Complete Legal Terms and Conditions
These terms and conditions are effective as of 01-Jun-2018.
FLEETMASTER COMPLETE TERMS & CONDITIONS: Complete Cookie Policy click here -Complete Privacy Policy click here
Upon customer or customers agent signing there invoice and/or submitting payment. This contract/invoice is to be considered accepted. At that time customer and/or customer’s agent acknowledge they have read, fully understand and give full consent and approval of the equipment and services terms and conditions listed below in their entirety and customer-agent understands they will be fully engaged.
Equipment-Services TERMS.
All equipment/services orders require initial payment of any hardware, monthly services or value added professional services prior to shipment. Shipping will be billed separately upon shipping provider providing cost of shipment based upon weight and dimensions of shipment and selected time of delivery by customer.
Installation Terms: FleetMaster does not directly provide or offer installation services. FleetMaster does have associations with National Installation Partners with-in the USA. FleetMaster is not responsible for any work, installations, costs, damages, loss of warranty, or any disputes with any installer either listed or not listed on our website. Customer is made aware that any installation(s) that are completed by other than a certified, authorized FM installation partner are at the sole risk of the customer. FleetMaster is not responsible for any costs for any trial, final installations and/or warranty replacements of equipment and are to be paid solely by the customer. Contact your FM-Rep to be directed to a professional certified installation provider in your area. Any rendered value added professional service fees and/or installation fees are non-refundable.
Buy n Try-Trial Terms: Trial periods continue for 15-30 days as agreed between the Parties. All Trial orders require payment of any hardware and/or value added professional services prior to shipping. Shipping will be billed separately upon shipping provider providing cost of shipment based upon weight and dimensions of shipment and selected time of delivery by customer. Customer is made aware and acknowledges that FleetMaster does not provide or offer installation services. Customer acknowledges sole responsibility for any professional service fees and/or installation costs and/or fees associated with their trial.
If customer requires a professional installation provider in their area. Contact your FM representative.
Customer acknowledges that if for any reason the vehicle(s) to be installed for Trial is/are not available or not on location on the agreed upon installation date, time and location (above). The Customer will be billed in full for all missed vehicle installation(s) of agreed upon number of vehicles to be installed. Customer also agrees and understands that some equipment or solutions for their Trial may need to be drilled into or onto the vehicle(s).
Upon successful completion of trial. Customer will be billed within (5) days for monthly services and equipment currently installed and/or any outstanding installation services/fees (if applicable). If customer decides not to move forward with the project. FM will issue an RTV (Return to Vendor) to Customer and customer will uninstall equipment at their sole expense within (5) business days of trial ending and ship equipment back to vendor or manufacture in original boxes. FM will issue trial refund (if applicable) minus any outstanding installation costs for equipment and a 20% restocking fee on the MSRP total of trial equipment installed. If customer has not shipped and/or equipment has not been returned after 14 days of their Trial concluding. Customer understands that FM will invoice customer the full MSRP cost (if applicable) of that equipment. Plus any “Trial” costs incurred.
Equipment not Installed-Trial Not Started/Completed: Customer will not be eligible for trial refund, if equipment has not been installed after 7 days of the delivery of equipment to customer or the trial does not start within 15 days of original date of delivery.
Financing-Full Invoice & Down Payment Plan: FleetMaster does offer FULL invoice financing options provided by LendSpark – Apply Now FleetMaster may entertain 75% down payment of video options for fleets of 50+ vehicles. Contact your FleetMaster representative to learn more. Down payment plans are for a minimum 36 months and include 36mth Extended warranty. Monthly payments will consist of any monthly data costs per service(s), per vehicle (if applicable) and/or nominal monthly cost per product, per month for equipment being used through customers tenure.
No Cost Trial Terms (if available): If Equipment is not Installed or Trial not started within 10 days or completed in 45 days of original equipment delivery date. Customer will be billed for the full MSRP of the equipment delivered. Trial periods are for 15-30 days as agreed between the Parties. Shipping will be billed separately upon shipping provider providing cost of shipment based upon weight and dimensions of shipment and selected time of delivery by customer. Customer is made aware and acknowledges that FleetMaster does not provide or offer installation services. Customer acknowledges sole responsibility for any professional service fees and/or installation costs and/or fees associated with their trial.
If customer requires a professional installation provider in their area. Contact your FM representative.
Customer acknowledges understands that some equipment or solutions for their Trial may need to be drilled into or onto the vehicle(s).
