Last Modified: 18 May 2021
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Please read this Arbitration Agreement (as defined below) carefully. It is part of your contract with FleetCor and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company, 40 Technology Parkway South, Suite 300, Norcross, GA, 30092. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, FleetCor will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor FleetCor is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in Section 3 (Governing Law and Jurisdiction) above.
All content, products, and services on the Sites, or obtained from a Linked Site, are provided to you “as is” and “as available” without warranty of any kind either express or implied. WE EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY.
FleetCor does not endorse and is not responsible for: (a) the accuracy or reliability of any opinion, advice, or statement made through the Site by anyone; (b) any content provided on Linked Sites; or (c) the capabilities or reliability of any product or service obtained from a Linked Site.
Other than as required under applicable law, under no circumstance will FleetCor be liable for any loss or damage caused by a user’s reliance on information obtained through a Site or a Linked Site, or a user’s reliance on any product or service obtained from a Linked Site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice, or other content available through the Site or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
The information, software, products, and descriptions of services published on the Site or a Linked Site may include inaccuracies or typographical errors, and FleetCor specifically disclaims any liability for such inaccuracies or errors. FleetCor does not warrant or represent that the content on the Site is complete or up to date. FleetCor is under no obligation to update any content on the Site. FleetCor may change the content on the Site at any time without notice. FleetCor may make improvements or changes to the Site at any time.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, You agree that FleetCor, its affiliates, and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service(s), or lost opportunity) arising out of or in connection with the use of the Site or a Linked Site, or with the delay or inability to use the Site or a Linked Site, even if FleetCor is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. FleetCor cannot and does not guarantee continuous, uninterrupted, or secure access to its Sites.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO US FOR THE PRODUCT AT ISSUE IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR A SERVICE OR PRODUCT, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (i) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (ii) FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
FleetCor hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental our indirect damages, in connection with the goods or services provided by any service provider, carrier, or other supplier through the Site, including without limitation liability for any act, error, omission, injury, loss, accident, delay, or irregularity which may be incurred through the fault, negligent or otherwise, of such service provider, carrier, or other supplier, and you hereby exonerate FleetCor from any liability with respect to the same.
The trademarks, logos, service marks, slogans, and designs (“Marks”) displayed on the Site are the property of FleetCor and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or Sites on the World Wide Web without written permission.
All information and content, including any software programs available on or through the Site (“Content”), is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes.
The Sites may provide links to other websites or digital properties by allowing the user to leave this Site to access third-party material or by bringing the third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). FleetCor has no discretion to alter, update, or control the content on a Linked Site. The fact that FleetCor has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the Internet. FleetCor urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
FleetCor prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. FleetCor reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet Sites Linked to the Site is at the user’s own risk.
User should be aware that Linked Sites may contain terms and conditions, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. FleetCor is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Postings by a user on any message board or in any chat room will not be protected as confidential or proprietary, and FleetCor may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company and affiliates for any purpose whatsoever and as deemed appropriate by FleetCor. By posting to a Site, you grant FleetCor and its affiliates an irrevocable, perpetual, sublicensable license and right to use, reproduce, modify, perform, publicly display, distribute, and otherwise fully exploit for any benefit and disclose to third parties any such material.
User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. FleetCor is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
FleetCor is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, FleetCor may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:
o Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law.
o Advertisements or solicitations of any kind.
o Blog postings posted by users impersonating others.
o Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
o Messages by non-spokesperson employees of FleetCor purporting to speak on behalf of FleetCor or containing confidential information or expressing opinions concerning FleetCor.
o Messages that offer unauthorized downloads of any copyrighted or private information.
o Multiple postings placed within individual articles by the same user restating the same point.
o Chain letters of any kind.
User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. FleetCor is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Your dealings or correspondence with, or participation in promotions of, affiliates found on or through the Site (including, without limitation, payment and delivery of related products or services, and any other terms, conditions, representations, or warranties associated with such dealings or correspondence) are solely between you and such affiliates. FleetCor makes no representations or warranties with respect to any promotion content of, or any products or services that may be obtained from, such affiliates. You agree that FleetCor will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between you and such affiliates, (b) content, products or services of such affiliates, or (c) the presence of such affiliates on the Site.
In consideration for use of the Site, you agree to: (a) provide accurate, true, current, and complete information about your company as requested by the registration screens, and (b) to maintain and update this information to keep it accurate, true, current, and complete. As a convenience, a profile for you may be created for access to password protected and/or secure areas of the Site based on the registration information that you provide to us.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You agree to protect the confidentiality of your user identification and passwords, and to be responsible for any unauthorized use.
Certain information on this Site contains certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe,” “expect,” “anticipate,” “optimistic,” “intend,” “aim,” “will,” or similar expressions are intended to identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. FleetCor undertakes no obligation to update publicly or revise any forward-looking statements.
All press releases and other materials presented or released to the financial and/or fleet communities that are contained on the Site were, to the best of FleetCor’s knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. FleetCor has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Sites.
FleetCor avails itself of the protections under the terms of the Digital Millennium Copyright Act (the “Act”). FleetCor reserves the right to remove any Content on the Site which allegedly infringes another person’s copyright. Notices to FleetCor regarding any alleged copyright infringement on the Site should be directed to FleetCor’s General Counsel’s Office Attn.: Privacy Counsel at privacy@FleetCor.com.