FLTDepartment.com User Terms of Service

Effective Date: November 1, 2018

Updated: 01/03/2021

FLTDepartment.com LLC. (“FLTDepartment.com,” “we,” “our”) offers a variety of team productivity, collaboration, and organizational tools available online, including via a mobile application (collectively, the “Service”), and websites, including but not limited to FLTDepartment.com, (the “Websites”).

FLTDepartment.com has three different types of users depending on the FLTDepartment.com products used:

We call users of the Websites “Site Visitors.”

We call users who use the free version of the FLTDepartment.com Service “Free Users.” While Free Users can access and use the Service, they have access to a more limited set of Service features and functionality than Subscribers.

We call users who use the Service as part of a paid FLTDepartment.com subscription plan (regardless of the subscription tier) “Subscribers.” The Service features and functionalities available to Subscribers are determined by the subscription tier and the specific terms agreed to between FLTDepartment.com and the organization (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Agreement”).

We refer to these three types of users collectively as “Users” or “you” for purposes of these User Terms of Service (the “Terms”). Regardless of what type of User you are, these Terms create a legal agreement directly between you and FLTDepartment.com and explain the rules governing use of the Service and Websites. By accessing or using the Service and Websites, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Service and Websites.

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICE AND WEBSITES PROVIDED BY FLTDEPARTMENT.COM ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.

We may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Service and Websites. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Service and Websites after any such update constitutes your acceptance of such changes.

ELIGIBILITY AND SCOPE

1.2 Location. These Terms are applicable to Users located in the United States only. If you are located outside of the United States, you will be presented with a different set of terms.

ACCOUNT REGISTRATION AND USE

2.2 Unauthorized Account Use. You are responsible for notifying us at terms-questions@FLTDepartment.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. FLTDepartment.com will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by FLTDepartment.com or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, FLTDepartment.com reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

OUR PROPRIETARY RIGHTS

The Service and Websites are owned and operated by FLTDepartment.com and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by FLTDepartment.com and its partners, as well as other sources, and are protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Service and Websites are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites. You acknowledge that the Service and Websites have been developed, compiled, prepared, revised, selected, and arranged by FLTDepartment.com and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of FLTDepartment.com and such others. You agree to protect the proprietary rights of FLTDepartment.com and all others having rights in the Service and Websites during and after the term of these Terms and to comply with all written requests made by FLTDepartment.com or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Service and Websites. You agree to notify FLTDepartment.com immediately upon becoming aware of any claim that the Service and Websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Service and Websites shall, as between you and FLTDepartment.com, at all times be and remain the sole and exclusive property of FLTDepartment.com. Any unauthorized use of any material contained on or through the Service and Websites may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

USER CONTENT AND FEEDBACK

4.1.1 Free User Content. Free Users maintain ownership of the User Content that they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant FLTDepartment.com a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content, as permitted by FLTDepartment.com’s Privacy Policy, including if required to do so by law or in good faith to comply with legal process. We reserve the right to remove any Free User Content on the Service that violates these Terms or that is otherwise objectionable in FLTDepartment.com’s sole discretion.

4.1.2 Subscriber User Content on the Service. Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Customer Agreement, except with respect to Subscriber User Content submitted by students pursuant to a Customer Agreement with an educational institution (“Student Content”). Such Student Content is owned by the student and not the educational institution. FLTDepartment.com maintains a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Customer Agreement or these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Customer Agreement and our Law Enforcement Guidelines; and (v) as otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer.

4.2 Feedback on the Websites. The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to FLTDepartment.com and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant FLTDepartment.com a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other FLTDepartment.com marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

4.3 User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that FLTDepartment.com does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless FLTDepartment.com for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

LICENSE AND ACCEPTABLE USE

5.2 Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Service and Websites. Disruption of the Service. You may not:

access, tamper with, or use non-public areas of the Service and Websites, FLTDepartment.com’s computer systems, or the technical delivery systems of FLTDepartment.com’s providers;

probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;

access or search the Service and Websites by any means other than FLTDepartment.com’s publicly supported interfaces (for example, “scraping”);

attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or

interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites.

Misuse of the Service and Websites. You may not utilize the Service and Websites to carry out, promote or support:

any unlawful or fraudulent activities;

the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;

the publishing or posting of other people’s private or personal information without their express authorization and permission;

the sending of unsolicited communications, promotions advertisements, or spam;

the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or

the promotion or advertisement of products or services other than your own without appropriate authorization.

User Content Standards Within the Service and Websites. You may not post any User Content on the Service or Websites that:

violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;

is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;

contains any personal information of minors;

contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without FLTDepartment.com’s prior written consent granted as part of a Customer Agreement;

contains viruses, bots, worms, or similar harmful materials; or

contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

Violations of this Section 5. In addition to any other remedies that may be available to us, FLTDepartment.com reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for FLTDepartment.com should you fail to abide by the rules in this Section 5 or if, in FLTDepartment.com’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users. If you are a Subscriber, FLTDepartment.com reserves the right to notify the Customer’s Account Administrator(s) or other Customer representative(s) of any violations of these Terms.

PRIVACY

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.

WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICE AND WEBSITES AND USER CONTENT, WHETHER PROVIDED BY FLTDEPARTMENT.COM, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICE AND WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, FLTDEPARTMENT.COM DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICE AND WEBSITES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICE AND WEBSITES OR THE SERVER(S) THAT MAKE THE SERVICE AND WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL FLTDEPARTMENT.COM OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND WEBSITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICE AND WEBSITES, OR ANY LINK PROVIDED ON THE SERVICE AND WEBSITES, WHETHER OR NOT FLTDEPARTMENT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE OR WEBSITES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100. FLTDEPARTMENT.COM DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND WEBSITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICE AND WEBSITES, AND FLTDEPARTMENT.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AND WEBSITES. FLTDEPARTMENT.COM WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This release includes the criminal acts of others.

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 7. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 7 specifically do apply to you.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD FLTDEPARTMENT.COM AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICE AND WEBSITES, YOUR CONNECTION TO THE SERVICE AND WEBSITES, YOUR VIOLATION OF THE TERMS OR FLTDEPARTMENT.COM’S PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE SERVICE AND WEBSITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

THIRD-PARTY LINKS AND SERVICE AND WEBSITES

The Service and Websites may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. FLTDepartment.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that FLTDepartment.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

MODIFICATION

FLTDepartment.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Websites (or any part thereof), with or without notice. You agree that FLTDepartment.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Websites.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

12.1 Application. You and FLTDepartment.com agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 12 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

12.2. Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at dispute-notice@FLTDepartment.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with FLTDepartment.com, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

12.3 Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 12.7 below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of FLTDepartment.com shall be finally settled by binding arbitration administered by the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS”). The JAMS rules will govern payment of all arbitration fees. FLTDepartment.com will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. FLTDepartment.com will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

12.4 Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

12.5 Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists your and FLTDepartment.com’s names and addresses, (iii) specify the amount of money in dispute, if applicable, (iv) identify the requested location for a hearing if an in-person hearing is requested, and (v) state what you want in the dispute; (b) send one copy of the Demand to JAMS, along with a copy of these Terms and the filing fee required by JAMS; and (c) Send one copy of the Demand for Arbitration to us at dispute-notice@FLTDepartment.com.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Snohomish County, Washington, United States, and you and FLTDepartment.com agree to submit to the personal jurisdiction of any federal or state court in Snohomish County, Washington, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

12.6 Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FLTDEPARTMENT.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

12.7 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in small claims court in Snohomish, Washington for disputes or claims within the scope of that court’s jurisdiction.

12.8 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to dispute-notice@FLTDepartment.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of your first use of the Service or within 30 days of changes to this section being announced on the Site. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, FLTDepartment.com also will not be bound by them.

12.9 Changes to This Section. FLTDepartment.com will provide thirty (30) days’ notice of any changes to this section by posting on the Service and Websites. Amendments will become effective thirty (30) days after they are posted on the Service and Websites or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Service and Websites.

12.10 Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Service and Websites.

CONTROLLING LAW AND SEVERABILITY

These Terms shall be construed in accordance with and governed by the laws of California notwithstanding its conflicts of law principles. Any dispute arising out of these terms and conditions or the use of this site shall be initiated and conducted in the state or federal courts of Snoh9omish County, Washington, and you and FLTDepartment.com consent to the exclusive jurisdiction of such courts.

GENERAL TERMS

14.2 No Waiver. No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of FLTDepartment.com to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

14.3 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

14.4 Statute of Limitations. Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service and Websites and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14.5 Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and FLTDepartment.com and govern your use of the Service and Websites, and supersede any prior agreements between you and FLTDepartment.com on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by FLTDepartment.com without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of FLTDepartment.com. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Service and Websites for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

14.6 Notices. We may deliver notice to you by e-mail, posting a notice on the Service and Websites or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address:

terms-questions@FLTDepartment.com.

QUESTIONS

If you have any questions about these Terms, please contact us at info@FLTDepartment.com

FLTDepartment.com Privacy Policy

Effective Date: November 1, 2018

FLTDepartment.com offers a variety of team productivity, collaboration, and organizational tools available online, including via a mobile application (collectively, the “Service”), and websites, including but not limited to www.FLTDepartment.com, (the “Websites”). As you use the Service and interact with the Websites, FLTDepartment.com collects and processes information from and about you in order to provide you with access to the Service, enhance your experience while using the Service, and interact with you. This Privacy Policy (the “Policy”) describes how FLTDepartment.com collects, uses, and discloses information collected through the Service and Websites, and what choices you have with respect to such information. The first section below explains which privacy terms are applicable to you depending on what type of user you are.

References to “FLTDepartment.com” throughout the Policy mean the FLTDepartment.com entity that acts as the data controller or data processor of your information, as explained in more detail below. If you do not agree with this Policy, do not access or use the Service, Websites, or any other part of FLTDepartment.com’s business.

If you have any questions about this Privacy Policy, please contact FLTDepartment.com at by emailing us at privacy@FLTDepartment.com.

