Freightliner | Run Smart


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With ExceleratorSM on your side, you can roll with confidence. After all, it's the only breakdown assistance program backed by the road-tested experience of Freightliner. Nobody knows your truck better.


ExceleratorSM Truck Services

Membership Agreement

Revised April 1, 2009

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

Terms

These Terms are between you and DTNA, and govern the respective rights and obligations of the parties. The Terms, together with applicable terms and conditions related to any services and promotional offers provided to you for use with the Services, constitute the entire agreement between you and DTNA related to the Services. Please note that your use of the Web Site and the Services are also governed by our Privacy Policy, as published on Web Site. If you register for membership, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.

Membership Fees

Excelerator membership is applied on a per-vehicle basis, each membership designated by the specific Vehicle Identification Number (VIN). Upon registration, the legal owner of the vehicle can choose the Excelerator product/membership level for that specific vehicle. There is one membership level in the Excelerator program, "Preferred". Membership fee for Preferred members is $99, good for the duration of ownership of the vehicle by its current legal owner. These fees are non-refundable. Taxes may apply on the membership fee and/or the Member Services as described below and any such taxes shall be your responsibility. Vehicle membership benefits are NOT transferable with the sale of the vehicle, and legal owner must call 1-800-238-8063 upon termination of vehicle ownership to inform DTNA that membership status no longer applies to the specific vehicle.

Member Services

1) Extended Breakdown Services

Payment for Extended Breakdown Service is per occurrence. Upon payment of fee for services, member is entitled to Extended Breakdown Service at a reduced rate in pricing versus non-member pricing. Member Vehicle type (brand) $36 Freightliner, Sterling, Western Star, Freightliner Custom Chassis and Thomas Built Bus $40 All other brands of medium- and heavy-duty truck Extended Breakdown Service is defined as the following activities associated with a vehicle breakdown: (i) locate a towing service or repair location (a "Service Provider") (ii) schedule a tow, and (iii) check on vehicle status with Service Providers. Payment for Extended Breakdown Service is made per occurrence and must be paid at the start of the Extended Breakdown Service. Payment is to be made by Visa or MasterCard. THE DECISION TO UTILIZE A SERVICE PROVIDER LOCATED BY DTNA IS YOURS ALONE. DTNA IS NOT RESPONSIBLE FOR ANY WORK PERFORMED BY A SERVICE PROVIDER. Excelerator members may also incur additional charges for service calls, towing, repair diagnosis, parts shipments, vehicle parts and service, shop supplies and environmental fees as a result of Extended Breakdown Service. Payment for these additional charges is the responsibility of the legal vehicle owner, with payments made to the designated Service Provider.

2) Other Member Benefits

DTNA may make available special, limited time offers from participating companies to members. DTNA does not warrant, guarantee, or insure the quality of any product or service offered by any of the participating companies. Your relationship with participating companies for whom DTNA delivers offers on the Web Site and in marketing materials, which may including completion of offers, payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, is solely between you and the participating company. You agree not to hold DTNA liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by a participating company. You should review the terms and conditions and privacy policy of a participating company associated with these offers.

Non-Member Services

1) Extended Breakdown Services

Upon payment of fee for services, a non-member is entitled to Extended Breakdown Service at the following prices:
  • Non-member Vehicle type (brand)
  • $39 Freightliner, Sterling, Western Star, Freightliner Custom Chassis and Thomas Built Bus
  • $43 All other brands of medium- and heavy-duty truck

Conditions And Termination of Use

You must have an active membership to take advantage of Excelerator Member Services. DTNA reserves the right to accept or refuse membership at its discretion. You may not transfer or assign your membership or these benefits, except to those designated to operate the member vehicle.

DTNA may in its discretion change these Terms, Privacy Policy, or any aspect of the Services, without notice to you. However, any increase in the membership or fees for services will be posted on the Web Site. YOUR CONTINUED MEMBERSHIP AFTER DTNA CHANGES THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP. To cancel membership, legal owner of vehicle must call 1-800-238-8063 to inform DTNA that membership status no longer applies to the specific vehicle.

DTNA may terminate your membership if you fail to comply with any of the Terms with no refund of your membership fees. DTNA's failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any rights.

Exclusion of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. THE WEB SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DTNA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DTNA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR ANY TRANSACTIONS ENTERED INTO.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS, IN NO EVENT WILL DTNA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES. DTNA'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

This Agreement is and shall be deemed accepted in the State of Oregon, and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Oregon applicable to contracts to be made and performed entirely within such state. The parties hereto agree that any suit or action brought pursuant to, to enforce or to construe this Agreement shall be brought and defended in the Circuit Court for the County of Multnomah, State of Oregon, or the Federal Court for the District of Oregon.