The Effective Date of these Terms and Conditions is May 25, 2018
Welcome to the Merchants Fleet website (“Site”). Merchants Automotive Group d/b/a Merchant Fleet (“Merchants Fleet,” “we,” “us,” or “our”) provides customized, total fleet management and leasing solutions for businesses and government agencies. Our Site is publicly accessible at www.merchantsfleet.com. Through our Site, we provide information and services on our solutions, downloadable resources, and an opportunity to contact us through our contact form (“Services”).
Ownership Rights. The text, layouts, graphics, and logos on the Site are protected by U.S. copyright and trademark laws. You expressly acknowledge and agree that Merchants Fleet and/or its content providers and partners own all of the content, trademarks, copyrights and other intellectual property related to the Site and Services.
Your Obligations to Us. In exchange for use of the Site and/or any Services, you agree to the following:
You’re at least 16 years of age. The Site and Services are designed for individuals 16 years old or older. We do not knowingly collect information from individuals under 16 years old without first obtaining verifiable parental consent.
You agree not to create false accounts or to provide false information. You represent and warrant that the contact information and account information you provide is truthful at the time you provide it.
From time-to-time we may need to contact you in order to provide important notices about your account.
When using the Site and/or Services, you will obey all applicable laws.
You will not engage in any of the following activities:
Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
Creating a username that is offensive or violates anyone else’s trade secret, copyright, privacy right, publicity right or other intellectual property right.
Engaging in activity that is unauthorized advertisement or promotions, including unauthorized solicitation of users of the Site and/or Services.
Collecting personal information of other users of the Site and/or Services without such user’s consent.
Engaging in activity that compromises the Site and/or Services. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing, and transferring any malware to the Site or other users of the Site or Services.
Allowing unauthorized access, whether intentionally or unintentionally, to the Site and/or Service.
Taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data load on the Site system or infrastructure;
Interfering or attempting to interfere with the proper working of the Site and/or Services; or
Bypassing measures used to prevent or restrict access to the Site and/or Services, violating or attempting to violate the security or authentication measures of the system, or attempting to prove, scan, or test the vulnerability of a system or network without proper written authorization from us.
The license granted to you under these Terms and Conditions to access and use the Site and Services shall automatically terminate if you violate any of these restrictions. To the extent permitted by applicable law, we reserve the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions.
Accessibility. We value all of our users, and it is our goal to provide an excellent online experience for all our users, including our users with disabilities. You understand and accept, however, that some of the features of the Site and/or Services may not be fully accessible because they are provided by third-party platforms, such as social media platforms, instead of us. If you have comments regarding the accessibility of the Site and/or Services, or would like to report an issue you are experiencing, please email us at [email protected]. You expressly agree to attempt to work with us in good faith to obtain access to our Site and Services and that you will not threaten or assert any claims regarding Accessibility against us unless you have first provided us with notice of the inaccessibility problem(s) and a thirty (30) day period to remedy the problem.
DISCLAIMERS AND LIMITS ON LIABILITY. The information and materials provided on the Site or through the Services may include inaccuracies or typographical errors. THE SITE AND SERVICES, AND ALL INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTSABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). MERCHANTS FLEET, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “MERCHANT FLEET PARTIES“) MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE SITE AND SERVICES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); (E) LOSS, USE OR MISUSE OF YOUR DATA. SIMILARLY, MERCHANTS FLEET PROVIDES NO WARRANTIES REGARDING UPTIME OR ACCESSIBILITY OF THE SITE OR SERVICES.
YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU AGREE THAT MERCHANTS FLEET PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL MERCHANTS FLEET PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO MERCHANTS FLEET FOR THE USE OF THE SITE AND/OR SERVICES WITHIN THE LAST TWELVE MONTHS TO ACCESS OR USE THE SITE AND SERVICES WHICH FORM THE BASIS OF YOUR CLAIM, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO MERCHANTS FLEET. IF YOU LIVE IN A STATE OR COUNTRY THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY MERCHANTS FLEET IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY OF MERCHANTS FLEET PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
Indemnification. You agree to indemnify, defend and hold harmless Merchants Fleet and its affiliates, employees, agents, representatives and third party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site and/or Services. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site and/or Services, or breach the terms of these Terms and Conditions or any applicable law.
Third-Party Links. The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Merchants Fleet exercises no control. Merchants Fleet expressly disclaims any responsibility for the content or results from your use of such third-party websites.
Copyright Complaints. Merchants Fleet respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Merchants Fleet copyright agent with the following information.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Description of the copyrighted work that you claim has been infringed;
The location on the Site of the material that you claim is infringing;
Your address, telephone number and e-mail address;
A statement that your claim of infringement is based on a good faith belief; and
A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Merchants Fleet copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: [email protected].
Consent to Receive Electronic Notifications. Electronic communication is the most effective and timely way to provide the users of the Site and/or Services with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Agreement, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request paper copies of any electronic notifications you receive, please contact: [email protected]. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider.
Severability. If any term or provision in these Terms and Conditions is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms and Conditions in its entirety and the remainder of these Terms and Conditions shall survive with the offending provision eliminated.