THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND RARESTEP, LLC. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE FLEETIO SERVICE.
RareStep, LLC (“we”, “us”, or “our”) provide services (“Service”) to you (“you” or “your”) through our website located at fleetio.com. By using the Service you are agreeing to be bound by the following terms and conditions (“Terms of Service”). We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. If we make any changes to the Terms of Service, we will change the “last updated” date above. You can review the most current version of the Terms of Service at any time at: http://www.fleetio.com/terms.
If you are using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “You” will refer and apply to that company or other legal entity.
- You must be 13 years or older to use this Service.
- If you are between the ages of 13 and 18 then you must have a parent assist in registering for an account for the Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your full legal name, the legal name of your business (where applicable), a valid e-mail address, and any other information requested in order to complete the sign-up process.
- You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You will be solely responsible and liable for any activity that occurs with your account.
- You can create multiple logins for a single account. However, your login may only be used by one person. A single login shared by multiple people is not permitted.
- You must not use the Service for any abusive or illegal purposes. You must not violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with the Service.
TERM, BILLING AND PAYMENT
- You will receive the Service free of charge for the first fourteen (14) days. Thereafter, you will be charged a monthly service fee.
- Your account will be renewed automatically each month until either you or us explicitly cancel the Service.
- You will be billed a non-refundable fee in advance on a monthly basis. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, account cancellations, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. If you have any questions about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account for the appropriate amount. We have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment through a card issuer that is found to be valid will be permanently banned from the use of the Service.
- For any change in your monthly service fee, we will automatically charge your credit card that you provided or bill you via other payment methods for the new rate on your next billing cycle.
- You must provide us with accurate billing information and keep this information up to date.
- By subscribing to the Service you give us the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
- We reserve the right to change prices for the Service and any connected extra services at any time upon a 30-day notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
- You will pay any and all applicable international, federal, state, and local sales, use, value-added, excise, duty, and any other taxes, fees, or duties not based on our net income that are assessed on or as a result of the Service. Any such taxes, fees, and duties collected by us from you on behalf of a governmental agency shall not be considered a part of, a deduction from, or an offset against, payments due to us for the Service.
CANCELLATION AND TERMINATION
- You are solely responsible for properly canceling your account. You can cancel your account at any time through the Account Settings screen.
- All of your information will be immediately deleted from the Service upon cancellation. You must export your information before canceling your account. Your information cannot be recovered once your account is cancelled.
- Any abuse of the Service will lead to termination of your account. We reserve the right to decide what is considered abuse of the Service.
NO WARRANTIES OR REPRESENTATIONS
You understand and agree that the Service is provided “as is” and we expressly disclaim warranties of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose. We make no warranty or representation regarding the results that may be obtained from the use of the Service, the correctness of the data, the security of the Service, or that the Service will meet any user’s requirements. Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security, or performance of the Service remains with you. You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. We reserve the right to modify the Service from time to time at any time, including adding or removing features. Without limiting the foregoing, the service is not designed or licensed for use in hazardous environments requiring fail-safe controls.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR LOST PROFITS OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR CONNECTED IN ANY WAY WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, we are found responsible to you for any reason whatsoever, our responsibility shall be limited to the amounts actually paid by you for the Service during the twelve (12) months immediately preceding such event, and shall not include punitive damages or consequential or resulting damages of any nature.
All information that you post to the Service must comply with applicable copyright laws. We claim no intellectual property rights over the material you provide to the Service when such material is tagged with personally identifiable information. We may share aggregated information that does not include personally identifiable information and we may otherwise disclose non-identifying information with third parties for industry analysis, demographic profiling, and other purposes. Any aggregated information shared in these contexts will not contain your personally identifiable information.
Except for the licenses granted by these Terms of Service, you have no right, title, or interest in or to the Service. You acknowledge and agree that we own all rights, title, and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. Unauthorized use of the Service, or the resale of the Service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our Service in any format to any third party. In addition, you may not use the Service in any way that violates applicable federal, state, or international law, or for any unlawful purpose.
You agree to indemnify, defend, and hold harmless, us and our respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
These Terms of Service shall be governed and construed in accordance with the laws of the State of Alabama, excluding its conflicts-of-law principles. Please note that your use of the Service may be subject to other local, state, national, and international laws. You agree that any disputes arising with us or our affiliates, subsidiaries, employees, contractors, officers, directors, or third party providers from or related to this contract shall be resolved by binding arbitration conducted under the auspices of the American Arbitration Association in Birmingham, Alabama. You shall be responsible for initial payment of one-half of any arbitration fees, but upon final resolution the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
If you are in located outside the United States of America then by using the Service, you understand and consent to the processing of personal information in the United States.
Any notices or other communications permitted or required of us under these Terms of Service, including those regarding modifications to these Terms of Service, will be in writing and given to you: i) by us via e-mail (in each to the address that you provide) or ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
By registering with us, you understand that we may send you communications or data from us regarding the Service, including but not limited to i) notices about your use of the Service, including any notices concerning violations of use, ii) updates, and iii) promotional information and materials regarding our products and services, via e-mail. We give you the opportunity to opt-out of receiving e-mail from us by following the opt-out instructions provided in the message.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 this agreement shall continue in effect. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
If we fail to exercise or enforce any right or provision of these Terms of Service then it shall not constitute a waiver of such right or provision.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without our prior written consent, which shall not be unreasonably withheld. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. We may assign or transfer these Terms of Service, at our sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any claim related to this contract or the Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not, then that claim is permanently barred. This applies to you and you successors. It also applies to us and our successors and assigns.
Neither party shall be responsible for any failure to perform, or delay in performing any of its respective obligations under these Terms of Service, except for payment obligations, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, delays caused by the other party, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like.
These Terms of Service are the entire and exclusive understanding and agreement between you and us regarding the Service and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Service.
If you have any questions about these Terms of Service, please contact us.