This Privacy Policy contains the following sections:

I What Type of User am I and What Privacy Terms are Applicable to Me?

II Privacy Terms for Subscribers

III Privacy Terms for Free Users

IV Privacy Terms for Site Visitors

V Additional Privacy Terms for All Users

VI FLTDepartment.com Contact Info

What Type of User am I and Which Privacy Terms Are Applicable to Me?

Subscribers. We call users who use the Service as part of any tier of a paid FLTDepartment.com subscription plan “Subscribers.” The Service features and functionalities available to Subscribers are determined by the specific terms agreed to between FLTDepartment.com and the organization (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (for purpose of this Policy, the “Customer Agreement”). The Customer controls its instance of the Service and is the data controller of the information collected through the Service about Subscribers, and FLTDepartment.com is a data processor of such information. To go directly to the terms applicable to Subscribers, please click here.

Free Users. We call users who use a non-paid version of the Service “Free Users.” While Free Users can access and use the Service, they have access to a more limited set of Service features and functionality than Subscribers. FLTDepartment.com is the data controller of the information collected through the Service about Free Users. To go directly to the terms applicable to Free Users, please click here.

Site Visitors. We call users of the Websites “Site Visitors.” Site Visitors can be individuals who are simply browsing the Websites but who do not use the FLTDepartment.com Service; or, Site Visitors can be Free Users or Subscribers who visit the Websites to seek additional information about FLTDepartment.com. FLTDepartment.com is the data controller of the information collected through the Website about Site Visitors. To go directly to the terms applicable to Site Visitors please click here.

Privacy Terms for Subscribers
Overview

Section II of this Policy applies only to Subscribers.
If you are a Subscriber, the “Customer Agreement” governs the collection and processing of information collected from you through the Customer’s instance of the Service (e.g. a Customer’s organization or workspace, but for purposes of this Policy referred to as the “Workspace”), including all associated messages, attachments, files, tasks, projects and project names, team names, channels, conversations, and other content submitted through the Service (“Workspace Content”). In the event of a conflict between this Privacy Policy and the Customer Agreement, the Customer Agreement governs. Because the Customer controls the Workspace used by Subscribers, if you have any questions about the Customer’s specific Workspace settings and privacy practices, please contact the Customer whose Workspace you use. If you are a Subscriber located in the European Union, please note that the Customer is the data controller with respect to the processing of your Workspace Content pursuant to the EU General Data Protection Regulation (“GDPR”). When processing Workspace Content of EU data subjects governed by the Customer Agreement, FLTDepartment.com is the data processor, meaning that we collect and process such information solely on behalf of the Customer.

Collection and Use of Subscriber Information

Workspace Content. Workspace Content is collected, used, and shared by FLTDepartment.com in accordance with the Customer’s instructions, including any applicable terms in the Customer Agreement, or as required by applicable law. The Customer, and not FLTDepartment.com, determines its own, internal policies regarding storage, access, modification, deletion, sharing, and retention of Workspace Content which may apply to your use of the Service. For example, a Customer may provide or remove access to the Service, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign teams, or share projects. Please check with the Customer about the policies and settings that they have instituted with respect the Workspace Content that you provide when using the Service.

Account Information. To set up your FLTDepartment.com account, you or the Customer will provide us with basic information about you which may include your name, address, telephone number, email address, and password. You will then have the ability to provide optional profile information, such as a photograph or basic demographic data. With your permission, we may also upload calendar information stored on your mobile device to your account. If you submit payment information in connection with your use of the Service, we utilize a third party credit card payment processing company to collect payment information, including your credit card number, billing address, and phone number. In such circumstances, the third party service provider, and not FLTDepartment.com, stores your payment information on our behalf.

Service Usage Information. As you use the Service, we collect information about how you use and interact with the Service (“Service Usage Information”). Such information includes:

Device information – when you access the Service using a mobile device, we collect certain device information, including the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may also collect your MAC address and other unique device identifiers.

Log files – when you use the Service, our servers automatically record information in server log files. These log files may include information such as your web request, IP address, browser type and settings, referring/exit pages and URLs, number of clicks, date and time stamp information, language preferences, data from cookies and similar technologies, and other such information.

Location information – we collect and process general information about the location of the device from which you are accessing the Service (e.g., approximate geographic location inferred from an IP address).

Workspace Use Metadata – when you interact with the Service, metadata is generated that provides high-level (non-content) information about the way you work in your Workspace. For example, we may log the number of Workspaces you work in; the number of tasks to which you are assigned; the features and embedded Service content you interact with; the types of files you share; and what, if any, third party services and integrations you use.

Other Information. You may provide us with information when you interact with us in other ways, such as when you submit requests or questions to us via forms or email (e.g., support forms, sales forms, user research participation forms); information you provide in connection with FLTDepartment.com sweepstakes, contests, or research studies in which you choose to participate; beta testing; and requests for customer support and technical assistance (collectively, “Other Information”).

Information Collected from Third-Party Integrations. If you choose to use or connect to third-party integrations (e.g., OneDrive, Unito, Wufoo, Slack) through the Service, or if you are required or permitted to do so by a Customer, such third parties may allow us to have access to and store additional information about your interaction with those services as it relates to your use of the Service. If you initiate these connections, you also understand that we will share information about you that is required to enable your use of the third-party integration through the Service. If you do not wish to have this information shared, do not initiate these connections. By enabling these connections, you authorize us to connect and access the information provided through these connections, and you understand that the privacy policies of these third parties govern such connections.

How Does FLTDepartment.com Use Subscriber Information?

This section explains how FLTDepartment.com uses information collected from Subscribers.

Workspace Content. FLTDepartment.com may view and use Workspace Content collected from and about Subscribers only as necessary:

To maintain, provide and improve the Service

To prevent or address technical or security issues and resolve support requests

To investigate when we have a good faith belief, or have received a complaint alleging, that such Workspace Content is in violation of the Customer Agreement or our User Terms of Service

To comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Customer Agreement and our Law Enforcement Guidelines

As otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer

Account Information, Service Usage Information, Information from Third Party Integrations, and Other Information. FLTDepartment.com may use these categories of information collected from and about Subscribers to:

Maintain, provide, and improve the Service

Respond to your requests for information

Prevent or address technical or security issues and resolve support requests

Investigate in good faith alleged violations of our User Terms of Service

Comply with a valid legal subpoena, request, or other lawful process that meets the requirements of our Law Enforcement Guidelines

Help us better understand user interests and needs, and customize the Service for our users

Engage in analysis, research, and reports regarding use of the Service

Protect the Service and our users

Communicate with you via email and through the Service about important notices and updates regarding the Service, such as to inform you about changes in the Service, our service offerings, and important services-related notices, such as about security and fraud. Because these communications are an important part of the Service, you may not opt out of them

In accordance with applicable legal obligations, communicate with you about promotions, offers, and news about FLTDepartment.com. You have the ability to unsubscribe from such promotional communications

Provide cross-device management of your account. For example, we may locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Service. If you wish to opt out of the ability of one our service providers, Google Analytics, to locate you across devices in this way, you may install the Google Analytics Opt-out Browser Add-on by clicking here

Sharing of Subscriber Information

In accordance with the applicable Customer Agreement, we may share the information we collect from Subscribers as follows:

Affiliates and Subsidiaries. We may share the information we collect within the FLTDepartment.com family of companies.

Service Providers. We may provide access to or share your information with select third parties that use the information only to perform services on our behalf. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, analytics, data storage, security, fraud prevention, and other services.

Business Transactions. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Service can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as the acquiring party modifies it. If such transfer is subject to additional mandatory restrictions under applicable laws, FLTDepartment.com will comply with such restrictions.

Consistent with your settings within the Service. Please note that the Workspace Content you submit through the Service may be viewable by other users in your Workspace and within your organization, depending on the specific settings you and your organization have selected.

Aggregate De-Identified Data

We may aggregate and/or de-identify information collected through the Service so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and analytics, and may also share such data with any third parties, including partners, affiliates, services providers, and others.

Combined Information

We may combine the information that we collect through the Service with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Policy and the Customer Agreement.

Data Retention

We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law, or where the Customer Agreement requires or permits specific retention or deletion periods.

Data Subject Rights

Please contact your Workspace owner(s) or administrator(s) to exercise any data subject rights you have under applicable local laws, including your ability to access, delete, rectify, transfer, or object under the GDPR.

III. Privacy Terms for Free Users

Overview

Section III of this Policy applies only to Free Users of the Service. If you are a Free User located in the European Union, FLTDepartment.com is the data controller with respect to the processing of your personal data pursuant to the GDPR.

Collection and Use of Free User Information

Information You Provide to FLTDepartment.com. FLTDepartment.com collects the following information submitted directly through the Service by Free Users:

The messages, attachments, files, tasks, project names, team names, channels, conversations, and other content submitted through the Service (collectively, the “Workspace Content”);

Information you provide as part of your account registration with FLTDepartment.com, which may include your name, organization name, address, telephone number, email address, username and password; optional information that you may choose to provide, such as a photograph or basic demographic data; and, with your permission, calendar information stored on your mobile device that you may elect to upload to your account (collectively, the “Account Information”); and

Information you provide in other interactions with us, such as requests or questions you submit to us via forms or email (e.g., support forms, sales forms, user research participation forms), information you provide in connection with FLTDepartment.com sweepstakes, contests, or research studies in which you choose to participate; beta testing; and requests for customer support and technical assistance (collectively, “Other Information”).

Service Usage Information. As you use the Service, we collect a variety of information about how you use and interact with the Service (“Service Usage Information”). Such information includes:

Log files – when you use the Service, our servers automatically record certain information in server log files. These log files may include information such as your web request, IP address, browser type and settings, referring / exit pages and URLs, number of clicks, date and time stamp information, language preferences, data from cookies and similar technologies, and other such information.

