Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website operated by Fleetscape, Inc. ("Fleetscape," "we," "us," or "our"), a Delaware corporation operating on California’s Central Coast. By accessing or using our website, you agree to these Terms. If you do not agree, please do not use the site.

Please note: these Terms include a binding arbitration agreement and a class-action waiver (see "Arbitration and class-action waiver" below) that affect how disputes between you and Fleetscape are resolved, including by waiving your right to a jury trial and to participate in class actions. You may opt out of arbitration within 30 days.

Use of the website

We grant you a limited, non-exclusive, revocable license to use our website for your personal or internal business purposes. You agree not to misuse the site, including by attempting to disrupt it, gain unauthorized access, scrape or harvest data, infringe our rights, or use it for any unlawful purpose.

Quotes and estimates

Any pricing, quote, or estimate provided through this website or in response to a website inquiry is informational and not a binding offer. Project pricing depends on site conditions, access, materials, scope, and other factors assessed at the property. Any work we perform is governed by a separate written agreement between you and Fleetscape, which controls in the event of any conflict with these Terms.

Communications and text messaging

By providing your contact information, you consent to receive communications from us related to your inquiry and project, including by email, phone, and, where you provide your number, text message. Message and data rates may apply, and you may opt out of texts by replying STOP. See our Privacy Policy for details.

Intellectual property

The website and its contents, including text, graphics, logos, the Fleetscape name and marks, photographs, and design, are owned by or licensed to Fleetscape and are protected by intellectual-property laws. You may not copy, reproduce, distribute, or create derivative works from our content without our prior written permission.

Third-party links and services

Our website may contain links to third-party websites or services that we do not control. We provide these links for convenience only and are not responsible for the content, products, or practices of any third party.

Disclaimers

The website is provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components, or that information on the site is complete, accurate, or current. This section concerns the website only and does not limit any warranty expressly provided in a signed services agreement.

Limitation of liability

To the fullest extent permitted by law, Fleetscape and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or relating to your use of (or inability to use) the website, even if we have been advised of the possibility of such damages. Our total liability for any claim arising out of or relating to the website will not exceed one hundred dollars ($100).

Indemnification

You agree to indemnify and hold harmless Fleetscape and its officers, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of your use of the website or your violation of these Terms.

Arbitration and class-action waiver

Please read this section carefully. It requires most disputes between you and Fleetscape to be resolved by binding individual arbitration, waives your right to a jury trial, and waives your right to bring or participate in a class or representative action. You may opt out within 30 days as described below.

This section is governed by the Federal Arbitration Act and applies to any dispute, claim, or controversy between you and Fleetscape arising out of or relating to these Terms, the website, or your dealings with us through the website (a "Dispute"), except as stated below. It does not apply to any dispute arising out of your employment with, or application for employment with, Fleetscape, which is governed by separate agreements.

Informal resolution first. Before starting an arbitration, you agree to contact us at hello@fleetscape.com, describe the Dispute and the relief you seek, and give us at least 60 days to resolve it informally. If we cannot resolve the Dispute within that period, either of us may begin arbitration.

Agreement to arbitrate. Any Dispute not resolved informally will be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms, before a single neutral arbitrator. The arbitration may be conducted by telephone or video, on written submissions, or in person in the county where you live or another agreed location. The arbitrator has exclusive authority to resolve any Dispute, including the scope and enforceability of this arbitration agreement, except that a court (not an arbitrator) will decide the enforceability of the class-action waiver below. The arbitrator may award the same individual relief a court could and must honor these Terms.

Class-action waiver. You and Fleetscape agree to bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding. If a court decides this class-action waiver is unenforceable as to a particular Dispute, that Dispute (and only that Dispute) will be severed and brought in the courts identified in the "Governing law and venue" section below, and all remaining Disputes will proceed in arbitration.

Your right to opt out. You may opt out of this arbitration agreement and class-action waiver within 30 days after first accepting these Terms by sending written notice to Fleetscape, Inc., 3905 State Street, Ste 7-278, Santa Barbara, CA, or by email to hello@fleetscape.com, stating your name, the email or phone number you used with us, and that you opt out of arbitration. If you opt out, the "Governing law and venue" section will govern any Dispute, and opting out will not affect any other part of these Terms.

Exceptions. Either party may (a) bring an individual claim in small-claims court for any Dispute within that court’s jurisdiction, or (b) seek injunctive or other equitable relief in court to stop the actual or threatened infringement or misuse of intellectual-property or confidential-information rights.

Severability and survival. If any part of this section other than the class-action waiver is found unenforceable, that part will be severed and the remainder of this section will stay in effect. This section survives the end of these Terms and your use of the website.

Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the "Arbitration and class-action waiver" section above, any dispute arising out of or relating to these Terms or the website that is not subject to arbitration will be brought exclusively in the state or federal courts located in Santa Barbara County, California, and you consent to the personal jurisdiction of those courts.

Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the website after changes take effect constitutes acceptance of the updated Terms.

Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of it. These Terms, together with our Privacy Policy and any separate written agreement for services, constitute the entire agreement between you and Fleetscape regarding the website.

Contact us

Questions about these Terms? Contact us at:

Fleetscape, Inc.

3905 State Street, Ste 7-278, Santa Barbara, CA

Email: hello@fleetscape.com

Phone: (805) 849-5050