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Rand McNally TND™ 760 Fleet Edition Applicable Service Terms 

 

Listed below are links to the applicable terms and conditions related to your purchase of the Rand McNally TND 760 Fleet Edition:

 

 

The Rand McNally TND 760 Fleet Edition Service Plan Terms

By subscription to the Service Plan and/ or use of the TND 760 Fleet Edition, Customer agrees to comply with each of the terms listed below:

I. Introduction. These Service Plan Terms, including the Terms & Conditions of use of the Rand McNally TND 760 Fleet Edition, the Privacy Policy, Terms of Use, and other applicable terms can be located at www.randmcnally.com/760serviceterms, and terms of use for wireless products, features, applications, and accessories not otherwise described herein that are posted on applicable Rand McNally websites or devices, and any documents expressly referred to herein or therein, make up the complete agreement between Customer and Rand McNally, with respect to Customer’s subscription to the service plan and use of the TND 760 Fleet Edition device.  All capitalized terms herein shall, if not specifically defined herein, have the same meaning as set forth in the Rand McNally TND 760 Fleet Edition Terms & Conditions

II. Service Plans

Name
Features
Monthly Cost

 

Rand McNally TND™ 760
EOBR Plan

 

Electronic Driver Logs (HOS compliance) and Vehicle Inspection Reporting via Rand McNally Connect Portal.  

 

$19.95

 

Rand McNally TND™ 760 Basic Plan

 

EOBR Plan + Mapping, messaging and integration via Rand McNally Connect Portal.

 

$29.95

 

Rand McNally TND™760 Enterprise Plan

 

Basic Plan + Driver Scorecard, Vehicle Maintenance, Performance and Critical Event Reporting.

 

$39.95

1Mb per device monthly data plan included, averaged across all Devices in Customers fleet; overages are $3.00 per Mb.

For further details concerning the available Service Plans, please see www.randmcnally.com/760serviceterms.  Subject to applicable law, Rand McNally reserves the right to change, rearrange, add, delete or otherwise modify the Features of the Service Plans (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.

III. Term of Service; Termination; Effect of Termination; and Early Termination Fees.

a. Term of Service. Use of the TND™760 Fleet Edition (“the Device”) requires a three-year subscription to one of the service plans described above (“the Service Plan”). The Service Plan Terms shall become effective upon Customer’s activation of the Device and purchase and acceptance of one of the Service Plans set forth in Article II, and shall continue for a three year period (the “Initial Term”).  At the end of the Initial Term, Customer may be given the option to (i) renew the Service Plan subject to the then existing Service Plan Terms, features and pricing, (ii) select a new Service Plan, or (iii) allow the Service Plan to convert to a month to month basis, based upon the then existing pricing (which may be an increase from the expiring plan). If Customer does not select a new Service Plan, the Services will automatically convert to a month-to-month Service Plan which may be terminated by providing thirty (30) days’ notice to Rand McNally.

Within fourteen (14) days after commencing the Service Plan (“Grace Period”), Customer shall be entitled to cancel the plan without penalty for a full refund of all monies paid to date in connection with the Service Plan.  After expiration of the Grace Period, any failure of Customer to make payments as required by the Service Plan shall result in the remedies set forth in Article V.  Any Devices returned to any retailer shall be subject to the return policy of the retailer.

The Service Plan is payable on a monthly basis or as otherwise described in the Service Plan purchased. The Service Plan is sold separately from the Device. Customer must be eighteen (18) years of age or older to subscribe to the Service Plan.

b. Termination by Either Party. The Service may be terminated for “Cause”: (i) by either party if the other party fails or refuses to (i) pay amounts required when due and such default is not cured within ten (10)  business days after the non-defaulting party gives the defaulting party written notice of such default; or (ii) keep and perform any of the other terms, covenants or conditions herein required of that party, including, but not limited to any unauthorized disclosure or use of the Device, Accessories, Software or Services provided pursuant to these Service Plan Terms, and such default is not cured within ten (10) business days after the non-defaulting party gives the defaulting party 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 for the Device(s) for the remainder of the Service Term, unless otherwise agreed to by Rand McNally.  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. Billing for Services. Customer will pay for the Service using a credit card. Rand McNally will bill Customer on a monthly basis, in advance of upcoming monthly use period in accordance with the Payment Authorization Terms. The Card information provided must be valid and up to date at all times.

