TERMS AND CONDITIONS
Last Updated: June 10, 2019
This App is operated by Fleeting, Inc., a Delaware Corporation, (hereinafter “Fleeting”). These terms and conditions (“Terms”) govern your access to the Fleeting website https://www.fleetingpro.com and the Fleeting Mobile Application (collectively, the “App”).
The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the App. The terms “we,” “our” or “us” shall refer to Fleeting.
These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
The App is offered to you conditioned on your acceptance without modification of Terms contained herein. Certain features, services or tools of the App may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. Your use of the App constitutes your agreement to all such Terms.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING, USING AND/OR CREATING AN ACCOUNT ON THE APP, CONSUMMATING A FINANCIAL TRANSACTION VIA THE APP OR COMMUNICATING WITH USERS THROUGH THE APP, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APP.
USE OF OUR APP
The Fleeting App is a mobile application where licensed truck drivers (“Drivers”) can find work for carriers all over the country (“Carriers”) who provide equipment required to complete shipment deliveries. Fleeting allows Drivers to pick up shipments, on-demand from third parties and eliminates the need for drivers and carriers to go back and forth with communication.
REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES In order to access and use certain areas or features of the App, you will need to have an Account with us. By creating an account, you agree to (i) provide accurate, current and complete account information about yourself as necessary, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. In creating an account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. (a) Communication Preferences
By creating an Account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the App). These communications may include notices about your account (e.g., password changes, updates and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
(b) Account Information
You agree to provide current, complete and accurate purchase and account information for your Account. You agree to promptly update your Account and other information, including your email and address, so that we can complete your transactions and contact you as needed. We reserve the right to suspend the provision of the App or any part thereof, if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. You are responsible for all charges incurred under your account, whether made by you or another person using your account.
(c) Account Access and Security
If you use the App, you are responsible for maintaining the confidentiality of your account and password for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may
not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the App if in our opinion, you have failed to comply with any of the provisions of these Terms.
ACCESS TO THE APP We shall use commercially reasonable efforts to ensure the availability of the App, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) a force majeure event; (ii) Internet service provider, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach by of these Terms by you.
PROHIBITED USES Use of the App is limited to the permitted uses expressly authorized by us. The App shall not be used in any way that:
• Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights)
• is unlawful, fraudulent, or deceptive;
• uses technology or other means to access unauthorized content or non-public spaces;
• uses or launches any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
• attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• attempts to damage, disable, overburden, or impair our servers or networks;
• attempts to gain unauthorized access to Fleeting’s computer network;
• attempts to gain unauthorized access to Fleeting’s user accounts;
• uses false or inaccurate Fleeting’s user accounts;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;]
• violates these Terms in any manner; or
• fails to comply with applicable third-party terms and conditions or other third-party policies.
INTELLECTUAL PROPERTY RIGHTS
You are granted a non-exclusive, non-transferable, revocable license to access and use the App strictly in accordance with these Terms. As a condition of your use of the App, you warrant to us that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App.
All content included as part of the App, such as text, graphics, logos, photos, images, as well as the compilation thereof, and any software used on the App, is the property of Fleeting or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. Your use of the App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Fleeting and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fleeting or our licensors except as expressly authorized by these Terms.
FEEDBACK You can submit questions, comments, suggestions, ideas, original or creative materials or other information about Fleeting, or the App or the services provided through the App (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Fleeting. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES The App may contain links to other brands or services ("Linked Website"). The Linked Websites are not under the control of Fleeting and we are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the App, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fleeting of the services or any association with its operators. Certain services
made available through the App are delivered by third parties and organizations. By using any product, service or functionality originating from the App, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of Fleeting and customers.
DRIVER REPRESENTATIONS AND WARRANTIES By providing services as a Driver on the Fleeting App, you represent and warrant that you:
(a) Currently possess and agree to maintain, at your sole cost and expense, a valid and
current Class A and B Commercial Driver's License; (b) Are in compliance with valid policies of liability insurance coverage provided to you by
Fleeting; (c) Possess a DOT Medical Card as well as any other licenses or certifications required by
federal or state law; (d) Have a minimum of three (3) years of commercial driving experience; (e) Have never been charged with or convicted of driving under the influence (DUI), driving while intoxicated (DWI) or convicted or a reckless driving charge in any State or Territory in the United States; (f) Have never had their license suspended or revoked in any State or Territory in the United
States; and (g) Have not received more than two (2) citations for moving violations within the two (2)
year period preceding the date of this Agreement; (h) Will not engage in reckless behavior while driving, permit an unauthorized third party to
accompany you in a vehicle while providing services; (i) Will only provide services using the vehicle provided to you by carriers; (j) Will not attempt to defraud Fleeting or carriers on the Fleeting App; (k) Understand that Fleeting may obtain information about you, including your criminal and
driving records; (l) Will allow to provide any further necessary authorizations to facilitate Fleeting’s access
to any additional records; (m) Will pay all applicable federal, state, and local taxes based on your provision of services.