Upon successful completion of No Cost trial. Meaning that all hardware and software have worked successfully for the duration of customer’s trial. Customer agrees per their signature above they will proceed forward with their entire project and will be invoiced within (5) days for monthly term service and complete equipment to satisfy their project.
Warranty-Extended Warranty: FleetMaster vendors products are warranted directly through their respective manufacturers against material defects for a period up to (2) years (some 1 year) from the date of purchase. They reserve the right to repair or replace any such defective unit at their sole discretion. Warranty replacement of equipment is to be paid solely by the customer. FleetMaster and its Vendors are not responsible for any consequential damages, defects as a result of misuse, disconnection, improper installation, damage and/or mis-handling of the electronic components of any kind. Extended warranties are available. Contact your FleetMaster representative to learn more.
Shipping, Activation, Data Usage, Returns & RMA’s: are to be paid by the customer. Shipping will be billed separately upon shipping provider providing cost of shipment based upon weight, location, dimensions and delivery time to customer. Please allow 4-6 weeks for a new order or RMA to be processed and shipped. All orders of delivered goods shall be deemed received, full and complete if customer does not contact FleetMaster within 3 business days after verified delivery of equipment per tracking information provided by shipper.. Upon verified delivery date of equipment to customer. Customer acknowledges that their monthly or annual service accounts (if applicable) will be implemented and fully activated. FleetVu provides 500MB (default). 1GB, 2GB, 3GB and 6GB data plans are also available per device, monthly. Should overages exceed allotted data account amount. Customers data account(s) will automatically upgrade to the data plan amount used during said billing overage cycle. Video requests must be completed before the next request is made to insure data plans consistent service.
Returns-RMA’s: Hardware is subject to a 20% re-stocking fee on the full purchase price of the hardware returned. Should the customer elect to return the solution hardware in the same condition as it was received within 30 days of receipt. Any rendered value added professional service fees and/or installation fees are non-refundable. are to be paid by the customer. Shipping, Fees will be billed separately upon shipping provider providing cost of shipment based upon weight, location, delivery time of shipment, dimensions and if any Dues, Taxes, Import or Customs costs. Please allow up to 20-30 business days for a new order or RMA to be processed and shipped. All orders of delivered goods shall be deemed received, full and complete if customer does not contact FleetMaster within 3 business days after verified delivery of equipment per tracking information provided by shipper. Upon verified delivery date of equipment to customer. Customer acknowledges that their monthly or annual service accounts (if applicable) will be implemented and fully activated. FleetVu provides 500MB (default). 1GB, 2GB, 3GB and 6GB data plans are also available per device, monthly. Should overages exceed allotted data account amount. Customers data account(s) will automatically upgrade to the data account amount used during said billing overage cycle. Video requests must be completed before the next request is made to insure data plans consistent service.
Should the customer elect to return the solution hardware in the same condition as it was received within 30 days of receipt. Customer will pay shipping and a 20% re-stocking fee on the full purchase price. Any rendered value added professional service fees are non-refundable.
Payment Terms: Please apply all applicable regional taxes to estimates. Payment(s) for equipment purchases must be received prior to order being placed and shipped.Value added professional services or monthly associated services are payable DUE UPON RECEIPT prior to the month of service. NET 30 Payment terms for any associated monthly services may be available upon request. Customer understands and agrees that a 5% late fee compounded every 21 days beyond NET 30 due date will be in place.
Late payment(s) will result in terms being adjusted from NET 30 to reflect NET 14 days. 2nd Late payment will result in terms being adjusted from NET 14 to Due Upon Receipt. Upon account being brought up to date and current for 3 continuous monthly cycles (90) days. Customer may contact FleetMaster to review their account and payment history. All services will be suspended at 60 days of non-payment from the date the Past Due Invoice was sent, not Payment Due date.
Re:instatement fee: Should services be suspended for 45 days of non-payment. Calculated from the date the Past Due Invoice was sent, not Payment Due date. A Re: instatement fee of $25 per subscription/account will be due as well as any unpaid, outstanding invoice balances prior to re:instatement of service. If after 60 days their is no resolve, which will be considered a “Breach of Contract” FleetMaster at their sole discretion may stop services completely. Where customers account will be placed into Early Termination Status (see below).