V. Suspension or Termination for Non-Payment. If the Customer fails to pay any amount when due, and Customer's default continues for ten (10) business days after written notice thereof from Rand McNally, 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 during the suspension period, a twenty-five dollar ($25.00) reactivation fee per Device will be charged by Rand McNally.

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)

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.

IX. Customer’s subscription to the Service Plan and/ or use of the Device constitutes acceptance of these Terms of Service, the TND™760 Fleet Edition Terms & Conditions, the Privacy Policy, Terms of Use, and other applicable terms located at www.randmcnally.com/760serviceterms and on the Rand McNally website, and/ or provided by third-parties in connection with the use of the Device.  In the event of any conflict between these Service Plan Terms, the Privacy Policy, Terms of Use, and other applicable terms located at www.randmcnally.com/760serviceterms or appearing on the Rand McNally website, and/ or provided by third-parties in connection with the use of the Device, these Service Plan Terms shall prevail.

Terms and Conditions for Use of The Rand McNally TND™760 Fleet Edition

IMPORTANT: By using the TND™760 Fleet Edition you are agreeing to be bound by the following terms and conditions (collectively referred to as "Terms & Conditions"). These Terms and Conditions, including the Rand McNally TND™760 Service Plan Terms, the Privacy Policy, Terms of Use, and other applicable terms can be located at www.randmcnally.com/760serviceterms, and terms of use for wireless products, features, applications, and accessories not otherwise described herein that are posted on applicable Rand McNally websites or devices, and any documents expressly referred to herein or therein, make up the complete agreement between Customer and Rand McNally, with respect to Customer's subscription to the service plan and use of the TND™760 Fleet Edition device:

1.   Definitions.  Capitalized terms used in these Terms and Conditions shall have the following meanings:
a.   "Accessories" shall mean any hardware or parts used by, on or within the Device.
b.   "Activation Date" means the date on which the Device purchased by the Customer is activated by purchasing a subscription to the Service.      
c.   "Customer" means the individual utilizing the Device and/ or whose Service account is set up in Customer's name.
d.   "Device" or "Devices" means the Rand McNally TND™760 Fleet Edition unit(s) purchased and/or operated by Customer.
e.   "Service Fees" means the fees for the Service, payable as outlined in Service Plan Terms
f.    "Service Term" means the time period commencing on the Activation Date until termination of the Service, as described in the Service Plan Terms, subject to Section 10 of these Terms & Conditions.
g.   "Service" or "Services" means the applicable Service Plan product(s) purchased by Customer, including, but not limited to, activation services for the Device, to be accessed through Rand McNally's web portal. 
h.   "Service Plan" shall mean the wireless plan, describing the features forming a part of the bundle purchased by Customer as part of the Services.
i.    "Service Plan Terms" shall mean the terms and conditions regarding the Service Plan accepted by Customer when purchasing the Services.
j.    "Software" means all of the contents of the files, disk(s), or other media contained in the Device, including but not limited to all Rand McNally and/or third-party computer-related intellectual property, or software included by Rand McNally with the Device, related explanatory written materials or files ("Documentation"), fonts, interfaces, content, upgrades, modified versions, updates, and additions to the Software, and may include content in back-end databases accessible through Rand McNally's web portal.

