Terms And Conditions
Terms of Use, Legal Notices and Privacy Policy for Fleetilla’s GPS Tracking and Services (FleetOrb/FleetFACTZ).
TERMS OF USE AND LEGAL NOTICES
Agreement to be Bound

Welcome to this website (the “Site”), a service of Fleetilla LLC. By accessing or using this Site, you agree to be bound by the terms of use set forth below (the “Terms of Use”). If you do not wish to be bound by these Terms of Use, you may not access or use the Site. Fleetilla may modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use. By continuing to use the Site after such changes are posted, you accept these Terms of Use as modified.

As used herein, each of the following terms shall be defined and construed as follows:

"Hardware" shall mean any electronic, electrical, mechanical or other physical component supplied by Fleetilla. Hardware may include items such as GPS receivers, GPS tracking units, antennas, batteries, battery chargers, keypads, PDAs, external input/output devices, vehicle bus interface devices, wiring harnesses, mounting brackets, etc.

"Software" shall mean any computer instructions or code, owned or licensed by Fleetilla.

"Services" shall mean services or applications offered and/or provided by Fleetilla for fleet location tracking, location data exchange, and/or fleet data management.

“Site” shall mean Fleetilla’s web-based Fleet Management Application (This Website)

In this DOCUMENT, the terms “we”, “us” and “our” are used interchangeably to refer to Fleetilla LLC, a Michigan limited liability company with offices at 5200 South State Road, Ann Arbor, MI 48108. Similarly, the terms “you” and “your” are used interchangeably to refer to Client Organization using Fleetilla’s Hardware, Software and/or Services
Use of Information

Unless otherwise specified, the entire contents of the Site are copyrighted under the United States copyright laws. The owner of the copyright is Fleetilla and/or its partners, where applicable. To the extent that Fleetilla has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, Fleetilla grants you permission to use the Site in connection with our Services and to copy or otherwise download from the Site, information and materials including related graphics), subject to the following restrictions:

1. you may not remove, or disassociate, from any of the materials any copyright or other proprietary notices contained in the materials;

2. you may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms of use;

3. you may not disclose account information (including any access codes) to any third party and you may not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use; and

4. you may not use this Site in violation of any applicable laws or in any manner that is harassing, libelous, defamatory, obscene, or threatening.

Documents posted by Fleetilla on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by Fleetilla or third parties. Nothing contained herein shall be construed by implication, estoppels or otherwise as granting to you a license under any copyright, trademark, patent or other intellectual property right of Fleetilla or any third party.

Trademarks

The Fleetilla name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Fleetilla LLC. and may not be used in any manner without the prior written consent of Fleetilla LLC. Other products and service marks are trademarks of their respective owners.

PAYMENT OF FEES

You agree to pay all charges to your account, including any applicable taxes, at the rates in effect when the charges are incurred. We may change the fees and charges in effect, or add new fees or charges, by giving you notice. You may be required to pay sales tax, use tax, VAT, goods and services tax, import duties or similar transaction/use-oriented taxes and duties for the purchase of Fleetilla Hardware, Software and/or Services. You acknowledge that you are liable for these taxes and duties. If a government authority in your operating region requires Fleetilla to pay any taxes and duties (subsequent to the purchase transaction, as a result of your ongoing subscription to Fleetilla’s Services, etc.) that were not collected from you or that you did not pay, then you agree to reimburse Fleetilla for these amounts or provide evidence of your prompt payment of these taxes and duties to the relevant authorities.

Consent to Monitoring

Fleetilla is under no obligation to monitor the information residing or transmitted to the Site. However, you agree that Fleetilla may monitor the Site to (1) comply with any necessary laws, regulations or governmental requests; (2) to, in its sole discretion, operate the Site in a manner it deems proper or to protect against conduct it deems inappropriate. Fleetilla shall have the right but not the obligation, to reject or eliminate any information residing on or transmitted to the Site that it, in its sole discretion, believes is unacceptable or inconsistent with these Terms of Use.

Information Provided by You

You agree that all information provided by you shall be, to the best of your knowledge, accurate, current, correct, and complete. Fleetilla is not responsible for incomplete or inaccurate information. You agree not to provide any information that would violate any third party’s intellectual property rights. You agree not to post viruses or any harmful software or data that would interfere with the functioning of or damage of this Site.

