Terms Of Service
1. Your relationship with AutoCache
1.1 Your use of AutoCache’s products, software, services and web sites (referred to
collectively as the "Services" in this document and excluding any services provided
to you by AutoCache under a separate written agreement) is subject to the terms of
a legal agreement between you and AutoCache. "AutoCache" or "FleetZOOM"
means AutoCache Inc., whose principal place of business is at
12600 Hill Country Blvd, Suite R-275, Austin, Texas, United States.
This document explains how the agreement is made up,
and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with AutoCache, your agreement with AutoCache
will always include, at a minimum, the terms and conditions set out in this document.
These are referred to below as the "Universal Terms".
1.3 Your agreement with AutoCache will also include the terms of any Legal Notices
applicable to the Services, in addition to the Universal Terms. All of these are
referred to below as the "Additional Terms". Where Additional Terms apply to a
Service, these will be accessible for you to read either within, or through your
use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding
agreement between you and AutoCache in relation to your use of the Services. It is
important that you take the time to read them carefully. Collectively, this legal
agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the
Universal Terms say, then the Additional Terms shall take precedence in relation
to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not
use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available
to you by AutoCache in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that
AutoCache will treat your use of the Services as acceptance of the Terms from that
point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of
legal age to form a binding contract with AutoCache, or (b) you are a person barred
from receiving the Services under the laws of the United States or other countries
including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal
Terms for your records.
3. Language of the Terms
3.1 Where AutoCache has provided you with a translation of the English language
version of the Terms, then you agree that the translation is provided for your
convenience only and that the English language versions of the Terms will govern
your relationship with AutoCache.
3.2 If there is any contradiction between what the English language version
of the Terms says and what a translation says, then the English language version
shall take precedence.
4. Provision of the Services by AutoCache
4.1 AutoCache has subsidiaries and affiliated legal entities around the world
("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the
Services to you on behalf of AutoCache itself. You acknowledge and agree that
Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 AutoCache is constantly innovating in order to provide the best possible
experience for its users. You acknowledge and agree that the form and nature
of the Services which AutoCache provides may change from time to time without
prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that
AutoCache may stop (permanently or temporarily) providing the Services (or
any features within the Services) to you or to users generally at AutoCache’s
sole discretion, without prior notice to you. You may stop using the Services
at any time. You do not need to specifically inform AutoCache when you stop
using the Services.
4.4 You acknowledge and agree that if AutoCache disables access to your account,
you may be prevented from accessing the Services, your account details or any
files or other content which is contained in your account.
4.5 You acknowledge and agree that while AutoCache may not currently have set
a fixed upper limit on the number of transmissions you may send or receive through
the Services or on the amount of storage space used for the provision of any
Service, such fixed upper limits may be set by AutoCache at any time, at AutoCache’s
discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information
about yourself (such as identification or contact details) as part of the registration
process for the Service, or as part of your continued use of the Services. You agree
that any registration information you give to AutoCache will always be accurate,
correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the
Terms and (b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions (including any laws regarding the export
of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any
means other than through the interface that is provided by AutoCache, unless you
have been specifically allowed to do so in a separate agreement with AutoCache.
You specifically agree not to access (or attempt to access) any of the Services
through any automated means (including use of scripts or web crawlers) and shall
ensure that you comply with the instructions set out on the Services.
5.4 You agree that you will not engage in any activity that interferes with or
disrupts the Services (or the servers and networks which are connected to the
Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement
with AutoCache, you agree that you will not reproduce, duplicate, copy, sell,
trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that AutoCache has no
responsibility to you or to any third party for) any breach of your obligations
under the Terms and for the consequences (including any loss or damage which
AutoCache may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality
of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to
AutoCache for all activities that occur under your account.
7. Privacy and your personal information
7.1 For information about AutoCache’s data protection practices, please read
AutoCache’s privacy policy at
https://www.FleetZOOM.com/info/privacy/.
This policy explains how AutoCache treats your personal information, and protects
your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with AutoCache’s privacy policies.
8. Content in the Services
8.1 You should be aware that Content presented to you as part of the Services, including
but not limited to advertisements in the Services and sponsored Content within the Services
may be protected by intellectual property rights which are owned by the sponsors or
advertisers who provide that Content to AutoCache (or by other persons or companies on
their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative
works based on this Content (either in whole or in part) unless you have been specifically
told that you may do so by AutoCache or by the owners of that Content, in a separate
agreement.
8.2 You understand that by using the Services you may be exposed to Content that you may
find offensive, indecent or objectionable and that, in this respect, you use the Services
at your own risk.
8.3 You agree that you are solely responsible for (and that AutoCache has no responsibility
to you or to any third party for) any Content that you create, transmit or display while
using the Services and for the consequences of your actions (including any loss or damage which
AutoCache may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that AutoCache (or AutoCache’s licensors) own all legal right,
title and interest in and to the Services, including any intellectual property rights which subsist
in the Services (whether those rights happen to be registered or not, and wherever in the world
those rights may exist). You further acknowledge that the Services may contain information which
is designated confidential by AutoCache and that you shall not disclose such information without
AutoCache’s prior written consent.
9.2 Unless you have agreed otherwise in writing with AutoCache, nothing in the Terms gives
you a right to use any of AutoCache’s trade names, trade marks, service marks, logos, domain
names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate
written agreement with AutoCache, then you agree that your use of such features shall be in
compliance with that agreement, any applicable provisions of the Terms, and AutoCache's brand
feature use guidelines as updated from time to time.