2.   Software
a.   Ownership; License.  The Software is licensed, and not sold, to Customer by Rand McNally for use only under these Terms & Conditions. Rand McNally expressly retains ownership and title of the Software and reserves all rights not expressly granted to Customer.  Subject to these Terms & Conditions, Customer is granted a limited non-exclusive, non-transferable, revocable license to use the Software in conjunction with the Device, solely for the Customer's internal business purposes.  Customer's termination of the Services will result in immediate termination of this license. 
b.   Usage.  Access to the Software is provided to Customer for use by Customer for Customer's internal operations in furtherance of Customer's business and for no other purpose.  This license to access the Software is not assignable or transferable by Customer.  Customer's access to the Software is limited to the purpose for which it was designed, intended, and as set forth in these Terms & Conditions.  Customer may not and agrees not to, or to enable others to, customize or extend the functionality of the Software, otherwise alter, modify or translate the Software, or copy, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, and/ or modify or create derivative works of the Software.
c.   Updates.  Rand McNally may provide periodic updates to the Software.  Customer acknowledges that any obligation Rand McNally may have to support the previous versions of the Software may be ended after the complete transition to the updated version. 
d.   Third-Party Applications.  Customer acknowledges that Rand McNally may incorporate third-party applications and data into its Software for use in connection with the Device.  The third-party applications may require Customer to accept additional terms and conditions.  By using the third-party applications in connection with the Device, Customer agrees to the applicable terms of service of that third-party application.

3.   Services.
a.   Website Access.  Customer shall have access to Rand McNally's web portal and web-based applications used in connection with the Device (the "Website").  The Website will be available for Customer, under these Terms & Conditions, 24 hours a day, 7 days a week, 365 days a year, except for excused or scheduled maintenance periods, or for downtime due to a failure outside of Rand McNally's realm of reasonable control. Customer's access to and use of the Website may be governed by separate terms and conditions.  If Customer accesses the Website by a wireless internet connection, Customer shall be solely responsible for any unauthorized use of the Website.
b.   Service.  Pursuant to these Terms & Conditions, Customer will receive the Services described in the Service Plan purchased by Customer.

4.   Customer Obligations.
a.   Service Fees.  Customer shall pay the Service Fees for each Device as set forth in Section 8 and in accordance with the Service Plan Terms.  In the event Customer fails to pay the Service Fees as provided under the Service Plan Terms, Rand McNally may suspend or terminate the Service, as outlined in Section 8(b).  However, in no event shall Rand McNally's failure to terminate the Services be construed as a waiver to do so at a later date.
b.   Safe Driving Practices.  Customer acknowledges that the use of mobile communications systems in a vehicle while a vehicle is in motion is distracting and DANGEROUS. Rand McNally expressly discourages any use of a mobile communication system in a moving vehicle, and in no event shall Rand McNally be liable for damages by a Customer when operating a motor vehicle. Customer shall exercise caution and common sense when the vehicle is in motion.  

5.   Rand McNally Obligations
a.   Support.  Technical telephone support for the Devices will be available five (5) days a week, 7:00 am to 6:00 pm Central Time, excluding weekends and Rand McNally recognized holidays. 
b.   Training.From time to time, Rand McNally may offer training to its Customers regarding installation and use of the Devices and regarding access to and use of the Website.  Such training services may be purchased separately by Customer.

6.   Taxes.  Customer shall pay, reimburse, and/or hold Rand McNally harmless for all applicable sales, use, transfer, privilege, tariffs, excise, and all other taxes and all taxes, whether international, national, state, or local, however designated, which are levied or imposed by reason of the sale of the Devices or Accessories, training, extended warranties or Customer's use of the Services under these Terms & Conditions; provided, however, this Section (6) shall not apply to income taxes assessed to Rand McNally on revenue received by reason of the sale of the Devices or Accessories, training, extended warranties or the performance of the Services.

7.   Publicity.  Rand McNally shall be permitted to issue a press release (subject to written approval by both parties) announcing Customer's purchase of the Device, Services, and/or Accessories.  Rand McNally shall be permitted to use Customer's name and quotations in marketing, sales and business promotion activities, provided, Rand McNally first (i) provides a copy of the proposed marketing, sales and business promotion materials and a description of the intended use of such materials to Customer for his/ her review, and (b) obtains Customer's prior approval of the materials and intended use, which approval shall not be unreasonably withheld or delayed beyond ten (10) days.  All rights in Customer’s trademarks, trade names and other intellectual property shall remain the exclusive property of Customer.