Information Collected from Third Party Integrations. If you choose to use or connect to third-party integrations (e.g., OneDrive, Unito, Wufoo, Slack) through the Service, such third parties may allow us to have access to and store additional information about your interaction with those services as it relates to your use of the Service. Moreover, if you initiate these connections, you also understand that we will share information about you that is required to enable your use of the third-party integration through the Service. If you do not wish to have this information shared, do not initiate these connections. By enabling these connections, you authorize us to connect and access the information provided through these connections, and you understand that the privacy policies of these third parties govern such connections.

Information Collected from Other Third Parties. FLTDepartment.com may receive additional information about you, such as demographic information, from affiliates under common ownership and control, and from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may use to supplement the information that we collect directly from you.

Use of Free User Information

FLTDepartment.com may use the information collected from Free Users to: – Maintain, provide, and improve the Service – Respond to your requests for information – Prevent or address technical or security issues and resolve support requests – Investigate in good faith alleged violations of our User Terms of Service – Comply with a valid legal subpoena, request, or other lawful process that meets the requirements of our Law Enforcement Guidelines – Help us better understand user interests and needs, and customize the Service for our users – Engage in analysis, research, and reports regarding use of the Service – Protect the Service and our users – Communicate with you via email and through the Service about important notices and updates regarding the Service, such as to inform you about changes in the Service, our service offerings, and important services-related notices, such as about security and fraud. Because these communications are an important part of the Service, you may not opt out of them – In accordance with applicable legal obligations, communicate with you about promotions, offers, and news about FLTDepartment.com. You have the ability to unsubscribe from such promotional communications – Provide cross-device management of your account. For example, we may locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Service. If you wish to opt out of the ability of one our service providers, Google Analytics, to locate you across devices in this way, you may install the Google Analytics Opt-out Browser Add-on by clicking here

Legal Bases for Use of Your Information

Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the User Terms of Service which you accept by using the Service)

Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our Service; operate our Service; prevent fraud, analyze use of and improve our Service, and for similar purposes)

Where use of your information is necessary to comply with a legal obligation

Where we have your consent to process data in a certain way

Sharing of Free User Information

We share the information we collect through the Service about Free Users with the following:

Affiliates and Subsidiaries. We may share the information we collect within the FLTDepartment.com family of companies.

Service Providers. We may provide access to or share your information with select third parties that use the information only to perform services on our behalf. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, advertising, analytics, research, data storage, security, fraud prevention, and other services.

Business Transfers. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Websites can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as this Policy is updated or amended by the acquiring party upon notice to you. If such transfer is subject to additional mandatory restrictions under applicable laws, FLTDepartment.com will comply with such restrictions.

Consent. We may also disclose your information to third parties with your consent to do so.

Consistent with your settings within the Service. Please note that the Workspace Content you submit through the Service may be viewable by other users in your Workspace, depending on the specific settings you have selected.

Aggregate De-Identified Data

We may aggregate and/or de-identify information collected through the Service so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.

Combined Information

For the purposes discussed in this Policy, we may combine the information that we collect through the Service with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Policy.

Data Retention

We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

Data Subject Rights

provide access to and/or a copy of certain information we hold about you

prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)

update information which is out of date or incorrect

delete certain information which we are holding about you

restrict the way that we process and disclose certain of your information

transfer your information to a third party provider of services

revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

Privacy Terms for Site Visitors
Overview

Section IV of this Policy applies only to Site Visitors.
If you visit the Websites, regardless of whether you are also a user of the Service, the following rules apply to you. To eliminate any confusion, please note that the terms in this section apply only to use of FLTDepartment.com’s Websites, not to use of the Service.
If you are a Site Visitor located in the European Union, FLTDepartment.com is the data controller with respect to the processing of your personal data pursuant to the EU General Data Protection Regulation (“GDPR”).

Collection and Use of Site Visitor Information

Information Collected from Site Visitors

When you use the Websites, we collect the following information about you:

Contact Information – if you submit a request for information or a question through the Websites, you may be asked to provide us with basic information including your name, email address, phone number, and postal address. We will also keep records of the communication, the question/request you raised, and how it was resolved. If you choose to participate in an FLTDepartment.com sweepstakes, contest, or research study offered through the Websites, we will also collect basic contact information from you in connection with such activity.

Websites Usage Information – as you browse the Websites, we and our service providers (which are third party companies that work on our behalf to provide and enhance the Websites) use a variety of technologies, including cookies and similar tools, to assist in collecting information about how you use the Websites. For example, our servers automatically record certain information in server logs. These server logs may include information such as your web request, IP address, browser type and settings, referring / exit pages and URLs, number of clicks and how you interact with links on the Websites, domain names, landing pages, pages viewed, mobile carrier, mobile device identifiers and information about the device you are using to access the Websites, date and time stamp information and other such information.

Location Information – We collect and process general information about the location of the device from which you are accessing the Service (e.g., approximate geographic location inferred from an IP address).

Cookies and Similar Technologies

To collect the Websites Usage Information discussed above, we and our service providers use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. A web server log is a file where website activity is stored. An SDK is a section of code that we embed in our applications and software to allow third parties to collect information about how users interact with the Websites. A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer and login session; (ii) store your preferences and settings; (iii) understand which pages of the Websites you have visited; (iv), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform analytics; and (vi) assist with security and administrative functions. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, email open rates, measure popularity of the Websites and associated advertising, and to access user cookies. As we adopt additional technologies, we may also gather information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari).

Use of Information Collected from Site Visitors

We use the information collected from Site Visitors for a variety of purposes including to:

Maintain, provide, and improve the Websites and the Service

Respond to your requests for information

Prevent or address technical or security issues

Investigate in good faith alleged violations of our User Terms of Service

Help us better understand Site Visitor interests and needs, and customize the advertising and content you see on the Websites

Engage in analysis and research regarding use of the Websites and the Service

Legal Bases

If you are located in the EU, please note that the legal bases under the GDPR for using the information we collect through your use of the Websites as a Site Visitor are as follows:

Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the User Terms of Service which you accept by browsing the Websites)

Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our Websites; operate our Websites; prevent fraud, analyze use of and improve our Websites, and for similar purposes)

Where use of your information is necessary to comply with a legal obligation

Where we have your consent to process data in a certain way

Aggregate/De-Identified Data

We may aggregate and/or de-identify information collected through the Websites so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.

Combined Information

You agree that, for the purposes discussed in this Policy, we may combine the information that we collect through the Websites with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Policy. If, however, the collection of any information about you is governed by a Customer Agreement, information will only be combined and used in accordance with such Customer Agreement and the sections of this Policy applicable to Subscribers.

Website Analytics and Advertising

Online Advertising The Websites may integrate third-party advertising technologies that allow for the delivery of relevant content and advertising on the Websites, as well as on other websites you visit. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.

Third parties, whose products or services are accessible or advertised via the Websites, may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you as discussed above. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to serve tailored ads to you on our Websites and other websites and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Websites. We sometimes provide Site Visitor information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites.

We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Websites by such non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Please note that if you exercise the opt-out choices above, you will still see advertising when you use the Websites, but it will not be tailored to you based on your online behavior over time.

Notice Concerning Do Not Track Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our Websites for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.

Sharing of Site Visitor Information

We share the information we collect through the Websites with the following:

Affiliates and Subsidiaries. We may share the information we collect within the FLTDepartment.com family of companies.

Service Providers. We may provide access to or share your information with select third parties that use the information only to perform services on our behalf. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, advertising, analytics, research, data storage, security, fraud prevention, and other services.

Public Forums. The Websites makes it possible for you to upload and share comments or feedback publicly with other users, such as on the FLTDepartment.com community forum. Any information that you submit through such public features is not confidential, and FLTDepartment.com may use it for any purpose (including in testimonials or other FLTDepartment.com marketing materials). Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Such information can be read, collected and/or used by other users, and it could be used to send you unsolicited messages. Accordingly, please take care when using these features of the Websites.

Consent. We may also disclose your information to third parties with your consent to do so.

Retention of Your Information

We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

Data Subject Rights

provide access to and/or a copy of certain information we hold about you

prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)

update information which is out of date or incorrect

delete certain information which we are holding about you

restrict the way that we process and disclose certain of your information

transfer your information to a third party provider of services

revoke your consent for the processing of your information

Third Party Links And Services

The Websites may contain links to third-party websites and functionalities. If you choose to use these third party services, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. Because these third-party websites and services are not operated by FLTDepartment.com, FLTDepartment.com is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third party websites or services, and not this Policy. We urge you to read the privacy and security policies of these third-parties.

Additional Privacy Terms for All Users

The following additional information about FLTDepartment.com’s privacy practices apply to all users of FLTDepartment.com (Subscribers, Free Users, and Site Visitors).

International Users

We may transfer information that we collect about you to third party processors across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. FLTDepartment.com will take reasonable and appropriate steps necessary to ensure that any third party who is acting as a “data processor” under EU and Swiss terminology is processing the personal data we entrust to them in a manner that is consistent with the EU-US and Swiss-US Privacy Shield Principles. FLTDepartment.com is potentially liable in cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US and Swiss-US Privacy Shield, respectively.

Changes To Our Privacy Policy

We reserve the right to amend this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Service or Websites, or advances in technology. We will make the revised Policy accessible through the Service and Websites, so you should review the Policy periodically. If we make a material change to the Policy, we will comply with applicable legal requirements regarding providing you with notice and/or consent.

How We Protect Your Information

FLTDepartment.com takes technical and organizational measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure, and thus we cannot ensure or warrant the security of that information.

Marketing Practices and Choices

If you receive email from us, we may use certain analytics tools, such as clear GIFs, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns. You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us at the “FLTDepartment.com Contact Info” section below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Policy or as required by applicable law. For example, you may not opt out of certain operational or service-related emails, such as those reflecting our relationship or transactions with you.

California Privacy Rights

California law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined by applicable California law) with third parties for their direct marketing purposes. However, FLTDepartment.com does not share your personal information with third parties for their own direct marketing purposes.

FLTDepartment.com Contact Info

If you wish to contact us or have any questions about or complaints in relation to this Policy, please contact us at privacy@FLTDepartment.com.

