Terms and Conditions
1. GENERAL TERMS AND CONDITIONS
1.1 The Parties. These General Terms and Conditions (the “Terms”) together with each Services Order Form, which references and incorporates these Terms, including any addenda to such Service Order Forms, shall comprise the Agreement (“Agreement”) between TOP FLEET GPS (which for the purposes of this Agreement shall include its affiliates) and the Customer (“Customer”) identified on the Services Order Form.
1.2 The Services. These Terms shall govern the relationship between the Parties in respect to TOP FLEET GPS services (“Services”), rendered to the Customer, as specified on the Services Order Form.
1.3 Integration. This Agreement constitutes the whole agreement between the Parties in regard to the subject matter of this Agreement. No Party will be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. The Agreement supersedes and replaces all prior commitments, undertakings or representations, whether oral or written, between the Parties in respect of the subject matter hereof. Any and all prior agreements, understandings or representations with respect to the subject matter hereof are terminated and canceled in their entirety and are of no further force or effect, but specifically excluding the Agreement and any documents provided for herein
1.4 Amendments; No Waiver. All other terms, conditions and variations to these printed Terms, term sheets, order forms or purchase orders shall be of no force and effect unless TOP FLEET GPS and the Customer agree in writing. Such agreement shall be signed by the authorized representatives to incorporate such additional terms into this Agreement. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the Party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the Parties arising out of or affecting this Agreement, or the rights or obligations of any Party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid. No waiver by either Party of any breach of or compliance with any condition or provision of this Agreement by the other Party will be considered a waiver of any other condition or provision of the same condition or provision at another time.
1.5 Any services outside the scope of this Agreement must be agreed to pursuant to a written Agreement between the Parties.
1.6 Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
1.7 Electronic Signature Accepted. The Customer acknowledges and agrees that the Services Order Form (as well as any amendment or addendum thereto to the Terms or to any other Services Order Form and any other agreement or arrangement between TOP FLEET GPS and the Customer) may validly be signed electronically by either Party, including 2in the form of an electronic signature generated by DocuSign (or any other similar service as may be freely determined by TOP FLEET GPS).
1.8 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed original, but all of which together shall constitute one and the same instrument
1.9 Notice. Except as otherwise expressly stated (e.g., with regard to cancellation), any notice to be given in respect of this Agreement by either of the Parties shall be in writing and delivered to the registered office or principal place of business of the other, or any other address as expressly nominated by the Parties, from time to time.
1.10 Acknowledgment. The Parties acknowledge that they have fully read and completely understand the terms, nature, and effect of this Agreement, and have had the opportunity to consult with legal counsel before executing this Agreement. The Parties further acknowledge that they are executing this Agreement freely, knowingly, and voluntarily and that each Party’s execution of this Agreement is not the result of any fraud, duress, mistake, or undue influence whatsoever. In executing this Agreement, neither party has relied on any inducements, promises, or representations by the Company other than the terms and conditions herein.
1.11 Legal Capacity. Each individual executing this Agreement represents and warrants that he or she has the right, power, legal capacity, and authority to execute and enter into this Agreement on behalf of the entity for which he or she is signing. No approval or consent not heretofore obtained by any person or entity is necessary in connection with the execution of this Agreement by such party or the performance of such Party’s obligations under this Agreement.
1.12 Force Majeure. In the event that the TOP FLEET GPS is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, pandemic, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the TOP FLEET GPS, other causes beyond the TOP FLEET GPS’s reasonable control (a “Force Majeure Event”) or an economic crisis resulting from any Force Majeure Event the TOP FLEET GPS shall immediately give notice to the Customer and shall take reasonable steps to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended until they can resume, or terminated at the election of the TOP FLEET GPS should such circumstances continue for one (1) month from the date of notice.
1.13 Assignment. TOP FLEET GPS reserves the right to assign this Agreement to a third party at any time during the term of this Agreement. This Agreement is personal to the Customer, and Customer may not assign its rights or obligations, in whole or in part, to any third party without TOP FLEET GPS’s written approval
1.14 Arbitration. EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO THIS AGREEMENT AND REPRESENTS THAT COUNSEL HAS BEEN CONSULTED SPECIFICALLY AS TO THIS WAIVER. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one (1). The place of arbitration shall be Ontario, California. California State law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
2. PRICES, PAYMENT TERMS, COMMITMENT OF CUSTOMER, CREDIT REPORTING AND TAXES
2.1 Prices. Prices, which are expressed in US Dollars, are only valid if expressed in writing by TOP FLEET GPS and only for the period stated in the contract. All payments to TOP FLEET GPS exclude taxes, unless specifically otherwise stated.
