delete all information (such as contacts, address look-ups, saved map addresses) from the vehicle’s Device and contact us to transfer or cancel your account. If you do not delete this information, it may remain on the vehicle’s Device and may be accessible to future users of the vehicle.
We Collect Information Provided to Us
• Personal information and information about your vehicle(s)
• Account and profile information
• Payment information
Personal Information; Vehicle Information. You may be required to submit personal or vehicle information to register for a Device and/or Services account and to use certain features of the Services. We will collect any personal and vehicle information from or about you that you choose to submit to us, or that we collect from your vehicle dealer and manufacturer, which may include your name, email address, physical/mailing address, telephone number, payment information, vehicle identification number (VIN), make, model, year, and license plate number. For example, we collect personal and vehicle information when setting up a Services account.
If you provide your mobile or other telephone number to us, you consent to receiving text (SMS and MMS) messages and telephone calls (both in-person and from automated dialing systems) from us at that telephone number.
Account and Profile Information. To create a Services account you will need to submit your name, telephone number, email address and other information. The information you submit when first creating an account will be used to populate a profile within that account.
Payment Information. Payment for the Services must be made by credit or debit card. All credit and debit card information is provided directly to our PCI-compliant third-party payment processor. OCC does not directly access, handle, or store your credit or debit card information, except that OCC may store the last four digits of your credit or debit card number to assist our payment processor with recurring payments. To pay for the Services, you will need to submit your name and your credit or debit card type, number, expiration date, security code, and billing address. Payment by credit or debit card is subject to the approval of the card issuer. We will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. We will maintain a record of the purchases that you make using the Services.
We Collect Information Through Use of the Services
• Data from your vehicle
• Account activity
• Data collected by the servers used to operate the Site
• Location information
Vehicle Data. We collect data from your vehicle, such as mileage; fault codes; oil, fuel, battery, air bag, and seat belt status and history; collision data; data about your use of the vehicle and its features; the GPS location and speed of your vehicle; air bag status; and other vehicle diagnostics data.
Account Activity. In connection with your Services account, we will collect information on how you use your account and the Services. You are solely responsible for maintaining the confidentiality of your Services account(s) and associate usernames and passwords.
Site Data; IP Addresses and Related Data. The servers used to operate and provide the Site may collect data pertaining to you and the equipment, software, and communication methods you use to access the internet and the Site, including internet protocol (“IP”) addresses assigned to the computers and other devices from where you access the internet, your internet service provider (“ISP”), your device ID number, your approximate geographic location, your browser type, the pages you access on the Site, the websites you access before and after visiting the Site, the length of time you spend on the Site, date and time stamps, and clickstream data. OCC may use this information to administer the Site and its servers, to generate statistical information, to monitor and analyze Site traffic and usage patterns, to monitor and prevent fraud, to investigate complaints and violations of our policies, and to improve the Site’s content and the products, services, materials, and other content that we describe or make available through the Services. We may combine this information with other Collected Information (including personal information) and information obtained from third parties for the purposes discussed herein. The suppliers that we use to provide the Site may collect information about your visits to the Site and other websites. Some of this information may be collected using cookies and similar tracking technologies as explained further below under “Cookies.”
Location Information. In addition to the approximate geographic location information collected as discussed above, we may collect more specific location information to enhance the user experience and increase the usefulness of the Services. This includes geographical location information collected by device-based location services (including GPS data). You may choose to allow us to access your location by granting the Services access to your location when prompted or through your device’s location services settings.
How We Use and Share Collected Information
In addition to the uses described above, OCC and its suppliers may use and disclose Collected Information as described below.
• We use Collected Information for the purpose for which it was collected.
• We use Collected Information to communicate with you.
• We use Collected Information for remote tracking and vehicle repossession.
• We share Collected Information with the suppliers that provide us with services in connection with the Services.
• We use Collected Information to market products and services to you.
• We aggregate Collected Information to create anonymous data on Services users.
