Personal License
Please read this Personal License carefully as it contains the legal terms and conditions that you agree to when you use the FleetMentor service provided to you by J. J. Keller & Associates, Inc.®, provided primarily through www.fleetmentor.com.
By using FleetMentor, you affirm that you have read and agree to be bound by the terms and conditions of this license.
J. J. Keller reserves the right to make changes in the terms and conditions of this license. Such changes will be incorporated in the license and posted here.
By accessing FleetMentor you agree to be bound by all changes in the license.
Consult this page each time you access FleetMentor. If you do not agree to the changes in the terms and conditions of this license, discontinue use of FleetMentor immediately and Contact Us.
If J. J. Keller and you or your employer have manually executed a Commercial Use License agreement governing use of FleetMentor, the terms in that manually executed document supersede the terms of this Personal License to the extent such terms are inconsistent.
1. Intent of this license
This Personal License is meant to provide one user with access to FleetMentor content for their personal use. It is solely for use by the individual user identified in the Registration Information. Use is subject to that restriction, and as noted under Guidelines for Use of Content, which is part of this license.
If you have information needs which are not met by the terms of this Personal License, please read the information found at Commercial Use License. We will work with you to see that you have the access you need.
2. Definitions
"J. J. Keller" refers to J. J. Keller & Associates, Inc., 3003 W. Breezewood Lane, Neenah 54957-0368, or third-party providers of content and services to J. J. Keller.
FleetMentor refers to the contents and services provided by J. J. Keller and J. J. Keller partners pursuant to this license.
"Personal License", "License" refers to this agreement.
"Member", "you", "your" refers to the individual identified in the Registration Information.
3. Registration Information
By accessing FleetMentor you agree to provide accurate, current and complete information about yourself as prompted by the registration form and to keep the Registration Information accurate, current and complete. If Registration Information is found not to be accurate, current or complete, or if J. J. Keller has reasonable grounds to suspect that such information is not accurate, current or complete, J. J. Keller has the right to suspend or terminate your access and refuse any and all current or future use of FleetMentor.
4. Ownership
You acknowledge that FleetMentor is compiled, prepared, selected and arranged by J. J. Keller through the expenditure of substantial time, effort and money and that it constitutes valuable property of J. J. Keller.
You acknowledge and agree that all proprietary rights in FleetMentor shall remain property of J. J. Keller and you do not acquire rights therein except as specifically provided in this License agreement.
You agree that questions you submit to FleetMentor along with the answers associated with them shall become the property of J. J. Keller for use as J. J. Keller sees fit. J. J. Keller will take reasonable precautions so neither such questions nor the answers associated with the question will be made available in a manner that will identify you unless otherwise specified in the Privacy Statement.
5. Scope of Use / Restrictions
IMPORTANT: Be sure to read the Guidelines for Use of the Content to understand your rights and obligations under this Personal License.
This is a Personal License, which means it is solely for use by the individual identified in the Registration Information. Under this License, J. J. Keller grants you a nonexclusive, nontransferable, except as noted under "Assignability," limited license to access and use FleetMentor, subject to the limitations found in this License.
As a Personal License holder you may:
(a) read as much as you like and can download or print the content if needed for your personal use; and,
(b) share FleetMentor content with others in your organization as allowed under Guidelines for Use of Content or allowed by your organization's Commercial Use License.
As a Personal License holder, you may not, and you may not permit others to:
(a) Disassemble, decompile or otherwise derive content or source code from FleetMentor;
(b) Use FleetMentor in any manner that infringes the intellectual property or other rights of another party;
(c) Use FleetMentor to prepare work products, documents or reports for any party outside of your organization unless you have a Commercial Use License;
(d) Distribute FleetMentor content in an electronic or other multi-copy format unless allowed under Guidelines for Use of the Content or permitted by a Commercial Use License; and
(e) You may not allow others to access FleetMentor using your Personal License Password or User Name.
If you have information needs that do not fit the uses allowed by a Personal License see Commercial Use License.
6. Disclaimer
Due to the constantly changing nature of government regulations, it is impossible to guarantee the total and absolute accuracy of the material contained herein. J. J. Keller & Associates, Inc., cannot and does not assume any responsibility for omissions, errors, misprinting or ambiguity contained on this site, the products and services described herein, or the content of referral sites or the products and services which may be offered on referral sites.
J. J. Keller, shall not be held liable in any degree for any loss, damage or injury caused by any such omission, error, misprinting or ambiguity present on this site, the products and services described herein, or the content of referral sites and the product and services described therein.
This site, the products and services described herein and referral sites are designed to provide general information in regard to the subject matter covered. It is made available with the understanding that J. J. Keller is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert service is required, the services of a licensed professional should be sought.
Third Party providers that recommend FleetMentor to you and/or subsidize your access to FleetMentor, in whole or in part, are not responsible for content found on FleetMentor. Your use of FleetMentor is subject to the terms and conditions of this Personal License.
