April NewsletterApril 17, 2014

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Welcome-to-Florida-Sign

Florida Joins the Drivewyze Network with 20 New Sites

Truckers traveling through Florida are now eligible to receive bypasses at 20 new Drivewyze sites. The addition of Florida brings the total number of bypass eligible sites up to 292 in 21 states nationwide.

View the Drivewyze Coverage Map

 rand-aprilnewsletter

Rand McNally and Drivewyze to Join Forces

Rand McNally has announced that it has signed an agreement with Drivewyze Inc. to provide the Drivewyze “PreClear” weigh station bypass service for Rand McNally’s suite of mobile fleet management devices. Rand McNally’s HD 100, TND™ 760, and TPC 7600 devices will also notify drivers two miles out from a permanent weigh station or temporary inspection site.

Read More

Playstore 5 Bypass

Is Bypass Technology Worth It?

With the flood of new technology available to truckers, it’s tough to know which services provide real value. Want to know what other truckers think about bypass services? Check out this review on trucker.com to find out.

Read the Review

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Overdrive’s OTR Digital Toolkit Lists Drivewyze in Top 10 Business Apps

Overdrive magazine has put together 103 of the best digital resources to help truckers enjoy life while on the road – and Drivewyze made the list!

Read More

 Fleet

Drivewyze for PeopleNet ELDs Featured in FleetOwner Magazine

PreClear, a subscription-based inspection site and weigh station bypass application from Drivewyze, is now available on PeopleNet onboard telematics platforms, the companies announced. A complementary cost-analysis tool, nationwide weigh station Heads Up notifications, and a bypass subscription option are included.

Read More.

*Copyright Penton, 2014. Used with permission.

FleetOwner Magazine Talks About Drivewyze for PeopleNetApril 17, 2014

Inspections – All in one. Cloud Based Bypass Available to PeopleNet Users

March, 2014

via FleetOwner Magazine, fleetowner.com

 

PreClear, a subscription-based inspection site and weigh station bypass application from Drivewyze, is now available on PeopleNet onboard telematics platforms, the company announced. A complementary cost-analysis tool, nationwide Weigh Station Head Up notifications, and a bypass service subscription option are included.

“Drivewyze PreClear can help our customers achieve greater business efficiencies,” said Elise Chianelli, PeopleNet product manager of safety and compliance. “Its powerful weigh station cost-analysis tool calculates the real costs of unplanned delays at weigh stations and helps determine ROI for bypass services.”

PreClear is available on both the PeopleNet Tablet in-cab PC and BLU.2 platforms.

Read the full article in PDF.

Copyright Penton,  2014. All rights reserved. Reprinted with permission.

Company Driver Showcases Drivewyze Mobile TechnologyApril 11, 2014

Drivewyze Provides Weigh Station Bypass Through Mobile Technology

April, 2014

via Company Driver Magazine, randallreilly.com

 

Alan Germain figures the safety performance of the company to which he’s leased as an owner-operator, and his own safety record make him just the kind of driver state and federal vehicle inspection officers would rather not waste time inspecting.

With the Drivewyze PreClear vehicle inspection and weigh station bypass application installed on his Apple iPhone 5S and iPad, inspection officers in states offering the mobile-based inspection bypass service can concentrate their attention on drivers who need closer scrutiny.

 

Click here to read the full article in PDF.

 

Reprinted with the permission of Randall Reilly.

Overdrive’s OTR Digital Toolkit Lists Drivewyze in Top 10 Business AppsApril 11, 2014

The OTR Digital Toolkit

March, 2014

via Overdrive, overdriveonline.com

 

It doesn’t take much time browsing the Internet with any device to realize there’s an intimidating jungle of data available. Yet when you’ve got a sudden need, you want that information fast. In simple form. Free, or at least cheap. Our editors have scoured what’s available in terms of websites, online software, smartphone apps, podcasts, email newsletters, social media and blogs. In this roundup we list 103 of the best sources to help you run your business and enjoy life while you’re on the road.

9. Drivewyze, drivewyze.com, Android, iOS

This company’s PreClear weigh station bypassing service is managed from operators smartphones or from Zonar and/or PeopleNet tablet technologies. In February, Utah became the 20th state to roll out functionality at some of its sites.

 

 Read the full article here.

 

DAT Freight Talk Blog: Drivewyze Makes Bypass EasierApril 11, 2014

New Tech Makes Weigh Station Bypass Easier

March 14, 2014

via dat.com

 

It wasn’t that long ago all phone calls were made from stationary phones hard wired in your home or office. Today, we take cell phones and smartphones for granted. While they help everyone from truck drivers to fleet managers stay connected, they also offer a new way of gaining weigh station bypasses.

