Terms of Service

Last Updated:  February 26, 2015

 

The terms and conditions contained herein (this “Agreement”) constitute a legal agreement between you, whether you are a Customer or Driver (each as defined below, and collectively “You”) and Fleetzen Corp., a Delaware corporation located at 701 5th Ave STE 4200 Seattle WA 98104 (“fleetzen,” “we” or “us”). In order to use the Services (as defined below), You must agree to the terms and conditions set forth in this Agreement. The terms and conditions below are applicable to the fleetzen application (the “App”), any affiliated websites (including any versions optimized for viewing on a wireless or tablet device) and all other interactive features, services and communications provided by fleetzen (collectively, the “Services”). By downloading, installing or using the App (as defined below) or submitting content to the Services, You hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions that we may publish from time to time. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THE SERVICES.

The Services enable persons seeking driving and delivery services for their items (“Customers”) to be matched with drivers who meet the criteria set forth herein and in the fleetzen driving application (“Drivers”). FLEETZEN AND FLEETZEN’S SUBSIDIARIES AND AFFILIATES DO NOT PROVIDE DRIVING SERVICES AND ARE NOT A DRIVER. IT IS UP TO THE DRIVER TO OFFER DRIVING SERVICES WHICH MAY BE SCHEDULED BY THE DRIVER AND CUSTOMER THROUGH USE OF THE SERVICES. FLEETZEN OFFERS INFORMATION AND A METHOD TO OBTAIN AND SCHEDULE DRIVING SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE DRIVING SERVICES OR ACT IN ANY WAY AS A DRIVER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DRIVING SERVICES ARRANGED THROUGH THE SERVICES.

1. Apple Disclaimer:The following paragraph applies to any version of the App that You acquire from the Apple App Store. This Agreement is entered into between You and fleetzen. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Services. Fleetzen, not Apple, is solely responsible for the Services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon Your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof. This Agreement incorporates by reference theLicensed Application End User License Agreement published by Apple, for purposes of which, You are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

2. License to Services: Fleetzen grants You a limited, revocable, non-exclusive, non-transferable license to access and make use of the Services, API, or their content on the corresponding platforms and not to modify all or any portion of the Services and their content. This license does not include any resale of the Services or their contents; any collection and use of any images or third party content on the Services; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another company or user; or any use of data mining, robots, or similar data gathering and extraction tools. The Services and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without fleetzen’s express written consent. You will not access or attempt to access content on the Services through any interface except for the publicly provided interfaces provided by fleetzen. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of fleetzen, its content providers or its affiliates without express written consent. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Additionally, You agree that You will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to You.

3. Copyright and Ownership: All of the content featured or displayed on the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by fleetzen, its licensors, vendors, agents and/or its Content providers, excluding any Content submitted by Customers or Drivers. All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which such Services are being made available. Except as may be otherwise indicated in specific documents within the Services or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found on our Services solely their intended purposes. Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Services. Except as authorized under the copyright laws, You are responsible for obtaining permission before reusing any copyrighted material that is available on the Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services and Services. The Services, its Content and all related rights shall remain the exclusive property of fleetzen or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Services.

4. Trademarks/No Endorsement: All trademarks, service marks and trade names of fleetzen used herein (including but not limited to: fleetzen name, fleetzen corporate logo, the Services name, the Services design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of fleetzen or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify fleetzen trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without fleetzen’s prior written consent. The use of fleetzen trademarks on any other web site or network computer environment is not allowed. Fleetzen prohibits the use of fleetzen trademarks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance. You shall not use fleetzen’s name or any language, pictures or symbols which could, in fleetzen’s judgment, imply fleetzen’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

5. Account Registration and Security: You understand that You will need to create an account to have access to all of the parts of the Services whether You are a Customer or a Driver. In consideration of Your use of the Services, You will: (a) provide true, accurate, current and complete information about Yourself as prompted by the Services’ registration page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or fleetzen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, fleetzen has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of Your password and account. Furthermore, You are entirely responsible for any and all activities that occur under Your account. You will not share Your account information or Your user name and password with any third party or permit any third party to logon to the Services using Your account information. You agree to immediately notify us of any unauthorized use of Your account or any other breach of security of which You become aware. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services and Services. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide Your personally identifiable information will be able to access Your account so You should take reasonable steps to protect this information. The Services may also include a tool that allows You to sign in or register using information from Your account with a third party service, such as Facebook, Twitter and Google. These third party services are unrelated to the Services, and Your login using such third party registration information and use of such third party services is subject to the terms and policies of those services.

