Terms and Conditions
This agreement is entered into between Element Fleet Management ("Element") and any User of the Element Remarketing ® website. User agrees to the terms of this agreement for the purpose of gaining access to a variety of Element proprietary and confidential databases and restricted areas of information accessible through Element Remarketing ®. By using Element Remarketing ® and entering the restricted areas, the User agrees to comply with all of the terms and conditions as stated in this agreement.
Protection of Content. Element Remarketing ® is owned and operated by Element or its licensors and is subject to protection under law. User recognizes the special value and importance of the protection of the material, substance, processes, capabilities, character and essence of Element Remarketing ® and its restricted areas. User agrees to hold information related to the operation and character of Element Remarketing ® in confidence and not to make any disclosure to a third party without the prior written consent of Element. User shall exercise all precautions commensurate with the highest reasonable standards of security for the protection of proprietary information and trade secrets to ensure proprietary information and trade secrets are not disclosed. User shall have no right to use any Element trademarks.
Limited Access. User shall only permit access and use of the restricted areas to its principals and employees and to no other persons, entities, subsidiaries or affiliates without prior written consent of Element.
Amendments to Agreement. Element reserves the right, at its sole discretion, to change, modify, add or remove any portion of this agreement at any time without notice or liability and such modification shall become effective upon posting on the website. Users access to the restricted areas of Element Remarketing ® following such modification shall be conclusively deemed to be User's acceptance of such modification.
Change in Service. Element may change, suspend, or discontinue any aspect of the services provided in the restricted areas, including the availability of any feature, database or content of Element Remarketing ®, at any time without notice and without liability.
Disclaimer. Element shall not be liable to User or others for any inaccurate data, delays, cancellations or interruptions of the availability of data as caused by acts of God, inevitable accident, fire, strike or other labor dispute, act of government, illness or incapacity of any important performer, failure in whole or in part of transmission facilities, failure in whole or in part of software or hardware components, or other cause of a similar or different nature beyond the control of Element. Element does not warrant that Element Remarketing ®, nor any of its links and related sites, will be free from defect nor free of viruses or other harmful components. Element shall not be liable for any consequential, indirect, special or incidental damages arising out of the use of the website or the restricted areas.
Security. User shall not circumvent the encrypted data or gain access to more data than permitted under any agreement with Element. The User is solely responsible for all security, and all use (including unauthorized use) of the User's password.
Indemnification. User shall hold harmless and indemnify Element and its subsidiaries and affiliates and their officers, directors, shareholders, employees, and agents from any and all liability, including reasonable attorney's fees and expenses arising from User's authorized or unauthorized use of the website.
Termination if the event of Default. The unauthorized use, dissemination of information or the failure to comply with this agreement, or a violation of any obligation or representation made in any agreement with Element or its affiliates and subsidiaries, may result in the immediate termination of User's right to access the restricted areas, without notice or liability.
Other Agreements. All representations, obligations, disclaimers and/or warranties made by Element and User in any other written agreement will continue in full force and effect.
Severability. In the event that any provision of this agreement shall be held invalid, illegal, or unenforceable, such invalidity, illegality, or unenforcability shall not effect any other provisions of this Agreement.
Governing Law. This agreement shall be governed, and construed in accordance with, the laws of the State of Maryland.