Instead of traditional transponders, new Commercial Mobile Radio Service (CMRS) transponder technology uses cellular phones and the cellular network to transmit bypass requests from permanently installed in-truck devices as well as mounted tablets and smartphones. Currently, the technology is offered at 270 weigh station or inspection sites in 20 states by Drivewyze. It also provides a free “heads-up” alert when approaching other weigh stations across the United States.

How One Driver Saved $8,800
Mike Shatney, an owner operator since 2006 with his own authority, has witnessed what mobile-based inspection bypass can offer. Shatney, who hauls milk throughout the eastern seaboard, had a pull-in rate of just 3 percent over the last year – 1,053 bypass opportunities with 1,021 granted.

To read the  article in full, click here.

Florida Becomes 21st State to Offer Drivewyze PreClear Bypass ServiceApril 8, 2014

 

FOR IMMEDIATE RELEASE
TRUCKERS CAN NOW USE DRIVEWYZE WEIGH STATION BYPASS AT 20 FLORIDA SITES

Florida Becomes 21st State to Offer Drivewyze PreClear Bypass Service

BURLINGAME, Calif., April 8, 2014 Drivewyze announced that Florida has become the 21st state to offer the Drivewyze PreClear bypass service. Drivewyze PreClear uses electronic on-board devices, including Electronic Logging Devices (ELDs), tablets and smartphones, to provide commercial vehicles with inspection site bypass opportunities.

“The Florida Department of Transportation joins agencies from 20 other states in recognizing the benefits of Commercial Mobile Radio Service (CMRS) transponder technology,” said Brian Heath, president of Drivewyze. “Since Florida is the fourth largest state in terms of population, and has so many deep-water seaports, its addition represents a big step forward in the expansion of Drivewyze PreClear service across the country.

“Truckers driving on major trade corridors in Florida – particularly U.S. Interstates 10, 75 and 95, with Drivewyze PreClear will find more bypass opportunities along their routes,” Heath said.

According to Heath, Drivewyze is operational at 20 fixed interstate locations in Florida, including the northbound and southbound Flagler weigh stations near mile marker 286 on I-95; the northbound and southbound White Springs weigh stations near mile marker 443 on I-75; and the eastbound and westbound Pensacola weigh stations near mile marker 3 on I-10.

A map with all of the active weigh stations in Florida and across the country is available on the Drivewyze web site: http://drivewyze.com/coverage-map/. The service officially went live on April 8.

“Nearly $500 billion worth of originating freight moves each year through the Sunshine State from aggregate mines, citrus groves and seaports to cement plants, warehouses and distribution centers across the state, around the region and throughout the country,” Heath said. “Drivewyze PreClear offers safe truck operators and fleets more bypass opportunities to keep that freight moving, and it provides vehicle enforcement officers a cost-effective tool to concentrate their efforts on those truck operators who require additional scrutiny.”

Not only can Drivewyze help keep trucks moving, but it can also save operators time and money. An FMCSA study showed a single bypass made for several minutes can save $8.68 in lost time and fuel costs.

Elise Chianelli, PeopleNet product manager of safety and compliance, said PeopleNet’s users know the value of weigh station bypass, or at least they can find out by using the Drivewyze PreClear Analytics Services, a complimentary weigh station cost-analysis tool to calculate the ROI for a bypass service. PeopleNet, a leading provider of fleet mobility technology, recently began offering the Drivewyze PreClear weigh station bypass application on its onboard devices following a successful beta test.

“As our users realize the possible savings from avoiding unplanned weigh station delays, the optional Drivewyze PreClear bypass service becomes a compelling service to add,” Chianelli said.  “Now that it’s being offered in Florida, Drivewyze becomes even more compelling.”

Heath said Drivewyze should help Florida ease traffic congestion, particularly on its busiest highways. The average amount of freight traffic moving on state and federal highways in the Sunshine State can be as high as 33 percent of total traffic, according to the Florida Department of Transportation (DOT). The national average is about 12 percent.

“The Drivewyze bypass program can also help Florida manage an expected 60 percent increase in the amount of freight moving by truck on state and federal highways in Florida over the next 26 years while benefitting the trucking industry as well as public safety,” Heath said. “The completion of the Panama Canal expansion project is also a catalyst when larger post-Panamax ships start unloading at Florida seaports by 2016.”

Drivewyze leverages cellular networks and the internet to add transponder-like functionality to tablets, smartphones and select electronic on-board recorders. Unlike traditional methods that use dedicated short-range communication transponders in every truck, Drivewyze doesn’t require the installation of additional equipment.

With the addition of Florida, Drivewyze PreClear is now available at nearly 300 locations in 21 states.