Endorsements and Linked Sites

Fleetilla may provide mechanisms to export fleet location data in a format that is compatible with third-party software, for example, Google Earth KML format, for your convenience. Fleetilla does not in any manner endorse, support, resell, or license such third-party software. You will need to directly contact these software vendors/providers for information on their license and support.

Third Party Interfaces

Fleetilla may provide mechanisms to export fleet location data in a format that is compatible with third-party software, for example, Google Earth KML format, for your convenience. Fleetilla does not in any manner endorse, support, resell, or license such third-party software. You will need to directly contact these software vendors/providers for information on their license and support.

Third Party GIS Data

Mapping and other GIS data provided originate from various sources, including but not limited to

OpenStreetMap(https://www.openstreetmap.org/copyright)

CoreLogic, Google, NAVTEQ, Queen’s Printer for Ontario, etc.

The copyrights for these belong to the respective providers.

Disclaimer of Warranty and Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL FLEETILLA OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT RESULTING FROM ACCESS TO OR USE OF THIS SITE, OR THE INTERNET GENERALLY, UNDER CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY. ALTHOUGH FLEETILLA BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, FLEETILLA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE CONTENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

The sole warranty provided by FLEETILLA to you for Hardware products is set forth in Exhibit A of your Customer Service Agreement. OTHER THAN SUCH WARRANTY, THE PRODUCTS PROVIDED BY FLEETILLA ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITH NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FLEETILLA OR ITS SUPPLIERS OF HARDWARE, SOFTWARE OR NETWORK SERVICES WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL ARISING OUT OF YOUR USE OF THE PRODUCTS. FLEETILLA AND ITS SUPPLIERS OF HARDWARE, SOFTWARE AND NETWORK SERVICES EXPRESSLY DISCLAIM THAT THE SERVICE WILL BE WITHOUT INTERRUPTION OR ERROR-FREE.

NOTWITHSTANDING ANYTHING IN THESE TERMS, IN THE AGREEMENT, OR OTHERWISE TO THE CONTRARY, THE MAXIMUM AGGREGATE AND CUMULATIVE LIABILITY OF FLEETILLA AND ITS SUPPLIERS OF HARDWARE, SOFTWARE OR NETWORK SERVICES TO YOU IS LIMITED TO THE FEES ACTUALLY RECEIVED BY FLEETILLA FROM YOU DURING THE 12 MONTHS IMMEDIATELY PRIOR TO THE TIME THAT THE CAUSE OF ACTION OR CLAIM ACCRUED.

Location, mileage and other information provided by Fleetilla require the use of the Global Positioning System (“GPS”) constellation of satellites and their respective signals and processing, all of which are under the control of the U.S. Department of Defense. The availability and accuracy of this information are based on these signals and are subject to prevailing department policies, atmospheric conditions, and satellite visibility. Fleetilla is not responsible for the accuracy of GPS signals or any element of the GPS system.

Fleetilla and its providers of network Services make no representations about the nature, effectiveness, bandwidth, or usefulness of GPS, wireless, Wi-Fi, or other coverage in your operational area and are not responsible for any interruptions in connectivity.

You acknowledge that battery life (for any battery powered device) is a function of many things, including (a) the type of connectivity available, (b) the number of GPS satellites visible based on the location of installation on the asset (c) temperature extremes that the Hardware will be subjected to, (d) amount of asset movement per day and (e) chemical imperfections in the specific battery pack being used. Any battery life provided by Fleetilla for battery powered equipment is a rough estimate, considering typical/average conditions and is provided for strictly planning purposes only.

Services may be limited or unavailable based on difficulties with the Internet generally or your web browser, computer, office or home wiring or Internet Service provider. We do not guarantee continuous and uninterrupted access to Services or the Site.

INDEMNIFICATION

You will indemnify, defend, and hold harmless us and our suppliers, licensors, equity holders, managers, directors, officers, employees, agents, affiliates, and other customers from and against all damages, losses, claims, fees, and costs (including reasonable attorneys’ fees) resulting from any claim, event, cause of action, enforcement, action, or proceeding that arises out of or is related to (a) your use, or use that you require, cause, or facilitate, of the Hardware, Software, or Services or any other good, service, or software that we provide or (b) any event or any act or omission by you that, if true, would constitute a violation of any representation or warranty by you or a breach or default by you of any provision of this Agreement.