Subscriber Agreement

Last Updated: November 30, 2018

This Subscriber Agreement (the “Agreement”) is entered into by and between FLTDepartment.com LLC. (“FLTDepartment.com”) and the organization agreeing to the terms of this Agreement (“Customer”). This Agreement shall be effective on the earliest of (a) the date Customer clicks a button indicating its agreement with the terms of this Agreement; (b) Customer entering into an Order Form or similar form referencing or otherwise incorporating this Agreement; or (c) Customer’s use of the Service (the “Effective Date”). If you are entering into this Agreement on behalf of your organization, that organization is deemed to be the Customer and you represent that you have the power and authority bind that organization to this Agreement. This Agreement applies to you if you are a new Customer on or after November 30, 2018.

1 The Service.

1.1 Provision of the Service. FLTDepartment.com shall make the Service purchased under an Order Form available to Customer and its End Users pursuant to this Agreement during the applicable Subscription Term. The Service includes the features and functionality applicable to the version of the Service ordered by Customer. FLTDepartment.com may update the content, functionality, and user interface of the Service from time to time in its sole discretion.

1.2 Access Rights. Customer has a non-exclusive, non-sublicenseable, non-transferable (except as specifically permitted in this Agreement) right to access and use the Service pursuant to this Agreement during the applicable Subscription Term, solely for Customer’s internal business purposes subject to the limitations set forth in the Order Form.

1.3 Usage Restrictions. Customer shall not (a) make the Service available to, or use any Service for the benefit of, anyone other than Customer and its Affiliates; (b) rent, sublicense, re-sell, assign, transfer, distribute, time share, or similarly exploit the Service; (c) reverse engineer, copy, modify, adapt, hack the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) access the Service, the Documentation, or FLTDepartment.com’s Confidential Information to build a competitive product or service; (e) alter or remove, or permit any third party to alter or remove, any proprietary trademark or copyright markings incorporated in, marked on, or affixed to the Service; (f) allow End User Subscriptions to be shared or used by more than one individual End User (except that End User Subscriptions may be reassigned to new End Users replacing individuals who no longer use the Service for any purpose, whether by termination of employment or other change in job status or function); or (g) access or use the Service: (i) to send or store infringing, obscene, threatening, or otherwise unlawful material, including material violative of third-party privacy rights; (ii) in violation of applicable laws; (iii) to send or store material knowingly or intentionally containing software viruses, worms, Trojan horses or other harmful computer code, files, or scripts; or (iv) in a manner that interferes with or disrupts the integrity or performance of the Service (or the data contained therein).

1.4 Protection of Customer Data. FLTDepartment.com shall implement and maintain administrative, organizational, and technical safeguards designed for the protection, confidentiality, and integrity of Customer Data. If Customer Data includes personal data defined by EU Regulation 2016/679 (the General Data Protection Regulation or “GDPR”) and/or if such Customer Data is transferred outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, the terms of the FLTDepartment.com Data Processing Addendum shall apply to such personal data and be incorporated into this Agreement upon the execution and submission of the Data Processing Addendum by Customer to FLTDepartment.com in accordance with its terms. FLTDepartment.com’s Data Processing Addendum may be accessed at https://fltdepartment.com/terms#data-processing.

1.5 Administration of Customer’s Account. Customer acknowledges that it retains administrative control over to whom it grants access to Customer Data hosted in the Service. Customer may specify an End User to be the billing owner and, depending on the Subscription, one or more End Users to be administrators (each an “Administrator”) to manage its account, and FLTDepartment.com is entitled to rely on communications from an Administrator when servicing Customer’s account. Depending on the version purchased by Customer, Customer’s Administrator(s) may have the ability to access, monitor, use, and/or export Customer Data. Customer is responsible for maintaining the security of End User accounts and passwords.

1.6 Compliance. Customer is responsible for use of the Service by its End Users and for their compliance with this Agreement. Customer is solely responsible for the accuracy, quality, legality, reliability, and appropriateness of all Customer Data. Customer shall ensure that it is entitled to transfer the relevant Customer Data to FLTDepartment.com so that FLTDepartment.com and its service providers may lawfully use, process, and transfer the Customer Data in accordance with this Agreement on Customer’s behalf. Customer shall promptly notify FLTDepartment.com if it becomes aware of any unauthorized use of or access to Customer’s account or the Service.

1.7 Suspension. FLTDepartment.com may request that Customer suspend the account of any End User who (a) violates this Agreement or FLTDepartment.com’s User Terms of Service; or (b) is using the Service in a manner that FLTDepartment.com reasonably believes may cause a security risk, a disruption to others’ use of the Service, or liability for FLTDepartment.com. If Customer fails to promptly suspend or terminate such End User’s account, FLTDepartment.com reserves the right to do so.

1.8 Customer’s Use of Third Party Services. Customer may install or enable third party services for use with the Service, such as online applications, offline software products, or services that utilize the FLTDepartment.com API in connection with Customer’s use of the Service (“Third Party Services”). Any acquisition and use by Customer or its End Users of such Third Party Services is solely the responsibility of Customer and the applicable third party provider. Customer acknowledges that providers of such Third Party Services may have access to Customer Data in connection with the interoperation and support of such Third Party Services with the Service. To the extent Customer authorizes the access or transmission of Customer Data through a Third Party Service, FLTDepartment.com shall not be responsible for any use, disclosure, modification, or deletion of such Customer Data or for any act or omission on the part of the third party provider or its service.

1.9 Trial Subscriptions. Customer may access a version of the Service on a trial basis (a “Trial”) subject to the terms of this Agreement; provided, however, the following additional terms shall apply to its Trial notwithstanding anything to the contrary herein: (a) FLTDepartment.com shall have the right to terminate a Trial at any time and for any reason; (b) FLTDepartment.com is providing the Service “as is” and makes no warranties (express or implied) of any kind with respect to the Service during the Trial; and (c) FLTDepartment.com shall have no obligation to indemnify Customer. CUSTOMER ACKNOWLEDGES THAT ITS TRIAL WILL AUTOMATICALLY CONVERT TO A SUBSCRIPTION AT THE END OF THE TRIAL AND THAT FLTDEPARTMENT.COM MAY CHARGE CUSTOMER FOR THE APPLICABLE SUBSCRIPTION FEES UNLESS CUSTOMER HAS NOTIFIED FLTDEPARTMENT.COM IN WRITING OF ITS DECISION TO OPT OUT DURING THE TRIAL.

2 Warranties.

2.1 By FLTDepartment.com. FLTDepartment.com warrants that during the applicable Subscription Term (a) the Service shall perform materially in accordance with the applicable Documentation; and (b) FLTDepartment.com shall not materially decrease the functionality of the Service.

2.2 By Customer. Customer warrants that (a) this Agreement is legally binding upon it and enforceable in accordance with its terms; (b) it has obtained all legally required consents and permissions from End Users for the submission and processing of personal data through the Service; and (c) the transfer and processing of Customer Data under the Agreement is lawful.

2.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROFESSIONAL SERVICES, SERVICE, AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND FLTDEPARTMENT.COM AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT FLTDEPARTMENT.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FLTDEPARTMENT.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION, OR OTHER DAMAGE RESULTING FROM MATTERS OUTSIDE OF ITS CONTROL, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS, AND THIRD PARTY HOSTING SERVICE PROVIDERS.

3 Fees and Payment.

3.1 Subscription Fees. Customer’s Subscription fees are set forth in the applicable Order Form and are based on the number of End Users and version of the Service purchased. Customer shall pay all fees when due and is responsible for providing complete and accurate billing information to FLTDepartment.com. If such fees are being paid via credit card or other electronic means, Customer authorizes FLTDepartment.com to charge such fees using Customer’s selected payment method. Payment obligations are non-cancelable and fees paid are non-refundable unless otherwise provided herein. The number of End Users purchased under a Subscription cannot be decreased during the applicable Subscription Term. If Customer requires the use of a purchase order or purchase order number, Customer shall provide the purchase order number at the time of purchase. Where Customer designates use of a third-party payment processor network (such as a payment agent, for example), Customer shall be responsible for payment of all fees and charges associated with use of such network. FLTDepartment.com reserves the right to suspend Customer’s account, in addition to all of its other available rights and remedies, in the event that Customer’s account becomes overdue. Suspension shall not relieve Customer’s obligation to pay amounts due.

3.2 Auto-renewal. Customer agrees that its Subscription will automatically renew on an annual or monthly basis depending on Customer’s Subscription (the “Renewal Date”). Customer authorizes FLTDepartment.com to automatically charge Customer for the applicable fees on or after the Renewal Date unless the Subscription has been terminated or cancelled in accordance with this Agreement. If Customer wishes to reduce the number of End Users in its Subscription, it must do so prior to the Renewal Date. Customer must cancel its Subscription prior to the Renewal Date in order to avoid billing of the next period’s Subscription fees. Customer can cancel its Subscription anytime online by going into its account settings and following the instructions provided. If Customer chooses to cancel its Subscription during the Subscription Term, Customer may use the Service until the end of Customer’s then-current Subscription Term, but will not be issued a refund for the most recently (or any previously) charged fees.

3.3 Calculation. Subscription fees are based on annual or monthly periods (or pro rata portions thereof, calculated on a daily basis) that begin on the Subscription start date and each annual or monthly anniversary thereof. Subscriptions to the Service are sold on a tiered basis based on the number of End Users. Customer shall purchase a Subscription to the Service for each End User, and the initial number of End Users and tier is reflected in the applicable Order Form. Customer may add End Users to its Subscription at any time on written notice to FLTDepartment.com (email notice acceptable). FLTDepartment.com reserves the right to calculate the total number of End Users periodically and, if the number of End Users exceeds Customer’s current Subscription, then FLTDepartment.com reserves the right to invoice Customer for the applicable tier on a pro rata basis for the remaining period in Customer’s Subscription Term, so that all End User Subscription Terms coincide and are co-terminus. FLTDepartment.com reserves the right to revise fee rates and/or the billable amount structure for the Service at any time and will provide Customer with notice pursuant to Section 11.4 below) of any such changes at least twenty (20) days prior. FLTDepartment.com may charge Customer the then-current pricing for the applicable Subscription if the number of End Users is modified and/or if Customer changes its Subscription plan.

