Terms of Service
Terms of Services - Fleetroot Software
The terms and conditions outlined below (collectively, the “Agreement”) establish a legal agreement between you and Fleetroot, Inc., a Delaware corporation (referred to as the “Company”). To utilize the Service and the associated Software, you are required to accept the terms and conditions specified in this Agreement. By making use of any services offered by the Company (collectively, the “Service”), and by downloading, installing, or using any related software provided by the Company, which is designed to enable you to access the Service (collectively, the “Software”), you explicitly acknowledge and consent to be bound by the terms and conditions outlined in this Agreement, as well as any future amendments or additions.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies related to the Service or Software at any time. These changes will be effective upon the publication of an updated version of this Agreement on the Service or Software. It is your responsibility to regularly review this Agreement. Continuing to use the Service or Software after such changes will constitute your acceptance of these modifications.
The company does not provide logistics or courier services and is not a logistics carrier. The responsibility of offering courier services, which may be scheduled through the use of the software or service, lies with third-party courier or logistics providers, courier or vehicle operators. The company provides information and a method to obtain such third-party courier services but does not provide courier services or operate as a courier in any way. The company disclaims any responsibility or liability for any courier services other than those specifically stated herein that are provided to you by such third parties.
Representations and Warranties
By using the Software or Service, you represent and warrant that you have the legal capacity to enter into this Agreement. If you reside in a jurisdiction that imposes age restrictions on the use of the Service due to age, you must adhere to these age limits and refrain from using the Software and Service if you do not meet them. The Service and Software are not intended for use by individuals under the age of 18. By using the Software or Service, you affirm that you are at least 18 years old. By using the Software or the Service, you also represent and warrant that you possess the necessary rights, authority, and capacity to enter into and comply with the terms and conditions of this Agreement. Your use of the Service and/or Software is for personal use only. You may not authorize others to use your user account, and you may not transfer your user account to any other person or entity. When using the Software or Service, you agree to comply with all applicable laws in your home nation, as well as the country, state, and city in which you are using the Software or Service.
You may only access the Service using authorized means, and you are responsible for ensuring that you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the incorrect version of the Software for your device. The Company reserves the right to terminate this Agreement if you use the Service or Software with an incompatible or unauthorized device.
By using the Software or the Service, you agree to:
- Use the Service or Software only for lawful purposes, refraining from sending or storing any unlawful material or engaging in fraudulent activities.
- Avoid using the Service or Software to cause nuisance, annoyance, or inconvenience.
- Obtain written permission from the Company before copying or distributing the Software or other content.
- Provide any requested proof of identity to the Company.
- Be aware that standard messaging charges will apply when requesting services by SMS.
- Keep your account password or any provided identification for access to the Service secure and confidential.
- Use the Software and Service exclusively for your own personal use and refrain from reselling it to a third party.
- Avoid impairing the proper operation of the network or attempting to harm the Service or Software in any way.
- Report any errors, bugs, unauthorized access methods, or any breaches of the Company’s intellectual property rights that you encounter while using the Service.
Intellectual Property Ownership
The portal, information, and downloadable materials are provided without any representation or warranty unless it is notified in the agreement contract. However, we will try to do our best to keep this site out of harm and downtime. Fleetroot.com cannot guarantee that this site will be free from viruses, but we can make sure that the application is free from any destructive elements.
User Account
You are the sole authorized user of any account you create with the Software or provided by the Company. You are responsible for maintaining the confidentiality of any password or account number provided by you or the Company for accessing the Software. You are solely responsible for all activities that occur under your password or account. The Company disclaims any liability arising from the use of any user’s account, and should you suspect unauthorized access to your password or account, you must notify the Company immediately.
Third Party Interactions
While using the Software and Service, you may engage in correspondence with, purchase goods and/or services from, or participate in promotions offered by third-party service providers, advertisers, or sponsors showcasing their products and/or services through the Software or Service. Any such interactions and the terms, conditions, warranties, or representations associated with them are solely between you and the respective third party. The Company and its licensors bear no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any third-party provider. The Company does not endorse websites on the Internet that are linked through the Service or Software, and it will not be responsible for any content, products, services, or other materials available from such sites or third-party providers. By using the Software and Service, you agree to receive third-party advertising and marketing. If you wish not to receive such advertising, you should notify us in writing. The Company reserves the right to charge a higher fee for the Service or Software should you opt out of receiving these advertising services. The Company may compile and release information about you and your use of the Software or Service in an anonymous format, as part of a customer profile or similar report or analysis. You accept that it is your responsibility to exercise reasonable precautions when interacting with any third party through the Service.