• We use Collected Information to evaluate and improve the Services.
• We use and share Collected Information in connection with legal proceedings and to protect our rights.
• We share Collected Information if OCC undergoes a change in control.
Please Note: We do not provide access to records of service events (for example, when you request service, an advisor calls in to your vehicle, or when we provide crash, theft, or emergency services). We generally do not release those records (including audio records) unless we receive a subpoena or are otherwise required by applicable law.
Purpose Collected. We will use and share your personal information and other Collected Information for the purpose for which it was collected. For example, to communicate with you in connection with the Services, and to provide you with information and communications that you request. Your location information will be used to add location information to your account, if applicable, and to understand where our users are located. If you contact us for support or assistance in using the Services, we may use Collected Information to determine whether or not your system meets the minimum requirements needed to access and use the Site and otherwise to contact you regarding your request.
Remote Tracking; Vehicle Repossession. Collected Information may be used for purposes of remote tracking and/or vehicle repossession, meaning to determine the location of a vehicle, for example, upon a change in loan status where such vehicle secures collateral for a loan issued by OCC, Navistar, Inc., Navistar Financial Corporation, or any of their business partners, affiliates or subsidiaries, for the purpose of confiscating the vehicle.
Sharing Collected Information with Our Affiliates. We may share Collected Information with our affiliates for purposes of…..
Sharing Collected Information with Other Third Parties. We may share Collected Information with third parties that have products or services that we think may be of interest to you. You may opt out of receiving communications from any such third party pursuant to such third party’s policies. We do not control any third party or their policies.
Aggregate Data. Using Collected Information, we may create aggregated and de-identified data for our use in providing the Services and otherwise. We may use and sell such aggregated and de-identified data, which is compiled from our users, and does not directly identify you, for any purpose we see fit. You acknowledge that OCC will collect telematics information from a number of users and that OCC may release such telematics information to vehicle component or system suppliers without restrictions. In this case, your Collected Information may be identifying. OCC may also release the telematics information to other third parties in a compiled, aggregate, or conclusory form in such a way that you or your individual telematics information will not be individually identified. You acknowledge that OCC may allow your designated dealer(s), resellers or OCC business partners and affiliated businesses access to your Collected Information. We may aggregate personal information and other Collected Information to create anonymous aggregate data on Services users, which describes users as a group but does not reveal the identity of individual users. We may use aggregate data to understand Services users’ needs, to determine Services user demographics and usage patterns, to determine what kinds of products and services we can provide, and to improve and enrich our products, our services, and the Services.
Evaluation and Improvement of the Services. We may use Collected Information: to analyze, develop, and improve the content, materials, products, and services that we make available through the Services; to inform marketing and communication plans and strategies; to evaluate user needs and customize our Site and App’s content, promotional emails, and your experience; and for other legitimate and lawful business purposes.
Security and Protection of Rights. We may use Collected Information and share it with third parties to the extent permitted by applicable law, including in the event of a subpoena, court order, or law enforcement request. OCC will use Collected Information and share it with third parties if we believe doing so is necessary to operate the Services or to protect our rights or the rights of others, including disclosing information necessary to identify, contact, or bring legal action in the event of a violation of our contracts, terms, or policies.
Third-Party Websites, Products, and Services
We keep Collected Information for as long as necessary to provide the Services and our other products and services, operate our business, and comply with legal obligations.
Access by Children
The Services are not directed at users under 13 years of age. OCC does not knowingly collect or use information from children under 13 through the Services.
Access from Outside the United States
If you are accessing the Site or App from outside the United States, please be aware that Collected Information may be transferred to, stored in, and processed in the United States (where our and our suppliers’ servers and databases are located and operated). The data protection and related laws and regulations of the United States might not be as comprehensive as those in the country from which you access the Services.
How to Access Your Personal Information
To access or update your personal information as it exists in our records, please visit the Services account you have created, if applicable, or contact us at oncommandconnection@Navistar.com.