The Drivewyze PreClear weigh station bypass application can be used on Android and iOS-based tablets or smartphones, and is integrated into PeopleNet Blu.2 and Tablet devices. It is also available on the new Zonar 2020 device. Rand McNally and Drivewyze recently announced an agreement to provide the Drivewyze “PreClear” weigh station bypass service for Rand McNally’s suite of mobile fleet management devices. Drivewyze PreClear 3.0, the newest version of the weigh station application, comes with Weigh Station Heads Up service for real-time notifications for more than 600 weigh stations and inspection sites nationwide.

While the Drivewyze PreClear heads-up service is free, the bypass service is subscription-based and starts at $15.75 per vehicle per month with free trial offers and volume discounts available.

About Drivewyze Inc.

Drivewyze Inc. is the smart mobility services company for the transportation industry. Drivewyze and its sister company, Intelligent Imaging Systems Inc., are on a mission to revolutionize the delivery of highway safety and transportation management through world-class products, systems and services. Drivewyze serves commercial drivers and fleets with innovative trucking apps such as Drivewyze Weigh Station Heads Up and Drivewyze PreClear Bypass service. Learn more about Drivewyze at www.drivewyze.com.

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Click Here for the PDF

Contacts:

 

Gregory Van Tighem

vantighem@siefkespetit.com

(425) 392-2611

 

Doug Johnson

djohnson@drivewyze.com

780-461-3355 Ext. 254

Trucks at work: Bypass technology-worth it? A review by trucker.comMarch 27, 2014

Trucks at work: Bypass technology-worth it?

March 24, 2014

by Sean Killcarr, via Trucker.com

There’s a veritable flood of technology available to truckers these days, capable of providing all sorts of different services: Remote diagnostics, electronic toll transponders, and any number of onboard telematics systems.

Then there are weigh station bypass systems; another technological offering that’s been recently getting more attention from the trucking community, not only in terms of helping them skip weigh-in’s with state authorities but avoid the inspection lane at such facilities as well.Of course, the makers of such wonderful digital wizardly do nothing but praise the benefits of such technology … yet what do truckers, particularly truck drivers, think of such systems? It’s a fair question, too, as many carriers are finding that many of their employees – drivers included – often view bypass technology as well as other newfangled systems with a hefty dose of suspicion.

I myself took a look bypass technology in action during a demonstration conducted by Drivewyze in Maryland last summer.The system seemed – and still seems – to offer a lot of promise for trucking businesses, but do big rig operators agree? Is such bypass technology “worth it” in their opinion? Well, one owner-operator on the East Coast thinks so, and while some may or may not agree with his conclusions, his experience with Drivewyze’s mobile-based inspection technology offers food for future thought nonetheless.

Chris Davis – a 15-year truck driving veteran – usually hauls general freight, mostly containers unloaded at ports, in the Southeast and Northeast along the Interstate 95 corridor with his 1999 mid-roof sleeper Freightliner equipped with a 500-hp Detroit engine. Davis says he’s able to average 7.5 miles per gallon when pulling a 43,000-lb. load, but frequent stoppages – especially at weight stations and for inspections – can impact his fuel-sipping ways.

“When I’m traveling on Interstates 85 and 95, I usually pass weigh scales several times a day,” he explained. “Before I started using Drivewzye, I had to pull in at least once – sometimes twice – a day for an inspection. That was frustrating for me since I operate a safe vehicle.”

To read the  article in full, click here.

Rand McNally Devices To Integrate with Drivewyze PreClear ServiceMarch 24, 2014

GRAPEVINE, Texas, March 24, 2014 –Today Rand McNally announced that it has signed an agreement with Drivewyze Inc. to provide the Drivewyze “PreClear” weigh station bypass service for Rand McNally’s suite of mobile fleet management devices. The Drivewyze PreClear service enables commercial truck drivers to clear weigh station requirements before reaching a location, thereby deferring stops and bypassing weigh stations up to 98% of the time depending on the operator’s safety score1.

As a truck approaches a weigh station, safety-related data are communicated in real-time. If the vehicle is not flagged for any service, safety or tax liability issues, the vehicle may be given a bypass and allowed to proceed along its route, reducing weigh station overcrowding and saving the driver time, fuel, and money.

Each bypass saves a fleet approximately $8.68 according to a study by FMSCA.  Fleets or owner operators using the service on average receive a 50% bypass rate with the safest fleets achieving a 98% bypass rate.

“We continue to seek market-leading technology partners to extend the value proposition of our mobile communications devices,” said Jim Rodi, Senior Vice President, Mobile Communications Group, Rand McNally. “The Drivewyze PreClear system drives efficiencies for our customers as well as the entire transportation infrastructure by allowing compliant vehicles to reduce unnecessary time spent at weigh stations.”