6. User Submissions and Comments: You retain all Your rights to any Content (e.g. comments, photographs, delivery coordinates etc.) that You create, submit or share using the Services (“User Submissions”). By posting User Submissions on our platform, You expressly grant fleetzen a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display the Content in Your User Submission and Your name, voice, and/or likeness as contained in Your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including promotion of the fleetzen Services, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and fleetzen shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. If You upload a User Submission to the Services or other third party websites or applications (for example, by sharing Your Content on other social media), You also understand that You are giving other users the right to modify, copy, distribute, publicly perform, publicly display, and create derivative works from it.

7. Inappropriate User Submissions: fleetzen does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute a crime or tort. You agree that You have not and will not engage in any of the foregoing activities in connection with producing Your submission; OR (IV) ARE SEXUAL IN NATURE . Without limiting the foregoing, You agree that in conjunction with Your submission, You will not inflict emotional distress or abuse on other people, will not humiliate other people (publicly or otherwise), will not assault, stalk or threaten other people, will not enter onto private property without permission, will not will not impersonate any other person or misrepresent Your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Fleetzen will reject any submissions in which fleetzen believes, in its sole discretion, any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms of Use, fleetzen reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Site at any time and without notice.

8. Inappropriate Material: You are prohibited from using the Services to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the offending party to civil and criminal penalties. You further understand and agree that sending unsolicited advertisements or “spam” to any user of the Services or the Services or through voice computer systems is expressly prohibited by this Agreement. Any such unauthorized use of our computer systems is a violation of this Agreement and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that You have violated or are likely to violate the foregoing prohibitions or the rules in our commenting FAQs linked to here, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning You from leaving comments or participating in our forums and communities and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

9. User Published Content: User Submissions and User published Content do not represent the views of fleetzen or any individual associated with fleetzen, and we do not control this Content. In no event shall You represent or suggest, directly or indirectly, fleetzen’s endorsement of user published Content. Fleetzen does not vouch for the accuracy or credibility of any user published Content on our Services, and does not take any responsibility or assume any liability for any actions You may take as a result of reading user published Content on our Services. Through Your use of the Services and Services, You may be exposed to Content that You may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Services, You assume all associated risks.

10. Advertising Rights: Fleetzen reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with Your User Submission, and fleetzen and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate fleetzen to sell, license or offer to sell or license any advertising, promotion or distribution rights.

11. Third Party Links: From time to time, the Services may contain links to web sites that are not owned, operated or controlled by fleetzen or its affiliates. All such links are provided solely as a convenience to You. If You use these links, You will leave the Services. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that You may obtain from using any other web sites. If You decide to access any other web sites linked to or from this Services, You do so entirely at Your own risk.

12. Transactional Partners: In some cases we partner with another company to co-promote their services within our Services. In these cases, You are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible and their terms of service are posted. When using these partner pages, You are bound by partner terms of service in addition to remaining bound by fleetzen terms of service. When there is a conflict between these terms of service and the partner’s terms of service, these terms of service will prevail.

13. Arranging for Driving Services: Customer may request driving and delivery services through the Services by first selecting the type of vehicle (i.e., truck, van, SUV) that Customer requires and confirm that order through the Services. Once Customer confirms the order (subject to the cancellation policy), fleetzen will match Customer with the nearest available Driver that matches Customer’s request. Once matched, Customer and Driver may communicate regarding the driving and delivery services through the Services, but not through any other means. Fleetzen may utilize a third party provider to facilitate text, voice and other communications between Customer and Driver (such as to mask a party’s phone number) and if fleetzen so utilizes such third party, such third party’s terms of service will apply to the services such third party performs.

