These website terms and conditions apply solely to websites owned or operated by Fleetmatics and its affiliates, successors, and assigns ("Fleetmatics"). Please note that certain other Fleetmatics services may have additional terms and conditions regarding your use of those services, and nothing in these terms and conditions is intended to modify such additional terms and conditions. IF YOU DO NOT AGREE TO THESE WEBSITE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS WEBSITE.
Without the express prior written authorization of Fleetmatics, you may not:
- Use any data mining robots ("bots"), hardware or software modules that add a specific feature or service by plugging into an existing larger system ("plug-ins"), or other data gathering and extraction tools, scripts, applications, or methods on this site;
- Use any device, software or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein;
- Take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers;
- Decompile, reverse engineer, modify or disassemble any of the software in or associated with site or its network infrastructure;
- Use any meta tags or any other "hidden text" using Fleetmatics’s name or any Fleetmatics’s trademark without Fleetmatics’s prior written permission; or
- Otherwise exceed your limited access to the site as authorized by Fleetmatics.
Fleetmatics reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal, and Fleetmatics reserves the right to take legal action.
The website may contain other proprietary notices, content or describe products, services, processes or technologies owned by Fleetmatics or third parties. Except as may be expressly set forth herein, nothing contained herein shall be construed as granting to the user a license or right under any copyright, trademark, patent, right of publicity or right of privacy or other proprietary or intellectual property right of Fleetmatics or any third party.
Requirements for linking to www.fleetmatics.com
You may link to our site, subject to the following guidelines:
- You must link only to our homepage, and not to pages within the site itself.
- The Fleetmatics link must not appear connected to any other logos and graphics.
- The Fleetmatics link must not be used in any way that implies an endorsement or sponsorship by, or affiliation with Fleetmatics service of any third party or their product or service.
- You may only use a text hyperlink, and no use of the Fleetmatics logo or Fleetmatics artwork or graphics is permitted.
- The Fleetmatics name and trademark must not be associated with unfair, deceptive or libelous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies.
Fleetmatics and the Fleetmatics Logo are trademarks. Nothing contained in this site should be construed as granting by implication, estoppel or otherwise a license or right to use the trademark Fleetmatics or the Fleetmatics Logo without the prior written permission of Fleetmatics or its respective owner.
Consent to Monitoring and Disclosure
Fleetmatics is under no obligation to monitor the Content and any other information residing on or transmitted to our servers. However, anyone using this website agrees that Fleetmatics may monitor the site and its servers contents periodically to (1) comply with any necessary laws, regulations or other governmental requests and/or (2) operate the website properly or to protect itself and its users. Fleetmatics reserves the right to modify, reject or eliminate any information residing on or transmitted to its servers that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your access to the site for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and Fleetmatics reserves the right to take legal action.
Submission of Ideas
We welcome your comments about our site, products and services (“Comments”). However, we ask you limit your Comments to your experience with our site, products and services. Please do not send to us any unsolicited creative ideas, suggestions or materials, including but not limited to creative artwork samples, feedback, data, answers, questions, comments, suggestions, plans, ideas for new products, promotions, product names, advertising campaigns, technologies or processes (“Ideas”). The Comments and Ideas that you may submit shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Fleetmatics for any purpose whatsoever. Please understand that Fleetmatics makes no assurances that your Comments and Ideas will be treated as confidential or proprietary. Please also understand that Fleetmatics shall be free to copy, use, modify, disclose and distribute your Comments and Ideas without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
Disclaimer of Liability
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. FLEETMATICS, ITS AFFILIATES, LICENSORS AND SERVICE PARTNERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO ANY CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS ACCESSED FROM OR VIA THIS SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FLEETMATICS DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR ANY USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL FLEETMATICS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, THIS SITE OR THE INTERNET GENERALLY.
Any Fleetmatics material on this site may include technical inaccuracies or typographical errors. THE CONTENT PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY FLEETMATICS, ITS AFFILIATES, LICENSORS, SERVICE PARTNERS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER FLEETMATICS NOR ITS AFFILIATES WARRANT THAT THE CONTENT ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OR VIRUSES OR OTHER HARMFUL COMPONENTS.
Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Fleetmatics. Product and service information is the sole responsibility of each individual vendor. We encourage you to be aware when you leave our site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.
You acknowledge that the export, import and use of these websites are regulated by the U.S. and other governments and will comply with all applicable export control laws, rules and regulations, including the Export Administration Act and the regulations promulgated thereunder by the Department of Commerce and Department of Treasury. Additionally, you hereby represent and warrant that: (i) you are not subject to any government order suspending, revoking or denying export or import privileges necessary for the performance of your obligations hereunder; (ii) you are not now based in, do not maintain an office in are not incorporated in or a citizen of and do not intend to travel to Cuba, Crimea, Iran, North Korea, Sudan, Syria or other locations subject to sanctions by the U.S. or other governments; (iii) you will not re-export or divert any content to a country, individual or activity in contravention of applicable laws, rules or regulations; and (iv) you will not use any content in the development, production, handling, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or their missile delivery systems or in connection with any materials or equipment that could be used in such weapons or their missile delivery systems or to resell or export them to any entity involved in such activity.
Digital Millennium Copyright Act
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believe to be residing on Fleetmatics’ system or network, should be promptly sent in the form of written communication to Fleetmatics Designated Agent:
Designated Agent for DMCA Notices
Verizon- Attn: Copyright Department
1320 North Courthouse Road
Arlington, Virginia 22201
Facsimile No.: 703-351-3669
Email address: DMCA@verizon.com
IMPORTANT NOTE: No other notices or communications should be sent to the designated agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
Please be aware that there are substantial penalties for false claims.
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
How to Report Child Pornography
Child pornography is the depiction of a child under the age of eighteen (18) engaged in sexually explicit behavior. If you see what you believe is child pornography that has been posted by a third party on a Fleetmatics website, or you receive it through a Mobile App or on your phone through a text message or email, please immediately contact your local FBI field office or the National Center for Missing and Exploited Children ("NCMEC"). It is important that you do not copy, send or forward the content unless and until you have been directed to do so by an authorized law enforcement officer. You can find contact information for your local FBI office by visiting the following website: www.fbi.gov/contact/fo/fo.htm. To contact NCMEC, please call 1-800-843-5678 (Child Pornography Tipline). You can also file a report online at the following NCMEC website: www.CyberTipline.com.
All information posted on the site is subject to change without notice. In addition, these terms and conditions may be changed at any time without prior notice. We will make such changes by posting them on this site. You should check the site for such changes frequently. Your continued access of the site after such changes conclusively demonstrates your acceptance of those changes.
You agree to indemnify, defend and hold harmless Fleetmatics and its affiliates, including its and their employees, directors, officers, licensors, service providers, agents, business partners, contractors, distribution partners and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from or related to any breach by you of any of these terms and conditions or applicable law.
Except for trademark and copyright matters governed by the federal laws of the United States, the foregoing provisions shall be governed and construed in accordance with the substantive laws of the State of New York, without regard to the principles of conflict or law thereof.