2.2 Payment. In the event that the Customer selects to buy the Equipment from TOP FLEET GPS, the Customer will be billed for the Equipment upon acceptance of the Service Order Form, payment of which shall be due on presentation. The Subscription fees shall be payable in advance on or before the first day of each and every successive month, with a monthly pro rata fee on the day of the Subscription Start Date.
2.3 Start Date. The Service Term shall commence upon delivery of Equipment to Customer and if necessary, as evidenced by shipping carrier documented delivery date. Such date shall be deemed the Start Date.
2.4 Add-on Features. Unless otherwise specified in writing between the Parties, the Service Term for add-on features will have the same Service Term as the base vehicle tracking Equipment to which the add-on features apply.
2.5 Late Charge. Should the Customer not elect to pay via direct debit or credit card, payment of all amounts shall be made within fifteen (15) days of the date reflected on the invoice, unless otherwise agreed. If any payment is not made by the Customer by the due date, TOP FLEET GPS reserves the right to charge a late payment charge of one and one-half percent (1.5%) per month of the outstanding past due balance or the highest amount allowable by law.
2.6 Failure to Make Timely Payment. Any failure by the Customer to make timely payment of any obligation under this Agreement shall be deemed a breach of these terms and may result in the cancellation of the Agreement by TOP FLEET GPS without prejudice to any other rights TOP FLEET GPS MAY HAVE UNDER THIS AGREEMENT OR THE LAW. TOP FLEET GPS shall be entitled to recover any amounts owed pursuant to this Agreement by debiting the Customer’s account with the outstanding amount or by any other legal action, and cancel the Agreement, charging a reasonable penalty fee for early cancellation. The Customer agrees to reimburse TOP FLEET GPS for all charges, costs, expenses and attorney’s fees incurred to enforce or collect any and all amounts due under this Agreement.
2.7 Removal of Equipment. If the Equipment has not been paid for in full and this Agreement is terminated for any reason whatsoever, TOP FLEET GPS may, at its expense, remove the Equipment and the Customer shall, within five (5) days of receipt of any written or verbal request, deliver the Vehicle to an installation center for such removal
2.8 Disputes. In the event that the Customer has a valid dispute with any invoice or amount due, such dispute must be communicated in writing via email at firstname.lastname@example.org within thirty (30) days of the billing date, describing the amount, issue and the reason for the dispute. Any amount not disputed within this time frame will be deemed to be undisputed. TOP FLEET GPS and the Customer both jointly undertake to expeditiously resolve any dispute. No credit or refund shall be made for Services already provided to the Customer.
2.9 Fundamental Customer Changes. The Customer agrees to notify TOP FLEET GPS via email at email@example.com within thirty (30) days of any change in the Customer’s trade name, address, or phone number. The Customer confirms the completeness and accuracy of all the information on the Service Order Form or otherwise furnished by or on behalf of the Customer to TOP FLEET GPS.
2.10 Credit Reports. By executing this Agreement, the Customer authorizes TOP FLEET GPS to periodically request a credit report and bank and trade references. The Customer may request the name and address of the reporting agency from which TOP FLEET GPS received such a report.
2.11 Taxes. The Customer is responsible for the payment of all applicable taxes, however designated or incurred in connection with the transactions under this Agreement and agrees to reimburse TOP FLEET GPS upon demand for any taxes paid on their behalf.
3. DELIVERY AND INSTALLATION OF TOP FLEET GPS OWNED EQUIPMENT
3.1 Installation. The provision of Services as contemplated herein requires the installation of the Equipment into the Customer’s vehicles, which is expressly not included in the Services to be rendered pursuant to this Agreement.
3.2 Delivery Dates. All Equipment delivery times and dates are approximate. TOP FLEET GPS and the Customer shall use their reasonable efforts to adhere to such dates and times.
3.3 No Liability. TOP FLEET GPS shall not be liable for any loss or damage resulting from late delivery or the Customer’s installation of the Equipment. Installation is carried out by the Customer, the Customer’s employees, agents, representatives or nominated sub-contractors. TOP FLEET GPS shall not be liable for any loss or damage whatsoever, arising directly or indirectly, as a result of any attempt by the Customer to install the Equipment itself. While TOP FLEET GPS shall provide written instructions as a courtesy, TOP FLEET GPS advises the Customer to seek professional assistance with regard to such installation.