Using cellular service from Rand McNally’s HD 100, TND™ 760, and TPC 7600 devices, the Drivewyze PreClear subscription service will notify drivers two miles out from an impending permanent weigh station or temporary inspection site. Based on the standards set by state law enforcement, drivers will receive permission one mile out to either bypass or pull into the station. This allows state inspectors to focus their attention on the potentially hazardous fleets and drivers while allowing those who are compliant to proceed through to their destinations.

“Drivewyze PreClear is the first weigh station bypass solution that directly integrates with existing in-vehicle technology. There’s no need to deal with the hassles of additional hardware,” said Brian Heath, President and CEO, Drivewyze. “Now Rand McNally’s customers can leverage the technology they’ve already invested in to achieve additional efficiencies and savings from the revolutionary TND™ and HD 100 technology.”

As of mid-March 2014, PreClear is available for bypass at 272 locations in 20 states. Heath said that Drivewyze is aiming for full U.S. coverage in 2014.

Available to Rand McNally’s existing customers, PreClear will be delivered via an over-the-air software download; new customers will have PreClear capabilities loaded on device at time of shipment. The PreClear functionality will be made available with a monthly subscription fee program.

For more information on Rand McNally’s mobile fleet management services, call 1-800-789-6277 or visit randmcnally.com/fleet.

1 Drivewyze, Inc.

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About Rand McNally – Rand McNally is the country’s most trusted source for maps, navigation, and travel content. For more than 75 years, Rand McNally has been an innovator in the Commercial Transportation market – from providing mileage and routing software, to truck navigation and E-Logs to mobile fleet management solutions. Learn more at randmcnally.com.

IntelliRoute, Rand McNally, and the globe logo are registered trademarks and TND is a trademark of RM Acquisition, LLC d/b/a Rand McNally.

About Drivewyze, Inc. – Drivewyze Inc. is the smart mobility services company for the transportation industry. Drivewyze and its sister company, Intelligent Imaging Systems Inc., are on a mission to revolutionize the delivery of highway safety and transportation management through world-class products and services. Drivewyze serves commercial drivers and fleets with innovative trucking apps such as Drivewyze Weigh Station Heads Up and Drivewyze PreClear Bypass service. Learn more about Drivewyze at www.drivewyze.com.

March NewsletterMarch 14, 2014

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Marty2

Owner-Operator Marty Lester Wins Drivewyze “Download, Drive and Win” Contest

Marty Lester almost deleted $1,200 from his inbox. Fortunately he remembered the ‘Download, Drive and Win’ contest that gave all users an entry to the contest with every weigh station notification they received using Drivewyze’s weigh station alert mobile app. Learn more about the 47-year-old father of four, and what he intends to do with the money he won. And, find out how the Drivewyze app is helping him avoid waits at weigh stations after he signed up for the bypass service.

Read more about Marty

 Drivewyze Android icon_Android Icon 512px x 512px

Drivewyze Offers Free Nationwide Weigh Station Alerts with New Version of PreClear

Drivewyze now offers free nationwide weigh station and inspection site alert service following the recent launch of PreClear 3.0, the newest version of its weigh station app.

By downloading this free app from the Google Play store onto their Android smartphones or tablets, drivers will receive advance notice of upcoming weigh stations and inspection sites, so they have time to prepare. If you know someone who might want to try the free Drivewyze Weigh Station Heads-Up service, let them know they can download the free app and use it immediately without any obligation or time limits. And they don’t have to create accounts to access the free weigh station notification service.

Read More

Drivewyze Sign

Drivewyze Now at 270 Sites, Including 7 in Utah

Drivewyze mobile-based bypass services are now available at 7 sites in Utah. The sites officially went live at the end of January.

See Coverage Map

reduce-costsASK

Drivewyze PreClear Now Available on PeopleNet Onboard Telematics Platforms

The Drivewyze PreClear weigh station bypass application is now available on PeopleNet onboard devices with a complimentary weigh station cost-analysis tool, nationwide Weigh Station Heads Up notifications, and a bypass service subscription option. Drivewyze and PeopleNet®, a leading provider of fleet mobility technology that optimizes performance and decision-making management, announced the Drivewyze PreClear availability in February.

Read More

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Drivewyze’s Leo Jolicouer Appears in Food Logistics’ Fleet Manager’s Guide

Leo Jolicoeur, vice president of sales and marketing for Drivewyze, discusses how  handling temperature-sensitive, perishable freight makes dealing with new federal regulations, like the new hours-of-service rules that came into effect last year, even more challenging.

Jolicouer was one of several managers and executives Food Logistics editor Lara Sowinski asked for their perspectives on the marketplace and how they’re helping fleet managers stay more competitive and compliant with state and federal regulations. Their responses appeared in the annual Fleet Manager’s Guide published in the January-February 2014 issue of Food Logistics.