7. Limited warranty and limitation of liability
J. J. Keller warrants that it has the authority to convey the rights which are the subject of this License.
As used below, Protected Parties means:
(a) J. J. Keller, its affiliates and any officer, director, employee, subcontractor, agent, successor, or assigns of the provider of FleetMentor or its affiliates; and,
(b) each third party provider of content, their affiliates and any officer, director, employee, subcontractor, agent, successor or assigns of any third party provider or any of their affiliates.
Third Party providers that recommend FleetMentor to you and/or subsidize your access to FleetMentor, in whole or in part, are not responsible for content found on FleetMentor. Your use of FleetMentor is subject to the terms and conditions of this Personal License.
FleetMentor® is provided on an "as is", "as available" basis. The Protected Parties expressly disclaim all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. The Protected Parties shall not be liable for any loss, injury, claim, liability or damage including, but not limited to, consequential damages of any kind resulting in any way from: any errors in or omissions from FleetMentor or any materials available or not included therein, the unavailability or interruptions of FleetMentor or any features thereof or any materials, member's use of FleetMentor or materials (regardless of whether you received any assistance from a Protected Party in using FleetMentor), member's use of any equipment in connection with FleetMentor®, the content of materials or any delay or failure in performance beyond the reasonable control of a Protected Party.
When the license terminates, or you do not renew the license, any information you have entered into FleetMentor may no longer be accessible to you, the Protected Parties do not guarantee that such information will be maintained or archived for access.
If the foregoing limitations are held to be unenforceable, the Protected Parties' maximum liability to you, the member, shall not exceed the amount of the license fees you most recently paid for FleetMentor. The remedies available to you under this agreement are exclusive. Some states do not allow the limitations or exclusion of implied warranties, so these, or other exclusions, may not apply to you.
8. Termination, Renewals, Amendments
Effective Date. This License becomes effective when you indicate acceptance of the License terms by completing the Registration Information and checking the box that indicates "I agree to use the FleetMentor service in accordance with the Personal License."
Access. Continued access to FleetMentor, in this first and subsequent License terms, is subject to payment of the License fee as invoiced by J. J. Keller.
Term. The term of a License is twelve (12) months. Should you choose to terminate the agreement, J. J. Keller, at its sole discretion, will determine the amount of refund, if any, is due to you. When the License terminates, or you do not renew the License, any information you have entered into FleetMentor may no longer be accessible to you, and J. J. Keller does not guarantee that such information will be maintained or archived for access.
Renewal. The License shall renew automatically for twelve (12) month periods. Prior to the renewal invoice being issued, you will be contacted by J. J. Keller.
Non-renewal. If you choose not to renew the License you must notify J. J. Keller that you do not want to renew access to FleetMentor. You can reach us at Contact Us.
Notwithstanding any of the above:
(a) J. J. Keller may terminate this License without cause on ten (10) days notice (via email or otherwise) to you should FleetMentor content or any component thereof no longer be available for whatever reason; and,
(b) At J. J. Keller's sole discretion, J. J. Keller reserves the right to terminate the License of any Member who J. J. Keller believes has violated the terms or abused the intent of this License; including but not limited to posting profanities, hate speech, potential libelous statements, marketing promotions or publishing third party content without permission. Such termination does not entitle Member to a refund of any License fees.
Your obligations. Your responsibilities concerning the use of FleetMentor® content, survive termination or non-renewal of this License.
9. Agreement Binding On Successors
This License shall be binding on and shall inure to the benefit of J. J. Keller and Member hereto, and their heirs, administrators, successors and assigns.
10. Waiver & Severability
No waiver by J. J. Keller or any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
11. Assignability
This License and the rights and obligations hereunder may not be assigned by any act of Member or by operation of law, including, but not limited to, bankruptcy, assignment for benefit of creditors, collateral for a loan or satisfaction of a loan, without the prior written consent of J. J. Keller; provided, however, that this Agreement and the rights and obligations hereunder shall be freely assignable by J. J. Keller.
12. Jurisdiction
All disputes shall be resolved in the applicable state courts of Wisconsin or federal courts with Wisconsin jurisdiction. The parties consent to the jurisdiction of such courts, and agree to accept service of process by mail.
13. Integration
This License is the only agreement between the parties with regard to the subject matter hereto and shall not be modified or amended except in writing by J. J. Keller and Member and specifically referring to this License. J. J. Keller and Member agree that such amendment shall be signed by the parties or otherwise confirmed through a mutually agreed process.
14. Title and Headings
The titles and headings to sections in this License are inserted for convenience and reference only, and shall not affect the interpretation of this License.
15. Exceptional Circumstances
It is mutually agreed that J. J. Keller shall not be held in default with respect to the performance of this License if shortages of materials, labor disputes, equipment failures or emergency conditions delay or prevent such performance.