1. The Agreement
These Terms of Service (the “Terms”) are a binding agreement between Good Life Advertising, doing business as Fleet Market, of Blair, Nebraska (“Fleet Market”, “we”, “us”), and the business that creates an account or uses the Fleet Market platform (“you”, “Customer”). The platform includes fleetmarket.us, the dealer, distributor, and manufacturer dashboards, the storefronts and embeds we host on your behalf, the companion applications, and the related APIs (together, the “Service”).
You accept these Terms by creating an account, by clicking a button that references them, or by using the Service. If you accept on behalf of a company, you represent that you have the authority to bind it, and “you” means that company. If you do not agree, do not use the Service.
The Service is offered to businesses in the equipment industry: dealers, distributors, manufacturers, and the people who work for them. It is not offered to consumers and you may not use it for personal, family, or household purposes. Your customers who visit a storefront we host for you are not parties to these Terms; their relationship is with you, and their use of your storefront is covered by our Privacy Policy and by whatever terms you post for them.
Our Privacy Policy (fleetmarket.us/privacy) and Refund Policy (fleetmarket.us/refund) are part of these Terms. If they conflict with these Terms, these Terms control, except that the Privacy Policy controls on how we handle personal information.
4. Subscriptions, Fees, and Payment
Plans and renewal
Paid plans are billed in advance, monthly or annually, at the prices shown at checkout. Website plans are priced by the base website plus the modules you add; module-only plans are priced by the number of active modules; the Email Marketing add-on is priced by sending volume and billed as its own subscription. Subscriptions renew automatically at the end of each billing period until you cancel.
Payments are processed by Stripe. By subscribing you authorize us and Stripe to charge your payment method for the recurring fees, any usage-based charges (such as email overage), and applicable taxes. You must keep a valid payment method on file while you have a paid subscription.
Changes, cancellation, and refunds
You may add or remove modules at any time from your dashboard. Additions take effect immediately and are prorated for the remainder of the billing period; removals take effect at the end of the current period. You may cancel at any time; cancellation takes effect at the end of the current billing period and your storefront and dashboard stay available until then. Refunds are governed by our Refund Policy.
We may change our prices. Price changes apply to your next renewal, and for an increase we will give you at least 30 days’ notice by email before it takes effect. If you do not want to pay the new price, cancel before it applies.
Non-payment
If a payment fails, we will retry it and notify you. While an invoice is past due we may restrict paid features, and if it stays unpaid for 14 days we may suspend the account and take the storefront offline. If it stays unpaid for 60 days we may terminate the account under Section 14. You remain responsible for fees accrued before termination.
Taxes
Our fees exclude taxes. You are responsible for any sales, use, VAT, or similar taxes on your subscription, other than taxes on our income. If we are required to collect a tax, it will be added to your invoice.
Free, trial, and sponsored accounts
We may offer free trials, demo sandboxes, promotional pricing, or accounts sponsored by a distributor or manufacturer. Those accounts are subject to these Terms, plus any terms shown when the offer is made. We may end a trial or demo sandbox at any time, and sandboxes are deleted on the schedule shown when you start one. A sponsored account may lose its sponsorship if the sponsor ends it; we will tell you and give you the option to subscribe directly before anything is switched off.
5. Your Content
“Your Content” is everything you and your seats put into the Service: inventory listings, photos, videos, documents, prices, business details, customer records, email campaigns, forms, job postings, event listings, uploaded fonts, and site configuration. You own Your Content. We claim no ownership of it.
So that we can run the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, display, transmit, process, and create technical derivatives (such as thumbnails, search indexes, and PDF renderings) of Your Content, only as needed to provide the Service to you, to keep it secure, and as the Privacy Policy allows. This license ends when Your Content is deleted from the Service, except for backup copies that are purged on their normal schedule.
You represent and warrant that you have every right needed to use Your Content on the Service and to grant the license above, including that:
- •You hold the rights to every photo, video, logo, document, and text you upload, or a license that permits its use on a public website.
- •Any font file you upload is licensed for web embedding on your storefront. A desktop font license does not usually permit this; check before uploading.
- •Any manufacturer or distributor name, logo, product image, or specification you display is one you are authorized to use, for example as an authorized dealer of that brand.
- •Your listings, prices, availability, specifications, and business information are accurate and not misleading.
- •Your Content does not infringe or misappropriate anyone’s intellectual property, privacy, or publicity rights, and does not violate any law.
We may remove or disable Your Content that we reasonably believe violates these Terms or the law, or on receipt of a credible infringement notice. Where practical we will tell you and give you the chance to fix the problem first.
17. Indemnification
By you
You will defend Fleet Market and its owners, employees, and contractors against any third-party claim, and pay the resulting damages, settlements, and reasonable attorneys’ fees, to the extent the claim arises from: (a) Your Content, including any claim that it infringes a third party’s rights or that a font, image, or brand asset you uploaded was not licensed; (b) your transactions with your customers, including sales, rentals, deposits, tickets, service work, and equipment; (c) marketing messages sent through your account, including any claim about consent under CAN-SPAM, the TCPA, or similar laws; (d) an accessibility claim to the extent it concerns content or configuration you control under Section 6; (e) your breach of these Terms or of any law; or (f) any dispute between you and a distributor, manufacturer, or other customer connected to your account.
By us
We will defend you against any third-party claim that the Service itself, as we provide it and as used in accordance with these Terms, infringes that party’s United States patent, copyright, or trademark, and pay the resulting damages and reasonable attorneys’ fees awarded against you. This does not cover claims arising from Your Content, from your combination of the Service with something we did not supply, or from your use after we told you to stop. If such a claim is made or we think one is likely, we may modify the Service to make it non-infringing, obtain a license, or terminate the affected feature with a refund of prepaid, unused fees. This is our entire liability for infringement.
Process
The party seeking defense must notify the other promptly, give it control of the defense and settlement, and cooperate reasonably at the defending party’s expense. The defending party may not settle a claim in a way that admits fault on behalf of, or imposes obligations on, the other party without its consent, which will not be unreasonably withheld.