Description of Service

FSM App is a web-based fleet maintenance tracking application (the "Service") provided by The Service Providers (see below). Your use of The Service is at your sole risk. The Service is provided on an AS IS and AS AVAILABLE basis. You understand that your content may be transferred unencrypted over the Internet.

Service Providers

The Service Providers that provide the aforementioned Service are PR Software Services Demo (which provides the actual fleet maintenance services and finances The FSM App Service) and PR Software Services (the technology provider).

Acceptance

By using the FSM App services (the "Service"), you agree to be bound by these TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by The Service Providers and you.

The Service Providers may, in their sole discretion, modify or revise the TOS at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOS at any time at this link: Terms of Service.

Eligibility

While you must be a customer of PR Software Services Demo in good standing, The Service Providers retain the sole right at their discretion to make the Service available to you. If so approved, you must provide all information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. The Service Providers reserve the right to refuse The Service to anyone at any time without notice for any reason.

Proper Use

You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

• use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by The Service Providers;
• use the Service for any fraudulent or inappropriate purpose;
• resell, duplicate, reproduce or exploit any part of the Service without the express written permission of The Service Providers;
• use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.

Payment Terms

The Service Providers may charge a fee for your use of the Service. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

Modification to Fees and Services

The Service Providers reserve the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. The Service Providers reserve the right to require or change Service fees upon 30 days notice. Such notice may be provided at any time by posting the changes to the Service itself.

Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by written notification to The Service Providers. If fees are paid for the Service, there will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your Content may be immediately deleted from the Service upon cancellation. The Service Providers may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

Intellectual Property Rights

You acknowledge that The Service Providers -- as agreed among themselves -- own all rights, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Service Providers claims no intellectual property rights over the material you provide to the Service.

API Terms

You may access your Service account data using the Service API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses the Service Site, is bound by these Terms of Service plus the following specific terms:

• You expressly understand and agree that The Service Providers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Service Providers has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
• Abuse or excessively frequent requests to the Service Site via the API may result in the temporary or permanent suspension of your account’s access to the API. The Service Providers, in their sole discretion, will determine abuse or excessive usage of the API. The Service Providers will make a reasonable attempt via email to warn the account owner prior to suspension.

The Service Providers reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Warranties and Liability

The Service Providers explicitly do not warrant that:

1. the Service will meet your requirements or expectations,
2. the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
3. bugs or errors will be corrected,
4. the mathematical calculations performed by the Service are accurate.

The Service is provided to you strictly on an "AS IS" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that The Service Providers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Service Providers has been advised of the possibility of such damages), resulting from your usage of the Service.

Indemnification

You agree to hold harmless and indemnify The Service Providers, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, The Service Providers will provide you with written notice of such claim, suit or action. The failure of The Service Providers to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and The Service Providers and govern your use of the Service, superceding any prior agreements between you and The Service Providers (including, but not limited to, any prior versions of the TOS). If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact The Service Providers at PR Software Services Demo.