Van rentals for Amazon DSPs
Fleetly is a van rental platform exclusively for Amazon DSPs with the ease of rental, contract flexibility, models and features a DSP needs.
Fleetly is a van rental platform exclusively for Amazon DSPs with the ease of rental, contract flexibility, models and features a DSP needs.
FLEETLY.US IS OWNED AND OPERATED BY FLEETLY LLC. (“FLEETLY”). THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, AND ALL POLICIES POSTED ON OUR SITES, SET OUT THE TERMS ON WHICH FLEETLY OFFERS YOU ACCESS TO AND USE OF OUR SITES, SERVICES, APPLICATIONS (“APPLICATION”) AND TOOLS (COLLECTIVELY, “SERVICES”). BY ENTERING, DOWNLOADING, ACCESSING OR USING THE SERVICES, YOU WILL AUTOMATICALLY BE CONSIDERED A FLEETLY BORROWER (“BORROWER”). AS A BORROWER, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“TERMS”), INCLUDING ANY UPDATES AND AMENDMENTS THERETO, AND ANY ADDITIONAL POLICIES AND THE FLEETLY PRIVACY POLICY (www.fleetly.us/privacy-policy) REFERENCED HEREIN OR THROUGH THE APPLICATION. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SERVICES AND UNINSTALL THE APPLICATION FROM YOUR MOBILE DEVICE AS YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, LIMITATIONS, EXCLUSIONS AND DISPUTE RESOLUTION REQUIREMENTS. BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT (I) YOU HAVE READ AND UNDERSTOOD THESE TERMS; (II) YOU AT LEAST 18 YEARS OLD AND ABLE TO ENTER INTO LEGALLY BINDING CONTRACTS; (III) YOU AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION OR CHANGE; (IV) YOU AGREE TO ABIDE BY THESE TERMS; AND (V) IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS.
PLEASE UNDERSTAND HOW THE LAWS WORK IN YOUR AREA PRIOR TO USING THE SERVICES. THERE MAY BE A LOCAL LAW THAT RESTRICTS YOUR ABILITY TO LIST ITEMS ON FLEETLY SO PLEASE REVIEW LOCAL LAWS BEFORE LISTING.
Usage. In connection with using or accessing the Services, you will not: Engage in any commercial use of the Services unless expressly permitted by Fleetly; Copy, post, reproduce, display, list or upload content or items in inappropriate categories or areas on the Services;Breach or circumvent any laws, third-party rights or our systems, policies or determination of your account status; Use our Services if you are not able to enter into legally binding contracts or are temporarily or indefinitely suspended from using our Services;Fail to pay for items rented to you, unless you have a valid reason as set out in a Fleetly policy and permitted by Fleetly; Fail to deliver items rented by you, unless you have a valid reason as set out in a Fleetly policy or otherwise permitted by Fleetly; Manipulate the price of any; Post false, inaccurate, misleading, defamatory, or libelous content; Distribute viruses or other harmful technologies that hurt either Fleetly or other Borrowers; Use any robot, program, spider or other automated means to access our Services for any reason; Interfere with, circumvent or inappropriately use our Services and the underlying infrastructure and technical systems; Resell any of the Services; Collect and use information about Borrowers without their express, written consent; Contact any Borrower of the Services for purposes other than asking a question related to a listing or item;Register yourself for more than one Fleetly account; Register an account for someone other than yourself; List any item that you do not yourself own or have permission to rent; Take any action to undermine the rating system of any Borrower, listing or item; Transfer your account to any third party without Fleetly’s consent; Distribute unsolicited emails, texts and communications to Borrowers; or Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material.
License. Borrowers are granted a limited, revocable, non-exclusive license to access the Services and the content therein solely for the purpose of advertising a listing or item, searching for an item, renting or researching an item through the Services. The license to use the Services only extends to the uses expressly described herein. The license to use the Services granted in these Terms does not include the right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Services or any content or underlying databases. Unauthorized use of the Services is not permitted.