3.4 Taxes. Any fees charged to Customer are exclusive of taxes. Except for those taxes based on FLTDepartment.com’s net income, Customer shall be responsible for all applicable taxes in connection with this Agreement including, but not limited to, sales, use, excise, value-added, goods and services, consumption, and other similar taxes or duties. Should any payment for the Service be subject to withholding tax by any government, Customer shall reimburse FLTDepartment.com for such withholding tax.

3.5 Future Features and Functionality. Customer agrees that any purchases under this Agreement are not contingent on the delivery of any future feature or functionality or dependent on any oral or written public or private comments made by FLTDepartment.com regarding future features or functionality. FLTDepartment.com may release Improvements and other features and functionality in its discretion. Some features and functionality may be available only with certain versions of the Service.

4 Term and Termination. This Agreement commences on the Effective Date and shall remain in effect until all Subscriptions to the Service granted in accordance with this Agreement have expired or been terminated. Either party may terminate this Agreement if the other party: (a) is in material breach of this Agreement and fails to cure such breach within twenty (20) days following receipt of written notice from the non-breaching party, except that termination will take effect on notice in the event of a breach of Section 1.3 (“Usage Restrictions”); or (b) ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within sixty (60) days. Upon expiration or termination of this Agreement for any reason, all Subscriptions and any other rights granted to Customer under this Agreement shall immediately terminate, and FLTDepartment.com may immediately deactivate Customer’s account(s) associated with the Agreement. In no event will any termination relieve Customer of the obligation to pay any fees accrued or payable to FLTDepartment.com. The following sections shall survive expiration or termination of this Agreement: Sections 1.3 (“Usage Restrictions”), 2 (“Warranties”), 3.1 (“Subscription Fees”), 3.4 (“Taxes”), 4 (“Term and Termination”), 5 (“Confidentiality”), 6 (“Intellectual Property Rights”), 7 (“Indemnification”), 8 (“Liability”), 9 (“Export Compliance”), 10 (“Use Outside the United States of America”), 11 (“Miscellaneous”), and 12 (“Definitions”).

5 Confidentiality.

5.1 Definition of Confidential Information. During the course of performance under this Agreement, each party may make available to the other party information that is not generally known to the public and at the time of disclosure is either identified as, or should reasonably be understood by the receiving party to be, proprietary or confidential (the “Confidential Information”). Confidential Information specifically includes, but is not limited to, the Service, any Order Form(s) entered into by the parties, Customer Data, Results, business plans, product plans and roadmaps, strategies, forecasts, projects and analyses, financial information and fee structures, business processes, methods and models, and technical documentation. Confidential Information does not include information that (a) is or becomes publicly available without breach of this Agreement by the receiving party; (b) was known to the receiving party prior to its disclosure by the disclosing party; (c) is or was independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (d) is or was lawfully received by the receiving party from a third party under no obligation of confidentiality.

5.2 Protection of Confidential Information. Except as otherwise expressly permitted under this Agreement, with the express prior written consent of the disclosing party, or as required by law, the receiving party will not disclose, transmit, or otherwise disseminate to a third party any Confidential Information of the disclosing party. The receiving party will use the same care and discretion with respect to the Confidential Information received from the disclosing party as it uses with its own similar information, but in no event less than a reasonable degree of care. The receiving party may disclose the disclosing party’s Confidential Information to its employees, Affiliates, consultants, subcontractors, agents, or advisors (“Representatives”) who have a strict need to access the Confidential Information for the purpose of performing under this Agreement and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement. Either party may disclose the terms of this Agreement to potential parties to a bona fide fundraising, acquisition, or similar transaction solely for purposes of the proposed transaction, provided that any such potential party is subject to written non-disclosure obligations and limitations on use no less protective than those set forth herein.

5.3 Equitable Relief. The receiving party acknowledges that the remedy at law for breach of this Section 5 may be inadequate and that, in addition to any other remedy the disclosing party may have, it shall be entitled to seek equitable relief, including, without limitation, an injunction or injunctions (without the requirement of posting a bond, other security or any similar requirement or proving any actual damages), to prevent breaches or threatened breaches of this Section 5 by the receiving party or any of its Representatives and to enforce the terms and provisions of this Section 5 in addition to any other remedy to which the disclosing party is entitled at law or in equity.

5.4 Compelled Disclosure. The receiving party may access and disclose Confidential Information of the disclosing party if legally required to do so in connection with any legal or regulatory proceeding; provided, however, that in such event the receiving party will, if lawfully permitted to do so, notify the disclosing party within a reasonable time prior to such access or disclosure so as to allow the disclosing party an opportunity to seek appropriate protective measures. If the receiving party is compelled by law to access or disclose the disclosing party’s Confidential Information as part of a civil proceeding to which the disclosing party is a party, the disclosing party will reimburse the receiving party for the reasonable costs of compiling and providing secure access to such Confidential Information. Receiving party will furnish only that portion of the Confidential Information that is legally required to be disclosed, and any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally compelled disclosure.

5.5 Sensitive/Personal Information. Customer agrees that it shall not use the Service to send or store personal information subject to special regulatory or contractual handling requirements (e.g., Payment Card Industry Data Security Standards, the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act, and any similar data protection laws) including without limitation: credit card information, credit card numbers and magnetic stripe information, social security numbers, driver’s license numbers, passport numbers, government issued identification numbers, health-related information, biometric data, financial account information, personally identifiable information collected from children under the age of 13 or from online services directed toward children, and real time geo-location data which can identify an individual, or information deemed “sensitive” under applicable law (such as racial or ethnic origin, political opinions, or religious or philosophical beliefs).

6 Intellectual Property Rights.

6.1 By Customer. Customer owns all right, title, and interest in and to Customer Confidential Information and Customer Data, including all related Intellectual Property Rights. Customer grants FLTDepartment.com and its authorized third party service providers a worldwide, non-exclusive license to host, copy, access, process, transmit, and display Customer Data: (a) to maintain, provide, and improve the Service and perform under this Agreement; (b) to prevent or address technical or security issues and resolve support requests; (c) to investigate in good faith an allegation that an End User is in violation of this Agreement or the FLTDepartment.com User Terms of Service; or (d) at Customer’s direction or request or as permitted in writing by Customer.

6.2 By FLTDepartment.com. FLTDepartment.com owns and will continue to own all right, title, and interest, including all related Intellectual Property Rights, in and to its Confidential Information, Results, and the Service, including any enhancements, customizations, or modifications thereto. Where Customer purchases Professional Services hereunder, FLTDepartment.com grants to Customer a non-sublicensable, non-exclusive license to use any reports and other materials developed by FLTDepartment.com as a result of the Professional Services (“Results”) solely in conjunction with Customer’s authorized use of the Service and in accordance with this Agreement.

6.3 Suggestions. FLTDepartment.com welcomes feedback from its customers about the Service and Professional Services. If Customer (including any End User) provides FLTDepartment.com with any feedback or suggestions regarding the Service or Professional Services (“Feedback”), FLTDepartment.com may use, disclose, reproduce, sublicense, or otherwise distribute and exploit the Feedback without restriction or any obligation to Customer or any End User provided that FLTDepartment.com shall not identify Customer or any End User as the source of such Feedback.

7 Indemnification.

7.1 By Customer. Customer shall defend FLTDepartment.com, its Affiliates, and their employees, officers, and directors (together, the “FLTDepartment.com Indemnified Parties”) from and against third party claims, actions, and demands arising from allegations that Customer Data, unauthorized use of the Service by Customer or its End Users, or FLTDepartment.com’s processing of data pursuant to Customer’s instructions infringes a third party’s Intellectual Property Right or privacy right (each, a “Claim Against FLTDepartment.com”), and Customer shall indemnify and hold the FLTDepartment.com Indemnified Parties harmless against any damages, reasonable attorneys’ fees, and costs finally awarded against FLTDepartment.com Indemnified Parties as a result of, or for any amounts paid by the FLTDepartment.com Indemnified Parties under a Customer-approved settlement of, a Claim Against FLTDepartment.com.

7.2 By FLTDepartment.com. FLTDepartment.com shall defend Customer, its Affiliates, and their employees, officers, and directors (together the “Customer Indemnified Parties”) from and against third party claims, actions, and demands alleging that Customer’s authorized use of the Service infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of that third party (each, a “Claim Against Customer”), and FLTDepartment.com shall indemnify and hold the Customer Indemnified Parties harmless against any damages, reasonable attorneys’ fees, and costs finally awarded against Customer Indemnified Parties as a result of, or for any amounts paid by the Customer Indemnified Parties under an FLTDepartment.com-approved settlement of, a Claim Against Customer; provided, however, in no event will FLTDepartment.com have any obligations or liability under this Section 7.2 to the extent a Claim Against Customer arises from: (a) Customer or any End User’s use of the Service other than as permitted under this Agreement; or (b) use of the Service in a modified form or in combination with products, services, content, or data not furnished to Customer by FLTDepartment.com.

7.3 Potential Infringement. If the Service becomes, or in FLTDepartment.com’s reasonable judgment is likely to become, the subject of a claim of infringement, then FLTDepartment.com may in its sole discretion: (a) obtain the right, at FLTDepartment.com’s expense, for Customer to continue using the Service; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Service so that it is no longer infringing. If FLTDepartment.com, in its sole and reasonable judgment, determines that none of the above options are commercially reasonable, then FLTDepartment.com may suspend or terminate Customer’s use of the Service, in which case FLTDepartment.com’s sole liability (in addition to its obligations under Section 7.2) shall be to provide Customer with a prorated refund of any prepaid, unused fees applicable to the remaining portion of the Subscription Term. Sections 7.2 and 7.3 state FLTDepartment.com’s sole liability and the Customer Indemnified Parties’ exclusive remedy for infringement claims.