4. ACCESS AND USE
4.1 Provision of Access; Grant of License. Subject to and conditioned on Customer’s payment of fees and compliance with the terms and conditions of this Agreement, TOP FLEET GPS hereby grants Customer a non-exclusive, non-sublicensable, non-transferable right to access and use the Services during the Term, solely for use by the Customer and any employee, contractor, agent of the Customer (collectively, “Authorized Users”) in accordance with the terms and conditions herein. Such use is limited to Customer’s internal use. TOP FLEET GPS shall provide to Customer the necessary passwords and network links or connections to allow Customer to access the Services. Through the Services, the Customer shall be entitled to access and use the TOP FLEET GPS Online Tracking Platform up to and including the last day of the Service Term, in a manner consistent with any TOP FLEET GPS policies and additional use limitations specified or referenced in the order form and solely for the Customer’s use.
4.2 Documentation License. Subject to the terms and conditions contained in this Agreement, TOP FLEET GPS hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use any written documentation created by the TOP FLEET GPS to offer guidance and/or instruction regarding the Services (collectively, the “Documentation”) during the Term solely for Customer’s internal business purposes in connection with its use of the Services.
4.3 Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) create derivative works of the Services, Equipment, or Documentation, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services or Equipment, in whole or in part; (iii) remove any proprietary notices from the Services, Equipment, or Documentation; (iv) use the Services, Equipment, or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; or (v) commercial resale of the Services, Equipment, or Documentation. The TOP FLEET GPS hereby agrees and acknowledges that nothing in this Section shall preclude the Customer from commercially disseminating the Services
4.4 Reservation of Rights. TOP FLEET GPS reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Services, the Documentation, and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing (collectively, the “TOP FLEET GPS IP”).
4.5 Customer Responsibilities. Customer is responsible and liable for all uses of the Services and Documentation resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer. Customer shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services and shall cause Authorized Users to comply with such provisions.
4.6 Effect of Termination. Upon the termination of this Agreement, for whatever reason, all rights granted by TOP FLEET GPS to Customer hereunder shall immediately cease and the Customer shall immediately return to TOP FLEET GPS all TOP FLEET GPS property, including, but not limited to, its Equipment, Confidential Information and all copies thereof. Upon the termination of this Agreement, TOP FLEET GPS shall immediately return to Customer all Customer property, including, but not limited to, its Confidential Information and all copies thereof. Termination of this Agreement shall not limit either Party from pursuing other remedies available to it, including injunctive relief. Termination of this Agreement, other than as a result of TOP FLEET GPS’s breach, shall not relieve Customer of its obligation to pay all fees and other amounts due by Customer under this Agreement and such amounts shall be accelerated and paid by Customer in a lump sum payment due upon termination.
5. OWNERSHIP RIGHTS
5.1 Acknowledgment. The Customer acknowledges that TOP FLEET GPS and its suppliers own all rights, title, and interest in the Equipment and Services, including but not limited to all worldwide copyrights, trade secrets, trademark, patents, confidential information, and proprietary and intellectual property rights subsisting therein. The Customer does not acquire any rights, express or implied, in the Equipment or Services other than those specified in this Agreement.
5.2 Third-Party Applications. The Customer acknowledges that the Equipment and the Services may contain certain third-party applications and software licensed to TOP FLEET GPS. The right to access and use the Services granted hereunder shall be subject to any underlying license to TOP FLEET GPS from a third party of any component of the Equipment or Services.
6. EQUIPMENT DEFECTS & REPRESENTATIONS; LIMITATION OF LIABILITY
6.1 Defects. Subject to the limitations contained herein, TOP FLEET GPS represents that for the duration of the Service Term, the Equipment will be free from defects in respect to materials and workmanship and will substantially conform to the specifications for such Equipment. If, during the Service Term, any Equipment is found to be defective, TOP FLEET GPS will, at its sole election, repair or replace the defective Equipment within a reasonable time, using components or replacements that are new or used. The foregoing remedy is the sole and exclusive remedy of Customer regarding defective equipment and is in lieu of any other remedy available to the Customer at law or in equity. The Customer will provide TOP FLEET GPS reasonable access to the vehicle to affect such repairs or replacements. In no event will TOP FLEET GPS be liable for loss of use of the vehicle when the Equipment is being repaired or replaced. TOP FLEET GPS’s promise to repair or replacement of defective Equipment does not apply if such defect or failure of the Equipment or any part thereof is due to accident, modification or misuse by the Customer or any third party. In this regard, the Customer may incur additional charges for defects resulting from: (i) damage caused by incorrect installation, use, modification or repair by any unauthorized third party or by the Customer or its representative, (ii) misuse or abuse to any element of the system or component thereof, (iii) damage caused by any Party or other external force, or (iv) damage caused by the connection of the Equipment to any third-party products or software provided by the Customer.
