Location Disclosure CrewChief™ Mobile App
CrewChief™ CrewChief™ collects location data to enable the following features even when CrewChief™ is closed, in the background, always in use, or when CrewChief™ is not in use. You can change disable or modify some or all features in CrewChief™using Enable Private Mode functionality or in the OS. Reasonable efforts are made to anonymize location data when applicable. Data is not sold for marketing.
Features that use location in the background:
- When performing work related functions.
- Driver ID to determine which company asset is being used.
- Geolocation-based alerts from various sources.
- Logging mileage, time and related expenses for work.
- Proximity to other users or customers for work
- Work order management.
Disabling or adjusting settings may eliminate being able to receive location-based alerts and communication and receive any rescue or assistance. Always call 911 first for emergencies.
- CrewChief™ Licensed Application & End User License
- General Release and Waiver of Liability
CrewChief™ Licensed Application & End User License Agreement
This is a binding agreement between User (as defined below) and Company (as defined below). This Agreement governs your use of the CrewChief App (as defined below) and related services. User ACKNOWLEDGES THAT USER HAS READ AND UNDERSTANDs THIS AGREEMENT; BYINSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE PLATFORM AND SERVICES. Should you have any questions relating to any agreement, please contact your employer or email@example.com
For the purpose of this Agreement (as defined below),
the following terms shall have the following meanings:
“App” shall mean the Company’s (as defined below) mobile app.
“Company” shall mean Iler Group, Inc. d.b.a. Fleetistics, its affiliates, and their respective owners, members, managers, directors, officers, employees, and agents.
- “Agreement” shall have the meaning defined above.
- “Released Parties” shall mean the Company and any other User of the CrewChief™ App.
- “Update(s)” shall have the meaning set forth below.
- “User” shall mean you, your heirs, successors, assigns, trustees, personal representatives, and anyone acting on your behalf.
- “Location” shall mean GPS coordinates, map object placement and visualization, current and past position, and movement
- “Platform” shall include the CrewChief™ mobile app and any web-based services.
Company has the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the content, hours of availability, fees, and equipment needed for access or use of the Services.
- License. Subject to the terms of this Agreement, Company grants User a limited, non-exclusive, and non-transferable license to download, install, and use the Platform for use by User consistent with the Platform’s intended purposes. Company may update the Agreement from time to time which requires the User to agree to continue to use CrewChief and related services. The “Services” include the access and use of Company proprietary business management application software (the “Application”) and related web services. Company has the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the content, hours of availability, fees, and equipment needed for access or use of the Services.
- Restrictions on Use.
You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Company shall have no obligation to copy, publish, display or otherwise exploit the materials, nor be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials. The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates, and its third-party content providers, contractors, advertisers, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Likeness Release. User hereby irrevocably permits, authorizes, grants, and licenses Company and its affiliates, successors, and assigns, the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use User’s name, image, likeness, appearance, voice, audio recording, video recording, and all materials created by or on behalf of Company that incorporate any of the foregoing in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created for any purpose without further consent from or royalty, payment, or other compensation to me.
- Equipment. Unless you have contracted with Company to the contrary, you
shall be responsible for obtaining and maintaining all telephone, cellular service, Internet service, computer hardware and other equipment needed for access to, and use of the Services and all charges related thereto.
- Advisory Caution. THE SERVICES PROVIDED BY COMPANY ARE ADVISORY ONLY AND NOT FOR EMERGENCY OR SAFETY-OF-LIFE PURPOSES EVEN IF THE PLATFORM MAY BE UTILIZED IN SUCH A MANNER BY OTHER USERS. YOU MUST CALL 911 OR LOCAL EMERGENCY SERVICES FIRST. YOU ARE URGED TO UTILIZE AND CONSULT ALTERNATE INFORMATION SOURCES PRIOR TO MAKING SAFETY RELATED DECISIONS.
- Disclaimer of Warranties. CREWCHIEF IS PROVIDED TO USER”AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO CREWCHIEFLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT CREWCHIEFLICATION WILL MEET USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO USER.
