CLEAR DRIVE© - WEBSITE TERMS
FOR GERMAN RESIDENTS
FOR OTHER RESIDENTS
FOR GERMAN RESIDENTS
Clear Drive User Terms and Conditions
ARVAL Auto Service Leasing GmbH ("ASL Fleet Services") operates in the areas of motor vehicle leasing and fleet management. ASL Fleet Services leases vehicles, also provides additional vehicle-related services and fleet management services to its customers. In addition to its services, ASL Fleet Services provides its customers with Clear Drive online training. On behalf of ARVAL, the website fleetcleardrive.com and the online training tool will be provided and operated by Darniche Interactive (www.darniche-interactive.com, tel. 0033 (1) 46 22 90 56). Some of the information used in Clear Drive is the personal data of employees of ASL Fleet Services clients (e.g. the names of the fleet managers and vehicle users) (hereinafter referred to collectively as: "Customer Data"). You are an employee of a client of ASL Fleet Services, which uses Clear Drive Training. According to the authorization granted to you by your employer, you intend to use Clear Drive Training.
By accessing Clear Drive Training, you declare that you have (i) been authorized by your employer ("the Client") to access and use Clear Drive Training, and (ii) agree to the following Clear Drive User Terms and Conditions.
AGREEMENT ON ACCESS TO AND USE OF WEB-BASED SERVICES
Access and Usage Rights; Personal Use
You have been authorized by the Client to access and use Clear Drive Training.
The access and usage rights include the temporary, non-exclusive, non-sub-licensable right to use Clear Drive online training provided by ASL Fleet Services, the right to view online content. (hereinafter referred to as "Access and Usage Rights").
The Access and Usage Right granted to you is personal and non-transferable. Use by third parties, irrespective of the form of this use, is prohibited.
The Access and Usage Right granted to you can be withdrawn at any time, in particular in case of a breach of these online user terms and conditions, by the customer or ASL Fleet Services, and in any case will end, if (a) you cease being an employee of the client's company, or (b) the client's access and usage right ends.
PASSWORDS AND USER NAMES
Access to Clear Drive Training is restricted by passwords and user names. You will be assigned a user name and you will create the password yourself during the registration process for Clear Drive Training.
The password and user name is intended only for personal use by you and is non-transferable. The password and user name must be treated confidentially and kept in a safe place. You are aware that by passing on the passwords and user names provided to you without the prior consent of ASL Fleet Services you are breaching these Clear Drive User Terms and Conditions.
As soon as you become aware of the loss, theft, disclosure or misuse of your user ID and/or of the password or if you have cause to believe that there has been such an occurrence, ASL Fleet Services must be informed of this fact immediately in writing or by e-mail.
You are responsible for any non-compliance with the Agreement and/or improper use of your passwords and/or user names and will be liable to ASL Fleet Services for all losses incurred by ASL Fleet Services in connection with use that is not in compliance with the Agreement and/or improper use of passwords and/or user names.
Clear Drive Training, websites affected by this Agreement (in particular the characteristics of their structure and design) and all of their contents (which include particular information, text, graphics, logos, audio, video and animation files, and other documents) (hereinafter referred to collectively as "Industrial Property Rights") are protected by copyright by ASL Fleet Services or third parties and are subject to trademark and other intellectual property rights belonging to ASL Fleet Services, its affiliated companies and/or other third parties. The customer and its authorized users are only permitted to use these rights for the agreed purposes.
LINKS TO THIRD-PARTY WEBSITES
Websites may contain links to third party websites from non-ASL Fleet Services, or frames of other websites. These links and frames are only made available in order to be user-friendly and serve the exclusive purpose of informing clients and/or their employees about other sources of related information on the internet. These are not intended as an endorsement of this website or its contents, not even an implied endorsement, nor are these intended to indicate a recommendation of the operator or a reference to any connection with the operators of these websites. Clients and/or their employees therefore use these websites at their own risk.
If and to the extent that ASL Fleet Services provide a link or frame to a website created by the client and/or its employees or that is used by them, then only the client or its employees are responsible for their content. ASL Fleet Services may remove this link or frame from the website at its own discretion.
CORRECTNESS OF THE DATA CONTENT; DATA PROTECTION; LIMITATION OF LIABILITY
ASL Fleet Services creates and operates the Clear Drive Training with the utmost care. The content that can be accessed via Clear Drive Training constitutes information that is not legally binding and resources to support the client and his staff in the reduction of CO2 emissions and the fleet's fuel consumption.
ASL Fleet Services is not responsible for the information available via Clear Drive Training being up-to-date, correct, and complete. The liability of ASL Fleet Services that the information available via Clear Drive Training is up-to-date, correct, and complete is ruled out, unless ASL Fleet Services acts in an intentional or grossly negligent manner.
ASL Fleet Services will take all reasonable and appropriate technical measures to protect the data and other information made available by the Client and you and saved in Clear Drive Training from unauthorized access by third parties. ASL Fleet Services cannot, however, guarantee the absolute security of the data.
