Flexi-Van Leasing, LLC
Last Update: September 27, 2021
- 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.
- 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.
- 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.
- 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.
- 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.
- Consent to Receive Electronic Communications from Company
- 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 CustomerSupport@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).
- 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.
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.
- 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 email@example.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.
- 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.
- 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.
- 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.
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.
- Governing Law and Jurisdiction
- Limitation on Time to File Claims
- Waiver and Severability
- Entire Agreement
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