We offer you the services of Fleetrock, LLC ("Fleetrock", "us", "we", or "our") on the condition that you agree to the following terms:
Acceptance
The following legal terms govern your use of this app/website, including the general information, fleet management tools, materials and documents made available to you directly on this app/website or via API (the "Materials") by Fleetrock. BY USING THIS APP/WEBSITE, YOU AGREE TO ALL TERMS CONTAINED OR REFERENCED HEREIN (THE "TERMS OF USE").
Please review these terms carefully. If you do not agree to these Terms of Use, you may not use this app/website, or the Materials.
We reserve the right, at our discretion, to update or revise these Terms of Use at any time. Please check the Terms of Use periodically for changes. Your continued use of the app/website or Materials following the posting of any changes to the Terms of Use constitutes your acceptance of those changes.
Privacy Policy
Please refer to our
Privacy Policy for information on how Fleetrock collects, uses and discloses personally identifiable information from users.
Proprietary Rights
You acknowledge and agree that the Fleetrock app/website and Materials are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. Except as provided herein, no portion of the Fleetrock app/website or Materials, including the data contained in the Materials, may be reproduced or distributed in whole or in part unless expressly authorized by Fleetrock in writing. The Fleetrock name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of Fleetrock. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any Fleetrock or third-party trademarks or logos without the prior written consent of Fleetrock or the applicable trademark owner.
License to App
Provided you comply with these Terms of Use, Fleetrock grants you a nonexclusive, non-transferable license to install and use the Fleetrock app you have downloaded solely for your personal non-commercial use. The app is licensed, not sold, to you under these Terms of Use.
License to Materials
Provided you comply with these Terms of Use, Fleetrock grants you a nonexclusive, non-transferable license to view and print the Materials solely for your own personal non-commercial use. You may also share Materials directly with another individual for that individual's personal non-commercial use.
Limitations on Use
You may not commercially exploit the Materials, this app/website, or the underlying data. Also, you may not modify or create derivative works of the Materials or this app/website, use any data mining, robots, or similar data gathering and extraction tools on the Materials or this app/website, frame any portion of the Materials or this app/website, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials or this app/website without the prior written consent of Fleetrock (except for your limited right to share Materials as stated above). You shall not derive or attempt to derive the source code or structure of all or any portion of the Materials or this app/website by reverse engineering, disassembly, decompilation or any other means. You shall use the Materials and this app/website for legal purposes only and shall not use them in any manner that violates the laws of any jurisdiction. You do not receive any, and Fleetrock and its licensors retain all, ownership rights in the Materials and this app/website. You may not alter or remove any copyright notice or proprietary legend contained in or on the Materials. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of Fleetrock or any third party, except for the right of use license expressly set forth herein.
Your License to Fleetrock
Should you provide Fleetrock with feedback, data, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and Fleetrock assumes no obligation to protect such information from disclosure. The submission of such information to Fleetrock shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Fleetrock for any purpose whatsoever and by such submission you (i) grant to Fleetrock the irrevocable right to reproduce, use, modify, disclose and distribute the information to others without restriction or compensation required, and (ii) warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of the information by Fleetrock will not infringe or violate the rights of any third party.
No Warranties
THIS APP/WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLEETROCK, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE APP/WEBSITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE APP/WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY FLEETROCK, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS APP/WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Fleetrock has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the app/website or Materials, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the app/website or Materials on any particular device or communications service. Fleetrock has no obligation to provide you with notice of any such changes.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FLEETROCK OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR RESELLERS (COLLECTIVELY, THE "FLEETROCK GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH THE USE (INCLUDING INABILITY TO USE) OF THIS APP/WEBSITE OR THE MATERIALS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE FLEETROCK GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE FLEETROCK GROUPS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE FLEETROCK GROUP IN CONNECTION WITH THE USE (INCLUDING INABILITY TO USE) THIS APP/WEBSITE OR THE MATERIALS EXCEED THE TOTAL SUBSCRIPTION AMOUNTS (IF ANY) YOU HAVE PAID TO THE FLEETROCK GROUP FOR THE SAME DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE FIRST DATE SUCH ALLEGED LIABILITY AROSE.
