Revised on April 9, 2018
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
FleetWiki is a wholly owned service of Havill & Co Inc. FleetWiki contains information about individuals and companies in the commercial fleet market, such as company directories, logos, contact information, white papers, case histories, news releases and research. This information comes from public sources, including company websites. Information about FleetWiki may also be available from public sources, such as industry trade associations and professional membership societies. Unless explicitly stated, these sources are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from FleetWiki.
The mission of FleetWiki is to create a community of fleet
operators and suppliers working to implement environmentally friendly
technologies that reduce cost and improve driver safety. To achieve our
B. Scope and Intent.
2. YOUR OBLIGATIONS.
A. Applicable laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
1. Dos and DON’Ts;
2. Complaints Regarding Content Posted on the FleetWiki Website; and
B. License and warranty for your submissions to FleetWiki.
You own the information you provide FleetWiki under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant FleetWiki a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to FleetWiki, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to FleetWiki, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your FleetWiki profile information accurate and updated.
C. Service Eligibility.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a FleetWiki account, (3) are not a competitor of FleetWiki or are not using the Services for reasons that are in competition with FleetWiki; (4) will only maintain one FleetWiki account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of FleetWiki, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
D. Sign-In Credentials.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your FleetWiki account to another party; and (5) refrain from charging anyone for access to any portion of FleetWiki, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit FleetWiki’s Help Page.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through FleetWiki.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis, you agree to pay the applicable fees as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. The minimum subscription period for all subscription plans is three months. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All fees are nonrefundable and there are no refunds or credits for partially used periods. To cancel Services visit the My Account Page. All fee based features expire immediately upon cancellation of your subscription or termination of your account. You also acknowledge that FleetWiki’s fee based Services are subject to this Agreement and any additional terms related to the provision of the fee Service.
G. Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
H. Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, FleetWiki may place a notice on its web pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from FleetWiki to an email address associated with your account, even if we have other contact information. You also agree that FleetWiki may communicate with you through your FleetWiki account or through other means including email, mobile number, telephone, or delivery services including the postal service about your FleetWiki account or services associated with FleetWiki. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
I. FleetWiki Applications.
FleetWiki may offer the Services through applications built using FleetWiki’s platform. If you use a FleetWiki Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing FleetWiki plugins that load in your browser may be communicated to us.
Further, by importing any of your FleetWiki data through the FleetWiki Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your FleetWiki account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing FleetWiki through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
J. User-to-User Communication and Sharing
FleetWiki offers various forums where you can post your observations and comments on designated topics. FleetWiki also enables sharing of information by allowing users to post updates, including links to news articles and other information. FleetWiki may close or remove content if the content violates this Agreement or others’ intellectual property rights.
Please note that ideas you post and information you share may be seen and used by other Users, and FleetWiki cannot guarantee that other Users will not use the ideas and information that you share on FleetWiki. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it on FleetWiki. FLEETWIKI IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON FLEETWIKI.
L. Export Control.
Your use of FleetWiki services, including our software,
is subject to export and re-export control laws and regulations, including the
Export Administration Regulations (“EAR”) maintained by the United States
Department of Commerce and sanctions programs maintained by the Treasury
Department's Office of Foreign Assets Control. You shall not — directly or indirectly —
sell, export, re-export, transfer, divert, or otherwise dispose of any software
or service to any end-user without obtaining the required authorizations from
the appropriate government authorities. You also warrant that you are not
prohibited from receiving
M. Contributions to FleetWiki
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to FleetWiki through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) FleetWiki is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) FleetWiki shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) FleetWiki may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to FleetWiki all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from FleetWiki under any circumstances.
3. YOUR RIGHTS.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of FleetWiki or its Users), view information and use the Services that we provide on FleetWiki webpages and in accordance with this Agreement. Any other use of FleetWiki contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from FleetWiki commercially unless expressly authorized by FleetWiki) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in FleetWiki and all related items, including any and all copies made of the FleetWiki website.
4. OUR RIGHTS AND OBLIGATIONS.
A. Services Availability.
For as long as FleetWiki continues to offer the Services, FleetWiki shall provide and seek to update, improve and expand the Services. As a result, we allow you to access FleetWiki as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue FleetWiki, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. FleetWiki further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by FleetWiki to be contrary to this Agreement. For avoidance of doubt, FleetWiki has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
B. Third Party Sites.
FleetWiki is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites, you do so at your own risk and agree that your use is on an “as-is” basis without any warranty as to the Third Party Site’s actions, and that this Agreement does not apply to your use of any Third Party Site.