Termination of Usage. If, in our sole discretion, any Borrower submits unsuitable material to our Services or into the Fleetly database, misuses the Services, any item or our online system or is in material breach of these Terms, we reserve the right to terminate a Borrower’s account or listing immediately without any refund. In addition, if Fleetly becomes aware of or receives a complaint (or multiple complaints) from any Borrower or third party regarding a Borrower’s listing, Borrower’s action or rental practices that, in our sole discretion, warrants the immediate removal of such Borrower’s listing or item from the Services, then we may immediately terminate such Borrower’s listing or Borrower’s account without notice to the Borrower and without refund. Fleetly has no duty to investigate complaints and may act in its sole discretion in making determinations regarding accounts, listings, items and the Services. No listings on the Services can be transferred to another third party or Borrower.
Text Messages. By creating a Fleetly account, you agree that the Service may send you information and marketing material via email, mail, voice calls and SMS. This includes the sending of informational text (SMS) messages as part your use of the Service. You may opt-out of receiving text (SMS) messages from Fleetly at any time by texting the word STOP to the relevant short or long code from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Service.
Location Information. In many instances, Fleetly may use location based services and/or global positioning services. By agreeing to use the Services, you consent to the use of location technologies and waive any claims you may have against Fleetly or another Borrower related to such usage.
Rental Agreement. We ask that you return an item just like OR BETTER than you received it. If you confirm a Transaction, you are responsible for completing all of the requirements necessary for the Transaction, including payment. By confirming a Transaction, you agree that you have:
Read the full item listing before confirming a Transaction;
You understand you are entering into a legally binding contract to rent an item when you confirm a Transaction.
You are authorizing Fleetly to charge your Card, as defined below, for any Transaction fees and the Fleetly Fee.
Returning an Item. There is a thirty (30) minute grace period associated with all Transactions. If you as a Borrower keep an item past the agreed upon return time without Fleetly’s consent and you have exceeded the thirty (30) minute grace period (the grace period is timed by and controlled in the discretion of Fleetly), you agree that Fleetly, in its sole role as limited collection agent for Fleetly, may charge your Card to collect the daily rate set forth for the applicable to the Transaction.
Fleetly may choose to include security deposits in their listing (“Security Deposit”). Each listing will specify if a Security Deposit is required. Any disputes must be handled directly between the Borrower and the Fleetly. Fleetly can use the Security Deposit to pay any amounts owed for a reservation under these Terms. Fleetly will use its reasonable efforts to assist in a dispute between a Fleetly and Borrower related to a Security Deposit but Fleetly is not responsible for administering or accepting any claims by Borrowers related to Security Deposits and disclaims any and all liability in this regard. In some instances, a Security Deposit may be a pre-authorization for a specified amount on you Card, as defined below.
Unless otherwise provided in these Terms, Fleetly does NOT provide liability insurance protection for Borrowers. Borrowers must provide their own liability insurance and provide proof of insurance and a COI to Fleetly. Borrowers are solely responsible for obtaining insurance coverage sufficient to protect their items. Borrowers agree that they have or will obtain the appropriate insurance coverage sufficient to cover the items they list or borrow through the Services and will maintain adequate insurance coverage through the return of the item to the owner.
All Borrowers must be 21 years of age and satisfy Fleetly’s safe driver guidelines to rent a vehicle on Fleetly. The following uses of the vehicle are prohibited and constitute breach of these Terms.Vehicles rented on Fleetly shall not be used: By anyone who is not a valid, current, and active Amazon Delivery Associate and and an active employee of the Borrower, or the Borrower conducting the reservation or approved by Fleetly, in writing, as an authorized borrower.By anyone whose driving license is suspended in any jurisdiction.By anyone under the influence of any drug or alcohol. By anyone who obtained the vehicle or extended the reservation period by giving Fleetly false, fraudulent or misleading information; In furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation. To carry persons or property for hire. To push or tow anything or to teach anyone to drive. In any race, speed test or contest. To carry dangerous or hazardous items or illegal material. Outside of the United States or the geographic area indicated elsewhere in the Terms or rental transaction. When loaded beyond capacity as determined by the manufacturer of the vehicle. On unpaved surfaces. To transport more persons than the vehicle has seat belts, or to carry persons outside the passenger compartment. To transport children.
When the odometer has been tampered with or disconnected. When the vehicle’s levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the vehicle.