Read More

weighstation

FleetOwner Features Drivewyze Customer Jim Beam Brands-Maine

Fleet Owner magazine featured Drivewyze and Jim Beam Brands-Maine in a technology feature in the February 2014 issue entitled “Saving hours.” The following is an excerpt*.

Company: Jim Beam Brands-Maine, Lewiston, ME.

Operation: Dry van, private fleet of eight tractors primarily delivering finished products such as vodka and rum and backhauling raw materials and other loads for a Lewiston, ME, plant and other shippers.

Problem: Stopping at weigh stations always meant delays, but when the new hours-of-service (HOS) requirements went into effect, those delays further impacted productivity and increased costs for the Jim Beam Brands-Maine fleet, according to Harold Jones, the company’s traffic manager….

To view the rest of the story, please visit http://fleetowner.com/technology/saving-hours

*Copyright Penton, 2014. Used with permission.

Drivewyze’s Leo Jolicouer Appears in Food Logistics’ Fleet Manager’s GuideMarch 14, 2014

Drivewyze’s Leo Jolicouer Appears in Food Logistics’ Fleet Manager’s Guide

Leo Jolicoeur, vice president of sales and marketing for Drivewyze, discusses how  handling temperature-sensitive, perishable freight makes dealing with new federal regulations, like the new hours-of-service rules that came into effect last year, even more challenging.

Jolicouer was one of several managers and executives Food Logistics editor Lara Sowinski asked for their perspectives on the marketplace and how they’re helping fleet managers stay more competitive and compliant with state and federal regulations. Their responses appeared in the annual Fleet Manager’s Guide published in the January-February 2014 issue of Food Logistics.

“Customers, including those in the food logistics business, have told us that their fleets’ operating costs have increased, their fleet miles have dropped, and delivery delays have increased following the implementation of the new hours-of-service rules,” Jolicouer told Sowinski. That’s why having a service like Drivewyze, which reduces potential delays at weigh stations, has become an important strategy for fleet managers in the food logistics segment.

View the PDF here

MENU

Drivewyze Service Agreement

This Drivewyze Inc. (?Drivewyze?) Service Agreement (?Agreement?) authorizes Customers and Drivers to access and use Services solely in accordance with the terms and conditions of this Agreement.

  1. EFFECTIVE DATE: This Agreement shall not be effective until Drivewyze receives all required application information and Drivewyze accepts Customer?s application. Customer?s rights under this Agreement and rights to use the Services are subject to Customer?s compliance with all applicable laws and the terms and conditions of this Agreement.
  2. DEFINTITIONS. ?Customer? means either an approved motor carrier that has Drivers who have downloaded Software where such carrier has subscribed to Services, or individual Drivers who have downloaded Software and subscribed to Services. ?Driver? means either an individual vehicle driver that is also a Customer, or those vehicle drivers authorized by a Customer to drive under such Customer?s DOT number. ?License Agreement? means the license agreement entered into by a Customer or Driver when downloading the Software. ?Services? means the provision of access to and the right to use the functionality and services included as part of Drivewyze?s programs, as described at www.drivewyze.com, and support for use of the Software and Services as set out in Drivewyze?s Support Policy found at www.drivewyze.com, which is hereby incorporated into this Agreement by this reference. ?Service Sites? means federal, state or provincial sites, including but not limited to open weigh stations, ports-of-entry, temporary inspection sites, mobile inspection sites, agricultural interdiction facilities, and other sites monitored by government agencies at which the Services may be utilized. ?Software? means Drivewyze software downloaded by the Customer or a Driver for use pursuant to the License Agreement.
  1. CUSTOMER OBLIGATIONS: Customer agrees, and where Customer is not an individual Driver, shall cause its Drivers to agree :

a. To authorize Drivewyze to acquire and periodically reconfirm information from government agencies, leasing companies, and/or third party credential processors concerning registration, permits, licenses, inspections, taxes and any other credentials, including but not limited to all carrier, vehicle and driver information required to support bypass services. Customer authorizes, and shall ensure each of its Drivers authorizes, Drivewyze to collect, disclose and use such information, and Customer on behalf of itself and its Drivers authorizes government agencies and other entities to release without restriction or liability all such information to Drivewyze.

b. To authorize Drivewyze to submit Customer?s carrier, vehicle, and Driver information to participating government agencies for use in providing Services.

c. To obtain permission from the lessor to electronically screen the vehicle credentials when the Customer is leasing a vehicle in which Software has been downloaded to a device.

d. To use the lanes designated as Drivewyze Service Site lanes, where available, when approaching a Drivewyze Service Site.