OnCommand® Connection (OCC) Terms of Service
Last Updated: May, 2018
Please read these Terms of Service (the “Terms”) carefully because they govern your use of the OnCommand® Connection Advanced Remote Diagnostics Services (“Services”) as defined below, and as provided by OCC Technologies, LLC (“OCC”). By using our Services, you and your business agree to be bound by these Terms.
1. Agreement to Terms
1.2. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE SERVICES.
1.3. PLEASE BE AWARE OF THE AGREEMENT TO ARBITRATE LOCATED IN SECTION 13 OF THESE TERMS, AS IT REQUIRES ARBITRATION TO RESOLVE DISPUTES, IN MOST CASES, ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS AND CLASS ACTIONS.
2. Changes and Modifications to These Terms. We may modify these Terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Site or App or otherwise through email notifications to the email address associated with your Account. It’s important that you review the modified Terms because if you continue to use the Services after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services.
3. Description of Service
3.1. The “Service(s)” means OnCommand® Connection Services consisting of the OnCommand® Connection Communication Module installed in Navistar® vehicles (“Device”) and the embedded software in such Device together with the web portal (“Site”) and mobile app (“App”) you can use to access your Services Account, including any modifications and updates that may be made available from time to time by OCC. The Site is available at oncommandconnection.com or any successor website. The Services do not include Your Data (as defined below).
3.2. OCC may make modifications and updates to the Services at any time, including wirelessly pushing software updates to the Device and modifying the features and functionality of the Services or the Site or App through which the Services are accessed. You understand that you may not be able to get software updates pushed to your Device if you are out of range of wi-fi communication.
4.1. The Device connects to the battery of your vehicle and consumes a small drain on your vehicle’s battery, which may adversely affect your vehicle while not in operation. OCC is not liable for any consequences of the battery drain associated with use of the Device or the Services.
4.2. USE OF THE SERVICES, SITE OR APP IS PROHIBITED WHILE DRIVING. ONLY USE AND ACCESS THE SERVICES WHILE PARKED.
4.3. ALTHOUGH THE SERVICES ALLOW YOU ACCESS TO CERTAIN DATA REGARDING THE OPERATION AND STATUS OF YOUR VEHICLE, THE SERVICES DO NOT AND CANNOT GUARANTEE ANY AND ALL SERVICE EVENTS, MALFUNCTIONS OR ERRORS WILL BE FOUND, PREVENTED OR PREVENTABLE. OCC MAKES NO WARRANTIES OR GUARANTEES THAT THE SERVICES WILL CAPTURE ALL RELEVANT DATA AND INFORMATION OR THAT THE SERVICES WILL RESULT IN REDUCED DOWNTIME OR ANY PARTICULAR OUTCOMES.
4.4. OCC DOES NOT WARRANT OR GAURANTEE THAT THE MAINTENANCE OF ANY DRIVING LOGS THAT MAY BE MADE AVAILABLE THROUGH THE SERVICES ARE OR WILL REMAIN SUFFICIENT FOR COMPLIANCE WITH ANY STATE OR FEDERAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION HOURS OF SERVICES OF DRIVERS IN VEHICLES ENROLLED IN THE SERVICES.
5. Who May Use the Services; Accounts
5.1. In order to access and use the Services, you’ll have to create an account (“Account”). You may set up your Account via the Site or the App. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
5.2. You may not share your Account information with, or allow access to your Account by, any third party. You are solely responsible for all activity that occurs under your access credentials, whether or not a third party accesses your Account.
5.3. Notwithstanding Section 5.2, you may allow other certain authorized individuals (e.g. employees, independent contractors, fleets, and other third parties) (collectively, “End Users”) to access the Services in accordance with these Terms.
