Partner Fleet

Effective: August 19, 2021

Terms of Service

Acceptance of these Terms

Partner Fleet Inc. ("Partner Fleet") provides these terms governing access to https://www.mypartnerfleet.com and https://partnerfleet.app. By using the Service, you accept and agree to be bound by these Terms, any Order Form, and the Privacy Policy. The Service is available only to users 18+ years old and is not intended for children under 13. You represent that you have legal capacity to form a binding contract with Partner Fleet.

Changes to the Terms

Partner Fleet may revise these Terms at any time in its sole discretion. Changes become effective immediately upon posting. Your continued use following revisions constitutes acceptance. Note: Changes to dispute resolution provisions do not apply retroactively to disputes with prior notice.

Accessing the Service and Account Security

Partner Fleet reserves the right to withdraw or amend the Service without notice and may restrict access to parts or all of the Service at any time. Users are responsible for arranging their own internet access and ensuring all persons accessing through their connection comply with these Terms.

Users must provide accurate, current, and complete registration information. All information provided is governed by the Privacy Policy. Users must keep usernames, passwords, and security information confidential and must not share access with others. Users should notify Partner Fleet immediately of unauthorized access or security breaches and log out at session end. Partner Fleet may disable any account identifier if it believes you've violated these Terms, including nonpayment of fees.

Intellectual Property Rights

Partner Fleet and its suppliers own all rights, title, and interest in the Service, protected by intellectual property laws. The Service and Third Party Materials are not sold to you. Your only rights are those expressly granted herein. Partner Fleet retains all proprietary rights.

Trademarks

Partner Fleet's name, logo, and related marks are trademarks of Partner Fleet or its licensors. You may not use these marks without prior written permission. All other marks on the Service are owned by their respective parties.

Prohibited Uses

You agree not to use the Service for unlawful purposes, or to:

  • Engage in fraud, tortious activity, or illegal conduct
  • Harvest or collect user information
  • Interfere with Service operation or attempt unauthorized access, hacking, or defacement
  • Disrupt information integrity or data availability
  • Reproduce, modify, distribute, or exploit the Service except as expressly authorized
  • Disassemble, reverse engineer, or decompile the Service (where not prohibited by law)
  • Frame, mirror, or incorporate the Service into other products without authorization
  • Systematically download materials except as needed for normal use
  • Use automated tools to scrape, data mine, or gather materials without written consent
  • Falsely claim affiliation with Partner Fleet or others
  • Access the Service as a direct competitor or for competitive intelligence purposes
  • Remove or modify proprietary markings or notices
  • Use the Service for commercial purposes, production, or third-party distribution without authorization

Users are responsible for obtaining necessary hardware and telecommunications services. Users must treat other users with courtesy and respect. Violations may result in warnings and/or banning.

Submissions

Users may submit information, content, reviews, comments, pictures, and documents (collectively, "Submissions"). Submissions reflect only the submitter's opinions and may contain Third Party Materials. Partner Fleet doesn't control Submissions and isn't responsible for their use or misuse.

Users must not make personal data publicly available through the Service (except in designated registration fields). Users assume all risk for any personal data they do make public.

Users retain ownership of Submissions but grant Partner Fleet a "worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable" license to use Submissions for any purpose, including marketing.

Monitoring and Enforcement; Termination

Partner Fleet may monitor, evaluate, alter, or remove Submissions to comply with the Digital Millennium Copyright Act, EU E-Commerce Directive 2000/30/EC, and related laws. Partner Fleet may track your access and use and disclose this information to anyone.

Partner Fleet has the right to:

  • Remove or refuse any Submissions at its sole discretion
  • Take action on Submissions deemed necessary, including those violating these Terms or infringing rights
  • Disclose user identity to anyone claiming a Submission violates their rights
  • Take legal action for illegal Service use
  • Terminate or suspend access for any Terms violation

Partner Fleet cooperates fully with law enforcement. Users waive claims against Partner Fleet for actions taken during investigations.

Partner Fleet doesn't review Submissions before posting and assumes no liability for user-provided content.

Content Standards

All Submissions must comply with federal, state, local, and international laws. Submissions must not:

  • Contain defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or objectionable material
  • Promote sexually explicit content, pornography, violence, or discrimination
  • Infringe patents, trademarks, trade secrets, copyrights, or other intellectual property rights
  • Violate legal rights or create civil or criminal liability
  • Deceive any person
  • Promote illegal activity or unlawful acts
  • Cause annoyance, anxiety, embarrassment, alarm, or offense
  • Impersonate others or misrepresent identity or affiliations
  • Involve commercial activities, contests, sales, barter, or advertising
  • Falsely appear endorsed by Partner Fleet or others

Third Party Materials; Links

The Service may provide access to Third Party Materials or link to third-party services. Partner Fleet doesn't control, endorse, or take responsibility for Third Party Materials' accuracy, validity, completeness, legality, or intellectual property rights. Partner Fleet has no obligation to monitor Third Party Materials and may block access at any time.