7.4 Indemnification Process. The party seeking indemnification shall provide prompt notice to the indemnifying party concerning the existence of an indemnifiable claim and shall promptly provide the indemnifying party with all information and assistance reasonably requested and otherwise cooperate fully with the indemnifying party in defending the claim. Failure to give prompt notice shall not constitute a waiver of a party’s right to indemnification and shall affect the indemnifying party’s obligations under this Agreement only to the extent that the indemnifying party’s rights are materially prejudiced by such failure or delay. The indemnifying party shall have full control and authority over the defense of any claim; provided, however, that any settlement requiring the party seeking indemnification to admit liability or make any financial payment shall require such party’s prior written consent, not to be unreasonably withheld or delayed.

8 Liability.

8.1 Limitation of Liability. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7 (“INDEMNIFICATION”), IN NO EVENT SHALL EITHER PARTY’S OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY CUSTOMER HEREUNDER IN THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.

8.2 Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES, OR LOSS OF USE, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8.3 The provisions of this Section 8 allocate the risks under this Agreement between the parties, and the parties have relied on these limitations in determining whether to enter into this Agreement.

9 Export Compliance. The Service may be subject to export laws and regulations of the United States and other jurisdictions. Customer represents that neither it nor any of its End Users are named on any U.S. government denied-party list. Customer shall not permit any End User to access or use any Service in a U.S.-embargoed country or region or in violation of any U.S. export law or regulation. Customer and its End Users shall not use the Service to export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations that may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction Customer operates or does business.

10 Use Outside the United States of America. The Service is controlled and operated by FLTDepartment.com from its offices in the United States of America. Except as explicitly set forth herein, FLTDepartment.com makes no representations that the Services are appropriate for use in other jurisdictions. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws. FLTDepartment.com may offer services in other jurisdictions that are subject to different terms and conditions. In such instances, the terms and conditions governing those non-U.S. services shall take precedence over any conflicting provisions in this Agreement.

11 Miscellaneous.

11.1 Prior Versions. If you were an existing Customer prior to November 30, 2018, the prior version of this Agreement you agreed to when subscribing to the Service will continue to apply to you until you are otherwise notified in accordance with the terms of that agreement.

11.2 Governing Law; Venue. This Agreement and any disputes arising under it will be governed by the laws of the State of California without regard to its conflict of laws provisions, and each party consents to the personal jurisdiction and venue of the state or federal courts located in Snohomish, Washington. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

11.3 Informal Dispute Resolution and Arbitration. The parties agree that most disputes can be resolved without resort to litigation. The parties agree to use their best efforts to settle any dispute directly through consultation with each other before initiating a lawsuit or arbitration. If, after good faith negotiations the parties are unable to resolve the dispute, the parties agree that any and all disputes arising out of or in any way relating to this Agreement, including without limitation its existence, validity or termination, shall be resolved according to California law and exclusively by binding arbitration before a single arbitrator with the Judicial Arbitration and Mediation Service (JAMS) and pursuant to the then existing arbitration rules at JAMS. If the parties cannot agree upon selection of an arbitrator, then JAMS shall appoint an arbitrator experienced in the enterprise software industry. The place of the arbitration will be Snohomish, Washington unless otherwise agreed upon by the parties. The arbitration will be conducted in English. The arbitrator shall provide detailed written findings of fact and conclusions of law in support of any award. Judgment upon any such award may be enforced in any court of competent jurisdiction. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth herein is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the portions of Section 11.3 mandating arbitration shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. Customer may opt out and not be bound by the arbitration and class action waiver provisions by sending written notice to FLTDepartment.com. The notice must be sent within thirty (30) days of the Effective Date of this Agreement between Customer and FLTDepartment.com. If Customer opts out of arbitration, FLTDepartment.com also will not be bound to arbitrate. Notwithstanding the foregoing, either party shall be entitled to seek injunctive relief as set forth in Section 5.3 (“Equitable Relief”) above and to stop unauthorized use of the Service or infringement of Intellectual Property Rights. Disputes, claims, or controversies concerning either party’s Intellectual Property Rights or claims of piracy or unauthorized use of the Service shall not be subject to arbitration. The parties further agree that the prevailing party in any action or proceeding to enforce any right or provisions under this Agreement, including any arbitration or court proceedings, will be entitled to recover its reasonable costs and attorneys’ fees.

11.4 Notice. FLTDepartment.com may give general notices related to the Service that are applicable to all customers by email, text, in-app notifications, or by posting them on the FLTDepartment.com website or through the Service and such electronic notices shall be deemed to satisfy any legal requirement that such notices be made in writing. Other notices must be sent via email, first class, airmail, or overnight courier to the addresses of the parties provided herein or via an Order Form and are deemed given when received. Notices to FLTDepartment.com must be sent to FLTDepartment.com Legal at legal@FLTDepartment.com with a copy to FLTDepartment.com LLC., Attn: Legal Dept.

11.5 Publicity. FLTDepartment.com may include Customer’s name and logo in FLTDepartment.com’s online customer list and in print and electronic marketing materials.

11.6 Beta Access. Customer may be invited to participate in review and testing of pre-release versions of new and beneficial tools and Service enhancements which may be identified to Customer as “alpha,” “beta,” “preview,” “pre-release,” “early access,” or “evaluation” product or services (collectively, the “Beta Tests” and such pre-release functionality, the “Beta Product”). Customer acknowledges and understands that its participation in Beta Tests is not required and is at Customer’s own risk, and that Beta Products are made available on an “as is” basis without warranties (express or implied) of any kind, and may be discontinued or modified at any time. Beta Products are for evaluation and testing purposes, not for production use, not supported, not subject to availability or security obligations, and may be subject to additional terms. FLTDepartment.com shall have no liability for any harm or damage arising out of or in connection with Beta Products. The Beta Products, including without limitation Customer’s assessment of any Beta Product, are Confidential Information of FLTDepartment.com.

11.7 Relationship of the Parties. The parties are and shall be independent contractors with respect to all services provided under this Agreement. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. There are no third-party beneficiaries to this Agreement. Without limiting this Section, a Customer’s End Users are not third-party beneficiaries to Customer’s rights under this Agreement.

11.8 Force Majeure. FLTDepartment.com shall not be liable for delayed or inadequate performance of its obligations hereunder to the extent caused by a condition that is beyond FLTDepartment.com’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, governmental actions, interruption or failure of the Internet or any utility service, failures in third-party hosting services, and denial of service attacks (each a “Force Majeure Event”). FLTDepartment.com shall be relieved from its obligations (or part thereof) as long as the Force Majeure Event lasts and hinders the performance of said obligations (or part thereof). FLTDepartment.com shall promptly notify Customer and make reasonable efforts to mitigate the effects of the Force Majeure Event.

11.9 Severability; No Waiver. In the event that any provision of this Agreement is found to be invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

11.10 Assignment. Neither this Agreement nor any of the rights and licenses granted under this Agreement may be transferred or assigned by either party without the other party’s express written consent (not to be unreasonably withheld or delayed); provided, however, that either party may assign this Agreement and all Order Forms under this Agreement upon written notice without the other party’s consent to an Affiliate or to its successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the non-assigning party. Any other attempt to transfer or assign this Agreement will be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.

11.11 U.S. Government Agencies. If Customer is a U.S. Government agency utilizing FLTDepartment.com’s Service in an official capacity, Customer’s use of the Service shall be subject to this Subscriber Agreement and the Amendment to FLTDepartment.com Subscriber Agreement Applicable to U.S. Government Customers.

11.12 Modifications. FLTDepartment.com may revise this Agreement from time to time by posting the modified version on its website. If, in FLTDepartment.com’s sole discretion, the modifications proposed are material, FLTDepartment.com shall provide Customer with notice in accordance with Section 11.4 at least twenty (20) days prior to the effective date of the modifications being made. By continuing to access or use the Service after the posted effective date of modifications to this Agreement, Customer agrees to be bound by the revised version of the Agreement.

11.13 Entire Agreement. This Agreement, including all attachments, exhibits, addendums, and any Order Form(s) hereunder, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and replaces any prior or contemporaneous representations, understandings and agreements, whether written or oral, with respect to its subject matter. The parties are not relying and have not relied on any representations or warranties whatsoever regarding the subject matter of this agreement, express or implied, except for the representations and warranties set forth in this Agreement. To the extent of any conflict or inconsistency between the provisions of the Agreement and any Order Form, the Agreement shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order, vendor onboarding process, web portal, or any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.

12 Definitions.

12.1 “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means either: (a) ownership or control of more than 50% of the voting interests of the subject entity; or (b) the power to direct or cause the direction of the management and policies of an entity, whether through ownership, by contract, or otherwise.

12.2 “Customer Data” means information submitted by an End User through the Service, including all associated messages, attachments, files, tasks, project names, team names, channels, conversations, and other similar content.

12.3 “Documentation” means FLTDepartment.com’s then-current online user guides, as updated from time to time, and made accessible from within the “Help” feature of the Service.

12.4 “End User” means an individual who is authorized by Customer to use the Service under Customer’s account. End Users may include, without limitation, Customer’s or its Affiliates’ employees, consultants, contractors and agents.

12.5 “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

12.6 “Improvements” means new features, functionality, enhancements, upgrades, error corrections and bug fixes to the Service made generally available by FLTDepartment.com at no additional charge.

12.7 “Order Form” means an ordering document or an online order set forth in the Service interface entered into between Customer and FLTDepartment.com (or Affiliates of either party) specifying the Service or Professional Services (if any) to be provided under this Agreement.

12.8 “Professional Services” means the customer success services provided by FLTDepartment.com, as specified in the applicable Order Form.

12.9 “Service” means FLTDepartment.com’s software as a service platform, including any Improvements, as described in the applicable Order Form.

12.10 “Subscription” means the access to the Service purchased by Customer on a per End User basis.

12.11 “Subscription Term” means the period identified in the Order Form during which Customer’s End Users are permitted to use or access the Service pursuant to the terms set forth in this Agreement.

