|TERMS AND CONDITIONS
In addition, when you use any current or future Access Fleet service or product, you will likely be subject to additional terms, conditions and restrictions. To the extent these Terms conflict with those additional terms, conditions and/or restrictions, those additional terms, conditions and restrictions shall govern.
PRIVACY: Please review our Privacy Notice, too, as it also governs your use of AccessFleet.com and is hereby incorporated herein by this reference.
ELECTRONIC COMMUNICATIONS: When you visit AccessFleet.com or send e-mails to us, you are communicating with us electronically and thereby perpetually consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Our electronic communications to you will occur by e-mail or by posting of notices on AccessFleet.com.
LICENSE AND ACCESSFLEET.COM ACCESS: You are granted a personal, non-exclusive, non-transferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from AccessFleet.com through a consumer web browser for non-commercial use only. You are also granted a limited, revocable, and non-exclusive right to create a hyperlink to AccessFleet.com so long as the link does not portray Access Fleet, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Access Fleet logo or other proprietary graphic or trademark as part of the link without express written permission and as provided for below in more detail. You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to AccessFleet.com, or any content accessible through AccessFleet.com.
You may not modify reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit for any commercial purpose any portion of AccessFleet.com without Access Fleet's express, prior, written consent. You may not use any meta tags or any other hidden text or content to utilize Access Fleet's Marks & Dress without Access Fleet's express, prior, written consent. Any unauthorized use terminates the permission or license granted by Access Fleet.
Any rights not expressly
granted in these Terms are reserved by Access Fleet.
YOUR ACCOUNT: If you use AccessFleet.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use AccessFleet.com only with involvement of a parent or guardian. Access Fleet reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
COMMUNICATIONS AND OTHER CONTENT: Where possible, you may post information and content on AccessFleet.com, so long as the information and content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, "chain" letters, mass mailings, or any form of unsolicited advertisement. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any posted information or content.
If you do post information or content, or submit material, to AccessFleet.com, and unless Access Fleet indicates otherwise, you grant Access Fleet a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You further grant Access Fleet and all of its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You hereby represent and warrant that you own or otherwise control all of the rights to the information and content that you post; that it is accurate; that its use does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Access Fleet for any and all claims resulting from the information and content you supply. Access Fleet has the right, but not the obligation, to monitor and edit or remove any information or content on AccessFleet.com, and Access Fleet takes no responsibility and assumes no liability for any information or content posted by you or any third party.
COPYRIGHT: All content and any compilation of content included on AccessFleet.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Access Fleet or its content suppliers and protected by United States and international copyright laws. Unless indicated to the contrary, everything on AccessFleet.com is ©2009 by Access Fleet, Inc., with all rights reserved.
TRADEMARKS: Access Fleet, AccessFleet, AccessFleet.com, and the graphics, logos, page headers, button icons, scripts, and service names at AccessFleet.com are service marks, trademarks, and/or trade dress of Access Fleet ("Access Fleet's Marks & Dress"). Access Fleet's Marks and Dress may not be used in connection with any product or service that is not Access Fleet's, in a way likely to confuse customers or potential customers, or in any way that disparages or discredits Access Fleet. All other trademarks and service marks not owned by Access Fleet that appear on AccessFleet.com are the property of their respective owners, some of which may be affiliated with or connected or licensed to Access Fleet.
PATENTS: Portions of AccessFleet.com may operate under an end-user license of one or more patents.
COPYRIGHT COMPLAINTS: Access Fleet respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement (which is set forth below).
PRODUCT DESCRIPTIONS AND PRICING: Access Fleet intends and attempts for AccessFleet.com to be as accurate and complete as possible. However, Access Fleet does not warrant that product descriptions or other content of AccessFleet.com are accurate, complete, reliable, current, or error-free. Despite Access Fleet's best efforts, items or products for sale on AccessFleet.com may be mispriced. If an item's correct price is higher than our stated price, will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to items or products sold and shipped by Access Fleet through AccessFleet.com. If you purchase an item from a third party through AccessFleet.com, said third party may follow a different policy in the event of a mispriced item.
RISK OF LOSS: All items purchased from Access Fleet are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
ACCESSFLEET.COM POLICIES, MODIFICATION, AND SEVERABILITY: Access Fleet reserves the right to modify, suspend, discontinue or terminate AccessFleet.com, Access Fleet's policies, or these Terms (or any part thereof) with or without notice. You agree that Access Fleet will not be liable to you or to any third party for any such modification, suspension, discontinuation or termination. If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect.
OTHER BUSINESSES: AccessFleet.com may contain links to certain other companies and/or businesses. Access Fleet is not responsible for examining or evaluating, and does not warrant the offerings of, any of these companies or businesses (or the content of their websites). Access Fleet does not assume any responsibility or liability for the actions, products, or content of these or any other third party. You should carefully review their respective privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: ACCESSFLEET.COM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH ACCESSFLEET.COM ARE PROVIDED BY ACCESS FLEET ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ACCESS FLEET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ACCESSFLEET.COM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ACCESSFLEET.COM. YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF ACCESSFLEET.COM IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCESS FLEET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACCESS FLEET DOES NOT WARRANT THAT ACCESSFLEET.COM; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ACCESSFLEET.COM; ACCESS FLEET'S SERVERS; OR E-MAIL SENT FROM ACCESS FLEET, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCESS FLEET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF ACCESSFLEET.COM OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ACCESSFLEET.COM, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT THEREFORE APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES: Any dispute relating in any way to your visit to AccessFleet.com or to products or services sold or distributed by Access Fleet or by or through AccessFleet.com shall be adjudicated in a state in Douglas County, Nevada, and you consent to exclusive jurisdiction and venue in such courts.
APPLICABLE LAW: By
visiting AccessFleet.com, you agree that the laws of the state of Nevada,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and Access