Users assume all risk for Third Party Materials, which are subject to third-party terms, conditions, and policies.

Copyright Infringement

Users believing Submissions violate their copyright should consult Partner Fleet's Copyright Policy for infringement notice procedures. Partner Fleet terminates repeat infringers' accounts.

Reliance on Information Posted

Information on the Service is provided "solely for general information purposes" and Partner Fleet doesn't warrant accuracy or completeness. Users rely on such information at their own risk. Partner Fleet disclaims all liability for user reliance on posted materials.

Third-party content reflects only the provider's opinions and doesn't necessarily reflect Partner Fleet's views. Partner Fleet isn't responsible for third-party content accuracy.

Changes to the Service

Partner Fleet may update Service content but is under no obligation to keep materials current or complete.

Information About You and Your Visits to the Service

All collected information is subject to Partner Fleet's Privacy Policy. Users consent to all actions taken regarding their information per the Privacy Policy.

Geographic Restrictions

Partner Fleet is based in Wisconsin. The Service's accessibility outside the United States is not guaranteed. Users accessing from outside the U.S. do so at their own risk and must comply with local laws.

Disclaimer of Warranties

Partner Fleet cannot guarantee downloaded files are virus-free or free from destructive code. Users are responsible for anti-virus protection and data backup.

The Service is provided "AS IS" and "AS AVAILABLE" without warranties. Partner Fleet makes no warranty regarding completeness, security, reliability, quality, accuracy, or availability. Partner Fleet doesn't warrant that the Service will be accurate, error-free, uninterrupted, virus-free, or will meet user needs.

Partner Fleet disclaims all warranties, whether express, implied, statutory, including merchantability and fitness for particular purpose.

These disclaimers don't affect warranties that cannot be excluded under applicable law.

Limitation on Liability

For users without a current Order Form or in breach: Partner Fleet has no liability for any damages arising from Service use or inability to use it, including direct, indirect, special, incidental, consequential, or punitive damages.

For users with a current, compliant Order Form: Collective liability shall not exceed amounts paid to Partner Fleet for the applicable Service in the preceding 12 months.

These limitations don't affect liability that cannot be excluded under applicable law.

Indemnification

Users agree to defend, indemnify, and hold harmless Partner Fleet, its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, suppliers, successors, and assigns from claims, liabilities, damages, losses, costs, expenses, and attorney fees arising from user violation of these Terms or Service use, including Submissions or unauthorized content use.

Term; Termination

These Terms continue until terminated. Partner Fleet may terminate or suspend access at any time without notice (except for users with current Order Forms in compliance). Immediate termination ceases access rights, and Partner Fleet may deactivate credentials and delete associated information. Users may terminate at any time, but payment obligations under Order Forms continue.

Governing Law and Jurisdiction

These Terms and all disputes shall be governed by Delaware law without regard to conflict of law principles. Legal proceedings must be brought exclusively in federal or Delaware state courts in Wilmington, Delaware, though Partner Fleet may sue in user's country. Users waive jurisdictional and venue objections.

Notices

Notices to Partner Fleet must be in writing, effective upon personal delivery or the second business day after mailing. Legal Notices (termination or indemnifiable claims) are effective only when properly delivered and identified. Notices to users may be by any reasonable means, including Service postings, email, or mail.

Export Controls

Users must comply with U.S. export controls, including the Export Administration Regulations and OFAC restrictions, and applicable import laws. Users represent they are not located in embargoed countries, designated as terrorist-supporting, or on restricted end-user lists.

Waiver and Severability

No waiver by Partner Fleet constitutes further waiver. Failure to assert rights doesn't constitute waiver. If any provision is invalid, it shall be eliminated or limited minimally so remaining provisions continue in full force.

Entire Agreement

These Terms, unexpired Order Forms, and the Privacy Policy constitute the sole agreement between users and Partner Fleet regarding the Service and supersede all prior understandings and agreements.

Miscellaneous

Users and Partner Fleet are independent contractors; these Terms create no partnership, franchise, joint venture, agency, fiduciary, or employment relationship. Users may not assign rights or obligations unless explicitly authorized in an Order Form. Partner Fleet may assign freely except where explicitly restricted. No breach waiver constitutes waiver of other breaches. Section headings are for convenience only. "Including" means "without limitation." Neither party is responsible for failures due to causes beyond their control. There are no third-party beneficiaries.

Your Comments and Concerns

Partner Fleet can be reached by mail at:

P.O. Box 277, Bristol, WI 53104

Copyright infringement claims should be sent to the copyright agent identified in the Copyright Policy.

All other feedback and technical support should be directed to: privacy@mypartnerfleet.com