5.4. You may specify certain End Users as “Administrators”. Administrators may have the ability to access, disclose, restrict or remove Your Data in or from Services Accounts. Administrators may also have the ability to monitor, restrict, or terminate access to Services Accounts. OCC’s responsibilities do not extend to the internal management or administration of the Services, and you are responsible for all Administrators’ activities.
5.5. You are responsible for (i) maintaining the confidentiality of usernames and passwords, (ii) managing access to your Account, and (iii) ensuring that all End Users and Administrators are in compliance with these Terms.
5.6. To the extent that you allow End Users to use the Device, you are solely responsible for such End Users’ use of the Device, including any damage to or misuse of such Device.
5.7. You agree to prevent any unauthorized access or use by End Users or other Users of Accounts and terminate any unauthorized use of or access to the Services.
6. Your Data
6.1. “Your Data” means any data and content you create, post, upload, transmit or otherwise make available via the Services, including without limitation data collected from or about your vehicle, logs you create, location coordinates, messages you send, documents you upload, profile information and anything else you enter or upload into the Service.
6.3. You authorize us to provide or sell all, or any part of, Your Data to third parties for any use, and for them to provide or sell it to subsequent third parties for any use.
6.4. You represent and warrant that you own all Your Data or you have all rights that are necessary to grant us the license rights in Your Data under these Terms. You also represent and warrant that neither Your Data, nor your use and provision of Your Data, nor any use of Your Data by OCC on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible for the accuracy, appropriateness, or legality of Your Data or any other information you and your End Users may be able to access using the Services. Should you be in violation of these Terms, we have the right to remove any of Your Data causing such violation.
7. Your Access and Use of the Services
7.1. You may access and use the Services only for lawful, authorized purposes and you shall not misuse the Services Device in any manner (as determined by OCC in its sole discretion). You shall comply with any codes of conduct, policies, storage limitations, or other notices OCC provides you or publishes in connection with the Services from time to time.
7.2. The Services include software and content that may be made available by or on behalf of OCC in connection with the Service, which is proprietary to OCC or its licensors and is protected by applicable intellectual property and other laws. Subject to these Terms, OCC only grants you a personal, non-sublicensable, non-exclusive and revocable license to use the Services and any software and content that OCC may make available, solely as part of the Services. Any rights not expressly granted herein are reserved. All rights, title and interest in and to the Services and its components (including all intellectual property rights) will remain with and belong exclusively to OCC or its licensors, including the rights to any text, graphics, images, software, de-identified and aggregated data collected by the Services, and information or other materials that are posted, generated, provided or otherwise made available by us through the Services.
7.3. Subject to your compliance with these Terms, OCC grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App. OCC reserves all rights in and to the App not expressly granted to you under these Terms as set forth in the End User License Agreement for the App.
7.4. While you retain ownership in all rights to your feedback and suggestions, you agree that by submitting suggestions or other feedback regarding our Services or OCC, OCC may use such feedback for any purpose without compensation or attribution to you.
7.5. You may not sell, resell or lease the Services unless you have entered into a separate written agreement with OCC to do so.
8. Term and Termination
8.1. These Terms will continue in full force and effect unless and until terminated as described herein. Any fees paid are non-refundable.
8.2 These Terms and your access to the Services for your enrolled vehicles will continue for the initial term indicated on your enrollment form (“Initial Term”) and any subsequent terms or renews. We will provide you with an electronic communication, either to the email designated within your Account and/or via notification within the Services prior to the end of your Initial Term offering renewals for additional subsequent terms. Your access to the Services will terminate on expiration of your Initial Term unless you expressly enroll for a Renewal Term. Any Renewal is at our option and our then-current fees as set forth in your renewal notice. Note that the Device may continue to send us some or all of Your Data even after expiration and/or non-renewal of the Services unless and until such time that you specifically request termination of this feature.
8.3. You may terminate these Terms at any time by cancelling your Account. You can cancel your Account by providing notice to us at oncommandconnection@.com.
