This is an agreement (the “Agreement”) to govern the relationship between all users (“you, your”) of the Fleet Chaser services, including but not limited to its mobile application, software, website located at www.fleetchaser.com (the “Website”), content and services related thereto (collectively, the “Services”). This Agreement is a binding agreement between you and Fleet Chaser (“us, we”) that sets forth terms and conditions for use of the Services. By accessing or using the Services, you agree to that you have read and agree to be bound by this Agreement. You must be at least eighteen (18) years of age to use the Services. If you accept this Agreement, you represent that you have the capacity to be bound by its terms or, if you are acting on behalf of a company or other entity, that you have the authority to bind such entity. Before continuing, you should print or save a copy of this Agreement for your records.
The Service consists of GPS tracking services and access to associated mobile applications and services (the “Service”). Your right to access and use the Website and the Service is personal to you and is not transferrable by you to any other person or entity. You are only entitled to access and use the Website and the Services for lawful purposes and in accordance with this Agreement-including the terms and conditions set forth in the Acceptable Use Policy, incorporated herein by reference. Your access and use of the Website and the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or the Service or other actions that we determine. During the Term, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do access and use the Service and all information gathered from use of the Service solely in accordance with this Agreement. Except as provided in this Section, you obtain no other intellectual property rights under this Agreement from us or our licensors. In general, you may visit public pages of the Website without telling us who you are or revealing any personal information about yourself. We may track the Internet domain address from which people visit the Website and analyze this data for trends and statistics, but individual Members and Users will remain anonymous until they voluntarily tell us who they are. Sometimes (such as when you purchase Services or register an account with us) we will ask you to provide personal information about yourself, such as your name, shipping/billing addresses, telephone number, e-mail address, credit card information, industry or occupation. If you provide such information, you authorize us to store and use all such information for purposes of providing the Services and servicing your account.
Fees and Payment
We calculate and bill fees and charges monthly. You agree to pay us the applicable fees and charges for use of the Service as described and chosen by you on the Service Order Form. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding. In addition to our termination rights outlined below, we may suspend or terminate (in our sole discretion) your Users right to access or use any portion or all of the Service immediately without notice if we determine: (1) Your use of the Service (or any use under your account) (i) poses a security risk to the Service or any third party; (ii) may adversely impact the Service or the system or content of any other customer, (iii) may subject
us, our affiliates or any third party to liability; or (iv) is investigated for or is connected with any violation of any law of the United States; (2) You are, or any user using your account is, in breach of this Agreement, including if you are delinquent on your payment obligations; or (3) You have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, come under investigation for violation of any criminal law of the United States related in any way to your use of the Service, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; Effect of Suspension: In the event we suspend your account or use of the Services, during the period of suspension, (i) we will not erase any of your information through your account with the Service; (ii) you may retrieve Your Content created or saved in your account through the Service; and (iii) we will provide you with the same post-termination data retrieval assistance that we generally offer to all customers. Effect of Termination: In the event we terminate your account or use of the Services, (i) we will erase your Content or Reports made through you account with the Service; (ii) you may not retrieve your Content created or reports saved in your account through the Service; and (iii) we will not provide any post-termination data retrieval assistance.
Term and Termination
This Agreement will commence upon your first act of browsing or viewing any part of the Website. For Members and Users of the Service, this Agreement will commence (or renew, as appropriate) upon the completed and verified Registration of your account with the Service (the date/time of which will be referred to as the “Effective Date”). The term applicable to each Service Order shall be specified in such Service Order Form (“Service Order”) and will continue for an initial term of specified in your Service Order . If no term is specified in your Service Order, you agree that the initial term of your initial Service Order shall be for a period of one month after the Effective Date. The term shall continue until expiration or termination in accordance herewith. We may terminate this Agreement at any time: (i) immediately if you materially breach this Agreement; or (ii) upon 30 days’ notice for any reason or no reason.
Rules for Use of Service
As part of the Service, we provide mobile application access which provides GPS tracking, location, data insight, and information related to your use of the Services (“Your Content”). We cannot accept responsibility for Your Content; by using the Services, you agree to the following:
- You will use the Services only as intended and will notify all individuals driving vehicles tracked using the Services.
- You accept responsibility for Your Content.
- You may not interfere with other users’ use of the Service, including, without limitation, taking any action which imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- You agree that we may use any feedback, suggestions, or ideas you post or provide to us in any way, including in future modifications of the Service, other products or services, advertising, or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to use in any way.
Collection and Use of Personal Information
If you choose to provide information to us through our online registration, you may be asked to provide us with personal information, including your name, address, postal address and telephone number, e-mail address, password, and other identifying information. If you choose to purchase product/s and/or services from us, we may collect additional personal information, including your billing address, shipping address, credit card number, credit card security code, and expiration date in order to process your purchase properly. We also may ask you to submit personal information when you ask us for information, subscribe to a Company service or publication, or download information. By providing this information, you choose to allow our use of that information for those purposes. Your personal information enables us to provide you with the information you have requested, provide you with information regarding the status of your assets and transactions, fulfill your purchases, and provide you with information regarding future products and services that may suit your particular interests. We may also use your personal information to help identify you if you lose your password and to help you quickly find information on the Website. Location Information. Telematics units will track device's location by sending GPS coordinates to the Fleet Chaser application and Services. We may also determine location by using other data from your mobile device, such as wireless towers near your device. We use and store information about the location of your devices to enable product features for the Services. We may collect information about the devices you use in connection with the Services, including hardware, operating system, software, device location, and mobile network information. We may use
The Website uses cookie technology to provide the Services; cookies must therefore be enabled on your computer in order to use the Services. A cookie is a small file that contains information sent by a website that is saved on your hard disk by your computer’s browser. Cookies store information that a website may need in order to personalize your experience and gather website statistical data. Any time you visit the Website to browse or to read or download information, we may collect and store: the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the data and time you access the Website; and the Internet address of the website from which you linked directly to the Website. We use this information to measure the number of visitors to areas of the Website, and to help us make the Website more useful and interesting to our visitors. We use information from cookies in the aggregate to analyze for trends and statistics. Some consumers may not know that cookies are being placed on their computers when they visit websites. If you want to know when this happens, or to prevent it from happening, you can set your browser to advise you when a website attempts to place a cookie on your computer.
Effective Date and Changes
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE WEBSITE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Limitations on Liability
WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICE. Additionally, you acknowledge and understand that, with respect to any dispute with Fleet Chaser, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.; and
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquakes, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, terrorism or war. We may change, discontinue or deprecate any of the Services (including any portion, feature or functionality thereof) from time to time. We will notify you, as described above, of any material change to or discontinuation of the Service.
We may modify this Agreement from time to time. You will be notified of changes in this Agreement by either: (1) a message sent to the e-mail address (or other contact information) you provided for your account during registration, or (2) through the mobile application. Any and all modifications to this Agreement will be posted on the Website. In addition, the Agreement will always indicate the date it was last revised. You are deemed to have accepted and agreed to any modifications to the Agreement upon your first use of the Service after notice of those modifications is sent
to you. For purposes of this Section only, your use of the Service shall mean any interaction within the Service or viewing of the Website whatsoever except for any actions taken with the immediate purpose of terminating or canceling your account.