e. To obey all applicable federal, state and provincial laws and regulations, including those governing eligibility for bypass at Drivewyze Service Sites, including criteria regarding vehicle configuration, content and weight. The approved users will be signaled when authorized to bypass by either/or both an audible beep and visual ?Bypass? message and a green light, approximately one mile in advance of the Service Site. Absent this bypass authorization, the user will receive either/or both an audible beep and a visual red light, and possibly either a “Follow Road Signs” message or a ?Follow Transponder? message, depending on their device of usage. Customer agrees to follow the posted signage and/or directions of law enforcement in the event of a red light and/or a ?Follow Road Signs? message. Customer agrees to defer driving decision to signals received from in-cab transponder in the event of a ?Follow Transponder? message, where applicable.

f. That Customer and its Drivers may utilize the Software and Services with another transponder in the vehicle, but must notify Drivewyze of transponder program identification at registration or at time of alternate transponder activation. This notification allows Drivewyze to configure application to defer in-cab signaling priority to transponder with ?Follow Transponder? message at applicable transponder program sites. Customer agrees in the event of any conflicting messages/signals between the Software or Services and another in-cab transponder, to follow road signs and report to inspection site. Customer must notify Drivewyze of any message conflicts between the Software or Services and an alternate in-cab transponder so that they can be resolved in the Drivewyze system.

g. To pay such service charges as are established by Drivewyze for each vehicle registered, and all applicable taxes. The Customer shall be responsible to pay all taxes and government charges attributable to the purchase, licensing or use of the Services or Software.

h. To pay all invoices including Drivewyze fees within thirty (30) days of receipt, or as otherwise provided in this Agreement. Any balance outstanding over 30 days is delinquent and can result in suspension by Drivewyze of the Customer?s use of the Software and Services and, to the extent permitted by applicable law, is subject to interest equal to prime rate + 2% per month (based on the prime rate published by the Wall Street Journal on the date such amount became outstanding), and any discounts offered will be void. After two delinquencies in any calendar year, Drivewyze may require Customer to establish electronic means of payment.

i. To review invoices promptly and notify Drivewyze if there are any questions regarding Customer?s charges. If Drivewyze is not notified in writing within thirty (30) days of invoice date, all charges will be deemed to have been accepted by Customer.

j. To pay a $25.00 US charge for each invalid check or payment Customer?s bank returns.

k. To report in a timely manner changes relevant to Customer?s Drivewyze account, including company name or ownership, mailing address, telephone number, vehicles enrolled in Drivewyze, license plate numbers, any and all change of credentials, applicable credit card numbers and expiration date, and other account information. The Customer shall keep Drivewyze updated with all information regarding all vehicles permitted to drive under the Customer?s Department of Transportation (?DOT?) number. In the event that a vehicle is no longer approved to drive under the Customer?s DOT number, Customer must remove said vehicle from their list of registered vehicles with Drivewyze. The Customer shall immediately inform Drivewyze if a Driver is driving under a different DOT number, and to provide evidence from the owner of such DOT number that the Driver is entitled to drive under such DOT number

l. Not to use the Software or Services in any vehicle other than an approved vehicle registered with Drivewyze.

m. Not to access or attempt to access any other Drivewyze systems, programs or data that are not made available for public use.

n. Not to copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Drivewyze website, except as authorized in writing by Drivewyze.

o. Not to rent, sell, lease, lend, redistribute or sublicense the Software or permit any third party to benefit from the use or functionality of the Software or, Services via a rental, lease, timesharing, service bureau, or other arrangement.

p. Not to use the Software or Services on any compatible device that Customer does not own or control.

q. Not to assign, sublicense or otherwise transfer any of the rights granted to Customer under this Agreement.

r. Not to copy (except as expressly permitted by this Agreement or the License Agreement), modify, or create derivative works of the Software or Services.

s. Not to work around any technical limitations in the Software or Services, or use any tool to enable features or functionalities that are otherwise disabled in the Software or Services, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law or by licenses with respect to open source software included with the Software.

t. Not to perform or attempt to perform any actions that would interfere with the proper working of the Software or Services, prevent access to or the use of the Software or Services by Drivewyze’s other licensees or customers, or impose an unreasonable or disproportionately large load on Drivewyze’s infrastructure.

u. Not to otherwise use the Software or Services except as expressly allowed under this Agreement.

  1. DRIVEWYZE OBLIGATIONS: Drivewyze agrees:

a. To authorize Customer vehicles to receive and use the Services at participating Service Sites subject to continued compliance with eligibility requirements required by Drivewyze or applicable governmental authorities.

b. To assess fees for each account based on the number of vehicles registered with Drivewyze and the service tier utilized by each vehicle found at www.drivewyze.com (?Pricing Schedule?) which is incorporated by reference in to this Agreement.

c. That fees and other charges for Services, are billed one month in arrears in accordance with the Pricing Schedule, except for prepay Customers.

d. To provide Customer service and account information in at least one of two ways:

1) by telephone at 1-888-988-1590

2) through online access at www.drivewyze.com

  1. NO BYPASS GUARANTEE: Drivewyze does not guarantee, represent or warrant that legally operating vehicles will be allowed to bypass a participating facility. Bypass criteria are determined by the law enforcement agencies of each participating state/provincial jurisdiction. In general, the better a carrier/vehicle/driver safety history and conformance with credentials requirements, the higher the bypass rate. Random pull-ins are a standard feature of the Services and of government agency and law enforcement efforts, and each site has the option to require all vehicles to pull-in for special enforcement efforts. Drivewyze is not and cannot be responsible for the actions of any law enforcement agency.
  1. CANCELLATION: Customer may terminate this Agreement and discontinue Customer?s access to Services by informing Drivewyze in writing or via client web portal. Drivewyze may immediately terminate this Agreement or suspend or cancel Customer?s participation in Drivewyze if a Customer fails to continue to meet program eligibility requirements, or is in breach of a material term of this Agreement. Drivewyze may terminate this Agreement and Customer?s access to and use of the Services at any time for any reason by providing thirty (30) days notice to Customer. Drivewyze will not refund amounts less than $25.00US unless requested by Customer, nor if the account has been placed with collections.
  1. RELEASE & INDEMNITY: Customer hereby releases Drivewyze from all loss, damage or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or receipt of Software or Services by Customer or any of its Drivers. Customer shall defend, indemnify and hold Drivewyze and its affiliates harmless from and against any and all claims, losses, liability costs and expenses (including attorneys’ fees) arising from: (i) any violation of this Agreement, the License Agreement, or of any state, provincial or federal laws or regulations, by Customer, or by Customer?s users or Drivers; (ii) any use of the Software or Services by Customer or its users or Drivers, including any death, injury or property damage resulting from any such use; (iii) any tickets, infractions, penalties or accidents arising from any use of vehicles by Customer or its affiliates, or their Drivers; (iv) any infringement or misappropriation of a third party’s copyrights, patents, trade secrets or other intellectual property rights, or any violation of any proprietary right or invasion of any privacy rights; (v) any Data (as defined below) or any failure by Customer to obtain consents from Drivers, or to cause Drivers to consent for the collection, use and disclosure of Data, or other information or data in accordance with this Agreement; or (vi) any failure by Customer to pay or remit applicable taxes or charges in accordance with this Agreement.
  1. DISCLAIMER: CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE AND SERVICES IS AT CUSTOMER?S SOLE RISK. THE Software AND Services ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEWYZE, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL GUARANTEES, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE Software OR Services, INCLUDING THOSE OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. DRIVEWYZE DOES NOT WARRANT OR REPRESENT THAT THE Software AND Services ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, IDENTITY THEFT, THREAT OF HACKERS, OTHER SOFTWARE OR SERVICE LIMITATIONS, THAT DEFECTS IN THE Software OR Services WILL BE CORRECTED, OR THAT THE SoftwareAND Services WILL MEET CUSTOMER?S REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. IN THAT EVENT, ANY IMPLIED WARRANTIES OR REPRESENATIONS ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE Software, OR Services, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
  1. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF DRIVEWYZE AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE Software AND Services GIVING RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEWYZE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOSS OF PROFITS OR OTHER ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DRIVEWYZE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DRIVEWYZE AND CUSTOMER. DRIVEWYZE WOULD NOT BE ABLE TO HAVE PROVIDED THE SOFTWARE OR THE SERVICES WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO CUSTOMER. CUSTOMER AND ITS DRIVERS AND USERS SHALL BE RESPONSIBLE FOR ALL LIABILITIES ARISING FROM ITS USE OF THE SOFTWARE AND SERVICES, INCLUDING ANY TICKETS, INFRACTIONS, PENALTIES OR ACCIDENTS ARISING FROM ANY USE OF VEHICLES BY CUSTOMER OR ITS DRIVERS OR USERS.
  1. CHANGES TO AGREEMENT: Drivewyze shall have the right, in its sole discretion and with reasonable notice posted on the Drivewyze website, www.drivewyze.com, and/or sent to Customer?s email address provided in registering for the Service, to revise, update, or otherwise modify the Services or Software and establish or change limits concerning use of the Software or Services, temporarily or permanently. Drivewyze reserves the right to make any such changes effective immediately to maintain the security of the system or Customer?s information or to comply with any laws or regulations, and to provide Customer with electronic or written notice within thirty (30) days after such change. Customer may reject changes by discontinuing use of the Software and Services to which such changes relate, or if an update to the Software is provided, by rejecting the downloading of such update. Drivewyze reserves the right to terminate this Agreement by providing thirty (30) days written notice at any time if Customer rejects such update. Customer?s continued use of the Software and Services, or downloading of an update will constitute Customer’s agreement to such changes. Drivewyze may, from time to time, perform maintenance upon the Software or Services resulting in interrupted service, delays or errors in the Software or Services. Drivewyze will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided. Drivewyze may update Customer?s status under different tiers of Service at any time by providing notice to Customer.
  1. DATA PRIVACY:

a. Drivewyze shall collect, use and disclose information concerning the Customer, its account, and its use of the Software and Services solely for the purpose of offering, maintaining and improving the Software and Services, or as otherwise permitted in this Agreement, all in accordance with Drivewyze?s Privacy Policy found at www.drivewyze.com, which is hereby incorporated into this Agreement by this reference.

