These Terms of Use ("Terms") are a binding contract between you and Standard Fleet, Inc. ("Standard Fleet," "we," "us," or "our"). These Terms govern your access to and use of the website located at standardfleet.com and any subdomains, subpages, and successor sites (collectively, the "Site").
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Site.
These Terms govern website use only. Standard Fleet’s fleet management platform, including any Standard Fleet software or services accessed through a login-protected platform (the "Platform"), is governed by the applicable end user license agreement between Standard Fleet and the fleet customer, and any commercial agreements between Standard Fleet and the fleet customer, reseller, or other counterparty. These Terms do not modify or supersede any such separate agreement.
If you are accessing or using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and the words "you" and "your" refer to both you individually and that entity.
"Content" means all text, images, graphics, video, audio, software, data, and other materials made available on or through the Site.
"Site" has the meaning given in Section 1.
"User" means any person or entity that accesses or uses the Site.
"User Submission" means any information, content, or material you submit to the Site or to Standard Fleet through the Site, including through contact forms, newsletter or email subscriptions, demo requests, job application materials, feedback, and any other communication or material you provide.
Subject to your compliance with these Terms, Standard Fleet grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal or internal business purposes. No other rights or licenses are granted, whether by implication, estoppel, or otherwise. All rights not expressly granted by Standard Fleet are reserved.
You agree not to, and not to permit any third party to:
(a) access or use the Site in any manner that could damage, disable, overburden, or impair the Site, interfere with any other party’s use of the Site, or compromise the security of the Site;
(b) use any robot, spider, scraper, crawler, or other automated means to access the Site, collect information from the Site, or extract data from the Site, except for search engine indexing in accordance with the Site’s robots.txt or similar directives;
(c) attempt to gain unauthorized access to any portion of the Site, any Standard Fleet systems or networks, or any accounts or credentials associated with the Site;
(d) reverse engineer, decompile, disassemble, or attempt to derive the source code of any software used to operate the Site;
(e) remove, obscure, or alter any proprietary notices, including copyright, trademark, or other intellectual property notices, on the Site or in any Content;
(f) use the Site to transmit any virus, worm, malware, or other malicious code or to engage in any denial-of-service attack or similar activity;
(g) use the Site in violation of any applicable law or regulation or to engage in any activity that is fraudulent, deceptive, harassing, or tortious;
(h) use the Site to impersonate any person or entity or to misrepresent your affiliation with any person or entity;
(i) use the Site to harvest, collect, or compile information about other Users;
(j) frame, mirror, or otherwise embed any portion of the Site in another website or service without Standard Fleet’s prior written consent; or
(k) use the Site or any Content to train, develop, or improve any artificial intelligence or machine learning model without Standard Fleet’s prior written consent.
The Site, all Content, and all underlying technology are owned by Standard Fleet or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws. "Standard Fleet" and the Standard Fleet name and logo are trademarks of Standard Fleet. All other trademarks, service marks, and trade names referenced on the Site are the property of their respective owners.
Subject to your compliance with these Terms, you may temporarily download and print one copy of any Content for your personal, non-commercial reference use, provided that you do not modify the Content and you retain all copyright, trademark, and other proprietary notices. Any other use of Content, including reproduction, distribution, modification, public display, or public performance, requires the prior written consent of Standard Fleet or the applicable rights holder.
Nothing in these Terms grants you any right, title, or interest in any Standard Fleet intellectual property except as expressly set forth in Section 3.
You are solely responsible for any User Submission. You represent and warrant that (a) you have all rights necessary to submit the User Submission; (b) the User Submission does not infringe or violate any third-party right, including any intellectual property, privacy, or publicity right; (c) the User Submission complies with applicable law; and (d) the User Submission is accurate and not misleading.
By submitting a User Submission, you grant Standard Fleet a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, create derivative works of, publish, display, perform, distribute, and otherwise exploit the User Submission for any lawful purpose, including responding to your submission, developing and improving products and services, and internal business purposes. This license survives termination of these Terms.
You acknowledge that Standard Fleet has no obligation to maintain the confidentiality of any User Submission unless expressly stated otherwise at the time of submission or required by applicable law. Notwithstanding the foregoing, personal information included in any User Submission is handled in accordance with Standard Fleet’s Privacy Policy.
Standard Fleet respects the intellectual property rights of others and expects Users to do the same. If you believe that material accessible on or through the Site infringes your copyright, you may notify Standard Fleet in accordance with the procedures set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA").
7.1 Notices of claimed infringement
A notice of claimed copyright infringement must be submitted in writing to Standard Fleet’s designated copyright agent and must include substantially the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
(c) identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Standard Fleet to locate the material;
(d) information reasonably sufficient to permit Standard Fleet to contact the complaining party, including an address, telephone number, and, if available, email address;
(e) a statement that the complaining party has 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
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7.2 Designated copyright agent
Notices of claimed copyright infringement should be directed to Standard Fleet’s designated copyright agent:
Standard Fleet, Inc.
Attn: Copyright Agent
214 Grant Avenue, Suite 325
San Francisco, California 94108
Notices that do not substantially comply with the requirements of Section 7.1 may not be effective, and Standard Fleet may disregard them.
7.3 Counter-notices
If you believe that material posted by you was removed or disabled in error or misidentification, you may submit a counter-notice to Standard Fleet’s designated copyright agent at the address above. The counter-notice must include substantially the following information:
(a) your physical or electronic signature;
(b) identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which Standard Fleet may be found, and that you will accept service of process from the complaining party or an agent of the complaining party.