C. Inclusion of company information on the FleetWiki website.
You acknowledge, consent and agree that we may include information found in the public domain about your company and its products and services on the FleetWiki website. This includes, but is not limited to news releases, presentations, white papers, case histories, technical brochure, company logos, images, pictures, and links to websites operated by your company or containing information about your company and its products and services.
D. Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of FleetWiki, our Users or the public.
E. Interactions with other Users.
You are solely responsible for your interactions with other Users. FleetWiki may limit or prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. FleetWiki reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if FleetWiki determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON FLEETWIKI, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR FLEETWIKI AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLEETWIKI DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY FLEETWIKI OR ANYTHING RELATED TO FLEETWIKI, YOU MAY CLOSE YOUR FLEETWIKI ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
FLEETWIKI IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH FLEETWIKI TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
FLEETWIKI DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, FLEETWIKI DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
FLEETWIKI DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. FLEETWIKI DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, FLEETWIKI DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE FLEETWIKI SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. LIMITATION OF LIABILITY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither FleetWiki nor any of our employees, shareholders, or directors (“FleetWiki Affiliates”) shall be cumulatively liable for (a) any damages in excess of the most recent monthly fee that you paid for a Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from FleetWiki. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
A. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
B. Not apply to any damage that FleetWiki may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
C. Not apply if you have entered into a separate agreement to purchase Services with a separate Limitation of Liability provision that supersedes this section in relation to those Services.
A. Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to FleetWiki pursuant to Section 9.C. This notice will be effective upon FleetWiki processing your notice. FleetWiki may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only FleetWiki or the party paying for the services may terminate your access to any Services. Termination of your FleetWiki account includes disabling your access to FleetWiki and may also bar you from any future use of FleetWiki.
B. Misuse of the Services.
FleetWiki may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the FleetWiki messaging services; creating multiple or false profiles; using the Services commercially without FleetWiki’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that FleetWiki, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, FleetWiki has adopted a policy of terminating accounts of Users who, in FleetWiki’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
C. Effect of Termination.
Upon the termination of your FleetWiki account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.
8. DISPUTE RESOLUTION
A. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Ohio regardless of your country of origin or where you access FleetWiki, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and FleetWiki agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Lucas County, Ohio, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and FleetWiki agree to submit to the personal jurisdiction of the courts located within Lucas County, Ohio for the purpose of litigating all such claims. Notwithstanding the above, you agree that FleetWiki shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
B. Arbitration Option.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. GENERAL TERMS.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
C. Notices and Service of Process.
In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.FleetWiki.com.
You may contact us via mail or courier at:
Havill & Co Inc
3178 N. Republic Blvd., #1
Toledo, OH 43615
Additionally, FleetWiki accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
D. Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FleetWiki services.
E. Amendments to this Agreement.
F. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any FleetWiki Affiliate shall be deemed legally binding on any FleetWiki Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of FleetWiki.
G. No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Havill & Co Inc and its service FleetWiki have a right to enforce the Agreement directly against you.
I. Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, FleetWiki for any third party that assumes our rights and obligations under this Agreement.
J. Potential Other Rights and Obligations.
You may have rights or obligations under local law other
than those enumerated here if you are located outside the
10. FLEETWIKI USER “DOS” and “DON’TS.”
As a condition to access FleetWiki, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
A. Do undertake the following:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and update it as necessary;
4. Review and comply with notices sent by FleetWiki concerning the Services; and
5. Use the Services in a professional manner.
B. Don’t undertake the following:
1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to FleetWiki;
2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
3. Create a user profile for anyone other than a natural person;
4. Harass, abuse or harm another person, including sending unwelcomed communications to others using FleetWiki;
5. Invite people you do not know to join your network;
6. Upload a profile image that is not your likeness or a head-shot photo;
7. Use or attempt to use another's account without authorization from the Company, or create a false identity on FleetWiki;
8. Upload, post, email, transmit or otherwise make available or initiate any content that:
a. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
b. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
c. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by FleetWiki);
d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using FleetWiki invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using FleetWiki to connect to people who don’t know you and then sending unsolicited promotional messages to those people without their permission;
g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of FleetWiki or any User of FleetWiki;
h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
9. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
10. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on FleetWiki (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by FleetWiki;
11. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
12. Utilize or copy information, content or any data you view on and/or obtain from FleetWiki to provide any service that is competitive, in FleetWiki’s sole discretion, with FleetWiki;
13. Imply or state, directly or indirectly, that you are affiliated with or endorsed by FleetWiki unless you have entered into a written agreement with FleetWiki (this includes, but is not limited to, representing yourself as an accredited FleetWiki trainer if you have not been certified by FleetWiki as such);
14. Adapt, modify or create derivative works based on FleetWiki or technology underlying the Services, or other Users’ content, in whole or part;
15. Rent, lease, loan, trade, sell/re-sell access to FleetWiki or any information therein, or the equivalent, in whole or part;
16. Sell, sponsor, or otherwise monetize a FleetWiki service or functionality of FleetWiki, without the express written permission of FleetWiki.