LIMITATIONS OF LIABILITY By using the App, you agree that Fleeting and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, App providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") will not be responsible for any incorrect or inaccurate information, whether caused by
you or by any of the equipment or programming associated with or utilized to access the App; technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software; technical or human error which may occur in the administration of the services available through the App; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your use of the App.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLEETING OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE APP OR THE USE OF ANY SERVICES PROVIDED BY FLEETING OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FLEETING ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE APP EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED BY FLEETING.
IN NO EVENT SHALL FLEETING BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT AND/OR CRIMINAL ACTS BY A DRIVER WHILE SUCH DRIVER IS PERFORMING SERVICES FOR CARRIER OR AT ANY TIME DURING OR AFTER THE TERMINATION OR EXPIRATION OF THESE TERMS.
INDEMINIFICATION YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FLEETING OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE APP, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
HARM FROM COMMERCIAL USE
You agree that the consequences of commercial use or re-publication of content or information from the App may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that we will be entitled to temporary and permanent injunctive relief to prohibit such use.
NO WARRANTIES EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY FLEETING, THE APP AND THE INFORMATION CONTAINED ON THE APP AND/OR THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FLEETING DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE APP AND INFORMATION CONTAINED THEREIN. FLEETING MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
RELIANCE ON INFORMATION POSTED Commentary and other materials posted on the App are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor of the App or the App, or by anyone who may be informed of any of its contents.
TERMINATION OR MODIFICATION OF SERVICE We reserve the right to refuse registration, to suspend, block, prevent access to, cancel, or otherwise terminate your right to use the App at any time, with or without cause, in our sole discretion and without prior notice to you. We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity, including Accounts that, in our sole judgment, appear to be malicious or unlawful. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on the App that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the App is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the App, except as required by law. No specified update or refresh date applied in the App, should be taken to indicate that all information in the App has been modified or updated.
FLEETING DOES NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE APP OR ANY CONTENT OR INFORMATION THAT IS AVAILABLE, ADVERTISED OR SOLD THROUGH THE APP ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE APP.
ELECTRONIC COMMUNICATIONS Using the App or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the App, satisfy any legal requirement that such communications be in writing.
ARBITRATION By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Fleeting on an individual basis in arbitration, as set forth in this Arbitration section. This will preclude you from bringing any class, collective, or representative action against Fleeting, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Fleeting by someone else.
You and Fleeting agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the App at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Fleeting, and not in a court of law.
The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Section, including any claim that all or any part of this Section is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Section evidences a transaction involving interstate commerce and that the Federal Arbitration Act, (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Section or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Section shall survive the termination of these Terms.
CLASS ACTION WAIVER Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
JURISDICTION AND APPLICABLE LAW If for any reason, a dispute proceeds in court, you irrevocably consent to the exclusive jurisdiction of the state and/or federal courts in the State of New York for purposes of any legal action arising out of or related to the use of the App, the App or these Terms. To the maximum extent permitted
by law, this agreement is governed by the laws of the State of New York, United States of America, without regard to New York conflict of laws rules. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
ENTIRE AGREEMENT Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us.
CHANGES TO TERMS We reserve the right, in our sole discretion, to change the Terms under which the App is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the App after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
RELATIONSHIP OF THE PARTIES The Parties are independent contractors to each other and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. As a Driver on the Fleeting App, you acknowledge and agree that you and Fleeting are in a direct business relationship which is solely that of independent contractor. And the use of the App does not create an employment relationship between you and Fleeting; and you shall not hold yourself out as an employee, agent or authorized person to Fleeting.
Fleeting does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms, including in connection with your provision of Services, your acts or omissions, or your operation of any vehicle. You retain the sole right to determine when and for how long you will utilize the Fleeting App.
SEVERABILITY If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
FORCE MAJEURE We shall be excused from performance under these Terms, to the extent we are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Fleeting.
MISCELLANEOUS These Terms constitute the entire agreement between you and us relating to your access to and use of the App. Without limiting anything else, we make no representation that the App, information or other materials available on, in, or through the App are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our App from locations outside of the United States do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of Fleeting to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
CONTACT US We welcome your questions or comments regarding these Terms:
Fleeting, Inc. By Mail: 81 Prospect Street #7015 Brooklyn, NY 11201
By Email: email@example.com