Effective Date: August 2019

Terms of Use

FleetCam owns and operates the web site pages residing under the name www.fleetcam.com (the “Website”). Except as expressly provided in a separate service, license or other written agreement entered into between you and FleetCam, your access and use of the Website is subject to the following terms and conditions (“Terms of Use”). If you have been issued credentials (e.g., a user-id and password) to access the secure portion of the Website, including any online application, additional terms of use may apply.

By using the Website, you acknowledge that you have reviewed to your full satisfaction and understood these Terms of Use and the FleetCam Website Privacy Policy, and you accept and are subject to these Terms of Use and the FleetCam Website Privacy Policy. If you do not agree to these Terms of Use or the FleetCam Website Privacy Policy, please do not use the Website. If you breach any of the Terms of Use, your authorization to use the Website automatically terminates, and you must immediately destroy any downloaded or printed materials. FleetCam reserves the right to change the Terms of Use by posting new Terms of Use here and by changing the “Effective Date” at the top. Your use of the Website is subject to the most current version of the Terms of Use posted here at the time of such use.

Copyright

FleetCam owns, licenses or otherwise has rights to use all materials available through the Website, including all text, downloadable files, HTML code, multimedia clips, images, graphics, icons, programming code, and the selection and arrangement of the contents of the Website (collectively, the “Materials”), whether such rights result from rights granted to FleetCam under written agreement or the availability of the Materials in the public domain. Unless otherwise indicated, all FleetCam Materials created, developed or owned by FleetCam (such Materials, “FC Materials”) are copyrighted © 2018 to 2019 FleetCam, and any unauthorized use of any Materials may violate copyright and other laws.

FleetCam hereby grants to you a limited, revocable, non-transferable, non-exclusive right and license solely to:

  • display and reproduce unaltered FC Materials comprising the Website for personal, non-commercial use while seeking information regarding FleetCam and its business;
  • if you are a prospective customer of products or services offered by FleetCam, display, reproduce and distribute within a single business organization unaltered FC Materials, or portions thereof, comprising the Website solely to the limited extent reasonably necessary to facilitate a decision of whether or not to transact business with FleetCam; and
  • if you are a news reporting organization, display, reproduce, modify and distribute limited portions of FC Materials comprising the Website, as reasonably necessary for legitimate news reporting and commentary activities.

Except as expressly permitted in these Terms of Use, you may not modify, copy, distribute, transmit, display, publish, or create derivative works from the Materials or use the Materials for any purpose whatsoever without the express written consent of FleetCam. For consent to reuse any Materials hosted on the Website, other than as expressly in these Terms of Use, please contact FleetCam at . Except as expressly set forth in these Terms of Use or otherwise in writing, FleetCam reserves for itself all other right, title and interest in and to the Materials.

To the extent reproduction of FC Materials is permitted, the following notice shall appear on all reproductions of such FC Materials: “© 2018-2019 (as applicable) FleetCam. All Rights Reserved.” All authorized reproduction of multimedia clips, images, graphics, or icons comprising a part of the Materials must be executed to assure that such Materials are not distorted, modified or altered in any way whatsoever.

Trademarks

FleetCam trade names, product names, and logos (collectively the “Trademarks”) displayed on the Website, including, but not limited to FleetCam and the FleetCam logo, are trademarks of FleetCam in the U.S. and/or other countries. In addition, the names of other companies and products mentioned on the Website and/or third party trade names and logos displayed on the Website may be the trademarks of their respective owners. Nothing contained on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or third party trademarks displayed on the Website without the written permission of FleetCam or such third party that may own or holds the right, title and interest in other trademarks displayed on the Website.

Acknowledgments / Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, INFORMATION ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Information on the Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. FleetCam may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

FleetCam does not want to receive confidential or proprietary information from you through the Website. Except as expressly provided in a separate service, license or other written agreement entered into between you and FleetCam, Please note that any information or material sent or submitted to FleetCam will be deemed NOT to be confidential. By sending FleetCam any information or material, you grant FleetCam an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that FleetCam is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Information FleetCam publishes on the Website may contain references or cross references to FleetCam products, programs and services that are not announced or available in your country. Such references do not imply that FleetCam intends to announce such products, programs or services in your country. Email FleetCam’s for information regarding the products, programs and services which may be available to you.