FLTDepartment.com Cookies Policy

Effective Date: October 19, 2017

We use and allow certain other companies to use cookies, web beacons, and other similar technologies (collectively “Cookies”) on our Services. We do this to understand your use of our Services; improve your user experience and enable personalized features and content; optimize our advertisements and marketing; and to enable third-party advertising companies to assist us in serving ads specific to your interests across the Internet. You can find more information about Cookies at: www.allaboutcookies.org.

What are Cookies?

Cookies are text files containing small amounts of information which are downloaded to the browser that you use when you visit a site. The entity that places cookies on your browser can then read the information on that cookie that it set. Cookies are typically classified as either “session cookies” which do not stay on your device after you close your browser or “persistent cookies” which will usually remain on your device until you delete them or they expire. Different cookies are used to perform different functions:

Essential Cookies: Some cookies are essential and enable you to move around the Services and use their features, such as accessing secure areas of the Services. Without these cookies, we cannot enable appropriate content based on the type of device you are using. Functionality Cookies: These cookies allow us to remember choices you make on our websites (such as your preferred language or the region you are in).

Personalization Cookies: We also use cookies to change the way our Services behave or look in order to personalize your experience from information we infer from your behavior on our Services or information we may already know about you because, for example, you are a registered user. These cookies may be used to tailor the Services or the content, look and feel delivered to you on subsequent sessions to our Services. For example, if you personalize webpages, or use specific parts of the Services, a cookie helps our webpage server recall your specific information. When you next use the Services, the information you previously provided can be retrieved, so you can easily use the Services features that you previously chose.

Analytics Cookies: We use our own cookies and/or third-party cookies and other identifiers (such as web beacons) to see how you use our Services in order to enhance their performance and develop them according to the preferences of our customers and visitors. For example, cookies and web beacons may be used to: maintain a consistent look and feel across our Services; track and provide trend analysis on how our users interact with our Services; track errors and measure the effectiveness of our promotional campaigns.

Advertising Cookies: These cookies record your visit to our Services, your opening and review of our emails, the pages you have visited, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a website. We or our service providers may use this information to make advertisements more relevant to you.

Cross-Device Cookies: Sometimes, we may use cookies in combination with the information we collect — for instance, usernames, IP addresses and unique mobile device identifiers — to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Services.

Third-Party Cookies

Please note that third parties (including for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies on our Services. We used trusted partners like DoubleClick and Google AdWords to help us service advertising. We also use Google Analytics on our Services to help us analyze how our Services are used. Google Analytics uses performance cookies to track visitor interactions. For example, by using cookies, Google can tell us which pages our users view, which are most popular, what time of day our websites are visited, whether visitors have been to our websites before, what website referred the visitor to our websites, and other similar information.
We have little control over these “third party” cookies, so we suggest that you check the respective privacy policies for these external services to help you understand what data these organizations hold about you and what they do with it.

DoubleClick: http://www.google.com/policies/technologies/ads/

Facebook: https://www.facebook.com/policy.php

Google AdWords: https://support.google.com/adwords/answer/2549116?hl=en

Google Analytics: http://www.google.com/analytics/learn/privacy.html

Google Tag Manager: https://www.google.com/analytics/tag-manager/faq/

Google+: https://www.google.com/policies/privacy/

Twitter: https://twitter.com/privacy?lang=en

YouTube: https://www.youtube.com/static?template=privacy_guidelines

Web Beacons

We may also use electronic images known as web beacons on our Services – sometimes called “clear GIFs”, “single-pixel GIFs”, or “web bugs”. Web beacons are used to deliver cookies on our Services, count clicks/users/visitors, and deliver co-branded content or services. We may include web beacons in our promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. Our Services may also contain web beacons from third parties to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other website operations. These web beacons may allow the third parties to set or read cookies on your device.

Controlling Cookies

There are a number of ways you can manage what cookies are set on you devices. Essential cookies, however, cannot be disabled. If you do not allow certain cookies to be installed, the Services may not be accessible to you and/or the performance, features, or Services of the website may be compromised.

Advertising Cookies

If you would like to disable advertising cookies, you can visit http://www.youronlinechoices.com. If you choose to turn off these cookies you will still see advertising on the internet but it may not be tailored to your interests. It does not mean that you won’t be served any advertisements while online. You can also manage this type of cookie in the privacy settings on the web browser you are using. Please see below for more information.

Browser Settings

Apple Safari http://support.apple.com/kb/PH5042

Google Chrome https://support.google.com/chrome/bin/answer.py?hl=en&answer=95647&p=cpn_cookies

Microsoft Internet Explorer http://windows.microsoft.com/en-US/windows7/How-to-manage-cookies-in-Internet-Explorer-9

Mozilla Firefox http://support.mozilla.org/en-US/kb/Cookies

Cross-Device Cookies

If you wish to opt out of our ability to track you across devices, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

Do Not Track Signals

There is no uniform or consistent standard or definition for responding to, processing, or communicating Do Not Track signals. At this time the Services do not function differently based a user’s Do Not Track signal. For more information on Do Not Track signals, see All About Do Not Track.

More Information

If you have any questions about how we use cookies, you can contact us at terms-questions@FLTDepartment.com.

DMCA Policy

You must provide the following information in writing in your DMCA Notice:

Identify the copyrighted work that you claim has been infringed;

Identify the material that is claimed to be infringing and where it is located on the Service;

Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and, e-mail address;

Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;

Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and

Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner;

Deliver the DMCA Notice, with the above information completed, to our Designated DMCA Agent at:

DMCA Notice
FLTDepartment.com LLC.
copyrightagent@FLTDepartment.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

For questions about these or any FLTDepartment.com terms or policies, email us at terms-questions@FLTDepartment.com.

FLTDepartment.com API Terms and Conditions

Last Updated: April 27, 2015

Thank you for using the FLTDepartment.com Application Programming Interfaces (the “FLTDepartment.com APIs”). By using the FLTDepartment.com APIs, you agree to abide by these FLTDepartment.com API Terms of Use (the “API Terms”) and any and all guidelines or other documentation provided by FLTDepartment.com for use in connection with the FLTDepartment.com APIs (the “API Documentation”) as well as the FLTDepartment.com Terms of Service. In the event of any inconsistency between these API Terms and the Terms of Service, these API Terms shall control.

If you are accepting these API Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these API Terms, in which case “you” or “your” as used herein shall mean such entity.

License Grants and Restrictions.

API License Grant. Subject to your compliance with these API Terms, we grant you a non-exclusive, revocable, non-transferable and non-sublicensable license to (i) access and use the FLTDepartment.com APIs to receive modify and use user content (the “User Content”) from the FLTDepartment.com service (the “FLTDepartment.com Service”) subject to the permissions of the relevant users accounts; (ii) display the User Content on your website or native application for mobile devices (“Your Application”); and (iii) to use the APIs or User Content to develop, test, and support Your Application, and to distribute Your Application to end users and to allow such end users to access your integration of the APIs within Your Application. You may not install or use the APIs for any other purpose without FLTDepartment.com’s prior written consent.

Trademark License Grant. Subject to your compliance with these API Terms, we grant you a non-exclusive, revocable, non-transferable and non-sublicensable license to reproduce and display the FLTDepartment.com name and logo (the “FLTDepartment.com Marks”) in accordance with FLTDepartment.com’s trademark guidelines and solely to promote or advertise your integration of the APIs in Your Application.

You Must:

Obtain the explicit consent of the user before collecting, posting or sharing any User Content obtained through the FLTDepartment.com APIs on a user’s behalf. Mere authorization of your application by the user does not constitute consent.

Comply with the FLTDepartment.com Terms of Service at /terms

Comply with any requirements or restrictions imposed on usage of User Content by the owner of such content. Although the FLTDepartment.com APIs can be used to provide you with access to User Content, neither FLTDepartment.com’s provision of the FLTDepartment.com APIs to you nor your use of the FLTDepartment.com APIs overrides any requirements or restrictions placed on such User Content by the user.

Provide users with clear and readily accessible information regarding , how you collect, use, store and disclose their data .

Obtain the consent of a user prior to deleting or destroying any of the content associated with their FLTDepartment.com account.

Provide attribution to FLTDepartment.com as the source of data in accordance with the following guidelines:

Display an FLTDepartment.com Mark so it is clear to the user that the data is from FLTDepartment.com.

Link the logo in such FLTDepartment.com Mark to https://fltdepartment.com.

Comply at all times with trademark guidelines provided by FLTDepartment.com when using or displaying the FLTDepartment.com Marks.

You (and Your App) May Not:

Access, store, or share private user content or passwords.

Make requests that exceed our rate limits or use the APIs in a manner that impacts the stability of FLTDepartment.com’s servers or impacts the behavior of other applications using the APIs.

Use “nofollow” on your links to FLTDepartment.com. All links back to FLTDepartment.com should be followable.

Use fraudulent information to register for an Account.

Request or publish information impersonating an FLTDepartment.com user, misrepresent any user or other third party in requesting or publishing information.

Create or disclose metrics about, or perform any statistical analysis of, the FLTDepartment.com APIs.

Display FLTDepartment.com’s Marks or User Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and FLTDepartment.com, other than your permitted use of the APIs under the terms of this API Agreement.

Display the User Content on any site that disparages FLTDepartment.com or its products or services, or infringes any FLTDepartment.com intellectual property or other rights. i) Copy, sell, rent, lease, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the FLTDepartment.com APIs.

Sell, rent, lease, share, transfer, assign, or sublicense any User Content or other information or data obtained through the FLTDepartment.com APIs, directly or indirectly, to or with any third party, including any data broker, ad network, ad exchange, or other advertising or monetization-related party.

Use the User Content in any advertisements or for purposes of targeting advertisements (whether such advertisements appear in Your Application or elsewhere).

Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use the APIs.

Use the APIs for any application that constitutes, promotes or is used primarily for the purpose of dealing in: 1. spyware or any other malicious programs or code; 2. activities that violate any law or regulation, or any rights of any person, including but not limited to intellectual property rights; 3. activities that, in FLTDepartment.com’s sole judgment, are offensive or might harm FLTDepartment.com’s business or its reputation.

