Terms and Conditions

Last updated: February 18, 2017

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Fleet Cure website (http://www.fleetcure.com) and the Fleet Cure mobile application (the "Service") operated by Fleetcure, Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

1. Registration

You may access areas of the Fleet Cure Site that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on the Fleet Cure Site, you agree that:

(i) your account and password are personal to you and may not be used by anyone else to access the Fleet Cure Site;

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Fleet Cure Site; and

(iii) you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorized use of your password or account identifiers by others.

2. Termination of registration

If you no longer wish to have a registered account, you may terminate your account by sending an email to sales@fleetcure.com. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Fleet Cure Site. Continued use of the Fleet Cure Site indicates your continued acceptance of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Fleet Cure Site immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

3. Use of material appearing on the site

Your use of the Fleet Cure Site is for your own personal and non-commercial use only. You acknowledge that, as between Fleet Cure and you, except for user content and advertisements (as discussed below), Fleet Cure is the sole owner of all content on the Fleet Cure Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Fleet Cure Site ("Fleet Cure Content"). The Fleet Cure Site and the Fleet Cure Content are protected by the copyright laws and other intellectual property laws of the United States of America and are protected globally by applicable international copyright treaties.

You may download and print extracts from the Fleet Cure Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Fleet Cure Content for any other purpose without our prior written approval. Except as expressly authorized by the Fleet Cure, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Fleet Cure Site.

If you wish to use our content other than as permitted by these terms and conditions, please contact us at sales@fleetcure.com. For all other inquiries about distribution or reproduction of the materials, please contact sales@fleetcure.com.

4. Disclaimer of liability

To the extent permitted at law, we do not accept any responsibility for any statement in the Fleet Cure Content. Nothing in the Fleet Cure Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Fleet Cure Content or any part of it. You can access other sites via links from the Fleet Cure Site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Fleet Cure Site or the Fleet Cure Content. In particular, we do not warrant that the Fleet Cure Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Fleet Cure Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

5. Third party advertising on the site

You will see advertising material submitted by third parties on the Fleet Cure Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

If you want to advertise on the Fleet Cure Site, please email the user help team at sales@fleetcure.com, and they will pass your details on to our advertising sales team.

6. User content

Users of our site may be permitted to submit content for publication in various areas of the Fleet Cure Site.

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to the Fleet Cure Site.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish and/or transmit, and to authorize third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the Fleet Cure Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Fleet Cure, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Fleet Cure Site.

We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Fleet Cure Site to post or otherwise transmit content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Fleet Cure Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Fleet Cure Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Fleet Cure Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Fleet Cure Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Fleet Cure assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Fleet Cure Site.

If you are under 16, you confirm that you have permission of your parent or Fleet Cure to submit content.

Any queries regarding copyright and your content should be directed in the first instance to sales@fleetcure.com.

7. App

You may download the Fleet Cure App ("App") either from the Fleet Cure Site or from third party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the App (and in particular, the terms of section 6 apply where you are using an App to submit user content to the Fleet Cure Sites).

In addition to the limitations on our liability set out in Section 4, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.

8. Data protection

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy at www.fleetcure.com/privacy.

9. Governing law & jurisdiction

  1. agree that this agreement and your use of this Site are governed by the laws of the State of Pennsylvania, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Huntingdon Valley, Pennsylvania, USA in all disputes arising out of, relating to, or in any manner concerning this Site and/or this agreement. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Fleet Cure has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

10. Indemnification

You agree to defend, indemnify, and hold Fleet Cure, its officers, directors, managers, members, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

11. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Fleet Cure.

12. Changes to these terms and conditions of use

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

13. Contact us

If you have any questions about these Terms, please contact us at sales@fleetcure.com.