8.   Payments.
a.   Payments.  Customer shall pay the Service Fee for the Device purchased, under these Terms & Conditions, in advance on a monthly basis starting with the day each Device is activated and continuing for the Service Term, or as otherwise described in the Service Plan Terms.
b.   Failure to Pay.  If the Customer fails to pay any invoice, bill, or other amount when due, and Customer's default continues for ten (10) business days after written notice thereof from Rand McNally, all sums unpaid shall become immediately due and payable, and Rand McNally may without prejudice to its other rights or remedies under these Terms & Conditions 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, and (ii) suspend any Services provided under these Terms & Conditions until Rand McNally is fully paid.  In the event the Customer desires to re-activate the account during the suspension period, a twenty five dollar ($25.00) re-activation fee per Device will be charged by Rand McNally.  In addition, 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.  

9.   Term and Termination.
a.   Term.  Unless terminated earlier as provided herein, the initial term of the Service for each Device shall commence on the Activation Date and shall continue until the Service Term expires.  Thereafter, these Terms & Conditions shall automatically renew on a month to month basis until either party gives written notice of termination to the other party not less than thirty (30) days in advance of the end of the initial term or any subsequent renewal period.  
b.   Termination.  The Service may be terminated for "Cause" by either party if the other party fails or refuses to (i) pay amounts required when due and such default is not cured within ten (10) business days after the non-defaulting party gives the defaulting party written notice of such default; or (ii) keep and perform any of the other terms, covenants or conditions herein required of that party, including, but not limited to, any unauthorized disclosure or use of the Device, Accessories, Software or Services provided pursuant to these Terms & Conditions, and such default is not cured within ten (10) business days after the non-defaulting party gives the defaulting party 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 for the Device(s) for the remainder of the Service Term, unless otherwise agreed to by Rand McNally.  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.

10. Waiver.  Unless otherwise specified in these Terms & Conditions or any other terms and conditions applicable to the use of the Device, the failure by one of the parties under these Terms & Conditions to assert its rights for any breach of these Terms & Conditions shall not be deemed a waiver of such rights.  The rights and remedies specified herein are in addition to, and shall not restrict, any other right or remedy either party may have at law or in equity for any breach of these Terms & Conditions.

11. Intellectual Property.
a.   Definition.  "Intellectual Property" shall include, but not be limited to: the Device, Accessories, Software, Documentation, and all other technical information of Rand McNally disclosed under these Terms & Conditions such as technology, knowledge, know-how, expertise, practices, procedures, methods, techniques, processes, data analysis, devices, equipment, tools, materials, consumables, data bases, costs, revenues, graphics, designs, copyrights, trademarks, patents, trade secrets, or other information capable of copyright, trademark or patent protection.
b.   Right, Title and Interest.  All right, title and interest in the Intellectual Property of Rand McNally, including, but not limited to, the Device, Accessories, Software, Documentation, and any modifications or enhancements thereof, shall remain vested in Rand McNally at all times.  The sale of the Device or use of the Service does not constitute a transfer to Customer of any title or intellectual property rights in or related to the Device, Accessories, Software, documentation, modifications, or enhancements thereof.
c.   Disclosure; No Rights Conferred.  Customer shall not disclose any Intellectual Property of Rand McNally to any third-party except as may be provided in these Terms & Conditions.  Nothing in these Terms & Conditions or in the course of dealings between the parties, whether past, present, or future, or usage or custom in the industry or trade, shall be construed to confer any other rights or licenses concerning the Intellectual Property by implication, estoppel or otherwise.

12.Warranty.
a.   ALL WARRANTIES EXTENDED BY RAND MCNALLY TO CUSTOMER WITH RESPECT TO THE DEVICE AND THE SOFTWARE ARE SET FORTH SOLELY AND EXCLUSIVELY IN THESE TERMS AND CONDITIONS, WHICH CONTAIN LIMITATIONS OF WARRANTIES, LIMITATIONS OF DAMAGES, AND LIMITATIONS OF LIABILITY THAT APPLY TO RAND MCNALLY'S PERFORMANCE UNDER THESE TERMS AND CONDITIONS.  ACCESSORIES AND OTHER PRODUCTS MANUFACTURED BY THIRD PARTIES SHALL BE SUBJECT TO THE WARRANTIES PROVIDED BY SUCH MANUFACTURERS.