- Limitation of Liability. USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USERs SOLE RISK. NEITHER COMPANY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. TO THE EXTENT NOT OTHERWISE WAIVED OR RELEASED, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE RELEASED PARTIES OR THEIR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, OR OTHER APP USERS RESPONDING AND ACTING IN GOOD FAITH, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY
TO USE CREWCHIEF OR THE CONTENT AND SERVICES FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; (b) DIRECT OR INDIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR CREWCHIEF OR SERVICES WITHIN THE PREVIOUS 30 DAYS. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CLASS ACTION LAWSUIT, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE RELEASED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Posting and Removal. Company shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. Company does not have an obligation to review posted material on the Services, and Company cannot assure that the material will either be appropriate or appropriately expressed. Company cannot publish all material submitted to the Services. The choice of which material is selected for the Services is at the sole discretion of Company and cannot be disputed. Without limiting the foregoing, Company shall have the right to remove any material, user account or access that Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- Indemnification. User agrees to defend, indemnify, and hold harmless Company and its suppliers, officers, advertisers, licensors, other Users and affiliated companies and their respective directors, officers, employees, contractors, and agents from and against all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out, relating to or in connection with (a) Users use of the Services, (b) the content of any materials User submits, (c) any violation of any law or regulation by User, and (d) this agreement.
- Trademarks. All other trademarks appearing on the Services are the property of Company or their respective owners.
- Viruses. Company assumes no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
- Export Control. Software and other materials from the Services may also be
subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Company does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.
- Links. The Services may incorporate links to other websites. Company does not in any way endorse, nor is it responsible for, the content on those other websites.
- Non-Compete. User agrees not to build, create, consult or advise others on the content of the Company app in an effort to create a competing product or service using similar logic, methods, formulas, and design for a period of three (3) years from the date of the last update installed by User.
- Omissions. Clerical errors or omissions do not void the entire agreement. The agreement shall remain in effect even if a provision is excluded for any reason.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR CREWCHIEFLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. Conflicts in any terms herein any Company agreement share be enforced at the sole discretion of the Company.
- Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or CrewChief application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in Atlanta and Fulton. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Entire Agreement. The listed agreements constitute the entire agreement between User and Company with respect to CrewChief and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Platform.
User General Release and Waiver of Liability
This General Release and Waiver of Liability (the “release”) releases employees, Iler Group, Inc, licensed Platform users, CrewChief (the “App”) and each of its directors, officers, employees, and agents (the “Parties)” as defined in the Terms and Conditions herein.
This is a binding agreement between User (as defined below) and Company (as defined below). This Agreement governs your use of CrewChief™ (as defined below) and related services. User ACKNOWLEDGES THAT USER HAS READ AND UNDERSTANDs THIS AGREEMENT; BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THE RELEASE AND WAIVER OF LIABILITY. IF YOU DO NOT AGREE TO THE RELEASE AND WAIVER OF LIABILITY, DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES. Should you have any questions relating to any agreement, please contact us at ILER GROUP, INC., (CrewChief™) 1936 Bruce B. Downs Blvd. #505 Wesley Chapel, FL 33544-9262.
- Definitions. For the purpose of this Agreement (as defined
below), the following terms shall have the following meanings:
(a) “App” shall mean the Company’s (as defined below) app.
(b) “Company” shall mean ILER GROUP, INC., its affiliates, and their respective owners, members, managers, directors, officers, employees, and agents.
(c) “Agreement” shall have the meaning defined above.
(d) “Released Parties” shall mean the Company and any other User of CrewChief™.
(e) “Update(s)” shall have the meaning set forth below.
(f) “User” shall mean you, your heirs, successors, assigns, trustees, personal representatives, and anyone acting on your behalf.
(g) “Location” shall mean GPS coordinates, map object placement and visualization, current and past position, and movement
(h) “Platform” shall include CrewChief and any web-based service or service. USA 911 or international emergency services are not affiliated with ILER GROUP, INC., (“Company”) or any products and services. User acknowledges this fact and that no person or entity may respond at all, and someone may respond who is unqualified which may lead to property damage, injury, or death, which is solely the responsibility and liability between the User and the responder and has nothing to do with ILER GROUP. ILER GROUP in no way determines the qualifications or competency of app users or responder. Users agree to hold individuals and organizations harmless under Good Samaritan, emergency response and disaster declaration laws of the respective jurisdiction.
- Waiver and Release. The User, releases and forever discharges and hold harmless all Parties and successors and assigns from any and all liability, claims, and demands of whatever kind of nature, either in law or in equity, which arise or may hereafter arise from the services provided by Parties. User understand and acknowledge that this Release discharges Parties from any liability or claim that User may have against Parties with respect to bodily injury, personal injury, illness, death, or property damage that may result from the services User provides to Parties or occurring while User is providing service to others.