We accept all payment types including Check, Cashiers Check, Money Order, all major Credit Cards, ACH and Electronic Fund Transfers EFT for Orders, Invoices and P.O. Purchase Orders less than $5,000. Orders, Invoices or Purchase Order payments greater than $5,001 for customers security. Should be made via Cashiers Check, Money Order, ACH or Electronic Fund Transfer-EFT. 1st time customer Purchase Order requests with NET 15 or NET 30 requirements etc. will be required to submit credit application for approval. Payments by Check or Money order can be submitted to:
FleetMaster LLC
9919 Rio San Diego Drive Ste 28
San Diego, CA 92108
Deposits: to hold pricing are Non-Refundable. Upon execution of this Agreement, Buyer will immediately submit payment to Seller via wire transfer, CC or Check in the amount of 15% of the Complete invoice cost (the “Deposit”). The Deposit shall be credited against the cash portion of the Purchase Price as shall any additional deposit(s) paid to FleetMaster.
Partial Fleet Implementation / Stage Payments-If Applicable: If Invoice/Contract is for a portion of the entire fleet and is quoted out to reflect entire fleet implementation at reduced cost. IE: 100 vehicle equipment implementations are reflected at the reduced rate that 500 vehicle equipment implementations/installations would cost. Customer will proceed with Stage Payments purchasing /equipment and/or installation services at month 2 month and/or quarterly intervals not to exceed 12 months. If quarterly equipment purchases fall below 1//4 of the total amount of installed vehicles listed in this Agreement. Customer understands that they will be in Breach of this Agreement and all remaining equipment not yet purchased will be due and payable at the 100 unit cost.
Service Agreement: (if applicable) activation shall take effect immediately from the date of initial delivery of equipment. Additional add-ons may be added to existing service agreement term. All customer data is treated as confidential and securely stored. Cancellation does not relieve customer of their obligation to pay any amounts outstanding and/or due by customer under this term agreement.
Service Term: Service Term is 60 months and will be automatically renewed based upon the initial service term length. If customer wishes to discontinue service prior to the end of this term agreement. Please see Early Termination below.
Data Disclaimer. For any Service(s) described in the Agreement utilizing Data and/or Internet. FleetMaster does not and cannot control the flow of data to or from 3rd parties network and other portions of the internet and/or mobile networks. Such flow will depends in large part on the performance, location and connectivity availability provided or controlled by third parties. Actions, inactions or poor performance of such third parties can impair or disrupt data capture or review and/or internet connections to mobile networks (or portions thereof). FleetMaster cannot guarantee that such events will not occur. Accordingly, FleetMaster disclaims any and all liability resulting from or related to such events and in no event shall FleetMaster be liable for any damages (whether in contract or in tort) that are attributable to the data/internet infrastructure, mobile networks or your ability to connect to the internet or mobile networks.
Early Termination: Notwithstanding any other provision of the Contract, if the Contract or Schedule is breached by the customer or terminated for any reason other than a material breach by us, the Early Termination fee will be in place. Early Termination Fees are calculated as follows: your lowest then-current list Service rate plan per Subscription Unit multiplied by the number of Subscription Units activated in your account as of the effective termination date multiplied by the number of months remaining in the Term (the “Early Termination Fee”). Early Termination Fees are liquidated damages and not a penalty and are a part of our rates.
Website Privacy Terms: If you do not agree with any of these terms. Please discontinue your session immediately.
We use Your Personal data to provide and improve the website and it’s Services. By using any FleetMaster associated website and/or Services, You agree to the collection and use of information in accordance with this Website privacy terms, our Privacy our Legal Terms and Conditions and/or Cookie Policy.
Consumer / Client Privacy: FleetMaster has consumer data and information obtained from consumer and client purchases, products and services. Thus, FleetMaster will not sell and will keep that data and information safe and confidential. FleetMaster will only release information upon the client/customers approval. FleetMaster will take an active stance when protecting consumer privacy issues and supporting confidential agreements.
Information Contained: in this website (or any affiliate sub-domains thereof) are subject to the terms and conditions listed below. Please read this information carefully. Your use of this website (or any affiliate sub-domains thereof), including the services provided in this website, signifies your agreement to follow and be bound by these terms and conditions.
IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE OR ANY OF THE SERVICES PROVIDED. BY USING THIS WEBSITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO BROWSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY. YOU AGREE THAT BY USING THIS WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
FleetMaster together with its affiliates (collectively, “FleetMaster”, “we”, “us” and/or “our”), reserves the right to discontinue providing any of the services available on this website, to make changes or updates to this website, or to the products or programs described in this website, or to these terms and conditions at any time without further notice. Your continued use of this website following such changes signifies your acceptance of the revised terms and conditions. It is your responsibility to review these terms and conditions periodically.
Privacy
You should carefully read our full Terms & Conditions and Privacy Policy in their entirety before using this website as it is hereby incorporated into these terms and conditions by reference.