b.   Device Warranty.  RAND MCNALLY makes no warranties expressed or implied, including without limitation, the Implied Warranty of Merchantability and Fitness for a Particular Purpose, EXCEPT AS FOLLOWS.  RAND MCNALLY EXPRESSLY WARRANTS ONLY AS FOLLOWS: Rand McNally warrants to the Customer only, for a period of one (1) year after purchase of the Device ("Warranty Period"), that Rand McNally's Devices (i) are merchantable and fit for the purpose intended by Rand McNally; (ii) will be in operating condition and will substantially conform to their specifications and will be free from material defects in materials or workmanship for the Warranty Period after purchase and proper use and Service; and (iii) will be free from damages caused by environmental effects within the specified operating parameters of the Device; provided, no alteration has been made thereto after purchase.  Rand McNally shall not be liable for fair wear and tear, damage caused by usage outside the specified environmental parameters of the Device, failure to properly maintain, damage caused by corrosives, abrasives or foreign objects, or for damage to cables used in or in connection with the Device.  Rand McNally shall have no obligation as to any Device which has been improperly stored or handled, which has been placed in environmental conditions beyond the recommended specifications, or which has not been operated or maintained according to good practice or according to instructions in any manuals, nor shall Rand McNally be liable for any misuse, or the fault, negligence, want of skill, or wrongful acts of Customer or agents of Customer.  If Customer requires repair after expiration of the Warranty Period, then Customer shall be charged the then-applicable rates to repair such Device together with the costs of shipping.  

c.   Software Warranty.  Rand McNally represents and warrants to Customer that during the Warranty Period, the Software: (i) will operate in all material respects in accordance with the Documentation, (ii) will be free from physical defects in the media that tangibly embodies the Software, (iii) is free from harmful viruses (e.g. Trojan horse, worm or other software routines designed to permit unauthorized access, to disable, erase or otherwise harm software, hardware or data), and (iv) does not infringe any valid intellectual property right owned by persons or entities other than Rand McNally (or its licensors and suppliers); provided, however, that the representations and warranties described above do not extend to the operation of the Software on any hardware configuration other than as described in these Terms & Conditions or as to any copy of the Software that is modified by any person or entity other than Rand McNally (or its licensors or suppliers).

d.   Defective Product Return Procedure.  Any part or parts proven defective after acceptance by Customer, and within the Warranty Period, will be, upon return of such defective part(s), either adjusted, repaired, or replaced, at the sole discretion of Rand McNally; provided, however, that Customer shall (i) notify Rand McNally in writing during the Warranty Period that such Device failed to conform to the warranty set forth in this section and furnish a reasonably detailed explanation of any alleged nonconformity; (ii) obtain a return merchandise authorization number ("RMA") by submitting a form approved by Rand McNally to receive a Rand McNally-issued RMA number for the nonconforming Device from Rand McNally; and (iii) within thirty (30) days following receipt of the RMA number, return such product to Rand McNally, with the RMA number prominently attached, F.O.B. Rand McNally at such location as Rand McNally may designate in writing.  Customer shall assume all responsibility and expense for removal, reinstallation and freight in connection with the foregoing.  In the event Rand McNally's evaluation of the returned product results in no problem found, Customer shall pay Rand McNally for the resources used to conduct the product evaluation (currently $75.00) and the cost of returning the Device to Customer.  If Customer fails to notify Rand McNally during the Warranty Period, pursuant to clause (a) of this Section 12, with respect to any Device returned by Customer, then Customer shall be charged the then-applicable rates to repair such Device, in addition to shipping costs.