Without limiting the foregoing, under no circumstances shall the Fleetrock Group be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Subscriptions
Unless otherwise noted, all subscriptions will automatically renew at the end of the selected subscription period until cancelled. Subscriptions will be charged to the payment method specified by you in your account settings. Subscription fees will be billed on the first day of your subscription and any renewal period. Subscription fees are non-refundable unless required by law. We also reserve the right to issue refunds or credits at other times at our discretion. If we do issue a refund or credit, we are not obligated to issue the same or similar refund or credit in the future. We may change the subscription fees, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. You may update your payment information (including to change to a different payment method) in your account settings. Subscriptions can be cancelled at any time via your account settings. If you choose to cancel your subscription, you must do so at least 1 day before the next scheduled renewal to avoid being billed subscription fees for the next renewal term. Fleetrock may cancel your subscription at any time upon notice to you. In the event of a cancellation by Fleetrock or you, your subscription benefits will continue until the end of the current subscription term, unless these Terms of Use or your right to use the app/website are terminated sooner.
You authorize Fleetrock or its designated third-party payment processor to charge the payment method specified by you for the full amount of the subscription fees for the type of subscription selected by you.
You may contact Fleetrock regarding billing or other questions about your subscription at
www.fleetrock.com/contact.
API Restrictions and Responsibilities
Your Fleetrock subscription enables you to access and use the API, including to develop and implement web and software services, scripts and applications ("Fleetrock Applications") for your internal business purposes.
In order to use and access the API, you must obtain API credentials (a "Token") by creating a valid Fleetrock account and subscribing to the Materials. You may not share this Token and must keep this Token and all Login information secure. Your Token is the only means through which you are authorized to access the API. You may not use or access the API to obtain access to or extract any data stored or transmitted through Fleetrock other than your account data or to input data from any external source other than to your account.
You may not use the API to substantially replicate products or services offered by Fleetrock, including, without limitation, functions or clients on platforms (such as iOS or Android) where Fleetrock offers its own client or function. Fleetrock Applications may not use or access the API in order to monitor the availability, performance, or functionality of any of the API or Materials or for any similar benchmarking purposes.
You may not, under any circumstances, through a Fleetrock Application or otherwise, repackage or resell API data. You are not permitted to use or access the API in any manner that does or could potentially undermine the security of the Materials, the API or any data or information stored or transmitted using the Fleetrock platform.
You are solely responsible (and Fleetrock has no responsibility or liability of any kind), for the content, development, operation, or maintenance of Fleetrock Applications. Without limiting the foregoing, you will be solely responsible for (i) the technical installation and operation of your Fleetrock Applications; (ii) creating and displaying information and content on, through or within your Fleetrock Applications; (iii) ensuring that your Fleetrock Applications do not violate or infringe the Intellectual Property Rights of any third party; and (iv) ensuring that your Fleetrock Applications do not contain or introduce Malicious Software into the Materials, the API, or any data stored or transmitted using the Materials.
You must respect and comply with the technical and policy-implemented limitations of the API and the restrictions Fleetrock designs or informs you of in accessing or using the API or designing and implementing Fleetrock Applications. Without limiting the foregoing, you may not violate any explicit rate limitations on calling or otherwise utilizing the API.
To the extent you develop or implement Fleetrock Applications that transmit or otherwise use or access the API to transmit Materials outside of the Fleetrock platform, you will be responsible for any required notification to or consent of End Users that their data will be transmitted outside the Fleetrock platform. Fleetrock is not responsible for the privacy, security or integrity of Materials to the extent it is transmitted outside the Fleetrock platform by you or your Fleetrock Applications using the API.
Service & Vendor Agreements
For customers receiving managed maintenance, please refer to our
Services Agreement for additional terms.
For vendors providing maintenance services on behalf of Fleetrock, please refer to our
Vendor Agreement for additional terms.
For additional information on our uptime commitment, please refer to our
Service Level Agreement.
Indemnification
Upon a request by Fleetrock, you agree to defend, indemnify, and hold harmless the Fleetrock Group from all liabilities, claims, and expenses, including attorney's fees that arise from your violation of these Terms of Use or your use or misuse of the Materials or this app/website. Fleetrock reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Fleetrock in asserting any available defenses.
Disclaimer of Endorsement
Reference herein or on the app/website to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Fleetrock. Product and service information are the sole responsibility of each individual vendor.
International Use
Fleetrock makes no representation that the Materials or this app/website are appropriate or available for use in locations outside the United States, and accessing it from territories where the Materials or this app/website are illegal is prohibited. Those who choose to access this app/website from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Materials and this app/website shall be initiated and maintained only in the state and federal courts located in Pennsylvania (USA), and you further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action. Any action by you against Fleetrock or the Fleetrock Group hereunder shall be brought within one (1) year after the claim arose, or be barred.
Severability and Integration
These Terms of Use constitute the entire agreement between you and Fleetrock with respect to the Materials and this app/website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Termination
Fleetrock reserves the right, in its sole discretion, to terminate your access to the Materials or to all or part of this app/website, with or without notice.
For further information and/or questions regarding the Materials or this app/website, please contact us at
www.fleetrock.com/contact.