14. Customer Payment Terms: Fleetzen will charge Customers for the driving services they obtain through the Services in accordance with fleetzen’s Pricing Policy. Customer acknowledges and agrees to the refund and cancellation policies set forth in such Pricing Policy. Customer will provide a valid credit card upon the commencement of any transaction through the Services, which Customer may then elect to keep on file for future transactions. All charges will be billed to the credit card that Customer submitted through the Services when the Driver indicates through that the transaction has concluded. Fleetzen may utilize a third party payment processor to facilitate payment processing, and if fleetzen so elects, the terms of service of such third party payment processor shall apply to all information Customer submits as part of the payment processing. When a Customer provides credit card information, account numbers or other information necessary to facilitate payment for Customer’s use of the Services, Customer represents to us that Customer is the authorized user of such payment method that is used to pay for the products and services. By agreeing to do business with fleetzen and use credit cards to pay us, Customer is agreeing to terms of service of the payment provider. In the event legal action is necessary to collect on balances due, Customer agrees to reimburse fleetzen and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Customer is responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Services.

Payment processing services for drivers on fleetzen are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a customer or driver on fleetzen, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of fleetzen enabling payment processing services through Stripe, you agree to provide fleetzen accurate and complete information about you and your business, and you authorize fleetzen to share it and transaction information related to your use of the payment processing services provided by Stripe.

15. Driver Payment Terms: Fleetzen will collect all payments owing from Customer as set forth above. Driver must supply bank account information to fleetzen to establish automated payout. Customers are responsible for all payments to Drivers. Fleetzen will compensate Driver in accordance with the payment policies set forth in the Driver application, provided that Fleetzen will not be responsible to Driver for Customer’s failure to pay, or arrange for any payment to be made, to Driver.

16. Access and Interference:You agree that You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Services; or (iii) bypass any measures we may use to prevent or restrict access to the Services.

17. Right to Takedown Content: Except as disclosed in our Privacy Policy, we will not monitor, edit, or disclose the contents of a user’s e-mail unless required in the course of normal maintenance of the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on fleetzen or the Services; (2) protect and defend the rights or property of fleetzen, the Services, or the users of the Services; or (3) act in an emergency to protect the personal safety of our users, the Services, or the public. Users shall remain solely responsible for the content of their messages and fleetzen shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Services.

18. General Representations and Warranties: You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, You affirm, represent and warrant the following: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 3; (ii) if necessary You have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released You from any liability that may arise in relation to such use; (iii) You have read, understood, agree with, and will abide by the terms of this Agreement; (iv) the User Submission and fleetzen’s use thereof as contemplated by this Agreement and fleetzen will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (v)the User Submission does not contain: (a) material falsehoods or misrepresentations that could harm fleetzen or any third party; (b) Content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

19. Customer Representations and Warranties: Each Customer represents and warrants that: Customer is over the age of 18, has the right and authority to enter into this Agreement, is fully able and competent to satisfy the terms, conditions, and obligations herein, and Customer’s use of the Services is and will be in compliance with all applicable laws. Customer shall be solely responsible for obtaining all necessary permission to arrange for delivery services through the Services at any private property or residence.

20. Driver Representations and Warranties: Each Driver represents and warrants that such Driver: (a) is at least 21 years of age; (b) possesses a valid driver’s license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide transportation to third parties in all jurisdictions in which such Driver participates in the Services; (c) owns, or has the legal right to operate, the vehicle such Driver uses when participating in Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; (d) is named or scheduled on the insurance policy covering the vehicle such Driver uses when accepting Riders; (e) has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Driver’s vehicle to cover any anticipated losses related to such Driver’s participation in the Services; (f) will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Driver uses to participate in the Services, including, but not limited to personal injuries, death and property damages (g) will obey all applicable laws related to the matters set forth herein, and will be solely responsible for any violations of such laws; (h) will not make any misrepresentation regarding the App, the Services or such Driver’s status as a Driver, offer or provide transportation as a public carrier or taxi service, or engage in any other activity in a manner that is inconsistent with such Driver’s obligations under this Agreement; (h) will not transport any Individual in Driver’s vehicle while performing the Services; (i) will not transport a Customer’s items on any trip arranged through the App which is in excess of one hundred (100) miles or across state lines; (j) will not transport pets, livestock, or hazardous materials without appropriate permits; (k)will only accept Customer’s items for transport using the vehicle that has been reported to fleetzen; (l) will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (m) is medically fit to drive in accordance with applicable law; and (n) in the event of a motor vehicle accident, will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Driver’s insurance carrier.