13. Limitation of Damages and Liability.
a.   RAND MCNALLY AND ITS EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD-PARTY FOR ANY PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, DEATH OR INJURY) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF RAND MCNALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS NEGOTIATION OF LIABILITY IS FUNDAMENTAL TO THE BARGAIN ON WHICH THESE TERMS AND CONDITIONS ARE BASED.  NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL RAND MCNALLY'S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR TO ANY THIRD-PARTY ARISING UNDER THESE TERMS AND CONDITIONS, WHETHER FOR DIRECT OR INDIRECT DAMAGES, EXCEED (IN THE AGGREGATE) THE TOTAL SERVICE FEES RECEIVED BY RAND MCNALLY FROM CUSTOMER, WHETHER ARISING FROM CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), EQUITY OR ANY OTHER THEORY OF LIABILITY.  ANY ACTION BY EITHER PARTY MUST BE BROUGHT WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION AROSE. 

b.   Customer acknowledges that the Service provided by Rand McNally hereunder is based upon cellular telephone Service that is furnished to Rand McNally by one or more participating carriers ("Participating Carriers") pursuant to agreements between Rand McNally and such Participating Carriers.  CUSTOMER FURTHER ACKNOWLEDGES THAT NETWORK SERVICES MAY BE TEMPORARILY REFUSED, INTERRUPTED, CURTAILED OR OTHERWISE LIMITED BECAUSE OF TRANSMISSION LIMITATIONS CAUSED BY ANY FACTOR, INCLUDING ATMOSPHERIC, ENVIRONMENTAL OR TOPOGRAPHICAL CONDITIONS, PARTICIPATING CARRIER FACILITIES LIMITATIONS OR CONSTRAINTS OR FACILITIES CHANGES, MODIFICATIONS, UPDATES, RELOCATIONS, REPAIRS, MAINTENANCE OR OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF THE PARTICIPATING CARRIER FACILITIES.  RAND MCNALLY AND PARTICIPATING CARRIERS ARE NOT LIABLE TO CUSTOMER WITH RESPECT TO ANY CLAIM OR DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH (I) ANY COVERAGE GAP, OR (II) ANY NETWORK SERVICE REFUSAL, INTERRUPTION, CURTAILMENT OR OTHER LIMITATION DESCRIBED HEREIN.  CUSTOMER FURTHER ACKNOWLEDGES THAT RAND MCNALLY AND PARTICIPATING CARRIERS DISCLAIM ALL LIABILITY OF ANY NATURE TO CUSTOMER, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING OUT OF CUSTOMER'S USE OF A RAND MCNALLY SERVICE, AND CUSTOMER AGREES THAT CUSTOMER SHALL HAVE NO CLAIMS AGAINST RAND MCNALLY OR PARTICIPATING CARRIERS OF ANY KIND WITH RESPECT THERETO.

14. Indemnification.  Customer hereby agrees to defend, indemnify, and hold Rand McNally harmless from all third-party claims, causes of action, demands, suits or legal proceedings of any sort arising from or relating to (i) intentionally wrongful, reckless or negligent acts or omissions of Customer during the receipt or use of the Services; or (ii) any material breach of Customer's representations, warranties and/or other obligations set forth in these Terms & Conditions.

15. Miscellaneous Provisions.
a.   No Third-Party Beneficiaries.  These Terms & Conditions are solely for the benefit of these parties and their successors and permitted assigns, and do not confer any rights or remedies on any other person or entity.

b.   Assignment.  These Terms & Conditions shall be binding upon the parties and their respective successors and permitted assigns.  Customer shall not assign the Service or any of its rights or obligations hereunder without the written consent of Rand McNally, and any such attempted assignment shall otherwise be void.  Notwithstanding the foregoing, no prior written consent shall be required in the event of (i) an assignment by Rand McNally or its successor to an affiliate of the assignor in connection with a reorganization or restructuring; (ii) an assignment by Rand McNally or its successor to an assignee or successor in the case of a merger, consolidation, sale of substantially all of the assets or other transaction as a result of which the assignee acquires substantially all of that portion or the business and assets of Rand McNally to which these Terms & Conditions relate.

c.   Relationship.  NEITHER PARTY IS THE AGENT, FIDUCIARY, TRUSTEE, EMPLOYEE OR OTHER REPRESENTATIVE OF THE OTHER PARTY.  Customer and Rand McNally acknowledge and agree that either party shall perform its duties under these Terms & Conditions as an independent contractor.  Neither party has any authority to bind the other party, by contract or otherwise, to any obligation.  Neither party shall make representations to the contrary, either expressly, implicitly, by appearance, or otherwise.