This Privacy Policy describes the policies of FleetMaster, San Diego, CA 92108, United States of America (the), email: info@fleetmasterusa.com, phone: 619-684-1181 on the collection, use and disclosure of your information that we collect when you use our website ( https://fleetmasterusa.com ). (the “Service”). By accessing or using the or any of it’s Services, you are consenting to the collection, use and disclosure of your information in accordance with this Privacy Policy and how it protects you. If you do not consent to the same, please do not access or use the Website or any of it provided Services.
We may modify this Privacy Policy at any time without any prior notice to you and will post the revised Privacy Policy on the Service. The revised Policy will be effective 180 days from when the revised Policy is posted in the Service and your continued access or use of the Service after such time will constitute your acceptance of the revised Privacy Policy. We therefore recommend that you periodically review this page.
- HOW WE USE YOUR INFORMATION:
We will use the information that we collect about you for the following purposes:
- Creating user account
- Support
- Manage customer order
- Manage user account
If we need to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.
- HOW WE SHARE YOUR INFORMATION:
We will not formally transfer your personal information to any third party without seeking your consent, except in limited circumstances as described below:
- Analytics
We require such third party’s to use the personal information for the purpose for which it was transferred and not to retain it for longer than is required for fulfilling the said purpose.
We may also disclose your personal information for the following: (1) to comply with applicable law, regulation, court order or other legal process; (2) to enforce your agreements with us, including this Privacy Policy; or (3) to respond to claims that your use of the Service violates any third-party rights. If the Service or our company is merged or acquired with another company, your information may be one of the assets that is transferred to the new owner.
- YOUR RIGHTS:
Depending on the law that applies, you may have a right to access and rectify or erase your personal data or receive a copy of your personal data, restrict or object to the active processing of your data, ask us to share (port) your personal information to another entity, withdraw any consent you provided to us to process your data, a right to lodge a complaint with a statutory authority and such other rights as may be relevant under applicable laws. To exercise these rights, you can write to us at info@fleetmasterusa.com. We will respond to your request in accordance with applicable law.
Do note that if you do not allow us to collect or process the required personal information or withdraw the consent to process the same for the required purposes, you may not be able to access or use the services for which your information was sought.
- SECURITY:
The security of your information is important to us and we will use reasonable security measures to prevent the loss, misuse or unauthorized alteration of your information under our control. However, given the inherent risks, we cannot guarantee absolute security and consequently, we cannot ensure or warrant the security of any information 3rd party apps may capture in order to enhance your user experience or information that you transmit to us and you do so at your own risk.
- GRIEVANCE / DATA PROTECTION OFFICER:
If you have any queries or concerns about the processing of your information that is available with us, you may email our Grievance Officer at FleetMaster, email:info@fleetmasterusa.com. We will address your concerns in accordance with applicable law.
Complete FleetMaster Cookie Policy – click here
- COOKIES OVERVIEW ETC.
We may use cookies to improve your user functionality and other enhance the performance and experience. Some applications may use cookies and may be essential for some services to work, others are used to collect information of the use of the website (statistics) so that we can make the site more convenient, user friendly and useful for you. Cookies on the site are temporary and will disappear upon your closing your browser.
Functional cookies are used to:
- Collect information on the use of the website (statistics)
- Enhance USER functionality and performance.
- Make sure you are secure while on the site.
- Identify trusted web traffic.
- Make sure the site looks consistent.
- Offer Live chat support.
Manage cookie preferences
You can implement your cookie preferences when entering the website. This will give you the option to allow or withdraw your consent right away.
In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies. Listed below are the links to the support documents on how to manage and delete cookies from the major web browsers.
Chrome: https://support.google.com/accounts/answer/32050
Safari: https://support.apple.com/en-in/guide/safari/sfri11471/mac
Internet Explorer: https://support.microsoft.com/en-us/topic/how-to-delete-cookie-files-in-internet-explorer-bca9446f-d873-78de-77ba-d42645fa52fc
If you are using any other web browser, please visit your browser’s official support documents.
Proprietary Rights
Unless otherwise noted, all information and screens appearing on this website, including 3rd party chat, images, graphics, illustrations, design, icons, logos, images, photographs, video, data, text, documents, services, site design and other materials that are part of this website, as well as the arrangement thereof (collectively, “Content”), are covered by copyrights, trademarks and/or other intellectual properties owned, controlled or licensed to or by FleetMaster. This website as a whole is protected by copyright and trademark, all worldwide rights, titles and interest in and to which are owned by FleetMaster. All third party trademarks, applications, chats, names and logos on this website are the property of their respective owners and are used solely to enhance USER experience and refer to those companies’ goods and services. Chat is with a “Live” person not a Chatbot on the site. Chat DOES NOT automatically capture email, name or phone numbers of any its visitors at any time. Unless End User specifically submits that information. All rights not expressly granted herein are reserved.
Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted Content is strictly prohibited without the express written consent of the copyright owner or licensor. Nothing contained on the website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by FleetMaster or by any third party.
You are prohibited from violating or attempting to violate any security features of the website, including, without limitation, (a) accessing Content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by FleetMaster in providing the website.
FleetMaster reserves the right to terminate the access of any user in its discretion, including without limitation, users who do not observe these terms and conditions and who infringe or otherwise violate the rights of others. Any violation of system or network security may subject you to civil and/or criminal liability.
Use of Software
FleetMaster may make certain software available to you to only enhance your USER experience. Solutions may include chat or links to outside vendors website(s). If you engage, open, download or use any software on any FleetMaster or affiliated websites you have agreed that you have read, agreed and understand all of these terms in their entirety and hold FleetMaster its agent(s), officers and/or affiliates not liable. If you engage in the use of any service or software, including chat all files and images contained in or generated by the site or software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by FleetMaster or respected vendor, for your personal, business, commercial, home use only and shall be subject to any applicable End User License Agreement. Chat on the site DOES NOT secretly capture email, name or phone numbers of any of its visitors at any time. Unless End User specifically submits that information. FleetMaster does not participate in the sharing and/or selling of ANY client information to ANY 3rd parties at any time. FleetMaster does not transfer either the title or the intellectual property rights to the Software, and FleetMaster or it’s vendors retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you de-compile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
Foreign Users
Third-Party Materials from this website and commercial activities conducted through this website may be subject to U.S. export controls. No Third-Party Materials may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Similarly, a national of, resident of, or person located in such locations is not permitted to engage in commercial activities on this website (such as purchasing products or services or making payments). By downloading or using the Third-Party Materials or engaging in commercial activities on this website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country, or on any such list. FleetMaster makes no representation that materials in this website are appropriate or available for use in locations outside of the State of California, Unites States of America. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Feedback
FleetMaster welcomes all comments, feedback, information, or materials regarding our website(s), products or services (“Feedback”), which you submit to FleetMaster by email or otherwise through or in conjunction with any of the website(s). Please note that Feedback shall be considered non-confidential and become the property of FleetMaster. By submitting Feedback to FleetMaster, you hereby assign, and agree to assign, to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback, at no charge. FleetMaster shall be free to use Feedback on an unrestricted basis.
Disclaimers and Limitations on Liability
YOU USE THIS WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. FLEETMASTER HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. FLEETMASTER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS WEBSITE.
FLEETMASTER DOES NOT GUARANTEE THAT THIS WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THIS WEBSITE MAY BE INTERRUPTED DUE TO MAINTENANCE, DISABLED COOKIES, UPDATES, OR SYSTEM OR NETWORK FAILURES. FLEETMASTER DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, FLEETMASTER DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THIS WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISABLED COOKIES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT FLEETMASTER SHALL NOT BE LIABLE FOR DAMAGES TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, AND/OR ANY APPLICATIONS ON THIS SITE. INCLUDING WITHOUT LIMITATION, DIRECT LOSS, PRIVACY, LOSS OF BUSINESS OR PROFITS (WHETHER OR NOT LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED FLEETMASTER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Indemnification
You agree to defend, indemnify and hold harmless FleetMaster, its stockholders, officers, directors, employees and/or agents from and against any and all claims, damages, losses, liabilities, costs, and expenses, including but not limited to attorneys’ fees, arising from: (i) your access to or use of this website; (ii) your infringement, or infringement by any other user of your account, of any privacy and/or intellectual property or other right of any person or entity; or (iii) your violation of any of these terms and conditions. This indemnification obligation will survive your use of this website and any termination, expiration or modification of these terms and conditions.
Miscellaneous
You will resolve any claim, complaint, cause of action or dispute (“claim”) you have with us arising out of or relating to these terms and conditions or this website exclusively in a state or federal court located in San Diego County, California and you consent to submit to the exclusive jurisdiction and venue of such courts. The laws of the State of California will govern these terms and conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If any portion of these terms and conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
These terms and conditions, including the Privacy and Cookie Policy, constitutes the entire agreement between you and FleetMaster regarding use of this website and supersedes any and all prior oral and written understandings, communications and agreements regarding use of this website. None of these terms or conditions may be waived, modified or changed by any means other than posting on this website. If we fail to enforce any of these terms or conditions, it will not be considered a waiver.