8.4. We may terminate your Account and access to and use of the Services, at our sole discretion, at any time and without notice to you in the event that we cease provision of the Services generally or in the event we have reason to believe you or any of your End Users violates these Terms. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of the Terms that should, by their nature, survive termination of this Terms will survive termination. Such provisions include, but are not limited to: Your Data, your Privacy, your Ownership of Your Data, and Licenses and Rights for Our Use of Your Data; Disclaimers; Indemnity; Limitation of Liability; Arbitration Agreement, Dispute Resolution and Release; General Terms; and provisions related to ownership and payment.
8.5. Please be aware that once your Account has been terminated, we no longer have any obligation to maintain or provide Your Data, and we may or may not delete or destroy all copies of Your Data in our possession or control, unless legally prohibited.
9. Limitations on Services and Third-Party Relationships. OCC is not a party to any relationships or agreements between you and any third parties for the performance of any duties between the parties, and does not have control over and disclaims all liability for the quality, timing, legality, failure to provide, or any other aspect whatsoever of any professional duties performed by you or other End Users of the Services. OCC acts only as an interface to facilitate -- not to direct or control -- communications between End Users of OCC’s Services.
10. Warnings and Awareness About Connections Between Drivers and Companies
10.1. The Services enable a commercial motor vehicle driver (“End User”) to connect directly with a motor carrier (“Company”), which may allow End Users to send messages and automatically share their driving logs, documents, location information (including remote tracking of a vehicle) and other data (“End User Data”) with the Company. When End Users connect with a Company through the Services, the Company’s employees and other third parties who are also connected to that Company may access Driver Data for all End Users who are connected to that same Company.
10.2. If a Company designates an End User, the Company agrees to inform the End User that the End User’s End User Data may be automatically shared with that Company and other End Users of that Company, and that Company and its other End Users may be able to send messages to that End User. Please consider carefully the parties with whom you choose to connect and what you choose to share. OCC’s role in this process is solely to provide the technology and platform that enables these Services.
11. Terms Related to the Device; Limited Device Warranty
11.1. Material Defects. If we determine that there is a material defect in the Device, we may elect to send you a replacement Device or repair such material defect in the Device (either or both in our sole discretion). Within thirty (30) days of receipt of any replacement Device sent to you, you must, at your own expense, uninstall, package and return the defective Device to OCC. You agree that this is your only remedy for a defect in the Device.
11.3. Customer Service. In the event the Device does not operate correctly, please contact us by emailing us at oncommandconnection@Navistar.com or by calling us at 1-888-661-6272 (menu option 3).
11.4. The license to the Device and the Services may be canceled immediately by OCC in the event of (a) any alteration, modification or special configuration or installation or deinstallation of the Device, the embedded software without following OCC’s written instructions; (b) accidents affecting the Device or its embedded Software, misuse, tampering with, abuse, neglect or damage to the Device or embedded software; (c) use of the Services not in the ordinary course of your business operations; (d) connecting the Device to an improper voltage supply; (e) water, weather or physical damage; or (f) use of the Device with accessories and/or devices which are not approved in writing by OCC.
12. Acceptable Use Policy. Use of the Services must comply with this Acceptable Use Policy section as it may be updated from time to time. We may suspend or terminate your access to the Services in the event we have reason to believe you or any of your End Users has violated the Acceptable Use Policy. Although we’re not obligated to monitor access to or use of the Services or to review or edit any of Services or Your Data, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content or Your Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of the content or Your Data to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Companies or End Users who violate the law.