7.4 Repeat infringer policy
It is Standard Fleet’s policy, in appropriate circumstances and at its sole discretion, to disable or terminate the access of Users who are repeat copyright infringers.
The Site may contain links to third-party websites, applications, or services, or may make reference to third-party products or services. Standard Fleet does not endorse and is not responsible for any third-party website, application, service, product, or content. Any access to or use of a third-party website, application, or service is at your own risk and is subject to the terms, conditions, and privacy practices of the applicable third party.
Standard Fleet’s collection, use, and disclosure of personal information in connection with the Site is governed by Standard Fleet’s Privacy Policy, available at https://www.standardfleet.com/privacy-policy. The Privacy Policy is incorporated into these Terms by reference.
THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STANDARD FLEET AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, STANDARD FLEET DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT; OR THAT ANY DEFECTS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.
Some jurisdictions do not allow the exclusion of certain warranties. If any such law applies to you, some or all of the above exclusions may not apply, and you may have additional rights.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STANDARD FLEET OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE OR THESE TERMS, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF STANDARD FLEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STANDARD FLEET’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS (US$100).
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH ANY CLAIM IS BASED, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. If any such law applies to you, some or all of the above limitations may not apply, and you may have additional rights.
You agree to defend, indemnify, and hold harmless Standard Fleet and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your access to or use of the Site; (b) any User Submission you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or regulation or any third-party right. Standard Fleet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Standard Fleet’s defense of that matter.
These Terms apply from the first time you access or use the Site and continue until terminated as set forth in this Section 13.
Standard Fleet may suspend or terminate your access to the Site at any time, with or without notice, for any reason or no reason, including if Standard Fleet determines that you have violated these Terms.
Upon termination, your license under Section 3 terminates immediately, and you must cease all access to and use of the Site. Any provision of these Terms that by its nature is intended to survive termination (including Sections 5, 6, 7, 10, 11, 12, 14, 15, and 16) survives termination.
Standard Fleet may update these Terms from time to time. Updated Terms will be posted on the Site with a revised "Last Updated" date. Your continued access to or use of the Site after the effective date of updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, do not continue to access or use the Site.
15.1 Governing law
These Terms and any dispute arising out of or relating to these Terms or your access to or use of the Site are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.2 Informal resolution
Before filing a claim, you agree to attempt to resolve any dispute informally by contacting Standard Fleet at support@standardfleet.com. Standard Fleet and you agree to use good faith efforts to resolve the dispute within thirty (30) days of written notice. If the dispute is not resolved within that period, either party may proceed to arbitration under Section 15.3.
15.3 Binding arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your access to or use of the Site that is not resolved through informal resolution will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration will be conducted in San Francisco, California, or such other mutually agreed location, in the English language, before a single arbitrator. The arbitrator’s decision will be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
15.4 Class action waiver
You and Standard Fleet agree that any dispute will be resolved only on an individual basis, and not as a plaintiff or class member in any class, consolidated, or representative action or proceeding. The arbitrator may not consolidate more than one party’s claims and may not preside over any form of representative or class proceeding. If this class action waiver is held unenforceable with respect to any claim, that claim will be severed from the arbitration and resolved in court, and the remaining claims will proceed in arbitration.
15.5 Exception for intellectual property and equitable relief
Notwithstanding the arbitration provisions above, either party may bring an action in a court of competent jurisdiction for injunctive or other equitable relief to protect its intellectual property rights or to prevent unauthorized access to the Site.
15.6 Opt-out
You may opt out of the arbitration and class action waiver provisions in this Section 15 by sending written notice to Standard Fleet at Standard Fleet, Inc., Attn: Legal, 214 Grant Avenue, Suite 325, San Francisco, California 94108, within thirty (30) days of your first access to the Site. Your opt-out notice must include your name, address, and the date of your first access to the Site and must state that you are opting out of arbitration.
16.1 Entire agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Standard Fleet regarding your access to and use of the Site and supersede all prior agreements and understandings between the parties regarding that subject matter.
16.2 Severability
If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed from these Terms, and the remaining provisions will continue in full force and effect.
16.3 Waiver
Standard Fleet’s failure to enforce any provision of these Terms is not a waiver of its right to enforce that provision or any other provision in the future. No waiver is effective unless in writing and signed by an authorized representative of Standard Fleet.
16.4 Assignment
You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without Standard Fleet’s prior written consent. Any attempted assignment without such consent is void. Standard Fleet may assign or transfer its rights and obligations under these Terms without restriction.
16.5 No third-party beneficiaries
These Terms do not create any third-party beneficiary rights.
16.6 Relationship of the parties
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Standard Fleet.
16.7 Force majeure
Standard Fleet is not liable for any delay or failure in performance caused by events or conditions outside its reasonable control, including acts of God, labor disputes, internet or network failures, and governmental actions.
16.8 Notices
Notices to Standard Fleet must be sent to Standard Fleet, Inc., Attn: Legal, 214 Grant Avenue, Suite 325, San Francisco, California 94108, or to legal@standardfleet.com. Notices are effective when actually received.
Questions about these Terms may be directed to:
Standard Fleet, Inc.
Attn: Legal
214 Grant Avenue, Suite 325
San Francisco, California 94108
legal@standardfleet.com