In a manner that causes damage to the vehicle due to inadequately secured cargo. After an accident with the vehicle unless and until you summon the police to the accident scene.In the event that a Borrower violates these Terms, such Borrower shall be responsible for all damage and claims that result from the prohibited conduct if you violate these Terms.Fleetly must ensure (and represent and warrant to the Borrower) that all vehicles listed through the Services are safe and mechanically sound. Additionally, all vehicles must be properly registered, insured and maintained in accordance with all applicable state laws and requirements, must maintain the state required minimum insurance coverage on any motorized vehicle that is listed and rented on Fleetly.Fleetly may assess additional fees to Borrowers to cover additional fees associated with the vehicle or reservation. These fees include: fuel and refueling charges, applicable sales, use and other taxes, all traffic, parking, tolls, cleaning fees, penalties, impound fees, forfeitures, penalties, court costs, towing, impoundment,smoking remediation fees, storage charges, and other expenses involving the vehicle against Fleetly. Fleetly reserves the right to repossess the vehicle at any time. Borrowers agree to reimburse Fleetly for any expenses incurred in locating and recovering the vehicle if a Borrower fails to return it of if the Fleetly elects to repossess the vehicle under these Terms. In the event that a vehicle is repossessed, any items in the vehicle will be retained for 30 days starting on the repossession date. After 30 days, Fleetly has the right to destroy, discard or dispose any property left in the vehicle and Borrower waives any right to such property.Fleetly may install a GPS tracking device on all vehicles and the Borrower waives any claims they may have against Fleetly and the Fleetly as a result of the usage of such device.
Fleetly’s Fees. Fleetly will charge an administrative fee (“Fleetly Fee”) payable by Borrowers who book an item through the Services. The Fleetly Fee is deducted from the Transaction Fees from the item before remitting the balance to the Fleetly. The Fleetly Fee covers the use of the Services and platform, and credit card processing and is calculated as a percentage of the total Transaction amount. Taxes may be charged in addition to the Fleetly fee, if applicable. The Fleetly Fee is charged when you confirm your Transaction and is nonrefundable. Even if you cancel your Transaction, you will not receive a refund for the Fleetly Fee. At the time you book a listing or item, you agree that Fleetly may pre-authorize your credit card(s) (“Card”) on file for any booking requested. When you return your item to the Fleetly, Fleetly will charge you for the Transaction. Borrowers authorize Fleetly to store your preferred Card number and relevant information and charge your Card for your Transactions. If your Card expires or the account number is changed, please update your account immediately. Fleetly is solely responsible for any taxes that may be due as a result of such payment or Transaction. All Transactions that are processed Monday-Sunday of each week are sent to Borrowers the following Tuesday via bank transfer. Facilitation of Payments. All payments are facilitated through a third-party payment processing service (e.g. Stripe, Inc. “Stripe”) and additional terms may apply. Fleetly may replace its third party payment processing services without notice to Borrowers. Charges shall only be made through the Services. Cash payments are strictly prohibited. By agreeing to Fleetly’s Terms, you also agree to be bound by Stripe’s Terms of Service and Privacy Policy, which can be found at: www.stripe.com/us/terms and www.stripe.com/us/privacy. Any breach of Stripe’s Terms of Service will be treated as a breach of these Terms. You expressly understand that Fleetly shall not be liable for any payments and monetary transactions that occur through your use of the Service and that all monetary transactions are handled by Stripe.
Fleetly Fees and Charges: In the event that Borrower damages a vehicle, fails to comply with the terms of the rental, breaches these Terms or is assessed fees by a Fleetly, Borrower agrees to pay Fleetly immediately for any such losses. If Borrower has a credit card on file, Borrower authorizes Fleetly to charge the card on file for any such charges related to these Terms. This includes, but is not limited to, repair costs, deductibles for insurance, damage fees, Fleetly imposed fees, extensions, etc. Borrower agrees that it shall not dispute any such charges. In the event that Borrower fails to remit payment, provides a card that is declined such that Fleetly cannot collect any fees or charges that are due, Fleetly may impose a collections fee which may include recovery of all collection and attorneys’ fees related to such efforts. The borrower is responsible for all parking and traffic violations; any late fees will also be passed onto the borrower for payment.
Fuel Responsibility. Borrower agrees to replace fuel and return vehicle with the same fuel level as at the start of delivery or be charged $9.99 per gallon.
Risk Authorizations. To protect Borrowers and Fleetly from risk, Fleetly may recommend that some Borrowers allow an additional hold or pre-authorization on their Card. Fleetly will notify the Borrower if an additional hold is required as part of a Transaction.