21. Driver Requirements: If You wish to become a Driver and make Your driving services available through our Services, You will register an account on the Services in accordance with Section 5 of this Agreement and will submit a complete and truthful Driver application. Each Driver applicant agrees that by applying to offer his/her driving services through the Services, applicant is consenting to an initial commercial background check and credit check and such periodic commercial background checks and credit checks as fleetzen may require from time to time. Drivers must supply bank account information to establish automated payout. Each applicant must also supply a driver’s vehicle license and other vehicle information as we may request from time to time, as well as photographs of the vehicle and the driver. While Drivers are signed into our Service, we collect tracking information to connect drivers with the nearest customers. We will provide potential Customers with Drivers’ names, locations, picture and vehicle details.

22. DISCLAIMERS:Your use of these services, INCLUDING BUT NOT LIMITED TO ARRANGING FOR DELIVERY SERVICES AND ENGAGING IN THE DELIVERY SERVICES, is at Your OWN risk. THE INFORMATION AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FLEETZEN, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER FLEETZEN, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLEETZEN OR THROUGH THE SERVICES, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

23. LIMITATIONS OF LIABILITY: Fleetzen does not assume any responsibility, nor will be liable, (a) for any damages to, or any viruses that may infect Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing this Services, or Your downloading of any information or materials from this Services and (b) for any damages to any person or property arising from use of the Services, including but not limited to arranging or engaging in any driving or delivery activities as arranged through the Services. IN NO EVENT WILL FLEETZEN, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, DISPLAY OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSERVICES LINKED TO THE SERVICES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT FLEETZEN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE DELIVERY SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A AND REFUND FOR SERVICES IN ACCORDANCE WITH THE AND REFUNDS POLICIES POSTED ON THE SERVICES. IN NO EVENT SHALL FLEETZEN’S TOTAL LIABILITY TO YOU (WHETHER YOU ARE A CUSTOMER OR A DRIVER) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED FIFTY DOLLARS (US $50).

24. Indemnity: You agree to defend, indemnify and hold fleetzen and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or the Internet or Your placement or transmission of any message or information on this Services by You or Your authorized users; (ii) Your offering or performance of, or failure to perform, any delivery services You offer through the Services (iii) Your violation of any term of this Agreement, including without limitation, Your breach of any of the representations and warranties above; (iv) Your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (v) Your violation of any law, rule or regulation of the United States or any other country; (vi) any claim or damages that arise as a result of any User Submission that You provide to fleetzen; or (vii) any other party’s access and use of the Services with Your username, password or other appropriate security code.

25. Release: In the event that You have a dispute with one or more other users (including with any other Driver or Customer) of the Services, You release fleetzen (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any intellectual property dispute or any dispute over the payment of the challenge.

26. Termination: You or we may suspend or terminate Your account or Your use of this Service and/or terminate Your ability to be a Driver at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through Your account prior to termination. We may also block Your access to our Services in the event that (a) You breach these Terms of Use; (b) we are unable to verify or authenticate any information You provide to us; or (c) we believe that Your actions may cause financial loss or legal liability for You, our users or us.

27. Force Majeure: Neither fleetzen nor You shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

28. Privacy: Data collection and use, including data collection and use of personally identifiable information is governed by fleetzen’s Privacy Policy which is incorporated into and is a part of this Agreement.

29. Independent Contractor: You and fleetzen are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

30. General: Any claim relating to, and the use of, this Services and the materials contained herein is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the Services may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by fleetzen in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.

31. Entire Agreement; Survival: These terms and conditions are the entire agreement between You and fleetzen and supersede any prior understandings or agreements (written or oral). Sections 16 (Access and Interference), 23 (Liability Limit), 24(Indemnity), 25 (Release), and those terms of this Agreement that by their nature are intended to survive termination shall survive any termination or expiration of this Agreement.

32. Additional Assistance: If You do not understand any of the foregoing Terms and Conditions or if You have any questions or comments, we invite You to contact us at engage@fleetzen.com.

 

Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2014, fleetzen or its licensors. ALL RIGHTS RESERVED.

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