All of our rights and obligations arising out of these terms and conditions are freely assignable by us.
None of these terms or conditions are intended to confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing our website.
Privacy Cont.
Information Contained: in this website (or any affiliate sub-domains thereof) are subject to the terms and conditions listed below. Please read this information carefully. Your use of this website (or any affiliate sub-domains thereof), including the services provided in this website, signifies your agreement to follow and be bound by these terms and conditions. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE OR ANY OF THE SERVICES PROVIDED. BY USING THIS WEBSITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO CHAT or BROWSING THE WEBSITE. YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY-COOKIE POLICY. YOU AGREE THAT BY USING THIS WEBSITE YOU REPRESENT THAT YOU GIVE FULL CONSENT AND ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
FleetMaster LLC together with its affiliates (collectively, “FleetMaster”, “we”, “us” and/or “our”), reserves the right to discontinue providing any of the services available on this website, to make changes or updates to this website, or to the products or programs described in this website, or to these terms and conditions at any time without further notice. Your continued use of this website following such changes signifies your acceptance of the revised terms and conditions. It is your responsibility to review these terms and conditions periodically.
Privacy Policy
This Privacy Policy is effective as of June 19, 2021.
This Privacy Policy relates to FleetMaster, LLC, together with its affiliates (collectively, “FleetMaster”, “we”, “us” and/or “our”), and describes our policies and practices with respect to your personally identifiable information (“Personal Information”) and other data that you may give us or that we may collect about you when using our website(s) which contain a link to this policy (collectively “Sites”).
By visiting the our Sites and/or submitting any information via a webform or via Chat you expressly consent to our collection, use and disclosure of your information in the manner described in this Privacy Policy. If you do not agree to these terms, please do not access or use this or any of our related websites.
International transfer of information collected
Service providers, are located in the United States. Accordingly, if you reside outside of the United States, by visiting our website, you agree that your information will be transferred to the United States, and processed and stored in the United States. You also acknowledge and agree that your information may be transferred to facilities of those third parties with whom we share data as described herein.
Individuals Located in the European Union: Your Personal Information may be processed outside the EEA, and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection in the EEA. In this event, we will ensure that such recipient offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers. By submitting any of your Personal Information to the website(s), you consent and agree to the transfer of your Personal Information to FleetMaster and its affiliates, as well as FleetMaster’s service providers which include without limitation, Curbsoft, HDFleet, Mobileye, Fleetio, Zenduit, AccuScore and ProMiles.
Information We Collect
The Personal Information that FleetMaster may collect from you may include the following:
- if you express an interest in obtaining additional information about our services, request customer support, use our CHAT or “Contact Us” or similar features, register to use our websites, sign up for an event or webinar, or download certain content, we generally require you to provide us with your contact information, such as your name, job title, company name, address, phone number, or email address;
- if you make purchases via our websites or register for an event, we may also require you to provide us (or our service providers who provide payment processing services) with financial information and billing information, such as billing name and address, credit card number, or bank account information;
- if you attend an event, we may, upon your consent, scan your attendee badge which will provide us with your name, title and company name, address, country, phone number and email address;
- if you participate in a survey, which may be conducted by a third party, we may collect information you submit related to your use of our products and services;
- if you use and interact with our vendors websites. It is understood that they may automatically collect log files and other information about your device and your usage of our websites through cookies, web beacons or similar technologies, such as IP-addresses or other identifiers, which may qualify as Personal Information;
Log Files, Cookies and Web Beacons
Our vendors servers gather certain information automatically via log files. This collected information may include your IP Address, device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage. This information is used to analyze overall trends, to help us provide and improve your user experience and to guarantee security and continued proper functioning.
FleetMaster also may utilize cookies in order to gather the information described above and for its server to recognize a return visitor as a unique user. Cookies are small text files placed in the “Cookies” folder (or a similar folder) on a visitor’s hard disk and allow FleetMaster to remember the visitor. Most web-browsers offer the option to refuse any cookie, but they also usually accept cookies by default. You can change this default in most browsers and cause the browser to stop accepting cookies or to prompt you before accepting a cookie from a website.
We also may use web beacons on our websites. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to one of our websites. Such tracking technologies are used to operate and improve our websites and email communications and track the clicking of links or opening of emails.
While some internet browsers offer a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and there is no common standard that has been adopted by industry groups, technology companies or regulators. Therefore, we do not currently commit to responding to browsers’ DNT signals with respect to our websites.
