Listed below are links to the applicable terms and conditions related to your purchase of the Rand McNally HD 100 electronic logging device. Please also refer to the left sidebar for more related Terms.
By subscription to the Service Plan and/ or use of the HD100, Customer agrees to comply with each of the terms listed below:
II. Service Plan
|Name||Features||Cost for 6 Months|
Rand McNally HD 100
Electronic Driver Logs (HOS compliance) and Vehicle Inspection Reporting via the Rand McNally Connect web portal
Service Plan cost for initial 6-month service term
To renew the Service Plan after the initial 6 months of service,
*1Mb per device monthly data plan included; overages are $3.00 per Mb.
Subject to applicable law, Rand McNally reserves the right to change, rearrange, add, delete or otherwise modify the features of the Service Plan (as outlined above) at any time, with or without prior notice to Customer, including any feature, products and services that Rand McNally offers as part of the Services. Availability and pricing are subject to change. Prices are all USD. Applicable taxes not included. Customer must be eighteen (18) years of age or older to subscribe to the Service Plan.
III. Term of Service Plan; Renewal; Termination; Effect of Termination
a. Term of Service Plan. Use of the HD100 (“the Device”) requires a service plan as described above (“the Service Plan”). The Service Plan Term shall become effective upon Customer’s activation of the Device through the Rand McNally Dock software and shall continue for a six (6) month period (the “Initial Term”). The standard costs, not including overages, of the Initial Term are included in the original purchase price of the Device. Within fourteen (14) days after commencing the Initial Term (“Grace Period”), Customer shall be entitled to cancel the Service Plan without penalty. Any Devices returned to any retailer shall be subject to the return policy of the retailer.
b. Renewal of Service Plan. At the expiration of the Initial Term or a Renewal Term, to continue the Service, Customer must subscribe to a Service Plan for a period of six (6) months (“Renewal Term”) subject to the then existing Service Plan Terms, features and pricing, or Service will be immediately suspended. In the event of a non-renewal of the Service Plan, Customer’s access to Rand McNally Connect web portal and Customer’s ability to log onto the Device shall be suspended. Customer shall be responsible for downloading any of its data from the portal or Device prior to the expiration or termination of the Service Term.
c. Termination. The Service may be terminated for “Cause” by Rand McNally if the Customer (i) fails or refuses to pay amounts required when due; (ii) fails or refuses to keep and perform any of the terms, covenants or conditions herein required of that Party, including any unauthorized disclosure or use of the Product, Software or Services provided pursuant to these Terms & Conditions; (iii) ceases doing business as a going concern or makes an assignment for the benefit of its creditors; or (iv) voluntarily files, or has filed against it involuntarily, a petition for liquidation, reorganization, adjustment of debt, or similar relief under the Federal Bankruptcy Code or any present or future federal or state bankruptcy or insolvency law, or becomes subject to direct control of a trustee, receiver, liquidator or similar authority of all or a substantial part of its assets. The Service may be terminated for “Cause” by Customer if Rand McNally fails to perform any material terms, covenants or conditions herein required and such default is not cured within ten (10) business days after Customer gives Rand McNally written notice of such default.
c. Effect of Termination. Upon termination of the Service for any reason, Customer shall pay Rand McNally for the Services provided up to the effective date of termination or expiration. In the event of a termination of the Service by Rand McNally for Cause, Customer shall pay to Rand McNally the remaining Service Fees or overage fees, if applicable. In the event of a termination by Customer for Cause, Customer shall be released from any additional monetary or other obligations otherwise due had the Service continued in force and effect.
IV. Payment for Services. After the initial 6-month service term, Customer will pay for the Service using a credit card or such other payment mechanism as Rand McNally shall accept from time to time. Credit card information provided must be valid, including customer’s accurate credit card number, expiration date, security code, and billing address. Customer must renew Service, at any time during each six (6) month Service period, to ensure that there is no lapse in Service. Renewal of the Service Plan Term must be accomplished through the Rand McNally Dock software.
V. Suspension or Termination for Non-Payment. If the Customer fails to pay any amount when due, all sums unpaid shall become immediately due and payable, and Rand McNally may without prejudice to its other rights or remedies under these Service Plan Terms or at law or in equity: (i) charge the Customer late fees on the amount owing from the due date until the date of actual payment at the rate of the lesser of 1.5% per month or the highest rate allowed by law; (ii) suspend any Services provided under these Service Plan Terms until Rand McNally is fully paid; and (iii) Rand McNally shall have all rights and remedies provided under the applicable Uniform Commercial Code and any applicable municipal, state, or federal law. Rand McNally’s remedies shall be cumulative. In the event Customer desires to reactivate the account, a twenty-five dollar ($25.00) reactivation fee per Device will be charged by Rand McNally, or such rate as Rand McNally is charging at such time.
VI. Service and Support. Customer may obtain service and technical support by contacting Rand McNally’s Customer Support Center at 1-800- 641-RAND (7263) during normal business hours.
VII. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. RAND MCNALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE SERVICE, OR NON-INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS, OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, AND ANY STATEMENTS MADE BY ANY RAND MCNALLY EMPLOYEE OR REPRESENTATIVE, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES. RAND MCNALLY DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON RAND MCNALLY’S BEHALF, AND CUSTOMER SHOULD NOT RELY ON ANY SUCH STATEMENT. CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. THIS DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL BE CONSTRUED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
VIII. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAND MCNALLY AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO CUSTOMER OR ANY SUBSEQUENT USER OF THE SERVICES FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA, THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, OR ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS RESULTING FROM RAND MCNALLY’S OBLIGATIONS UNDER THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF RAND MCNALLY’S AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO CUSTOMER AND ANY SUBSEQUENT USER ARISING UNDER THE SERVICE SHALL NOT EXCEED THE TOTAL SERVICE FEES RECEIVED BY RAND MCNALLY FROM CUSTOMER. RAND MCNALLY SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE THE DEVICE OR SERVICE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS SERVICE ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, RAND MCNALLY’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO THE SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY.
Terms and Conditions for Use of the Rand McNally HD 100