You agree not to do any of the following.
a. Post, upload, publish, submit or transmit anything that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
b. Use, display, mirror or frame the Services, or any individual element within the Services, OCC’s name, any OCC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OCC’s express written consent;
c. Access, tamper with, or use non-public areas of the Services, OCC’s computer systems, or the technical delivery systems of OCC’s providers;
d. Attempt to probe, scan, or test the vulnerability of any OCC system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by OCC or any of OCC’s providers or any other third party (including another User) to protect the Services;
f. Attempt to access or search the Services or download any Software or Our Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by OCC or other generally available third party web browsers;
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h. Use any meta tags or other hidden text or metadata utilizing a OCC trademark, logo, URL or product name without OCC’s express written consent;
i. Use the Services for the benefit of any third party or in any manner not permitted by these Terms;
j. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or the Hardware;
k. Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
l. Collect or store any personally identifiable information from the Services from other Users of the Services without their express permission;
m. Impersonate or misrepresent your affiliation with any person or entity;
n. Violate any applicable law or regulation; or
o. Encourage or enable any other individual to do any of the foregoing.
13. Arbitration Agreement, Dispute Resolution and Releases
PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS AND YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
13.1. Unless otherwise agreed to by both parties in writing, you and OCC agree that, in order to expedite and control the cost of any disputes, any legal or equitable claim arising out of or relating in any way to your use of the Services, or any use of the Services by an End User to whom you provide access to your Account, or arising out of or relating to these Terms (“Claim”) will be resolved as follows:
13.2. Informal Dispute Resolution. Except with respect to Claims listed in Section 13.6, below, you and OCC agree to attempt to resolve any disputes informally before initiating any arbitration or other formal proceedings, and neither of us may start an arbitration or other formal proceeding for at least sixty (60) days after you contact us or we contact you regarding any dispute (“Informal Negotiation Period”).
13.3. Agreement to Arbitrate. If such dispute is not resolved within sixty (60) days, you or OCC may initiate a formal arbitration proceeding in accordance with the terms in this Section 13. Except with respect to Claims listed in Section 13.6, below, you and OCC agree to resolve any Claims relating to or arising from the Services or these Terms through final and binding arbitration in accordance with the terms in this Section 13.
13.4. Arbitration Notice. If either you or OCC chooses to start an arbitration proceeding, the party initiating the proceeding will send a notice of its Claim (“Arbitration Notice”) to the other party. You will send your Arbitration Notice by email to email@example.com and by U.S. mail to:
OCC Technologies, LLC
2701 Navistar Drive,
Lisle, IL 60532
13.5. Arbitration Procedures. Any arbitration proceedings between you and us will be conducted under the commercial rules then in effect for the American Arbitration Association (“AAA”), except with respect to the provision of this agreement which bars class actions in Section 13.8 and any specific rules and procedures explicitly discussed in this Section 13.5. The award rendered by the arbitrator(s) shall include costs of arbitration, reasonable costs of expert and other witness and reasonable attorneys’ fees. Please contact the AAA at 1-800-778-7879 for the AAA’s current rules and procedures.
13.6. Non-Appearance-Based Arbitration Option. Except with respect to the exceptions to arbitration below in Section 13.7, for Claims where the total amount of the award sought in arbitration is less than $10,000, the parties may mutually choose non-appearance-based arbitration. If non-appearance-based arbitration is mutually elected, the arbitration will be conducted online, by telephone, and/or solely based on written submissions to the arbitrator in a manner selected by OCC. Non-appearance-based arbitration involves no personal appearances by parties or witnesses unless otherwise mutually agreed to by the parties.
13.7. Exceptions to the Agreement to Arbitrate.
13.7.1. Notwithstanding the foregoing, the Arbitration Notice requirement and the Informal Negotiation Period do not apply to either law suits solely for injunctive relief to stop unauthorized use of the Services or lawsuits concerning copyrights, trademarks, moral rights, patents, trade secrets, claims of piracy or unauthorized use of the Services.
13.7.2. Either you or OCC may assert claims which qualify for small claims court in Chicago, IL.
13.8. Opting Out of the Agreement to Arbitrate. You have the right to opt-out and not be bound by the binding agreement to arbitrate provided in these Terms by sending written notice of your decision to opt-out to firstname.lastname@example.org AND by U.S. Mail to OCC Technologies LLC, 2701 Navistar Drive, Lisle, IL, 60532. In order for your opting out to be valid, your notice must be sent within thirty (30) days of first using the Services.
