EFFECTIVE NOVEMBER 5, 2020

Welcome to BizFleets. These Terms of Service are the legal contract between BizFleets LLC (“BizFleets”, “us”, “we”, or “our”), and you (“you”, “your”, or “user”), as the user of BizFleets.com (the “Site”). Contact us at info@BizFleets.com if you have questions about these Terms of Service.

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PRELIMINARY LEGAL TERMS.

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Entire Agreement. These Terms and Conditions and the Privacy Policy, including updates and modifications (collectively, the “Agreement”) constitute the entire agreement between BizFleets and you. This Agreement may be updated and modified by BizFleets from time to time without your consent and without advance notice. You may be notified of significant modifications when you visit the Site or log on. You should review the Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement. If you do not accept the modifications to the Agreement, your sole remedy is not to use the Service or the Site.

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Age. You must be at least 18 years of age to enter into a contract with BizFleets. Persons under the age of 13 years are never permitted to use the Service or the site.

 

Content; Processing.

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You will need to provide information (the “Content”) to access certain features of the Site and to use the Service. You agree that you will (i) be the only person providing Content and engaging in transactions through the Site, and (ii) immediately notify BizFleets of any suspected breach of security or unauthorized use of your Content or the Site. You must notify us immediately upon becoming aware of any material change in the Content you have provided through the Site.

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The Content required to use the Service includes your name, address, purchase-related information, contact information, email address, age, proof of eligibility, and any other requested information. If information is marked as optional, you are not required to provide it. All Content you provide BizFleets must be accurate and complete. Content that is incorrect, incomplete, illegible, or misrepresented may render the application invalid.

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The Service is not transferable or sublicensable to third parties. You obtain no ownership rights in the Service. Instead, you are given a license to use our Site according to the terms of this Agreement and our other policies.

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BizFleets reserves the right to review and approve all offers and modify or withdraw any promotions extended through the Site or the Service at any time for any reason.

Compensation, or other incentives offered by third parties through the Site, will be issued in U.S. dollars and, unless otherwise specified, will either be direct deposited by the applicable Financial Institution into your checking and/or savings account with such Financial Institution or paid to you directly by the applicable Financial Institution.

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Suspension of Service. Use of the Service is a privilege and not a right. BizFleets may suspend, deactivate, or limit or disable access to the Service, as set forth in this Agreement.

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Content & Your Use.

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• You are solely responsible for the Content and your use of the Service and Site. With respect to the Content, you represent and warrant:

• The Content is your data and you are not using information from others in conjunction with the Site and Service.

• The Content does not contain personally identifiable information about a child under the age of 13 years.

• The Content will not include another person’s personal information without his or her permission.

• The Content does not result from unlawful activities.

• The Content does not include any confidential information of a third party.

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If you breach any of these Content restrictions, or any other obligations or representations in the Agreement, we can terminate or suspend your use of the Site and Service in our sole discretion. Further, fraudulent submissions through the Site or Service could result in your prosecution under U.S. Mail Fraud Statute (18 U.S.C. Sections 1341–1342).

License to Use Your Content; Release.

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BizFleets and its affiliates may use the Content provided as set forth in BizFleets’ Agreement. Your use of the Site and the Service grants BizFleets a non-exclusive, fully-paid, perpetual, royalty-free, world-wide, transferable license to display, distribute, store, transmit, reproduce, modify and otherwise use and reuse all or part of your Content. By way of example, if a BizFleets customer, potential customer, or strategic partner (“Client”) is interested in content gathered by us through the Site, including Content you may have submitted through use of the Service, BizFleets may provide to such Client the information that BizFleets has collected if (i) the information is aggregated and de-identified (a third party would not be reasonably expected to be able to identify you from the information) (ii) the Client and BizFleets have entered into a confidentiality or similar agreement or (iii) the information is otherwise provided in accordance with the Site’s Privacy Policy. For additional details on how we may use the Content, please refer to our Privacy Policy. BizFleets is also permitted to use your Content or derivatives thereof for marketing purposes. This grant is for all formats, platforms, devices, modes of transmission, methods of delivery, and media now known or later developed.

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You may terminate the license you have granted to BizFleets by removing or deleting (or writing to BizFleets to remove or delete) your Content. Copies of your Content may remain on BizFleets’ and/or its service providers’ servers until the Content is overwritten or otherwise deleted.

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The contributors of content, including you and your Content, retain ownership of their intellectual property rights of such content. Further, BizFleets retains ownership of its trademarks, copyrights and other intellectual property, as do BizFleets Clients and users. Nothing in this Agreement transfers ownership of such rights.

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Conduct and Activity at the site.

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BizFleets Intellectual Property. BizFleets and/or its licensors retain ownership of all intellectual property rights relating to BizFleets, the Site, and the Service, including software, text, images, graphics, logos, user interface, videos, and other information displayed through the Site or Service. You are authorized to use BizFleets materials only as expressly authorized at the point of interacting with such materials.