17. Deep-link to the Site for any purpose, (i.e. including a link to a FleetWiki web page other than FleetWiki’s home page) unless expressly authorized in writing by FleetWiki or for the purpose of promoting your profile;
18. Remove any copyright, trademark or other proprietary rights notices contained in or on FleetWiki, including those of both FleetWiki and any of its licensors;
19. Remove, cover or otherwise obscure any form of advertisement included on FleetWiki;
20. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from FleetWiki except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
21. Share information of non-Users without their express consent;
22. Infringe or use FleetWiki’s brand, logos and/or trademarks, including, without limitation, using the word “FleetWiki” in any business name, email, or URL or including FleetWiki’s trademarks and logos except as expressly permitted by FleetWiki;
23. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
24. Use bots or other automated methods to access FleetWiki, add or download contacts, send or redirect messages, or perform other activities through FleetWiki, unless explicitly permitted by FleetWiki;
25. Access, via automated or manual means or processes, FleetWiki for purposes of monitoring FleetWiki’s availability, performance or functionality for any competitive purpose;
26. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of FleetWiki’s website;
27. Attempt to or actually access FleetWiki by any means other than through the interfaces provided by FleetWiki such as its mobile application or by navigating to http://FleetWiki.com using a web browser. This prohibition includes accessing or attempting to access FleetWiki using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including FleetWiki;
28. Attempt to or actually override any security component included in or underlying FleetWiki;
29. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on FleetWiki’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or FleetWiki personnel, attempting to gain unauthorized access to FleetWiki, or transmitting or activating computer viruses through or on FleetWiki;
30. Interfere with or disrupt or game FleetWiki or the Services, including, but not limited to, any servers or networks connected to FleetWiki.
11. JUST TO BE CLEAR.
1. Havill draws on information and analysis believed to be reliable. However, neither Havill nor individuals credited with authorship or support can guarantee accuracy or completeness, or be liable for possible errors of fact or judgment. The Subscriber hereby releases and waives any and all claims it may have against Havill their respective directors, members, shareholders, officers, employees, agents, and representatives (collectively, "Representatives") from any and all claims, liabilities, or damages resulting from the use of information or data or services provided by Havill. The Subscriber may only use the data or information provided by Havill within the subscriber's company and fleet customer base, but such information shall not be used or relied upon as the exclusive basis for evaluating sales and marketing decisions. IN NO EVENT WILL HAVILL OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OF, OR INABILITY TO USE, HAVILL INFORMATION OR SERVICES. If any of the limitations on liability of Havill or the Subscribers affiliated therewith or their Representatives contained in this agreement are found to be invalid or unenforceable for any reason by a court of competent jurisdiction, the Subscriber agrees that the maximum liability of Havill and its affiliated Subscribers or their Representatives shall not, in the aggregate, be greater than the most recent monthly fee that you paid for a Service, if any, or US $100, whichever amount is greater.
2. The Subscriber acknowledges and agrees that Havill is the owner of all rights, titles, and interests in and to Havill research, its database and information, including without limitation, all patent, copyright, trademark, service mark, trade secret, and trade name rights in and to the foregoing. The Subscriber shall not disclose to anyone, or permit anyone access to, Havill data, information, or programs. The Subscriber agrees that any breach of this paragraph would cause Havill irreparable injury, and that upon any breach or attempted breach of this paragraph, Havill shall have the right to injunctive relief in addition to any other remedies at law or equity.
3. By subscribing to the FleetWiki Technologies multi-client study and companion website, FleetWiki.com, you accept the terms of this purchase agreement.
12. COMPLAINTS REGARDING CONTENT POSTED ON THE FLEETWIKI WEBSITE.
We built FleetWiki to help you be a more successful fleet operator or industry supplier, and to help professionals succeed. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties.
FleetWiki is a Havill & Co Inc service, Toledo, OH, USA, April 9, 2018.