- Insurance. Further I understand that Parties does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance. User expressly waives any such claim for compensation or liability on the part of Parties beyond what may be offered freely by Parties in the event of injury or medical expenses incurred by me. User agrees that maximum compensation for physical injury, pain and suffering of any actual or perceived detriment to the User, will not exceed that paid for the mobile application.
- Medical Treatment. I hereby Release and forever discharge all Parties from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my tenure as a User with Parties.
- Assumption of Risk. I understand that the services I provide to Parties may include activities that may be hazardous to me including, but not limited to search and rescue or relief involving inherently dangerous activities. As a User, I hereby expressly assume risk of injury or harm from these activities and Release Parties from all liability.
- Other. By using CrewChief™ and related services, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of the Defendant and that this Release shall be governed by and interpreted in accordance with the laws of the State and County of the Defendant. I agree that if any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected.
- Conflicts. Should a conflict arise with this, or any agreement herein, the Company at its sole discretion, will determine which provision applies.
- Definitions. For the purpose of this Agreement (as defined below), the following terms shall have the following meanings:
(a) “App” shall mean the Company’s (as defined below)
(b) “Company” shall mean ILER GROUP, INC.,, LLC, its affiliates, and their respective owners, members, managers, directors, officers, employees, and agents.
(c) “Agreement” shall have the meaning defined above.
(d) “Released Parties” shall mean the Company and any other
User of CrewChief.
(e) “Update(s)” shall have the meaning set forth below.
(f) “User” shall mean you, your heirs, successors, assigns,
trustees, personal representatives, and anyone acting on your behalf.
(g) “Location” shall mean GPS coordinates, map object
placement and visualization, current and past position, and movement
(h) “Platform” shall include CrewChief and any web-based service
- Research. User data may be shared with government, universities, research entities or other organizations in an anonymous manner as outlined herein for the purpose of general social studies or public benefit research.
- Emergency Services. User identifiable data and information will be shared with emergency services, volunteer organizations, non-government organizations involved in relief and rescue operations and other app users for the purpose of communication, information sharing, rescue, relief or public safety.
Company may use collected personal data for purposes of analyzing usage of the Services, providing customer and technical support, managing, and providing Services (including managing advertisement serving) and to further develop the Services and other Company services and products. Company may combine non-personal data with personal data.
Company may use your personal data to send messages with informative and/or commercial content about Company services or third-party products and services Company thinks may be of interest to you, such as new features and services, special offers and updated information.
Company may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose User or Company to legal liability. Company may also disclose User personal data to third parties when Company has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Company’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Company believes that such disclosure is necessary to protect Company’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Company.
- Cookies and tracking. The Services may use “cookies” and other technologies such as pixel tags, clear GIFs, and web beacons. Company treats information collected by cookies and similar technologies as non-personal data. E-mails and other electronic communications Company sends to you may contain code that enables Company to track your usage of the communication, including whether the communication was opened and/or what links were followed (if any). Company may combine that information with other information Company has about User and Company may use that information to improve the Services and/or provide customized communications to User.
- Third Party Terms and Conditions. Please note that User access to and use of the Services may be subject to certain third-party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, online gaming platforms, social networking services and payment providers. User recognizes and agrees that Company is not liable for any such third-party terms and conditions and their use of User personal data.
Company may in its discretion make available links through advertisements or otherwise enable User to access third party products or services. Please note that, while using such products or services, users are using products or services developed and administered by people or companies not affiliated with or controlled by the Company. The Company is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Company is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.
- Location Data. The Company provides User location data and information to other Company app and web platform users, institutions, and Government for the intended use of user safety and public benefit. Location data is collected to provide rescue services a User’s last known location to expedite rescue, location history when participating in search and rescue operations, to universities and research groups to study user migration behavior in and around emergencies and disasters to improve public communication, provide location-based alerts and communication allocate resources and better prepare for future events and to deliver User location-based communication and alerts. Efforts are made to anonymize the data to reduce the ability to individually identify users. User location information is not sold to third party advertisers for the purposes of marketing, social engineering, or reverse engineering. Users can opt-out of Public Benefit Research, go “Invisible” to other users, set post logoff display limits, or limit visibility to an organization or team. Reducing location-based settings will reduce, or eliminate, the ability for rescue from other platform users, NGOs, or Government.
- Law Enforcement and Related Government Service Agencies or Contractors. No agency, entity, contractor, or individual is allowed to utilize, accumulate, “scrape”, download, transfer, store, sell, share, view, photograph, make a video copy or access any data for any legal process, investigation, surveillance or other activity without a warrant, or similar government instrument, delivered and accepted by the Company authorizing such use, prior to use.