9.4 Other than the limited license set forth in Section 11, AutoCache acknowledges and agrees
that it obtains no right, title or interest from you (or your licensors) under these Terms in
or to any Content that you submit, post, transmit or display on, or through, the Services,
including any intellectual property rights which subsist in that Content (whether those rights
happen to be registered or not, and wherever in the world those rights may exist). Unless you
have agreed otherwise in writing with AutoCache, you agree that you are responsible for protecting
and enforcing those rights and that AutoCache has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices
(including copyright and trade mark notices) which may be affixed to or contained within
the Services.
9.6 Unless you have been expressly authorized to do so in writing by AutoCache, you agree
that in using the Services, you will not use any trade mark, service mark, trade name,
logo of any company or organization in a way that is likely or intended to cause confusion
about the owner or authorized user of such marks, names or logos.
10. License from AutoCache
10.1 AutoCache gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive
license to use the software provided to you by AutoCache as part of the Services as provided to
you by AutoCache (referred to as the "Software" below). This license is for the sole purpose
of enabling you to use and enjoy the benefit of the Services as provided by AutoCache, in the
manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative
work of, reverse engineer, decompile or otherwise attempt to extract the source code of the
Software or any part thereof, unless this is expressly permitted or required by law, or
unless you have been specifically told that you may do so by AutoCache, in writing.
10.3 Unless AutoCache has given you specific written permission to do so, you may not
assign (or grant a sub-license of) your rights to use the Software, grant a security interest
in or over your rights to use the Software, or otherwise transfer any part of your rights
to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit,
post or display on or through, the Services. By submitting, posting or displaying the content
you give AutoCache a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display
and distribute any Content which you submit, post or display on or through, the Services. This
license is for the sole purpose of enabling AutoCache to display, distribute and promote the
Services and may be revoked for certain Services as defined in the Additional Terms
of those Services.
11.2 You agree that this license includes a right for AutoCache to make such Content available
to other companies, organizations or individuals with whom AutoCache has relationships for the
provision of syndicated services, and to use such Content in connection with the provision of
those services.
11.3 You understand that AutoCache, in performing the required technical steps to provide the
Services to our users, may (a) transmit or distribute your Content over various public networks
and in various media; and (b) make such changes to your Content as are necessary to conform
and adapt that Content to the technical requirements of connecting networks, devices, services
or media. You agree that this license shall permit AutoCache to take these actions.
11.4 You confirm and warrant to AutoCache that you have all the rights, power and authority
necessary to grant the above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time
to time from AutoCache. These updates are designed to improve, enhance and further
develop the Services and may take the form of bug fixes, enhanced functions, new software
modules and completely new versions. You agree to receive such updates (and permit
AutoCache to deliver these to you) as part of your use of the Services.
13. Ending your relationship with AutoCache
13.1 The Terms will continue to apply until terminated by either you or
AutoCache as set out below.
13.2 If you want to terminate your legal agreement with AutoCache, you may do so by (a) notifying
AutoCache at any time and (b) closing your accounts for all of the Services which you use, where
AutoCache has made this option available to you. Your notice should be sent, in writing, to
AutoCache’s address which is set out at the beginning of these Terms.
13.3 AutoCache may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows
that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) AutoCache is required to do so by law (for example, where the provision of the Services
to you is, or becomes, unlawful); or
(C) the partner with whom AutoCache offered the Services to you has terminated its
relationship with AutoCache or ceased to offer the Services to you; or
(D) AutoCache is transitioning to no longer providing the Services to users in the
country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by AutoCache is, in AutoCache’s opinion,
no longer commercially viable.
13.4 Nothing in this Section shall affect AutoCache’s rights regarding provision of
Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and
liabilities that you and AutoCache have benefited from, been subject to (or which
have accrued over time whilst the Terms have been in force) or which are expressed
to continue indefinitely, shall be unaffected by this cessation, and the provisions
of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities
indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT
AUTOCACHE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR
LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR
DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR
JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR
SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
14.3 IN PARTICULAR, AUTOCACHE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT
REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUTOCACHE OR
THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 AUTOCACHE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND
AND AGREE THAT AUTOCACHE , ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL
NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES
WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY..
THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED
DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS
OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED
TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF
ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU
AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH AUTOCACHE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT
OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN
THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND
OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF
THE SERVICES;
(III) YOUR FAILURE TO PROVIDE AUTOCACHE WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL;
15.2 THE LIMITATIONS ON AUTOCACHE ’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE
SHALL APPLY WHETHER OR NOT AUTOCACHE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN
AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is AutoCache’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by AutoCache on the Services are subject to change without specific notice to you.
17.3 In consideration for AutoCache granting you access to and use of the Services, you agree that
AutoCache may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources.
AutoCache may have no control over any web sites or resources which are provided by companies or persons other than
AutoCache.
18.2 You acknowledge and agree that AutoCache is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that AutoCache is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 AutoCache may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made,
AutoCache will make a new copy of the Universal Terms available at https://www.FleetZOOM.com/info/tos/ and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed,
AutoCache will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and
AutoCache and govern your use of the Services (but excluding any services which
AutoCache may provide to you under a separate written agreement), and completely replace any prior agreements between you and
AutoCache in relation to the Services.
20.3 You agree that AutoCache may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if AutoCache does not exercise or enforce any legal right or remedy which is contained in the Terms (or which
AutoCache has the benefit of under any applicable law), this will not be taken to be a formal waiver of
AutoCache’s rights and that those rights or remedies will still be available to
AutoCache.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which
AutoCache is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with AutoCache under the Terms, shall be governed by the laws of the State of
Texas without regard to its conflict of laws provisions. You and AutoCache agree to submit to the exclusive jurisdiction of the courts located within
Travis County, Texas to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that AutoCache shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
March 16, 2008