PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEBSITE. THIS WEBSITE AND THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
Copyright © 2015 Fleetmatics Development Limited. All rights reserved.
All documents and information on the Fleetmatics website are protected by copyright. Except as specifically permitted herein, no portion of the documents or information on this website may be reproduced in any form or by any means without the express written consent of Fleetmatics.
Content and Liability Disclaimer
Fleetmatics shall not be responsible for any errors or omissions contained on any Fleetmatics website and reserves the right to make changes anytime without notice. Mention of non-Fleetmatics products or services or mentions of or links to third party content is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Fleetmatics. All Fleetmatics and third-party information provided on any Fleetmatics website is provided on an “as is” basis.
FLEETMATICS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES, AND ANY THIRD PARTY CONTENT) PROVIDED ON ANY FLEETMATICS WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event shall Fleetmatics be liable for any damages whatsoever, and in particular Fleetmatics shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any Fleetmatics website, any Fleetmatics product or service. This includes damages arising from use of or in reliance on the documents or information present on any Fleetmatics website (including any information posted or placed by anyone other than Fleetmatics), even if Fleetmatics has been advised of the possibility of such damages.
Release of Information for Legal Reasons
We may release information concerning your use of the website as required by law and when we believe in good faith that such release is appropriate to protect our rights and/or comply with a judicial proceeding, court order or legal process served on us or the website.
Any information provided to Fleetmatics in connection with any Fleetmatics website shall be provided by the submitter and received by Fleetmatics on a non-confidential basis. Such information shall be considered non-confidential and property of Fleetmatics. By submitting any such information to Fleetmatics you agree to a no-charge assignment to Fleetmatics of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. Fleetmatics shall be free to use such information on an unrestricted basis.
Information contained in this site may contain references to Fleetmatics products or programs that are not announced or available in all countries. Such references do not imply that Fleetmatics intends to announce such products, programs or services in any particular country. Consult your local Fleetmatics representative or email Fleetmatics at infoUSA@Fleetmatics.com for information regarding the products and services that are available to you. Fleetmatics’ obligations with respect to its products and services are governed solely by the license and/or service agreements under which they are provided. If you obtain a product or service from Fleetmatics from this website that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Third Party Content and Links to Third-Party Sites
The Fleetmatics websites may contain information provided by third parties or links to third-party sites. Access to any third party content or to any website linked to any Fleetmatics website is not the responsibility of Fleetmatics and Fleetmatics is not responsible for the accuracy, or reliability of any content on such websites. Further, the mention of any third party content or the presence of a link to a third-party site does not mean that Fleetmatics endorses that third party content or third party site, any third party’s products, or the views expressed on the third party site. Fleetmatics provides these links and information merely for convenience and not as endorsement or recommendation by Fleetmatics.
Limitation of Liability
IN NO EVENT WILL FLEETMATICS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF FLEETMATICS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law and Jurisdiction
This Fleetmatics website is controlled by Fleetmatics from its offices in Massachusetts, United States of America. All matters relating to your access to, or use of any Fleetmatics website shall be governed by U.S. federal law or the laws of the Commonwealth of Massachusetts. Any legal action or proceeding relating to your access to or use of any Fleetmatics website shall be instituted in a state or federal court in Massachusetts. You and Fleetmatics agree to submit to the jurisdiction of, and agree that venue is proper in these courts.
You may not access, download, use, or export information (including any software, products or services) contained on this Fleetmatics website in violation of U.S. export laws or regulations, or in violation of any applicable laws or regulations.
The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the Fleetmatics website are the property of Fleetmatics Development Limited and other parties. Nothing contained on the Fleetmatics website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark. In particular, the Fleetmatics name and logos are registered trademark of Fleetmatics Development Limited in the United States and several non-U.S. countries.
Any translation of these Terms and Conditions is done for local requirements, and in the event of a dispute between the English and non-English language version, the English language version shall govern.
Country Specific Terms
In the event of a conflict between these Terms and Conditions and the country specific terms set out below, the country specific terms shall apply. Notwithstanding anything to the contrary above, if you are accessing or using the Services in the following countries, you also agree to the following:
Limitation of Liability. FLEETMATICS DOES NOT EXCLUDE LIABILITY ARISING UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) OF AUSTRALIA.
Governing Law. The validity, construction and performance of the Terms and Conditions will be governed by and construed in accordance with the laws of New South Wales, Australia.
Governing Law. Notwithstanding that the governing law of these Terms and Conditions is that of the Commonwealth of Massachusetts, such choice of law will not deprive a business or consumer in France of the mandatory protection afforded to them by the French Consumer Code or other French law, as applicable.
Governing Law. The validity, construction and performance of the Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of Ireland.
Governing Law. The validity, construction and performance of the Terms and Conditions will be governed by and construed in accordance with the laws of the England and Wales.