FleetMaster or third parties may place or recognize a unique cookie on your browser when you visit our websites for the purposes of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”).
We collect, process your Personal Information for the purposes and on the legal bases identified in the following:
- Operating our websites: 3rd party applications may process your provided Personal Information to the extent necessary for the performance of our contract with you for the use of our websites and to fulfill our obligations under the applicable terms of use/service; where we have not entered into a contract with you, we base the processing of your Personal Information on our legitimate interest to operate, administer and to provide you with content you access and request (e.g., download of certain content from our websites);
- Promoting security of our websites: 3rd party solutions may process your Personal Information by tracking use of our websites, creating aggregated, non-personal data, verifying accounts and activity, investigating suspicious activity, as well as violations of and enforcement of our terms and policies, to the extent this is necessary for the purpose of our legitimate interests in promoting the safety and security of the systems and application used for our websites, and protecting our rights and the rights of others;
- Handling contact and user support requests: If you fill out a “Contact Us” web form, request user support, or if you contact us by other means, we will process your Personal Information for the performance of our contract with you and to the extent it is necessary for the purpose of our legitimate interests to fulfill your request and communicate with you;
- Managing event registrations and attendance: We will process your Personal Information to plan and host the event, conference or webinar, including related communication with you;
- Managing payments: If you have provided financial information. FleetMaster, or its service provider, will process your respective Personal Information to check the financial qualifications and collect payments to the extent this is necessary for completing transaction with you under the purchase order submitted by you;
- Developing and improving our websites: We will process your Personal Information to analyze trends, track your usage of our websites and interactions with emails to the extent this is necessary for our legitimate interests to develop and improve our websites and to provide our users with more relevant and interesting content;
- Displaying personalized advertisements and content: We will process your Personal Information to conduct marketing research, advertise to you, provide personalized information about us on and off our websites, and other personalized content based upon your activities and interests to the extent it is necessary for our legitimate interests to advertise our websites or, where necessary, to the extent you have provided your prior separate consent;
- Sending marketing communications: We will process your Personal Information to send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters, SMS, or push notifications) about us and our affiliates and partners, including information about our products, promotions or events as necessary for our legitimate interests to conduct direct marketing or to the extent you have provided your prior separate consent;
- Complying with legal obligations: We will process your Personal Information when cooperating with public and government authorities, courts or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Information to protect our rights, and is necessary for our legitimate interests to protect against misuse or abuse of our websites, to protect personal property or safety, to pursue remedies available to us and limit our damages, to comply with a judicial proceedings, court order or legal process, and/or to respond to lawful requests.
We may share your Personal Information with the following recipients:
- Our contracted service providers which provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, customer support and data enrichment;
- If you use our websites to register for an event or webinar, we may share your Personal Information with the entity responsible for organizing and/or managing the event to the extent this is required on the basis of the contract with you to process your registration and ensure your participation in the event;
- With third–party social networks, advertising networks and websites, which usually act as separate controllers, so that we can market and advertise on third party platforms and websites;
- In individual cases we may also share Personal Information with professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in countries in which we operate who provide consultancy, banking, legal, insurance and accounting services;
- We may also share your Personal Information with other affiliates to the extent this is necessary to fulfill a request you have submitted via our websites, or for customer support, marketing, technical operations and account management purposes;
- If we are involved in a merger or reorganization, sell a website or business unit, or if all or a portion of our business, assets or stock are acquired by another company, we may transfer some or all of your Personal Information to such third party.
- Any Personal Information or other information you choose to submit to public online forums (e.g. forums, blogs, or chat rooms) on our websites may be read, collected, and/or used by others who visit these forums.
FleetMaster will never sell, share or trade any Personal Information accumulated through one of its websites about website visitors in any manner inconsistent with this Privacy Policy without such visitor’s consent. However, FleetMaster, its partners, agents, officers and employees may provide specific information collected about you, including Personal Information, to third-parties if required to do so by law or in the good faith belief that such action is required to: (i) protect FleetMaster against legal liability; (ii) protect and defend the rights or property of FleetMaster, including without limitation, exchanging information with other companies and organizations for fraud protection or investigation; (iii) comply with a legal obligation; or (iv) act in urgent circumstances to protect the personal safety of visitors or the public.
Data collected from or about you may be used in an aggregate form, that is, as a statistical measure, and not in a form that would reasonably allow anyone to identify you. Along with using this data in aggregate form ourselves, we may share these statistics with certain strategic relations.