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Integrity of the Site. You agree not to take any action to harm BizFleets, interfere with operation of the Site, access its underlying technology, copy its underlying technology, or copy Content. You agree not to use any automated system (including, but not limited to, crawlers, robots, bots, spiders, extractors, etc.) at the Site; circumvent, disable or otherwise interfere with security-related features or digital rights management functions at the Site; or hack, reverse engineer, or disable any technology at the Site. You agree not to use the Site or information gathered at the Site for advertising purposes, or to send unsolicited communications. In your use of the Site, including the input or access of Content, you agree to comply with all applicable laws.

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Third Parties. The Site may contain links to third party websites that are not owned or controlled by BizFleets. BizFleets does not control the content, privacy policies, or practices of any third-party websites or applications, so you agree to review the terms of service, including privacy policies, of such third-parties. BizFleets is not responsible for your use or misuse of any third-party applications or websites.

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No Warranty; limitation of liability; indemnification.

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No warranty. The site and service are provided “as is,” with no warranties whatsoever, either express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose.

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Limitation of Liability for Damages.

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To the maximum extent permitted by law, in no event shall BizFleets be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from this agreement, activity at the site, interaction with the service, actions regarding your content, or actions regarding third parties (including, without limitation, financial institutions), regardless of the theory of liability, including express contract, implied contract, negligence, warranty, or misrepresentation, and whether or not BizFleets is advised of the possibility of such damages.

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As used in this section, “BizFleets” includes BizFleets, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and Clients.

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Because some jurisdictions do not allow the exclusion or limitation of certain types of damages, the liability of BizFleets, its officers, directors, employees, affiliates, agents, licensors, clients, and suppliers in such jurisdictions shall be limited to the fullest extent permitted by law.

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If you are a California resident, you waive California civil code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

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Indemnification; Cooperation.

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You acknowledge that your use of the Site and Service is based upon the truth of the promises, statements, and representations made by you in this Agreement. By accepting this Agreement and using the Site and/or Service, you indemnify, hold harmless, and agree to defend BizFleets against all damages, losses, judgments, penalties, expenses, costs, and fees (including reasonable attorneys’ fees) incurred by, or awarded or assessed against BizFleets in connection with any third party (including any Financial Institution, as well as domestic or foreign governments or agencies) assertion inconsistent with the promises, statements, representations, and warranties. This obligation extends to BizFleets, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, and Clients.

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In addition to the obligation of indemnification, above, you agree to use your best efforts to assist BizFleets in the investigation and resolution of any third-party claim or assertion inconsistent with your representations and warranties. You agree to provide such assistance promptly upon receipt of notice from BizFleets of such claim or assertion and at no charge.

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Termination of Service; Termination of Agreement.

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In the exercise of its discretion, BizFleets may suspend or terminate the Service, remove or limit access to Content, or limit Service to which a user has access. BizFleets may take such actions with or without prior notice to you and without liability to you.

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In the exercise of your discretion, you may cease using the Service or the Site or delete Content. You may take such actions with or without prior notice to BizFleets and without any liability for such cancellation to BizFleets. If you notify BizFleets of your decision to cease using the Service, BizFleets shall take reasonable steps to block access to and delete your Content. This is your sole remedy in the event you are dissatisfied with BizFleets or the Service.

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Any terms involving ownership, licenses, disclaimers, indemnification obligations, limitations of liability, or other terms which by their nature are intended to survive termination of the Agreement shall survive such termination.

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GENERAL LEGAL TERMS.

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The Site and Service are located in and Delivered from Florida. This Agreement is executed (signed) and performed in Jupiter, Florida. You acknowledge that the Site is made available from and is based in, and the Service is provided from, Jupiter, Florida, USA. The Site shall be deemed a passive website that does not give rise to personal jurisdiction over BizFleets, either specific or general, in jurisdictions other than Michigan. You agree that this Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. You further agree that any claim or dispute between you and BizFleets that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Palm Beach County, Florida.

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No Implied Waiver. No waiver by BizFleets shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of BizFleets.

Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.

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Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one year after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.

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International Considerations. BizFleets makes no representations that the Site or Service is appropriate or available for use in locations other than the United States. Those who access or use the Site or use the Service from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.

Assignment. BizFleets may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party. You may not assign or transfer any rights with respect to the Service.

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Notices. The Services are offered by BizFleets: 1000 N US Hwy 1, #704, Jupiter, FL, 33477 or email: info@BizFleets.com. BizFleets may provide you with notices, including those regarding changes to the Agreement or other terms, by email, first class mail, or postings to the Site. Notice is deemed given upon the earlier of (i) actual receipt, (ii) twenty-four (24) hours after an email is sent, (iii) three (3) days after first class mail is deposited with the US postal service, or (iv) thirty (30) days after a notice is posted to the Site.

Entire Agreement. This Agreement (including the documents referenced in Section 1, above) is the entire agreement between you and BizFleets relating to the stated subject matter. It can be modified by the parties in writing signed by both parties, or by a change to these terms as expressly set forth in this Agreement.

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Nature of Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement does not create any right that may be enforced by a third party.

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California Users and Residents. By the terms of California Civil Code Section 1789.3, any and all comments, questions or concerns can be addressed and sent to us via certified mail to: BizFleets, 2313 Pond Vallee Road, Oakland, MI 48363. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.8557230500