Scheduled preventative maintenance is key to keeping Fleetly’s vehicles safe, reliable, and the repair costs down over time. Borrower will be required to perform scheduled preventative maintenance during the Vehicle’s compliance window which is based on the vehicle type the borrower is leasing. This service includes but is not limited to an oil change, filter(s) change, fluid(s) top off, and tire rotation if required. If the maintenance service light comes on in your Vehicle before the mileage interval, this supersedes the mileage interval sand borrower should immediately schedule and perform the preventative maintenance. While the borrower is required to schedule and complete the scheduled preventive maintenance with their vendor of choice, Fleetly will cover all costs for preventive maintenance paid directly the vendor performing maintenance services.
Refund. If you are a Borrower and encounter a Material Issue with an item, as defined below, Fleetly may take the following actions, as determined by Fleetly in its sole discretion. All determinations with respect to refunds shall be final and binding on the applicable Fleetly and Borrower. Reimburse you up to the amount paid by you through the Services; Find and book you an alternative item for the remaining duration of your Transaction; or
Or find another remedy in the reasonable discretion of Fleetly.
Material Issue. “Material Issue” may mean:
Fleetly:
Cancels a Transaction shortly before the scheduled start of the Transaction; Fails to provide the Borrower with the reasonable ability to use the item; or Fails to describe the item accurately or misrepresents material facts about the item. Cancellations.
Borrower.
Borrowers have the right to cancel a Transaction for thirty (30) minutes after confirming a Transaction. Borrowers can also cancel a Transaction by providing Fleetly twenty-four (24) hours’ notice of a cancellation through the Services. In both of these instances, Borrower will not be charged for the Transaction. If, however, Borrower cancels the Transaction within less than twenty four (24) hours of the confirmed start of the Transaction, Borrower must pay Fleetly for up to fifty percent (50%) of the confirmed Transaction. Additionally, the Fleetly Fee may be charged to Borrower as part of the cancellation.
Dispute Resolution. Please read this section carefully. It affects your rights and will have substantial impact on how claims you and Fleetly have against each other are resolved. You and Fleetly agree that any claim or dispute at law or at equity that has arisen or may arise between us relating in any way to or arising out of this or other agreements with Fleetly, your use of or access to the Service, or any products or services sold, purchased or rented through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
Arbitration. You and Fleetly each agree that any and all disputes or claims that have arisen or may arise between you and Fleetly relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Services, or any products or services offered, listed, rented or advertised through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of these Terms to arbitrate. The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA’s rules are available at www.adr.org. YOU AND FLEETLY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND FLEETLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS OR PRIVATE ATTORNEY GENERAL ACTION OR PRECEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BORROWERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT, SUBJECT TO YOUR AND FLEETLY’S RIGHT TO APPEAL THE COURT’S DECISION. ALL OTHER CLAIMS WILL BE ARBITRATED. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in these Terms. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Fleetly for all fees associated with the arbitration. The arbitrator will render an award within the time frame specified in the AAA rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Choice of Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms and the Service including any claim or dispute that has arisen between you and Fleetly, except as otherwise stated in these Terms. In the event that the arbitration provision above is found not to apply to your particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Fleetly must be resolved exclusively by a state or federal court located in Colorado Springs, Colorado.
Content and Copyright.
Intellectual Property. All trademarks, service marks, logos, trade names, and any other proprietary designations of Fleetly used herein are trademarks or registered trademarks of Fleetly. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks registered trademarks of their respective parties.Policy Enforcement. When an issue between a Borrower and Fleetly arises, we may consider each Borrower’s performance history and the specific circumstances in applying Fleetly’s policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for all parties.
Account Security.Account Security. You agree to keep your password and Fleetly ID secure and confidential. Please notify us immediately if you believe that your account has been compromised. We discourage you from providing access to your password and Fleetly ID to any third parties. However, if you do elect to share your password and Fleetly ID with someone other than you, you are responsible for any and all activity and Transactions that the person performs while using your Fleetly account.
Fleetly will not have any liability to any Borrower for any unauthorized Transactions made using any password or Fleetly ID. You may incur liability to other Borrowers and Fleetly if your password and Fleetly ID are used in an unauthorized Borrower.
