Terms of Use

Flexi-Van Leasing, LLC
Webservices or Mobile App Terms Of Use
Last Update: September 27, 2021

 

  1. Acceptance of the Terms of Use

These Terms of Use describes how Flexi-Van Leasing, LLC (“Company”, “we”, “us”, or “our”) provides flexivan.com and all other FlexiVan websites (collectively, the “Websites”) and mobile application (“Mobile Apps”), and/or any related services, sales, marketing or events (we refer to them collectively in these Terms of Use as the “Services“) for your use, subject to these Terms of Use and all applicable laws and regulations.   Please read these Terms of Use carefully.  By accessing and/or using the Services, you fully and unconditionally accept and agree to be bound by these Terms of Use, including binding arbitration.

 

  1. Changes to the Terms of Use

Company reserves the right to revise these Terms of Use, so please check back periodically for changes.  Your continued use of the Services following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.  All changes are effective immediately when we post them and apply to use of the Services thereafter.

 

  1. Privacy Policy

We are committed to protecting your privacy.  For more information, you should review our Privacy Policy, which are incorporated into these Terms of Use.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS, BROWSE, DOWNLOAD OR USE THE SERVICES.  IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS OF USE, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.  WE MAY ALSO INFORM YOUR INTERNET SERVICE PROVIDER OF YOUR ACTIVITIES AND TAKE APPROPRIATE LEGAL ACTION.

 

  1. Eligibility

We do not permit individuals under 18 years of age to become registered users of our Services.  By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms of Use and to abide by the terms and conditions of these Terms of Use.

 

  1. Account Security

In connection with your use of certain features of the Services, or for access to non-public areas of the Services, you will be required to complete a registration form.  You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Services will be current, complete and accurate.

As a registered user of the Services, you are entirely responsible for maintaining the confidentiality and use of your user account information.  Further, you are responsible for all activities that occur in connection with your account.  You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within the Services through the use of your username and/or password.  You may not use the account or username of any other member at any time.  You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s user account information.  We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge.  You may also be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account.

 

  1. User’s Service or Product Requests and Transactions

All service or product requests and related transactions made through the Services are subject to Company’s acceptance, which is in our sole discretion.  Without limitation, this means that Company may refuse to accept or may cancel any service or product requests and any related transaction, whether or not the requests or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

 

  1. Use Restrictions

Company maintains the Services for your informational and non-commercial personal use.  The Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Company.  Without limiting the foregoing, you will not (and will not encourage or assist any third party to): (1) use the Services in a commercial manner, including by distributing, transmitting or publishing the Services or any of its content; (2) modify, alter, tamper with, repair or otherwise create derivative works of the Services or any software or technology included in or used or distributed by Company to provide the Service; (3) reverse engineer, disassemble or decompile the Services, or attempt to discover or recreate the source code for the Services; (4) interfere with others’ use of the Services; (5) impair the Service operation or interfere with or disrupt the servers or networks connected to it; (6) infringe or misappropriate Company’s intellectual property rights; (7) frame or otherwise co-brand the Services or any of its content; or (8) use the Services for any illegal purpose.  We reserve the right in our sole discretion to terminate or restrict your use of the Services, without notice, for any or no reason, and without liability to you or any third party.

 

  1. Modification of Services

In our sole discretion and without prior notice or liability, we reserve the right to discontinue, modify, alter or suspend any aspects of the Services at any time. We also reserve the right, in our sole discretion, to impose limits on certain features and services.  You agree that we will not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Services.

 

  1. External Links to Other Websites or Mobile Apps

From time to time, the Services may include links to third-party website or mobile apps. These links are provided for your convenience only.  Company does not control or take responsibility for the content or privacy policies of any linked website or mobile app, or availability of any such linked website or mobile app.  The inclusion of links to third-party website or mobile apps does not constitute Company’s endorsement of any such website or mobile app.