6.2 Disclaimer of Warranties. OTHER THAN THAT WHICH IS EXPRESSLY STATED HEREUNDER, THE EQUIPMENT AND THE SERVICES ARE PROVIDED “AS IS” AND TOP FLEET GPS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, STATUTORY, OR OTHERWISE. TOP FLEET GPS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TOP FLEET GPS MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. MOREOVER, THE TOP FLEET GPS MAKES NO REPRESENTATION THAT THE SERVICES WILL BE INTEGRATABLE INTO ANY THIRD-PARTY SOFTWARE, EXCEPT TO THE EXTENT THAT THE TOP FLEET GPS SPECIFICALLY AGREES IN WRITING.
6.3 Limitation of Liability. IN NO EVENT SHALL THE TOP FLEET GPS BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE REGARDING THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT TOP FLEET GPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE TOP FLEET GPS.
6.4 Indemnification. Customer shall indemnify, hold harmless, and, at TOP FLEET GPS’s option, defend TOP FLEET GPS from and against any Losses resulting from any third-party claim that any use of data of the Customer’s clients in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights, and any third-party claims based on Customer’s or any Authorized User’s (i) negligence or willful misconduct; (ii) use of the Equipment or Services in a manner not authorized by this Agreement; (iii) use of the Equipment or Services in combination with data, software, hardware, equipment, or technology not provided by TOP FLEET GPS or authorized by TOP FLEET GPS in writing; or (iv) modifications to the Equipment or Services not made by TOP FLEET GPS, provided that Customer may not settle any third-party claim against TOP FLEET GPS unless TOP FLEET GPS consents to such settlement, and further provided that TOP FLEET GPS will have the right, at its option, to defend itself against any such third-party claim or to participate in the defense thereof by counsel of its own choice..
7 INTELLECTUAL PROPERTY RIGHTS
7.1 Third Party Claims. If the Equipment or Service becomes the subject of a claim by a third party, the Customer will inform TOP FLEET GPS by writing to firstname.lastname@example.org. The Customer shall not acquire any rights, title or interest of any kind in any intellectual property owned by TOP FLEET GPS. All intellectual property owned by TOP FLEET GPS and all modifications made to it, shall at all times remain the sole property of TOP FLEET GPS.
7.2 Prohibited Uses. Any use of TOP FLEET GPS’s Intellectual Property other than as expressly permitted under this Agreement shall constitute a material breach of the Agreement.
8 USE OF THE TOP FLEET GPS SERVICES
8.1 Customer Responsible for Use. The Customer is responsible for all use of the Services made, using any usernames and passwords registered by or allocated to it, whether or not the use is made by the Customer or someone else using its username and password. The Customer is responsible for protecting and securing its username and password from unauthorized use.
8.2 Customer Contact. The Customer shall designate an individual to serve as its primary contact with respect to this Agreement and to act as its authorized representative with respect to matters pertaining to this Agreement, with such designation to remain in force unless and until another such contact is appointed. If any other individuals are necessary for the facilitation of the Services, then the Customer shall provide the TOP FLEET GPS reasonable access to such individuals
8.3 Notice of Breach. The Customer must notify TOP FLEET GPS immediately in the event that it is aware of a breach of security or of the possibility of a breach of security. TOP FLEET GPS may provide hyperlinks to sites on the Internet, which are operated by unrelated third parties. Using an external hyperlink means that the Customer may be leaving TOP FLEET GPS’s site and TOP FLEET GPS therefore takes no responsibility for and gives no warranties, guarantees or representations in respect to linked sites. TOP FLEET GPS assumes no responsibility for the accuracy of the information on any linked sites.
8.4 Customer Must Adhere to Laws. The Customer is responsible for checking directions for accuracy, confirming that the designated routes still exist, responding appropriately to construction and other road hazards and adhering to all traffic laws.
