MAGAFLEET
TERMS OF SERVICE
(Version 1.0)
The following Terms & Conditions (the “Terms”) govern your use of the websites, mobile applications, products, hardware, tools, and services offered by MAGAfleet LLC (the “Products”). By accessing or using any of the Products, you acknowledge that you have read, understood, and agree with these Terms, which are a binding agreement between you and MAGAfleet, Inc. (“MAGAFLEET”). As used in these Terms, “you” refers to any individual or business entity using any of the Products.
If you do not accept these Terms, do not use any of the Products.
Changes to Terms
MAGAfleet reserves the right to update these Terms at any time for any reason. The version of these Terms currently posted on the MAGAfleet website supersedes any previous versions. MAGAfleet encourages you to periodically review the Terms to stay informed of your obligations to MAGAfleet.
Privacy
MAGAfleet may collect certain personal information such as your name, email address, date of birth, tax identification number, billing and shipping addresses, phone number, credit card number, and other financial information. Protecting the privacy of this information is very important to MAGAfleet. Please review the MAGAfleet Privacy Policy to better understand MAGAfleet’s commitment to maintaining your privacy, MAGAfleet’s use and disclosure of this information, and your responsibilities as a user of the Products.
Security
We are committed to protecting the personal information you share with MAGAfleet. You are responsible for keeping your personal login Information safe and for keeping your mailing and email addresses current in your Account Profile. MAGAfleet will never ask for your account password but may ask for your username or other personal information to verify your identity.
Hardware Devices
MAGAfleet offers several different hardware devices (the “Devices”). Each of these Devices is subject to both the general provisions of these Terms and the specific provisions in this section. MAGAfleet reserves the right to modify, discontinue, or suspend access to any Device at any time. In its sole discretion, MAGAfleet may also require you to enter into a specific agreement for a certain number of years to maintain access to a Device.
Most of MAGAfleet’s Products require an upfront hardware payment plus a monthly/ quarterly/ yearly non-refundable subscription plan. MAGAfleet, in its sole discretion, may offer customers the opportunity to make certain hardware payments in installments.
You are solely responsible for driving safely and observing all traffic laws. Do not use any Device while driving. MAGAfleet is not responsible for any damage that results from unsafe driving.
Online Purchases
All purchases of the Products—whether placed through the MAGAfleet website, the MAGAfleet customer service phone line, or any other means—are governed by these Terms. You agree that your order is an offer to buy and that MAGAfleet may choose not to accept that offer for any reason. Terms of payment remain within MAGAfleet’s sole discretion. The subscriptions are billed at the start of each subscription period. The subscriptions must be paid in advance and are non-refundable. All subscriptions using a leased device will remain active until leased devices are returned or lost device fee is paid. MAGAfleet provides options for monthly, quarterly, and annual terms. Changes to subscription terms cannot be made during an active subscription. Any requests to modify the term duration must be submitted in writing and will be approved at MAGAfleet's discretion.
When you place an order, you warrant that: (1) the credit card information you provide is accurate; (2) you are authorized to use the credit card for the purchase; (3) charges you incur will be honored by your credit card company; and (4) you will pay any additional charges incurred by you, including shipping and handling charges and all applicable taxes. You are responsible for all shipping and handling charges on any returned items, and you bear the risk of loss during all shipments.
Malfunction or Replacement device
MAGAfleet warrants to Customer that any Hardware shall be free of defects in materials and workmanship, for the duration of the applicable Warranty Period.
If the Hardware fails to conform to this Limited Hardware Warranty during the Warranty Period, MAGAfleet will, at its discretion, (i) repair or replace any defective Hardware or component or (ii) if the Hardware is no longer available and repair is not possible, refund the purchase price less reasonable depreciation based on actual use.
MAGAfleet will provide a replacement Bluetooth ELD device free of cost if there is any non-physical damage. This only applies to our current Bluetooth ELD Customer is responsible to return the faulty/malfunction device back to MAGAfleet with no physical damage. Failing to do so in the next 30 days, will result in the penalty of $150 per device. Customers will bear any shipping and handling charges to return the device in good condition.
International Use
The Products are designed for use in the United States and are controlled, operated, and administered by MAGAfleet from within the United States. If you use any Product outside the United States, you are solely responsible for complying with all relevant local laws.
Indemnification
You agree to indemnify, defend, and hold harmless MAGAfleet, its officers, directors, employees, agents, and related third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Products, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. MAGAfleet reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MAGAfleet in asserting any available defenses.
Intellectual Property Rights & Prohibited Uses
MAGAfleet grants you a non-exclusive, non-transferable, revocable license to access and use the Products strictly in accordance with these Terms. As a condition of your use of any Product, you warrant to MAGAfleet that you will not use any Product for any purpose that is unlawful or prohibited by these Terms. You may not use any Product in any manner which could damage, disable, overburden, or impair that Product or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Products.
Any content included in any of the Products is the property of MAGAfleet. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes to it. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Products. MAGAfleet content is not for resale. By accessing MAGAfleet content, you agree to use that content solely for your personal use and will make no other use of the content without the express written permission of MAGAfleet and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. MAGAfleet does not grant you any licenses, express or implied, to the intellectual property of MAGAfleet or our licensors except as expressly authorized by these Terms.
Trademarks
MAGAfleet’s name and logo are trademarks of MAGAfleet: please request the prior written permission of MAGAfleet before using them. Any other names, logos, designs, or slogans used on the MAGAfleet website are the trademarks of their respective owners.
Disclaimer of Warranties & Limitation on Liability (IMPORTANT)
MAGAfleet makes no representations about the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, or graphics contained in any of the Products for any purpose. To the maximum extent permitted by law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. MAGAfleet disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and noninfringement.
To the maximum extent permitted by law, in no event is MAGAfleet liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Products, with the delay or inability to any Product or related service, the provision of or failure to provide services, or for any information, software, products, services or related graphics, or otherwise arising out of the use of the Products, whether based on contract, tort, negligence, strict liability or otherwise, even if MAGAfleet has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you. If you are dissatisfied with any Product, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Products.
Class Action Waiver (IMPORTANT)
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class, representative, or collective actions are not permitted. By using the Products, you agree to bring claims against only in your individual capacity and not as a plaintiff or class member in any putative class, collective and/or representative proceeding.
Arbitration
At MAGAfleet’s sole discretion, it may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
Governing Law and Jurisdiction
All matters relating to the Products and these Terms, and any dispute or claim arising from them or related to them are governed by the laws of Texas. Any action related to the Products and these Terms must be brought in a state or federal court located in Travis County, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Contact Information
If you have any questions about these Terms, please contact us at [email protected]