13.9. No Class Actions. Unless you and OCC agree otherwise, you may only resolve disputes with us on an individual basis. Class actions, class arbitrations, private attorney general actions and consolidations with other Claims are not allowed. Neither you nor OCC may consolidate a Claim or Claims as a plaintiff or a class member in a class action, a consolidated action or a representative action.
13.10. Consent to Jurisdiction. If the agreement to arbitrate provided for in these Terms is found not to apply to you or your Claim, or if you or OCC challenges any arbitration award or seeks to have an arbitration award enforced, you and OCC agree that any judicial proceeding will be brought in the federal or state courts located in Chicago, Illinois. You and OCC consent and agree to both venue and personal jurisdiction in the federal and state courts located in Chicago, IL.
13.11. Release from Third-Party Claims. Because OCC is not party to any agreements between you and any third parties or involved in the completion of any associated professional services, in the event that you have a dispute with one or more other Drivers, End Users or Companies or other third parties, as applicable (each, an “Other Party”), you agree to address such dispute directly with the Other Party in question and you release OCC (and our officers, directors, agents, investors, subsidiaries, and employees from any and all claims, demands, or damages (actual or consequential)) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
14. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
15.1. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OCC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY DRIVER, END USER, COMPANY OR OTHER THIRD PARTY. We make no warranty that the software or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services, Software or anything shared by any End Users of the Services or Software.
16. Limitation of Liability
16.1. NEITHER OCC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, DEVICE, SITE, APP, SOFTWARE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY PERSONAL INJURY, EQUIPMENT DAMAGE, LOSS OF USE, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OCC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16.2. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, OCC DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY SERVICES PERFORMED BY USERS OF OUR SERVICES IN CONNECTION WITH THEIR USE OF THE SERVICES. OCC WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES ARISING OUT OF THE MISUSE OF YOUR USER CONTENT BY THIRD PARTIES INCLUDING, WITHOUT LIMITATION, OTHER USERS WITH WHOM YOU HAVE CONNECTED THROUGH THE SERVICES OR ENTERED INTO AN AGREEMENT IN CONNECTION WITH THE PERFORMANCE OF PROFESSIONAL SERVICES. IN NO EVENT WILL OCC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE FEES RECEIVED BY OCC FROM YOU, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OCC AND YOU.
16.3. Any cause of action related to the Services or the Terms must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is barred permanently.
18. General Terms
18.1. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without OCC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OCC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. You have sole responsibility for notifying any subsequent purchasers of your vehicles of the Software and Device contained in the vehicle and upon any such sale must promptly contact OCC to terminate your Account with respect to such vehicle and notify us of the transfer of title.
18.2. Governing Law. The Terms and the relationship between you and OCC shall be governed by the laws of the State of Illinois, without regards to its conflict of laws principles.
18.3. Notices. Any notices or other communications provided by OCC under these Terms, including those regarding modifications to these Terms, will be given by OCC: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
18.4. Waiver and Severability. OCC’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of OCC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any of these Terms are unenforceable, it will not affect the enforceability of the rest of the Terms.
18.5 EXPORT CONTROL. These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.
19. Contact Information
If you have any questions about these Terms or the Services please contact us at oncommandconnection@Navistar.com or at 2701 Navistar Drive, Lisle, IL, 60532.
OCC Technologies, LLC, a wholly owned subsidiary of Navistar, Inc. (“Navistar”), and its affiliates and subsidiaries (collectively, “OCC”) appreciates your interest in our products and services. Your privacy is important to us, and we want you to feel comfortable viewing our website and providing information to us. We may change or add to this privacy statement, so we encourage you to review it periodically.
Any personal information you may choose to share with us may be used for marketing research or other marketing and service-related purposes, such as updates and customer satisfaction. This information will not be disclosed to anyone outside of our company, or its parent company (including its respective subsidiaries and affiliates), subsidiaries, affiliates, authorized resellers, business partners, component manufacturers or licensed dealers, unless required by law. We do not exchange or sell your personal information to any other company.