d.   Severability.  If any provision of these Terms & Conditions is declared or found to be illegal, unenforceable or void, that provision will be ineffective, but only to the extent that it is illegal, unenforceable or void, and such provision will be amended to the extent necessary to make it legal and enforceable while preserving its intent.  In addition, if the remainder of these Terms & Conditions will not be affected by that declaration or finding and is capable of substantial performance, then each provision not so affected will be enforced to the maximum extent permitted by law.  IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THESE TERMS AND CONDITIONS WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND SHALL BE ENFORCED AS SUCH.

e.   Governing Law / Jurisdiction.  These Terms & Conditions shall be governed and construed in accordance with the laws of the United States and the State of Illinois (except for that State's choice of law provisions), and, the parties consent to the sole and exclusive jurisdiction of the state courts and U.S. federal courts located in the Northern District of Illinois.  The United Nations Convention on Contracts for the International Sales of Goods expressly does not apply and is hereby waived by the parties.  Should either party to these Terms and Conditions institute any legal action or proceeding to enforce these Terms & Conditions or any provision hereof, or otherwise arising under these Terms & Conditions, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all costs and expenses, including, without limitation, reasonable attorneys' fees and costs, incurred by the prevailing party in such action or proceeding.

f.    Entire Agreement; Amendment.  These Terms & Conditions, the Service Plan Terms, Privacy Policy, the Terms of Use, and other applicable terms located at www.randmcnally.com/760serviceplan, and on the Rand McNally website, and/ or provided by third-parties in connection with the use of the Device, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements or understandings between the parties regarding such subject matter.  These Terms & Conditions may be amended or modified only by a written instrument executed by both parties.  In the event of any conflict between these Terms & Conditions, the Service Plan Terms, the Privacy Policy, the Terms of Use, or other applicable terms located at www.randmcnally.com/760serviceplan or appearing on the Rand McNally website, and/ or provided by third-parties in connection with the use of the Device, these Terms & Conditions shall prevail.

g.   Force Majeure.  Rand McNally shall be excused from performance under these Terms & Conditions to the extent that it is prevented from performing any action, in whole or in part, as a result of adelaybeyond its reasonable control, caused by Customer, or caused by an act of God or the public enemy, war, civil disturbance, court order, U.S. or foreign governmental actions, strikes and other labor disturbances, or failure of telecommunications or Internet equipment outside of Rand McNally’s control.

h.   Notices.  All notices, communication or invoicing between Rand McNally and Customer shall be delivered via electronic transmission via the e-mail address provided to Rand McNally by Customer at the time of purchase of the Services.  All communication from the Customer to Rand McNally shall be copied to Rand McNally, c/o Legal Department at 9855 Woods Drive, Skokie, Illinois 60077 or to fax number (847) 329-6704.

i.    Survival.  The following provisions shall survive termination or expiration of the Service for any reason: Sections 1, 6, 7, 9, 10, 11, 13, 14, 15 and the provisions of these Terms & Conditions that, by their terms and nature, survive termination of the Service.

j.    Compliance with Terms and Conditions.  Each party shall be solely responsible for ensuring that it complies with, and abides by, all the terms and conditions of these Terms and Conditions. All rights to the products sold pursuant to these Terms and Conditions are granted on the condition that such rights are forfeited if Customer fails to comply with these Terms & Conditions.

k.   Compliance with Laws; Export Rules.  In performing their obligations hereunder, Customer and Rand McNally each shall comply with all applicable federal, state, and local laws, rules, and regulations applicable to their individual businesses.  Customer agrees that the Device, Accessories, and/ or Software purchased hereunder will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively, the "Export Laws").  In addition, if the products are identified as export controlled items under the Export Laws, Customer represents and warrants that Customer is not a citizen of, or otherwise located within, an embargoed nation (including, without limitation, if so classified under the Export Laws, Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that Customer is not otherwise prohibited under the Export Laws from receiving the products.