8.5 Data Collected. The Equipment and Services are designed to collect certain data and information from Customers’ vehicles, including, without limitation, data regarding the location of the vehicles, rate of travel, ignition on/off, idle time, number of stops and other similar information (collectively, “Vehicle Information”). The Customer acknowledges and agrees that as between Customer and TOP FLEET GPS, TOP FLEET GPS owns all Vehicle Information, including all rights in and to such Vehicle Information.
8.6 Review of Vehicle Information. Without limiting the generality of the foregoing, the Customer acknowledges and agrees that, as the owner of the Vehicle Information, TOP FLEET GPS may review, analyze, manipulate, copy and modify the Vehicle Information. TOP FLEET GPS may also distribute data based upon the Vehicle Information, provided, however that TOP FLEET GPS agrees that it shall not disclose to any third parties any Vehicle Information that identifies specifically the Customer or any of the drivers of Customer’s vehicles. It being understood, however, that the foregoing restriction shall not apply to disclosures of Vehicle Information that are (i) required by law or in response to a request from law enforcement authorities, (ii) made in connection with a subpoena or other similar demand, (iii) made in connection with a contemplated merger, acquisition or similar transaction, (iv) made to TOP FLEET GPS affiliates or related companies, and/or (v) made to TOP FLEET GPS service providers.
8.7 Product Brochures. The Customer will be responsible to use the Equipment and the Service in the manner advised by TOP FLEET GPS and as reflected in TOP FLEET GPS’s product brochures.
8.8 No Alterations. The Customer shall not, in any way, alter or tamper with the Equipment.
8.9 Suspension. Notwithstanding anything to the contrary in this Agreement, TOP FLEET GPS may temporarily suspend Customer’s and any Authorized User’s access to any portion or all of the Services if: (i) TOP FLEET GPS reasonably determines that (A) there is a threat or attack on any of the TOP FLEET GPS IP; (B) Customer’s or any Authorized User’s use of the TOP FLEET GPS IP disrupts or poses a security risk to the TOP FLEET GPS IP or to any other customer or vendor of TOP FLEET GPS; (C) Customer, or any Authorized User, is using the TOP FLEET GPS IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) TOP FLEET GPS’s provision of the Services to Customer or any Authorized User is prohibited by applicable law; (ii) any vendor of TOP FLEET GPS has suspended or terminated TOP FLEET GPS’s access to or use of any third-party services or products required to enable Customer to access the Services; or (iii) any non-payment by Customer (any such suspension described in sub clause (i), (ii), or (iii), a “Service Suspension”). TOP FLEET GPS shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Services following any Service Suspension. TOP FLEET GPS shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. TOP FLEET GPS will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension
9. AVAILABILITY OF SERVICES
9.1 No Warranty of Connection. TOP FLEET GPS does not warrant any connection, communication, transmission, security of, or results from the use of any information provided (or omitted to be provided) in connection with the Services. Availability of, or accuracy of information provided by the Services may become disrupted or degraded from time to time as a result of events such as, but not limited to; disruption to satellite system operation, unavailability of wireless data carrier services or signals, disruptions to the Internet or TOP FLEET GPS server(s), computer failures and viruses, and hardware failures. Neither TOP FLEET GPS nor its wireless network partners make any warranties with respect to the Service or the performance of any wireless network. To the extent TOP FLEET GPS provides access to information provided by other sources, TOP FLEET GPS accepts no liability for and makes no warranties, express or implied, with respect to the accuracy or the content thereof.
9.2 Commercially Reasonable Efforts. TOP FLEET GPS shall use commercially reasonable efforts to minimize the effects of any such disruption or degradation to the Customer but shall not be liable to the Customer for any loss or damage, whether resulting directly or indirectly from the unavailability of any of the Services, degradation of the accuracy of the information or the failure of the Products.
9.3 No Warranty with Regard to Maintenance of Information. TOP FLEET GPS accepts no responsibility whatsoever for any Vehicle Information lost as a result of any failure of the Equipment or disruption to, or degradation of, any of the Services. TOP FLEET GPS’s total liability to the Customer in this regard shall be limited to the fees received by TOP FLEET GPS from the Customer for the Services relating to the period during which any disruption or degradation of the Services continued.
Top Fleet GPS welcomes your questions or comments regarding this Statement of Privacy. If you believe that Top Fleet GPS has not adhered to this Statement, please contact Top Fleet GPS at:
JJM Industries Incorporated
dba Top Fleet GPS
12142 Central Ave #201
Chino, California 91710
Email Address: email@example.com
Telephone number: 951-350-1620
Effective as of March 03, 2021