b. Customer agrees to allow Drivewyze to provide information required as part of the Services to any and all government agencies responsible for commercial vehicle law enforcement.

c. Registration Data: Customer must register to use the Software and Services other than in Demo Mode. Customer must provide true, accurate, current and complete information as prompted by the interview sign-up process (the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If Customer provides any Registration Data that is inaccurate, not current or incomplete, or Drivewyze has reasonable grounds to suspect is inaccurate, not current or incomplete, Drivewyze may, in its sole discretion, suspend or terminate Customer?s account and refuse any and all current or future access to and use of the Software or Services (or any portion thereof).

d. Customer Access Information: ?Customer Access Information? means Customer?s access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by Customer to access the Software, Services and Customer?s financial institution accounts. Customer is solely responsible for: (i) maintaining the confidentiality and security of Customer Access Information. Customer will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data (“Communications”) entered using the Customer Access Information. Drivewyze assumes that any Communications it receives through use of the Customer Access Information were sent or authorized by Customer. Customer agrees to immediately notify Drivewyze if Customer becomes aware of any loss, theft or unauthorized use of any Customer Access Information. Drivewyze reserves the right to deny Customer access to the Software or Services (or any part thereof) if Drivewyze reasonably believes that any loss, theft or unauthorized use of Customer Access Information has occurred. Customer must inform Drivewyze of, and hereby grants to Drivewyze permission to use, Customer Access Information to enable Drivewyze to provide the Services to Customer, including updating and maintaining Event Data, addressing errors or service interruptions, and to enhance the types of data and services Drivewyze may provide to Customer in the future.

e. Event Data: ?Event Data? means information, files or data that is collected and stored in using the Software or Services, including user name, password information, vehicle information, location , device platform, Software version, network provider. Customer shall prevent unauthorized access to or use of the Event Data. Customer authorizes Drivewyze to collect and use the Event Data, and to combine Customer?s Event Data with that of others in a way that does not identify Customer or any individual personally, to improve services and to compare spending practices with others with similar spending habits. ?Data? means Registration Data, Customer Access Data, and Event Data.

f. Customer agrees to allow Drivewyze to report information about Customer?s account to credit bureaus and to search Customer?s credit rating and history with credit bureaus. Late payments, missed payments, or other defaults on Customer?s account may be reflected in Customer?s credit report.

g. Customer agrees to allow Drivewyze to use Customer?s data that is not personal information for its own purposes including the use of producing anonymous data for use in related services.

h. Customer agrees to allow Drivewyze to include Customer in a national bypass rate information services that will include only carrier names and effective bypass rates calculated for each participating jurisdiction and averaged nation-wide. Customer will be given access to their specific bypass rate.

  1. COMMUNICATIONS:

Direct all correspondence and questions to:

support@drivewyze.com

  1. CONFIDENTIALITY:

Customer shall not disclose to any third party any item or information provided by Drivewyze to Customer that is marked CONFIDENTIAL. Drivewyze shall not disclose to any third party any information collected from Customer, nor any report generated by Drivewyze for the benefit of Customer, except as necessary to fulfill its obligations under this Agreement, comply with applicable law or as otherwise described in this Agreement or the Privacy Policy.

  1. GENERAL:

This Agreement and documents referenced in this Agreement constitutes the entire understanding of the parties concerning the subject matter of this Agreement and supersedes all prior written or oral understandings. No delay or failure by Drivewyze to exercise any right under this Agreement, and no partial or single exercise of that right, nor acceptance of a partial payment, or the waiver of condemnation of any breach or default, shall constitute a waiver of that or any other right, unless otherwise expressly provided. The suppliers, agents, employees, distributors, and dealers of Drivewyze are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Drivewyze. Any waiver of the terms herein by Drivewyze must be in writing and signed by an authorized officer of Drivewyze and expressly reference the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement will be governed by Delaware law as applied to agreements entered into and to be performed entirely within Delaware, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods is disclaimed by the parties does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in the State of Delaware or federal court for the District of Delaware. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” Notices under this Agreement may be sent via email to Drivewyze to following email address support@drivewyze.com and to the Customer at the email address provided by Customer when registering for the use of the Services.

last updated 7/31/12