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While we endeavor to provide the most accurate, up-to-date data available, data we collect from the device installed in a
<br /> vehicle may, at times, contain technical inaccuracies or errors, and may be changed or updated without notice. except as
<br /> expressly set forth herein, the device and the service are provided by us on an "as-is"basis to the full extent permissible by
<br /> applicable law,we disclaim all representations and warranties of any kind,express or implied, including,but not limited to,
<br /> implied warranties of non-infringement merchantability and fitness for a particular purpose,as to the device and the service,
<br /> and the data(including its accuracy and availability), services or materials included or offered as part of the service.You
<br /> assume the entire risk in downloading or otherwise accessing any data,information,files or other materials obtained from the
<br /> website or through the system.
<br /> 6. PERSONAL IDENTIFICATION NUMBERS(PIN),PASSWORDS,AND SECRET QUESTIONS. A PIN,password
<br /> or
<br /> `secret question'may be required to access the Licensed Matter and location-based data. You can change these at any time
<br /> by contacting Fleet Solutions LLC or by accessing the website. Failure to protect your PIN,password or secret question,or
<br /> improper use of the same, may result in termination of the service. You acknowledge that you accept full responsibility for
<br /> the use and protection of your PIN, password, or secret question, and that Fleet Solutions LLC is not responsible if an
<br /> unauthorized party uses these in any way. You also consent that vendors working with Fleet Solutions(e.g.,those providing
<br /> roadside assistance)may use your PIN,password,or secret question,and accept full responsibility for any services performed
<br /> or data that may be accessed resulting from using these constructs.
<br /> 7. DATA ACCESS. You represent and warrant that you have all rights and authority with respect to the Customer
<br /> information("Business Data")required to grant the rights and approvals set forth in this paragraph and that you approve and
<br /> grant to us the nonexclusive,non-terminable license and right to collect,access,and use information from you,the Customer,
<br /> their vehicle,and the information arrangement system,and to access,copy,or use the Business Data in the course of providing
<br /> the items and performing the services to which you or the Customer have consented, limited to our performance of the
<br /> following activities:(i)to provide the Items and Services to you and the Customer:(ii)to perform software support services,
<br /> and other services on your behalf and have third party provider do the same, such as for roadside assistance or recovery of a
<br /> stolen vehicle;(iii)to compile and aggregate statistical data to analyze,measure,and optimize the performance of our products
<br /> and services for you,Fleet Customers and other internal purposes of Fleet Solutions LLC; and(iv)to compile and aggregate
<br /> statistical data,including combining Business Data with data from other Customers and sources,for purposes of developing data
<br /> products for sale,licensing and distribution to third parties,subject to the limitation that we will use such data solely to create
<br /> analyses in aggregated or derivative form in databases and compilations that do not permit identification of you, Fleet
<br /> Customers,employees,or individuals. WE WILL ONLY DISCLOSE PERSONALLY IDENTIFIABLE DATA TO THIRD
<br /> PARTIES TO PROVIDE SERVICES DESCRIBED IN TFUS AGREEMENT AND WHEN REASONABLY
<br /> NECESSARY, IN OUR SOLE
<br /> DETERMINATION, TO: (i) enforce the Agreement; (ii) defend against legal claims; (iii) protect the rights, property and
<br /> safety of Fleet Solutions LLC, its customers,or others; (iv)respond to court order, subpoena or other legal requirement; or
<br /> (v)notify law enforcement authorities of any activities that we believe to be unlawful.
<br /> S. WEBSITE MAINTENANCE. In an effort to ensure a responsive and efficient server platform for its customer base,
<br /> Web Site provider reserves the right to perform scheduled maintenance between the hours of 10:00 p.m.to 3:00 a.m.Pacific
<br /> Time. This may include database maintenance as well as general site maintenance and may or may not involve application
<br /> and web services unavailability.
<br /> 9. DEFAULT. In the event that Company shall find it necessary to retain an attorney and/or a collection agency to
<br /> pursue the recovery of Monies due,Company shall be entitled to reasonable attorney's fee and reasonable costs of collection,
<br /> whether by trial,arbitration or settlement,and the costs of suit.
<br /> to. INSURANCE. Fleet Solutions LLC shall procure and maintain, at its sole expense, the minimum insurance
<br /> requirements as described in Attachment C to this Agreement.
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<br /> Revised USAFS SOURCEWELLTELEMATICSARmement-510112023
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