Transactions Involving Alcohol
In some locations and from specific retailers, you may have the option to order the delivery of alcohol products. When ordering alcohol products for delivery in any market, you affirm that you are 21 years of age or older. You also agree that upon delivery of alcohol products, the recipient will provide valid government-issued identification to verify their age to the delivery driver. The recipient must not be intoxicated when receiving the delivery of such products.
Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and affiliates (each an “Indemnified Party”) from any losses, claims, actions, costs, damages, penalties, fines, and expenses, including attorneys’ fees and expenses. These may be incurred by an Indemnified Party as a result of your
unauthorized use of the Software or any breaches of these Terms and Conditions. This includes actual or alleged violations of any federal, state, or local statutes, ordinances, administrative orders, rules, or regulations. The Company will promptly notify you of any such claims, suits, or proceedings and has the right to control the defense of such action, at your expense, while defending any such claim, suit, or proceeding.
Disclaimer
Use of the software is entirely at your own risk. Changes are periodically made to the website, and such changes may occur without notice to you. The software is provided “As is,” without any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The company makes no warranties or representations regarding the accuracy or completeness of the content provided through the software or the content of any websites linked to the service. The company assumes no liability or responsibility for any errors, mistakes, inaccuracies, personal injury, property damage, or unauthorized access to personal information and financial information stored on its servers. The company cannot guarantee that the website will operate error-free or that it is free of computer viruses and other harmful components. If your use of the website results in the need for equipment or data servicing or replacement, the company will not be responsible for those costs. The company disclaims all warranties, including the implied warranty of merchantability, non-infringement of third-party rights, and the warranty of fitness for a particular purpose. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, or links. The company and its affiliates and licensors cannot guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed, or used by others.
Internet Delays
The Service and Software may be subject to limitations, delays, and other issues inherent in the use of the Internet and electronic communications. The Company is not responsible for any delays, delivery failures, or other damages resulting from such problems
Limitation of Liability
In no event shall the company’s aggregate liability exceed the amounts actually paid by or due from you in the six (6) month period immediately preceding the event that gives rise to such claim. The company and/or its licensors shall not be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type or kind, including personal injury, loss of data, revenue, profits, use, or other economic advantage. The company and/or its licensors shall not be liable for any loss, damage, or injury incurred by you, including but not limited to loss, damage, or injury arising out of or in any way connected with the service or software, including the use or inability to use the service or software, any reliance on the accuracy or completeness of any advertising, or as a result of any relationship or transaction between you and any third-party service provider, advertiser, or sponsor whose advertising appears on the website or is referred by the service or software, even if the company and/or its licensors have been previously advised of the possibility of such damages.
The company may introduce you to third party courier providers and food services for the purposes of providing courier and food services. The company will not assess the suitability, legality, or ability of any third-party courier or food services providers. You expressly waive and release the company from any liability, claims, or damages arising from your use of the software or service or related to the third parties introduced to you by the software or service. You expressly waive and release any rights and benefits under section 1542 of the civil code of the state of Delaware (or any analogous law of any other state). This section states: “A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known, must have materially affected their settlement with the debtor.” the quality of the food and courier services scheduled through the use of the service or software is entirely the responsibility of the third party provider who ultimately provides such food and courier services to you. You understand, therefore, that by using the software and the service, you may be exposed to courier and food that is potentially dangerous, offensive, harmful to minors, unsafe, or otherwise objectionable, and that you use the software and the service at your own risk.
Dispute Resolution
The parties will make efforts to resolve any disputes related to this Agreement amicably through mediation with a mutually agreed-upon mediator. If agreement on a mediator is not reached, either party may request a mutually agreed-upon mediation service to appoint a neutral mediator. Mediation will be conducted in accordance with the Commercial Mediation Rules of the mutually acceptable mediation service. Disputes that remain unresolved after mediation will be settled by binding arbitration conducted in Delaware, using a mutually agreed arbitrator or arbitration service. The arbitration will be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties are entitled to conduct reasonable discovery in any arbitration, including document production and a reasonable number of depositions, not exceeding five per party. The prevailing party will be entitled to recover its costs and reasonable attorney’s fees, as determined by the arbitrator, who is required to follow the law.
Termination
The Company may, at its sole discretion, modify or discontinue the Software or modify, suspend, or terminate your access to the Software or the Service for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, the Company reserves the right to take appropriate legal action, including pursuing civil, criminal, or injunctive remedies. Even after your right to use the Software is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Software. Provisions that should naturally survive will continue to be in effect even after the termination of this Agreement.
General
This Agreement does not create a joint venture, partnership, employment, or agency relationship between you, the Company, or any third-party provider as a result of the Agreement or the use of the Service or Software. This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or software made on this Website is void where prohibited.