The legal liability of ASL Fleet Services for compensation (including, but not limited to, losses resulting from breaching the obligation to protect client data from unauthorized access by third parties, or from the loss of client data) is limited as follows:
ASL Fleet Services is liable for unlimited losses arising from satisfying this Agreement, insofar as ASL Fleet Services is culpable of intent or gross negligence in this regard. In addition, ASL Fleet Services will be liable in an amount limited to the typically foreseeable loss at the time of entering into the Agreement for slightly negligent breaches of material obligations (i.e. a contractual obligation, the fulfilment of which is essential to the proper performance of the Agreement, the violation of which is a risk to the contractual purpose and which the client regularly relies on to be complied with).
ASL Fleet Services will not be liable for the slightly negligent breach of essential obligations arising from the debt relationship.
The above limitation of liability shall not apply in cases of a mandatory statutory liability, particularly under the Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
AVAILABILITY OF CLEAR DRIVE TRAINING
ASL Fleet Services is not responsible for the continuous availability of Clear Drive Training. ASL Fleet Services is authorized to cease or suspend operation of Clear Drive Training courses at any time in full or in part, or to refuse or reduce access to the latter in full or in part (hereafter "Limitation"). If and insofar as the Limitation is not immediately necessary for legal, technical, safety, or other important reasons from the perspective of ASL Fleet Services, ASL Fleet Services will give the client prior notice of the Limitation with reasonable notice. ASL Fleet Services will also be authorized to modify Clear Drive Training without prior notification of the client. Before a significant change (e.g. general discontinuation of Clear Drive Training) ASL Fleet Services will inform Clients about the extent of the changes and take into account their legitimate interests.
MODIFICATIONS TO USER TERMS AND CONDITIONS
ASL Fleet Services is in principle entitled to unilaterally change the Clear Drive User Terms and Conditions.
ASL Fleet Services will inform you in advance of any modification to these User Terms and Conditions in an appropriate manner. In this case, you will be notified of the modification of these User Terms and Conditions again when you next access Clear Drive Training and you will be invited to agree to an appropriate on-line consent form by checking a box. At that time, you will be given the opportunity to download, store and print the new version of the User Terms and Conditions.
The exclusive place of jurisdiction for any disputes arising from or in connection with these User Terms and Conditions is the headquarters of ASL Fleet Services.
The law of the Federal Republic of Germany will apply to these User Terms and Conditions.
If any provision of these User Terms and Conditions is completely or partially invalid, this will not affect the validity of the remaining provisions.
Status as of: February 2011
FOR OTHER RESIDENTS
CLEAR DRIVE© - WEBSITE TERMS
Last Updated March 1, 2011
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
ARVAL is not responsible if information made available on this site is not accurate, complete, current or reliable. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
USE OF MATERIALS ON THIS SITE
You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. ARVAL reserves the right to refuse or cancel any person's registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. ARVAL, or its affiliates, licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is a non-exclusive, non-transferable, limited right to access, use and display this site and the materials therein and which is revocable at any time in ARVAL's sole discretion. ARVAL neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with ARVAL.
You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. ARVAL reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which ARVAL may be entitled at law or in equity.
MATERIALS YOU SUBMIT
You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
CONDUCT ON THIS SITE
Some features on this site require use of a password or user identification number. You are responsible for protecting your password or user identification number. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password or user identification number. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password or user identification number, you will notify ARVAL or relevant affiliate immediately. ARVAL or its affiliates may assume that any communications ARVAL or its affiliates receives under your password or user identification number have been made by you unless ARVAL or its affiliates receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, ARVAL, ARVAL Monogram, CLEAR DRIVE. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without ARVAL's express written consent. Further, you may not utilize any site content in any meta tags or any other "hidden text" techniques or technologies without ARVAL's express written consent.
This site may contain links to other web sites, some of which are operated by ARVAL or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. ARVAL is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
All links to this site must be approved in writing by ARVAL.
TRADEMARKS AND COPYRIGHTS
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of ARVAL, its affiliates, licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. ARVAL reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is copyrighted and protected by worldwide copyright laws and treaty provisions.
AVAILABILITY OF SERVICES AND PRODUCTS
The materials contained on this site may contain references or cross references to products, programs and services of ARVAL or its affiliates or business partners that are not available in your country. Such references do not imply that ARVAL or its affiliates or business partners intend to make such products, programs or services available in your country. Consult your ARVAL business contact for information regarding the products and services that may be available to you.
Your use of this site is at your sole risk. The site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. ARVAL expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from ARVAL or any affiliate or through or from this site shall create any warranty of any kind. ARVAL does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
LIMITATION OF LIABILITY
You acknowledge and agree that you assume full responsibility for your use of this site. You acknowledge and agree that you are fully responsible for applying the Clear Drive© training goals, objectives and lessons learned in your daily driving routines. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of this site is at your own risk. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither ARVAL nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the site, any removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if ARVAL, its affiliates or any of its suppliers or third parties has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither ARVAL nor its affiliates, or suppliers or third party content providers shall be liable for any defamatory, offensive or illegal conduct of any user of this site.
Your sole and exclusive remedy for any of the above claims or any dispute with ARVAL is to discontinue your use of the site. You and ARVAL agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
JURISDICTION AND APPLICABLE LAW
ARVAL may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of this site, at any time. ARVAL may also impose limits on certain features and services or restrict your access to parts or all of this site without notice or liability. ARVAL may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all materials downloaded or printed from this site.
ENTIRE AGREEMENT AND ADMISSIBILITY
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place