Terms and conditions of use 4 CMV Fleet Solutions LLC

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

BY ACKNOWLEDGING AND ACCEPTING THE TERMS AND CONDITIONS OUTLINED IN THIS CONTRACT I AM GIVING PERMISSION FOR THE MONTHLY OR YEARLY AUTOMATIC WITHDRAWAL FROM MY BANK ACCOUNT OR CREDIT CARD PROVIDED TO 4 CMV FLEET SOLUTIONS LLC BY THE MEMBER AT THE TIME SUBSCRIPTION TO 4 CMV FLEET SOLUTIONS LLC WEBSITE. THE AMOUNT WILL BE EQUAL TO THE AGREED UPON AMOUNT AT TIME OF PURCHASE. NO CHANGE IN MY MONTHLY FEES WILL BE IMPLEMENTED WITH PRIOR ACKNOWLEDGMENT OF INCREASE BY THE MEMBER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and 4 CMV Fleet Solutions LLC, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein.

However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Service.

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

1.6 The term of website in these terms and conditions is referring to all 4 CMV Driver online databases and website use.

2. Fees

2.1 You agree to pay a monthly fee  + state tax per month for your monthly subscriptionvia a reoccurring monthly subscription fee.

2.2 You must file a cancelation in writing to support@4cmvfleetsolutions.com to cancel your membership (see 8).

3. Copyright and Trademark notice

3.1 Copyright 2017 4 CMV Fleet Solutions LLC.

3.2 Subject to the express provisions of these terms and conditions:

(a) 4 CMV Fleet Solutions LLC, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Advertisers and Sponsors Disclaimer

4.1 Our Website may contain advertising and sponsorships.

4.2 Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws.

4.3 We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

4.4 The inclusion of third party advertisers does not constitute an endorsement, guarantee, warrant, or recommendation by 4 CMV Fleet Solutions LLC and we make no representation or warranties about any product or service.

5. Merchant and Advertisement Disclaimer

5.1 We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services.

5.2 We are not liable and do not operate or control the products or services offered by these Merchants.

5.3 Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service.

5.4 4 CMV Fleet Solutions LLC is not a party to the transactions entered into between you and Merchants.

5.5 Members that use or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

5.6 All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other

6. License to use the Website6.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) Enter data in; and

(e) Use our website services by means of a web browser,

(f) Utilize the software as a service as your database for storing records.

6.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions.

6.3 You may only use our website and for business purposes, and you must not use our website and database for any other purposes.

6.4 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

6.5 Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].

6.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

7. Acceptable use

7.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of

;

(e) Violate the directives set out in the robots.txt file for our website; or

(f) Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

7.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

7.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

8. Registration and accounts

8.1 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.

8.2 You may register for an account with our website by subscribing and paying the monthly subscription fee.

8.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.

8.4 Membership fees may be changed at any time users will be notified 30 days prior to rate changes.

8.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

8.6 Your are allowed multiple users to the website, however, we strongly recommend each user has his or her own login. It is not required but highly encouraged.

 

9. User login details

9.1 If you subscribe to our software as a service, you will be contacted within one business day to start the onboarding process.  You will receive username and password to log into our customer portal.

9.2 Your user ID must not be used to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

9.3 You must keep your password confidential.

9.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

9.5 You are responsible for all activity on our website including situations rising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

10. Cancellation and suspension of account

10.1 We may:

(a) suspend your account

(b) Cancel your account; and/or

(c) Edit your account details,

with 30 days notice for non-payment.

10.2 You may cancel your account on our website by emailing us at support@4cmvfleetsolutions.com and providing your username and full name and address. You must give 30 days’ cancellation notice to avoid the next reoccurring payment from your account. The cancellations will take effect 30 days past the most recent payment.

10.3 Upon cancellation customers will have 30 days to download and remove all data from our database. We are not responsible to retain any data for the client beyond 30 days after the cancellation takes effect. If the user fails to get all necessary data and requests we do it on their behalf it will be an $85 per hour charge to gather the data, plus additional fees if shipping hard copies is required.

 

11. Your content: license

11.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via,  our website.

11.2 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

11.3 You may edit your content to the extent permitted using the editing functionality made available on our website.

11.4 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we reserve the right to cancel your subscription with 30 day notice. See terms of Cancellation.

12. Your content: rules

12.1 You warrant and represent that your content will comply with these terms and conditions.

12.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

12.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libelous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

13. Limited warranties

13.1 Content Disclaimer The opinions expressed on our Website are not necessarily the opinions of 4 CMV Fleet Solutions LLC. Any Blog content provided by our bloggers are of the blogger’s opinion, and is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.

13.2 We do not warrant or represent:

(a) the completeness or accuracy of the information published or stored on our website;

(b) that the material on the website is up to date or

(c) that the website or any service on the website will remain available.

13.3 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

13.4 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

13.5 We are not liable for any guaranteeing that our website will provide a complete compliance file and will keep fleets in compliance per the Department of Transportation federal regulations for compliance.

14. Limitations and exclusions of liability

14.1 4 CMV Fleet Solutions, LLC is not being liable for any loss or damage arising from legal action, regulatory fines or downgrades of safety ratings for fleets utilizing our website for DOT Compliance. We also are not liable for any loss or damage arising from your failure to comply with password security as discussed herein.

14.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

14.3 To the extent that our website and the information and services on our website is not be liable for any loss or damage of any nature.

14.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

14.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

14.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

14.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

14.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

14.9 We will not be liable for any legal or compliance advice provided by our compliance officers, partners, content managers and advisers in our forums, blogs, via email, or in blogs. You understand that advice given is general advice and is not being represented as legal advice.

14.10 We will not be liable in auto accidents or other incidents or accidents involving use of our website while our members are driving or operating machinery.

15. Breaches of these terms and conditions

15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) Suspend or delete your account on our website.

15.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking. (including without limitation [creating and/or using a different account.

16. Variation

16.1 We may revise these terms and conditions from time to time.

16.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

16.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

17. Assignment

17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

18. Severability

18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. Third party rights

19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

20. Entire agreement

20.1 These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

21. Law and jurisdiction

21.1 These terms and conditions shall be governed by and construed in accordance with federal law.

21.2 Any disputes relating to these terms and conditions shall be subject to the courts of State of Washington.

22. Our details

22.1 This website is owned and operated by 4 CMV Fleet Solutions LLC.

22.2 We are a registered business in the State of Washington and located at 707 S Grady Way Ste 6069, Renton, WA 98057.

22.3 You can contact us:

(a)  Using our website contact form at 4cmvdrivers.com; (c) 855-293-4246 or

(b) support@4cmvfleetsolutions.com

23. Data Security

23.1 Our database is hosted by Zoho.com.

23.2 You can review Zoho security information at zoho.com/security.html.