FleetCam makes no representations whatsoever about any other web site which you may access through the Website. When you access a non-FleetCam web site or any web site on a domain other than the domain of the Website, please understand that it is independent from FleetCam, and that FleetCam has no control over the content on that web site. In addition, a link to a non-FleetCam web site does not mean that FleetCam endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL FLEETCAM BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT damages, whether direct, incidental, foreseeable, consequential, or special, whether based upon warranty, contract, tort (including negligence) or strict liability OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF FLEETCAM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Product Use Limitations, Warranty, Disclaimer

FleetCam manufactures products for a number of intended uses. Please refer to the product label and instructions for the intended use statements for specific products. Certain applications of FleetCam products may require licenses from others. FleetCam products may be covered by pending or issued patents or may have certain limitations. Please contact FleetCam for more information.

Product claims are subject to change. Please contact FleetCam for the most up-to-date information on FleetCam products. Applications mentioned on the Website are provided for informational purposes only. FleetCam does not warrant that all applications have been tested by FleetCam using FleetCam products.

Unless otherwise agreed in writing, all products and services are sold and delivered subject to FleetCam’s standard form Terms and Conditions or other written agreement entered into between you and FleetCam.

Unless otherwise agreed to in writing by FLEETCAM, FLEETCAM makes no other warranty of any kind whatsoever, and SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO THE SUITABILITY, PRODUCTIVITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, CONDITION, OR ANY OTHER MATTER WITH RESPECT TO FLEETCAM PRODUCTS OR SERVICES.

In no event shall FleetCam be liable for claims for any damages, whether direct, incidental, foreseeable, consequential, or special (including but not limited to loss of use, revenue or profit), whether based upon warranty, contract, tort (including negligence) or strict liability arising in connection with the sale or the failure of FleetCam products to perform in accordance with the stated specifications.

Compliance with Law

You shall not use and/or access the Website and/or the Materials in any manner that will violate any applicable local, state, national, international or foreign law, including, but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate another person in your use of the Website or the sending of any e-mail to an address listed on the Website. You may not use the Website in any manner that could damage, disable, overburden or impair the Website, interfere with any other party’s use and enjoyment of the Website or compromise the integrity of, or otherwise modify, the Information.

Indemnity

You agree to defend, indemnify and hold FleetCam, its employees, officers, members and related entities harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use by you or in connection with your use of the Website and/or the Materials.

Severability and Waiver

If any provision of the Terms of Use is invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions will continue in full force and effect. No waiver shall be deemed a continuing waiver or a waiver of any other term.

Entire Agreement

Except as expressly provided in a separate service, license or other written agreement between you and FleetCam or in the FleetCam Privacy Policy, these Terms of Use constitute the entire agreement between you and FleetCam with respect to your use of the Website and the Materials. These Terms of Use shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written, between the parties in respect of your use of the Website.

Termination

Your right to access and use the Website and/or the Materials in accordance with these Terms of Use shall automatically terminate if you are in breach of any of the Terms of Use. FleetCam reserves the right, in its sole discretion, to terminate your access to the Website, and to terminate your use of the Materials, or any portion thereof, at any time without notice. Further, FleetCam reserves the right to your access or use of any portion of the Website, including any RSS feeds.

Choice of Law and Jurisdiction

The laws of the State of New York and the laws of the United States of America applicable therein will govern as to the interpretation, validity and effect of these provisions, notwithstanding any principles of conflict of laws or your domicile, residence or physical location. You agree that any dispute arising from or relating in any way to this Website, the Materials or these Terms of Use will be brought exclusively in the Federal or State courts located in the State of New York located in city of New York and you irrevocably agree to submit to the jurisdiction of such courts.

FleetCam makes no representation that products or services described on this Website are available outside of the United States. You may not use, export or re-export the products or services described on this Website in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations.

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