Modifications. Fleetly reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including any fees, at any time and without prior notice. If Fleetly modifies these Terms, Fleetly will either post the modification on the Services or otherwise provide you with notice of the modification. Fleetly will also update the date on the top of the Terms. By continuing to use or access the Services after we have posted or otherwise notified you of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to stop using the Services.
Limitations on Liability. Regardless of any of the provisions in these Terms, if Fleetly is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount paid for your Transaction; or (b) the amount of fees in dispute not to exceed the total fees, which you paid to Fleetly in the past twelve (12) months prior to the action giving rise to the liability; or (c) $100.00.
Disclaimer.
Unless expressly agreed to in writing by Fleetly, Fleetly shall not be responsible for loss or damage to property, material, or equipment belonging to Borrowers, at any point.
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SITE OR SERVICES, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE SERVICES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR BORROWER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR BORROWER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SERVICES, INCLUDING LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD FLEETLY OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY BORROWER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTION OR RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN BORROWERS OF THE SERVICES. FLEETLY HAS NO CONTROL OVER AND DOES NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED THROUGH THE SERVICES) THE SAFETY OF ANY TRANSACTION, ITEM, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION, ITEMS, PROPERTY OR LISTINGS IN PARTICULAR LOCATIONS, WE DO NOT REPRESENT OR WARRANT THAT RENTING, SHARING OR USING SUCH ITEMS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO THE USE, OPERATION OR RENTAL OF ANY SUCH ITEMS.
Warranties. We try to keep the Services safe, secure, and functioning properly but we cannot guarantee the continuous operation of or access to our Services. Transaction update and other notification functionality in Fleetly’s Services may not occur in real time. Such functionality is subject to delays beyond Fleetly’s control. You agree that you are making use of our Services and items at your own risk and that they are being provided to you on an “AS IS” basis. Accordingly, to the extent permitted by law, Fleetly excludes all express or implied warranties, terms and conditions, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Indemnification. You agree to defend, indemnify and hold Fleetly (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) harmless from all liabilities, claims, demands, costs and expenses (including attorneys’ fees) arising out of (i) your breach of these Terms; (ii) your use, listing, sharing, or operation of any item; (iii) your improper use of the Services; and (iv) your breach of any law or the rights of a third party. Privacy. Please review our privacy policy at www.Fleetly.us/privacy-policy for more information regarding our email and data collection practices and safeguards. Your use of the Services signifies your acknowledgement of, and agreement with, our privacy policy. Minors. The Services are intended solely for persons who are 18 years or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 years or older.
International Use. At this time, the Services are only available to U.S. residents. Please do not use the Services if you are not located within the U.S.
Notice.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by via U.S. mail to: Fleetly LLC., 6547 N Academy Blvd. #2293, Colorado Springs, CO 80918, Attn: Legal Department.
Third Party Links and Websites. Fleetly may provide your information, or otherwise enable distribution of your listing to a third party website. Additional terms and conditions may apply to such distributions, of which you will be notified through your email or account. The Services may contain links and pointers to other third party websites and resources. Links to and from the Services to other third party websites do not constitute endorsements by Fleetly. Fleetly is not responsible for any such third party websites or content and your use of any such websites will not be governed by these Terms.
Miscellaneous.
These Terms constitute the entire understanding of the agreement between you and Fleetly regarding the Application, Fleetly.us website, Services, listings, Transactions and rentals made via the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and Fleetly. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto. Notwithstanding the foregoing, the parties agree that any merchant card servicer or network shall be a third party beneficiary of the Terms for purposes of enforcing provisions related to payments. Except as otherwise provided in these terms, if any provision of these Terms is invalid, void or unenforceable, such provision shall be struck out and shall not affect the validity and enforcement of the remaining provisions. In our sole discretion, Fleetly may assign these Terms (the agreement between you and Fleetly), by providing notice of such assignment in accordance with these Terms. Headings are for reference purposes only and do not limit the scope or extent of such Section. Fleetly’s 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. Fleetly does not guarantee it will take action against all breaches of these Terms.
Policies posted on the Fleetly Services may change from time to time. Changes take effect when Fleetly posts them to the Application, Services or fleetly.us website. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms. Such account is owned and controlled by the business entity.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If you have any feedback or questions for us, please contact Fleetly at info@fleetly.us