Site Traffic Monitoring
We collect anonymous information about every visit to our website by tracking Internet Protocol (IP) addresses. IP addresses are not linked to any personal information associated with the individual visitor. The information is used to improve our website and make your access to our website convenient and efficient.
Like many other websites, the OCC website uses "cookies" to allow us to better serve your interests. "Cookies" are small files placed on your hard drive that assist us in site traffic monitoring. We do not link cookies to any personally identifiable information.
By providing information to us, you consent to our use of information provided as outlined in this online Privacy Statement. When a visitor registers on our website, he or she may choose to opt-out of any direct communication. A registrant may also choose to opt-out of direct communications at a later date.
Our company uses e-mail links throughout its website so that you can contact us with your questions or concerns. We will read every message and try to respond promptly. We may save your e-mail comments to improve our website and programs.
© 2018 OCC Technologies, LLC. All rights reserved. All marks are trademarks of their respective owners. The text, images, graphics, sound files, animation files, video files and their arrangement on the OCC website and paper forms are all subject to copyright and other intellectual property protection. Material displayed on our forms and website may be downloaded for non-commercial, personal use only, provided that all copyright and other proprietary notices contained in the materials are not removed. The contents of our site may not be distributed, modified, transmitted, reused or reported for commercial purposes without the express written permission of OCC. The website may also contain images that are subject to the copyright rights of our providers.
Unless otherwise indicated, all marks displayed on the OCC website and are subject to the trademark rights of OCC, including, without limitation, corporate logos and emblems. Nothing contained on the OCC website should be construed as granting any license or right to use any mark or other intellectual property of OCC or of any other party displayed on the website. The unauthorized use of any mark or other content displayed on any OCC form or website is strictly prohibited.
NO WARRANTIES OR REPRESENTATIONS
THE INFORMATION PROVIDED BY OCC ON ITS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHILE THE INFORMATION PROVIDED IS BELIEVED TO BE ACCURATE, IT MAY INCLUDE ERRORS OR INACCURACIES.
OCC uses reasonable efforts to ensure that the information on our website is accurate and up-to-date. However, the information may contain factual or typographical errors, and OCC makes no warranties or representations as to the accuracy of the information. OCC may change the information on its website at any time without prior notification or obligation.
The OCC website may contain links to other sites. OCC has not reviewed all of the sites linked to our website. The links are provided for your convenience. OCC is not responsible for the contents, links or privacy on any of the linked websites. Some of the linked site may be to other OCC-owned sites or Navistar-owned sites. Please note that each site is governed by its own Privacy Statement as each site gathers and uses information for different reasons.
DISCLOSURE in compliance with California Transparency in Supply Chains Act of 2010:
Navistar, Inc., provides the following disclosure on behalf of it and its subsidiaries and third-party designees (collectively "Navistar").
Navistar is in the process of creating a process for verification of its product supply chains to evaluate and address the risks of human trafficking and slavery. It is expected this process will be risk-based. It has not yet been determined whether such verification will be performed by an independent third party.
Navistar is in the process of establishing an audit program to evaluate supplier compliance with company standards regarding human trafficking and slavery. It is expected this process will also be risk-based. It has not yet been determined whether such audits will be accomplished via an independent unannounced audit.
Navistar now requires its direct suppliers to certify that materials incorporated into our products comply with laws regarding slavery and human trafficking.
Navistar has amended its internal policies to create accountability standards and procedures for employees and contractors who fail to meet company standards regarding slavery and trafficking.
Navistar will train employees and management with direct responsibility for supply chain management regarding human trafficking and slavery issues at regular intervals beginning in 2012.
Navistar has amended its standard terms and conditions to specifically prohibit its suppliers from engaging in any type of human trafficking and slavery.