Preferences for Marketing Communications
If we process your Personal Information for the purpose of sending mass marketing communications, you may manage your receipt of marketing and non-transactional communications from us by clicking on the “unsubscribe” link located on the bottom of our marketing emails, by replying or texting ‘STOP’ if you receive SMS communications, or by turning off push notifications on our apps on your device. Additionally, you may unsubscribe here or by contacting us using the information in the “Contact” section below. Please note that opting-out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as information about your subscriptions or event registrations, service announcements or security information.
Security
FleetMaster its Suppliers and/or Providers. Employ appropriate administrative, physical and electronic measures that are intended to protect the information gathered from unauthorized access. However, all Internet and electronic transmissions are subject to breach and none are fully secure or error free. FleetMaster cannot guarantee or warrant the security of your Personal Information. FleetMaster will make any legally-required disclosures of any breach of the confidentiality or integrity of any unencrypted electronically stored Personal Information gathered about you via electronic mail or conspicuous posting on this website.
Limitation of Liability
By proceeding forward and engaging using any of our websites you expressly and unconditionally release and hold harmless FleetMaster LLC, and its DBA’s subsidiaries, affiliates, directors, officers, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information. In addition, while FleetMaster takes efforts to ensure the proper and appropriate use of data provided or obtained by third party companies, applications, promotional partners or vendors. FleetMaster is not liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information by FleetMaster or the above-mentioned non-FleetMaster entities. The foregoing shall not apply where such limitation of liability is prohibited by law.
Reservation of Rights
FleetMaster reserves the right to change this Privacy Policy at any time, for any reason, without prior notice. Your continued use of the website currently and/or after any changes have taken effect will indicate that you have agreed to ALL of the terms of these Policies. We recommend that you check our Terms and Policies regularly for changes and updates.
Proprietary Rights
Unless otherwise noted, all information and screens appearing on this website, including images, graphics, illustrations, design, icons, logos, images, photographs, video, data, text, documents, services, site design and other materials that are part of this website, as well as the arrangement thereof (collectively, “Content”), are covered by copyrights, trademarks and/or other intellectual properties owned, controlled or licensed to or by FleetMaster. This website as a whole is protected by copyright and trademark, all worldwide rights, titles and interest in and to which are owned by FleetMaster. All third party trademarks, names and logos on this website are the property of their respective owners and are used solely to refer to those companies’ goods and services. All rights not expressly granted herein are reserved.
Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted Content is strictly prohibited without the express written consent of the copyright owner or licensor. Nothing contained on the website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by FleetMaster or by any third party.
You are prohibited from violating or attempting to violate any security features of the website, including, without limitation, (a) accessing Content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by FleetMaster in providing the website.
FleetMaster reserves the right to terminate the access of any user in its discretion, including without limitation, users who do not observe these terms and conditions and who infringe or otherwise violate the rights of others. Any violation of system or network security may subject you to civil and/or criminal liability.
Third-Party Materials on this website
This website may contain materials, information and/or other Content from third parties and licensors and suppliers to FleetMaster, including software in executable or source code form (collectively, “Third-Party Apps or Materials”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Materials on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Material in any manner unless you have permission from the owner of the Third Party Material. Access, use and download of all Third-Party Materials contained in this website are subject to the Disclaimers set forth below in the section entitled “Disclaimers and Limitations on Liability”. Unless expressly stated otherwise, FleetMaster does not provide technical support for any materials posted on, downloaded from or linked to/from this website.
Links to Third-Party Websites or Apps
Any links to third-party websites, informational media or apps found within this website are provided solely as an added convenience to you. FleetMaster has neither reviewed the contents of these third-party websites nor does FleetMaster claim any responsibility for the content or suitability of these third-party websites and FleetMaster makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The inclusion of links does not imply endorsement of the websites by FleetMaster or any association with their operators.
External Links
This Privacy Policy applies only to your use of a FleetMaster website (or any affiliate sub-domains thereof ). This website contains links to other websites. These other websites are governed by their own privacy statements and policies, and FleetMaster is not responsible for their operations, including but not limited to their information practices. FleetMaster is not responsible for their practices. Links to other websites do not imply our endorsement of the materials or policies on those websites. You should read the privacy policies of each website you visit to determine what information that website may be collecting about you.
All of our rights and obligations arising out of these terms and conditions are freely assignable by us.
None of these terms or conditions are intended to confer any third party beneficiary rights.
You acknowledge you have read and that you completely understand these and ALL terms associated with this and ANY FleetMaster website. You also understand that you will comply with all of these terms and applicable laws when using or accessing our website.