 

  1. Consent to Receive Electronic Communications from Company
  • Legal Communications. We may send the following to you by email or posting them on the Website and/or the Mobile App: these Terms of Use, Privacy Policy and other notices, legal communications or disclosures and information related to the Services. Such communications are part of the Services which you cannot opt out of receiving.
  • Service Announcements. In using the Services, you may receive periodic electronic communications from Company regarding the Services, such as new product offers and other information regarding the Website and/or the Mobile App, which are part of the Services and which you cannot opt out of receiving.
  • Promotional Communications. You may also receive periodic promotions and other offers or materials Company believes might be of interest to you.  You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each message; or (b) changing the messaging preferences in your account.
  • Withdrawing Your Consent. If you later decide that you do not want to receive future communications electronically, please email us at support@flexivan.com (Subject: Email Subscription) or send a letter to Flexi-Van Leasing, LLC, Attention: Customer Service, 7320 E. Butherus Drive, Suite 201, Scottsdale, AZ 85260.  To the extent you have agreed to accept cookies, you may also be able to change your subscription preference by visiting https://flexivan.com/subscription-preferences/.  Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above.  Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal.  If you withdraw your consent to receive Communications electronically, we may terminate your account and/or access to the Service (or any part thereof).

 

  1. Intellectual Property

Our Services contain contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, “Content”) that are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content.  Any other use of the Content is strictly prohibited, unless you have our prior written permission.  The Services may also contain content that is owned by third parties, including our partners and advertisers.  You may use such third-party content only as expressly authorized by the applicable owner.  All requests for permission to reprint or make any other use of the Content should be addressed to Attention: Marketing Department, at support@flexivan.com.  Company does not warrant that your use of materials displayed on or linked to the Services will not infringe the rights of third parties.  No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Company.  Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

  1. Trademarks

The “FlexiVan”, “Flexi-Van”, “Flexi-Van Leasing”, “ChassisNow”, “ChassisNow Intermodal Chassis”, “Smart Chassis”, “AIM American Intermodal Management”, “AIM”, “FlexiVan Powered by AIM360”, “AIM360” and “FlexiDay” are included in the family of trademarks and service marks owned by Company (this is not an all-inclusive list of Company’s trademarks and service marks).  Trademarks and service marks designated with the ® symbol are registered with the U.S. Patent and Trademark Office and with numerous foreign countries.  Other trademarks and service marks belonging to Company may be designated with the “SM” or “TM” symbols.  You must not use such marks without the prior written permission of Company.

All other names, logos, product and service names, designs and slogans on the Website or Mobile App are the trademarks of their respective owners.  All other brands, trademarks and names not owned by Company that appear on the Services are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Company.

 

  1. Claims of Copyright Infringement

We respect the intellectual property of others.  We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use the Services (or any part thereof) who infringes the intellectual property rights of others.  The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe that materials posted on the Services violate your intellectual property rights, please contact Company at Legal Department, 7320 E Butherus Dr, Suite 201, Scottsdale AZ 85260 or legal@flexivan.com.  Please include: (i) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner; (ii) identification of the copyrighted work claimed to have been infringed; (iii) a description of where the material is located on the Services;(iv) your name, mailing address, telephone number and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

 

  1. User Contributions

While Company does not claim ownership of the materials you provide to Company (including your feedback, comments, information or ideas) or post, upload, input or submit to any Company Website or Mobile App or its associated services (collectively, “Submissions”), Company is free to use any and all Submission you may send to us, without compensation, acknowledgment or payment to you, for any purpose whatsoever, including, but not limited to, developing, providing and marketing products and services and creating, modifying or improving the Services or other products or services.

 

  1. Disclaimer of Warranties

While We use our reasonable efforts to maintain the accuracy and reliability of the Services, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Services or for problems with its operation.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, MOBILE APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR MOBILE APP, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Your access and use of the Services are at your own risk.  Without limiting the foregoing, THE SERVICES, THEIR CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE AND/OR MOBILE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES, ANY INFORMATION PROVIDED BY THE SERVICES OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICES.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Services or your violation of any law or the rights of any person.

 

  1. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Phoenix and County of Maricopa, the State of Arizona.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

  1. Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

 

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  1. Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

  1. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and FLEXI-VAN LEASING, LLC with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

 

  1. CONTACT US

If you have any questions about these Terms of Use, please contact us at support@flexivan.com.