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Thanks for using Fleet Watchdog. This policy explains our terms of service that governs our relationship with our users and others who interact with our service. By using or accessing Fleet Watchdog services, you agree to this Statement, as updated from time to time. The following Terms of Use apply when you view or use the Service via web browser or by accessing the Service through clicking on the application on your mobile device.
Effective May 1, 2015ABOUT THE SERVICE
BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS.
a. ELIGIBILITY. You represent that you are at least 18 years of age and are fully able and competent to enter into a contract and otherwise abide by these Terms.
b. PRIVACY POLICY. The Company is committed to protecting the privacy of the users of its Website. Authorized employees within the company are the only individuals to access or use any information collected from individual customers. The Company constantly reviews its systems and data to ensure the best possible service to its customers. You expressly consent to the information practices described in the Company’s Privacy Statement, which is incorporated into and is subject to the Terms.
c. WEBSITE ACCESS. The Company grants you permission to use the Website as set forth in these Terms, provided that: (1) you use the Website solely for commercial use; (2) you do not copy, publicly display, or distribute any part of the Website in any medium without the Company’s prior written authorization; (3) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; (4) you do not engage in any of the prohibited uses described below; and (5) you will otherwise fully comply with these Terms and any and all applicable laws.
d. OWNERSHIP; PROPRIETARY RIGHTS. The Website is owned or otherwise used with permission and operated by the company. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Website that are provided by the company are solely the Company’s intellectual property and is protected by United States federal law and all other relevant and applicable intellectual property and proprietary rights and laws.
e. USE AND CONDUCT RESTRICTIONS. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms. Access to the Website from territories where access or sue thereof is illegal is strictly prohibited.
a. No Duplication. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any portion of the Website, use of the Website, access to the Website, or content obtained through the Website for any purpose other than for the commercial purpose set forth above, unless you have received prior approval from the Company.
b. No Harassment or Unauthorized Data Collection. You agree not to defame, harass, abuse, threaten, stalk, or defraud users of the Website or collect, or attempt to collect, personal information about Users for third parties without the Users express written consent.
c. No Malware and Quiet Enjoyment. You agree not to intentionally interfere with or damage, impair or disable the operation of the Website or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
d. No Rights or Copyright Circumvention. You agree not to remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website.
e. No Unauthorized Access. You agree not to attempt to gain unauthorized access to the Website, or any part of it, other accounts, computer systems, or networks, connected to the Website, or any part of it, through hacking, password mining, or any other means, or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.
f. No Modifications of the Website. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form, nor to use modified versions of the Website, including, but not limited to, for the purpose of obtaining unauthorized access to the Website or another User’s account.
g. No Scraping. You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website. You agree to not otherwise interfere or attempt to interfere with the proper functioning of the Website.
h. No Improper Linking. You agree to not publish or link to malicious content intended to damage or disrupt another User’s browser or computer.
i. No Spam. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
j. No Reverse Engineering. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
k. No Overloading Website. You agree to not make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.
l. No Liability for Posts. You agree you are solely responsible for your account and the activity that occurs while signed in to or while using your account. You agree the Company has the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice. You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Website is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company may monitor and/or record your interactions with the Website.
f. ONLINE CONTENT DISCLAIMER. Opinions, advice, statements, offers, or other information or content made available through the Website are those of their respective authors, and should not necessarily be relied upon. The Company does not adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content of third party posts that you or any other use, post, or send over the Website. Under no circumstances will the Company be responsible for any loss or damage resulting from reliance on information or other content posted on the Website or transmitted to users. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Website or to limit or deny a user’s access to the Website or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under federal, state, and local law. If you become aware of misuse of our Website, please contact us at 4620 W. Chestnut Expressway, Springfield, MO 65802 or 417-763-6980 or aadmin@fleettechservices.com.
g. AVAILABILITY OF WEBSITE. The Company may make changes to or discontinue any of the products, services, or functionalities of the Website at any time, and without notice. You agree that any changes to or discontinuation of the Website by the Company will be without liability to you.
h. FEEDBACK AND TERMINATION. If you are dissatisfied with the Website, please let us know by electronic mailing at aadmin@fleettechservices.com. Your input is valuable to us. You may terminate these Terms at any time by discontinuing your use of the Website.
i. INDEMNIFICATION. You agree to indemnify and hold harmless the Company and its parents, subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), its suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt, and expenses (including attorney’s fees) arising out of: (1) your misuse of the Website; (2) your violation of these Terms; (3) your violation of the rights of any other person or entity; and (4) your breach of the foregoing representations, warranties, and covenants. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnity us. You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
j. DISCLAIMERS; WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THE TERM THE COMPANY INCLUDES ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES, AND SUBCONTRACTORS.
a. “As Is” and “As Available” and “With All Faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, CONTENT, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OUR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
b. Website Operation and Consent. THE COMPANY, IT SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE COMPANY MATERIALS, USER SUBMISSIONS, WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
c. Accuracy. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESTNATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
d. Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE (INCLUDING RSS FEEDS) IS AT YOUR OWN DISCRETION AND YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSBILE FOR ANY DAMAGE TO YOUR PROPERTY (INLCUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE, ACCESS, DOWNLOAD OR ANY OTHER USE OF SUCH MATERIAL OR DATA.
k. LIMITATIONS OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS, OR ITS THIRD PARTY LICENSORS OR PARTNERS, BE LIABLE FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE ANY USER SUBMISSIONS OR ANY REFERENCE SITES, THE WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a. Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT, WARRANTY, OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
l. LIMITATIONS BY APPLIABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMIATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMIATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OF OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
m. MODIFICATION OF TERMS OF USE. The Company reserves the right to amend or change these Terms at any time without notice to you other than through posting such modified Terms on the Website. Your continued use of the Website after the posting of changes to the Terms means you agree to these changes.
n. GENERAL TERMS.
a. Notice. The Company may provide you with notices, including those regarding changes to the Company’s Terms and Conditions, by postings on the Website, via electronic mail, or by United States Mail. Notice sent via electronic mail will be deemed given 24 hours after such electronic mail is sent, unless the Company is notified that the electronic mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Website. In such case, notice will be deemed given three (3) days after the date of mailing. Communications made through the Website’s email and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
b. Dispute Resolution; Choice of Law. Any disputes arising between you and the Company will be governed in all respects by the laws of the State of Missouri and any claim or dispute shall be brought in the exclusive jurisdiction of the federal or state courts located in the Springfield, Missouri.
c. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
d. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
e. Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned, in whole in part, by the Company without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void.
f. No Agency. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Website.
g. Survival. Notwithstanding the expiration or termination of these Terms, it is acknowledged that those rights and obligations that by their nature are intended to survive such expiration or earlier termination will survive.
h. Headings. The heading references herein are for convenience purposes only, do not constitute part of these Terms, and shall not be deemed to limit or affect any of the provisions thereof.
i. Entire Agreement. This is the entire agreement between you the Company relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
Updated May 1, 2015