Security and Export Restrictions

You agree that you will comply with any security processes and procedures (such as passwords) specified by Fleetilla with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through the Site which are not intended for general public access, unless you have been provided with explicit written authorization to do so by Fleetilla. You agree to notify Fleetilla immediately if you become aware of any security breach.
Fleetilla’s Hardware, Software and Services are subject to United States export regulations that are administered by various Unites States government agencies. You acknowledge and agree to comply strictly with all applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. You shall not authorize or permit your employees, agents, successors or assigns to export or re-export any Hardware, Software and/or Services to any party or destination identified as a prohibited

Failure to Comply

Fleetilla has the right to terminate or restrict your access to the Site, unilaterally and without notice, in the event you violate any of these Terms of Use. Fleetilla also reserves any and all remedies at law or equity in connection with violation of these Terms of Use.

No Interruption

You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

No Soliciting

You agree not to use the Site to advertise or to solicit anyone to buy or sell products or services, or to make donations of any kind.

International Users and Choice of Law

The site is controlled, operated and administered by Fleetilla or its agents from its offices within the United States of America. Fleetilla makes no representation that materials at this Site are appropriate or available for transmission to or from, or use in, locations outside of the United States and accessing the Site from territories where the Site’s contents are illegal is prohibited. You may not use the Site or export the materials in violation of United States or any other export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. The laws of the State of Michigan and the federal laws of the United States (without regard to the choice of law rules of Michigan or the United States) govern these terms of use and performance under them.

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PRIVACY POLICY

This privacy policy (this “Privacy Policy”) discloses the privacy practices of Fleetilla for the Site. The privacy policy does not cover information Fleetilla collects by means other than the Site.

Information Collected

Fleetilla collects personally identifiable information about you when you voluntarily submit such information to Fleetilla by, for example, filling out a registration form. The type of personal information that may be requested is often limited to your name, address, e-mail address and telephone number, but may include other information as needed to provide the services you request.
Fleetilla will not make customer-specific information that is gathered on the Site available to unaffiliated organizations for commercial purposes unrelated to the business of Fleetilla, except with the customer’s permission, as required by law, for safety reasons, or to survey customer satisfaction, under nondisclosure protection. Fleetilla does not sell customer information from the Site to any outside party.

Use of Information

In general, Fleetilla will only use the information you provide it for the purpose for which such information was provided. While Fleetilla may also use this information to deliver to you information about Fleetilla and promotional material, Fleetilla will take commercially reasonable steps to safeguard the information from unauthorized access. You may opt-out of receiving future mailings from Fleetilla by following the instructions set forth in the “Opt-Out Right” section below.

Use of Generic Data

When you visit the Site, Fleetilla logs general data, including your domain name (e.g. aol.com; bellsouth.net, etc.), the name of the web page from which you entered our sites, and how much time you spend on each page. Fleetilla uses this information to continually monitor and improve the Site.

Security

While Fleetilla will use commercially reasonable efforts to safeguard the confidentiality of your personal information, you acknowledge that transmissions made by means of the Internet and/or data stored on a computer cannot be made absolutely secure. Fleetilla will have no liability for disclosure of your personal information due to errors in transmission or unauthorized acts of third parties.

Use of Cookies

When you view this Site, we may store information on your computer. This information will be in the form of a “cookie” or similar file. Cookies are small pieces of information stored on your hard drive. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, cookies help you navigate a web site as easily as possible. Fleetilla may use cookies to deliver content specific to your interests and to prevent you from having to reenter your registration data each time you visit this Site.

Child Online Privacy Protection Act (COPPA) Compliance

It is the policy of Fleetilla to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personally identifiable information through this Site. If you are under the age of 18 and have already provided personally identifiable information through this Site, please contact (or have your parent or guardian contact) Fleetilla immediately so that Fleetilla may remove such information from its files.

Other Web Sites

This Site may contain links to other websites. Fleetilla is not responsible for the content or privacy policies of other websites. This Privacy Policy only applies to information collected on the Site by Fleetilla.

Correction of Information

To correct any inaccuracies, please contact Fleetilla via e-mail at sales@fleetilla.com

Changes to this Privacy Policy

Fleetilla reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Privacy Policy, in whole or in part, at any time. The current Privacy Policy will be posted on the Site.

Feedback

Fleetilla welcomes your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to this, or any other issue.

Fleetilla LLC.
5200 South State Road
Ann Arbor, MI 48108
United States
(734) 995-5100
sales@fleetilla.com