Usage Limitations. FLTDepartment.com may limit the maximum User Content that may be accessed, the rate at which such User Content may be accessed, and/or the number of network calls that Your Application may make via the FLTDepartment.com APIs. FLTDepartment.com may change such usage limits at any time, and/or may utilize technical measures to prevent over-usage and/or stop usage of the FLTDepartment.com APIs by an application after any usage limitations are exceeded.

Fees and Payment. The FLTDepartment.com APIs are currently provided for free, but FLTDepartment.com reserves the right to charge fees for the future use of or access to the FLTDepartment.com APIs. If we do charge a fee for use of the FLTDepartment.com APIs or any developer tools and features, you do not have any obligation to continue to use our developer resources.

Termination. Your license to utilize the FLTDepartment.com APIs and the FLTDepartment.com Marks shall continue until it is terminated by either party as set forth herein. You may terminate this license at any time by discontinuing use of the FLTDepartment.com APIs and closing your developer account. FLTDepartment.com may suspend or terminate your use of all or any of the FLTDepartment.com APIs at any time and for any reason or no reason at all upon notice to you, which notice may be delivered via email or in writing. Upon termination of your license for any reason, you shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the FLTDepartment.com APIs, User Content and FLTDepartment.com Marks.

Disclaimer of Any Warranty. Some of the FLTDepartment.com APIs may be experimental and not tested in any manner. FLTDepartment.com does not represent or warrant that any FLTDepartment.com APIs are free of inaccuracies, errors, bugs or interruptions, or are reliable, accurate, complete or otherwise valid. The FLTDepartment.com APIs are provided “as is” with no warranty, express or implied, of any kind and FLTDepartment.com expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the FLTDepartment.com APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any FLTDepartment.com APIs including, but not limited to, any damage to your computer system or loss of data.

Limitation of Liability. FLTDepartment.com shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the FLTDepartment.com APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not FLTDepartment.com has been advised of the possibility of such damages. Under no circumstances shall FLTDepartment.com be liable to you for any amount. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in Sections 5-7 may not apply to you.

Release and Waiver. To the maximum extent permitted by applicable law, you hereby release and waive all claims against FLTDepartment.com, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the FLTDepartment.com APIs, the User Content or the FLTDepartment.com Marks. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits that you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

Indemnification. To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless FLTDepartment.com and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all third party claims arising from or in any way related to your use of the FLTDepartment.com APIs, including any liability or expense arising from all claims, losses, damages, liabilities, costs and fees (including reasonable attorneys’ fees) of every kind and nature.

Remedies. You acknowledge that your breach of this API Agreement may cause irreparable harm to FLTDepartment.com, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which FLTDepartment.com may be legally entitled, FLTDepartment.com shall have the right to seek immediate injunctive relief in the event of a breach of this API Agreement by you or any of your officers, employees, consultants or other agents.

General Terms.

Relationship of the Parties. You and FLTDepartment.com shall be and act independently and not as partners, joint venturers, agents, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of FLTDepartment.com, express or implied, and you shall not attempt to bind FLTDepartment.com to any contract.

Severability. If any provision of these API Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.

Governing Law. These API Terms and the relationship between you and FLTDepartment.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and FLTDepartment.com agree to submit to the personal jurisdiction of the courts located within the city and county of Snohomish, Washington.

No Waiver. FLTDepartment.com’s failure to exercise or enforce any right or provision of these API Terms shall not constitute a waiver of such right or provision.

For questions about these or any FLTDepartment.com terms or policies, email us at terms-questions@FLTDepartment.com.

Law Enforcement Data Request Guidelines

U.S. Legal Process Requirements. We disclose user information solely in accordance with our published Terms of Service and applicable U.S. law, including the federal Stored Communications Act (“SCA”), 18 U.S.C. Sections 2701-2712. In accordance with U.S. law:

A jurisdictionally valid subpoena, issued in connection with an official criminal investigation, is required to compel the disclosure of basic user records, which may include name, length of service, credit card information (including billing address), email address(es), and an IP address, if available.

A court order is required to compel the disclosure of certain records or other information related to a user account (not including contents of communications), which may include message headers and IP addresses, in addition to the basic user records identified above.

A search warrant properly issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, based on a showing of probable cause, is required to compel the disclosure of the stored contents of any account, which may include messages, attachments, or other content of communications within a user’s account.

International Legal Requirements. In the case of requests from law enforcement outside of the U.S., a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory may be required to compel the disclosure of the contents of an account.

Account Preservation Requests. We will take reasonable steps to preserve account records in connection with official criminal investigations for a period of 90 days pending our receipt of a formal legal request for user data. You may request the preservation of records via email, fax or mail as indicated below.

Information Required in Connection With Your Request.

Your Contact Information.

Requesting Agency’s name

Requesting Agent’s name

Requesting Agent’s badge/identification number

Requesting Agent’s Agency-issued Email address

Requesting Agent’s telephone number, including extension

Requesting Agent’s mailing address (PO Box not acceptable)

Requested response date (please allow at least 3 weeks for processing)

Data Request Information

Full (first and last) name of the FLTDepartment.com User

Email address(es) associated with the User’s account

A clear and specific description of the data being requested (we will be unable to process overly broad or vague requests)

Data Availability. We will search for and disclose data that is specified with particularity in an appropriate form of legal process and which we are reasonably able to locate and retrieve.

User Notification. FLTDepartment.com’s policy is to notify users of requests for their information, which includes a copy of the request, prior to disclosure so that they may have an opportunity to challenge such request unless: (a) we are prohibited from doing so by law or court order; (b) there are exceptional circumstances, such as an emergency involving the risk of bodily injury or death to a person or group of people or potential harm to minors; or (c) prior notice would be counterproductive (for example, if we believe that the account in question has been hijacked). Law enforcement officials who believe that notification would jeopardize an investigation should obtain a proper court order or other appropriate process establishing that notice is prohibited. Please note that Officer authored affidavits, cover letters or similar statements are not sufficient to preclude notice to our users. Please note that in situations where a data request draws attention to an ongoing violation of our Terms of Service we may, in order to protect our service and its Users, take action to prevent any further abuse, including actions that could notify the User(s) who are the subject of your data request that we are aware of their misconduct.

Submitting Your Request. A data request may be served by certified mail, express courier at our corporate headquarters at the following address: FLTDepartment.com LLC., 2250 SE 56^th Street, Suite 4-300, Issaquah Washington 98029

For questions about these or any FLTDepartment.com terms or policies, email us at terms-questions@FLTDepartment.com.

Amendment to FLTDepartment.com Subscriber Agreement

Applicable to U.S. Government Customers

Last Updated: May 29, 2015

This is a supplemental agreement (“Amendment”) between FLTDepartment.com and U.S. Government customers (the “Customer” or the “Agency”) and applies to the Agency’s use of FLTDepartment.com’s collaborative workplace management service (the “Service”) under FLTDepartment.com’s Premium Subscriber Agreement (the “Subscriber Agreement”).

The reason for this Amendment is that the Customer, a U.S. Government instrumentality, is obligated to follow federal laws, regulations, and practices, among which are those relating to ethics, advertising and endorsements, tax exemption and immunity, limitations on indemnification, fiscal law constraints, governing law and jurisdiction, dispute resolution, and assignment of contracts.

FLTDepartment.com and Agency (the “Parties”) agree that modifications to the Subscriber Agreement available at #subscriber-agreement are appropriate to accommodate the Agency’s legal status, its public mission, and other special circumstances. Therefore, the Subscriber Agreement is modified by this Amendment as follows.

Government entity: As it relates to the Agency’s usage of the Service, the word “Customer” in the Subscriber Agreement shall mean the Agency itself and shall not apply to, nor bind (i) the individual(s) who utilize the FLTDepartment.com Service on the Agency’s behalf, or (ii) any individual users who happen to be employed by, or otherwise associated with, the Agency. FLTDepartment.com will look solely to the Agency to enforce any violation or breach of the Subscriber Agreement by such individuals, subject to federal law.
Advertisements: FLTDepartment.com agrees not to serve or display any third-party commercial advertisements or solicitations on any pages within the FLTDepartment.com site that display content uploaded by or under the control of the Agency.
Taxes: With reference to Section 5 of the Subscriber Agreement, the Parties understand that the Federal Acquisition Regulation (FAR) 29.302 (48 CFR, Chapter 1, Part 29, Subpart 29.302 – Application of State and local taxes to the Government) states that “Generally, purchases and leases made by the Federal Government are immune from State and local taxation.” Therefore, FLTDepartment.com will include no tax in Agency billings unless the tax has been determined by the Agency to be proper for payment.
Indemnification, Liability, Statute of Limitations: Any provisions in the Subscriber Agreement related to indemnification by the customer, damages, attorneys fees, filing deadlines, defense of lawsuits, collection expenses, and settlement are hereby waived. Liability of either party for any breach of the Subscriber Agreement as modified by this Amendment, or any claim, demand, suit or proceeding arising from the Subscriber Agreement or this Amendment, shall be determined under the Federal Tort Claims Act, Contract Disputes Act, or other governing federal authority. Federal Statute of Limitations provisions shall apply to any claim, demand, suit or proceeding arising from the Subscriber Agreement or this Amendment.
Governing law and Forum: The Subscriber Agreement and this Amendment shall be governed by, and interpreted and enforced in accordance with, applicable federal laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of California including its choice of law rules will apply in the absence of applicable federal law. Any arbitration, mediation or other dispute resolution provision in the Subscriber Agreement is hereby waived. The forum for purposes of resolving claims and disputes will be determined in accordance with federal law.
No automatic renewal: With respect to Section 5 of the Subscriber Agreement, FLTDepartment.com agrees to waive the provision allowing FLTDepartment.com to automatically charge the Agency upon a renewal date associated with Customer’s account. FLTDepartment.com agrees to remove the auto-renew default setting for any Agency whose account details page designates an email address that ends in .gov, .mil, or .fed.us. Instead, FLTDepartment.com will notify the Agency to allow the Agency to determine if funds are available and if the Service will be needed for a renewal period.
Continuity of service during dispute: With respect to Section 6 of the Subscriber Agreement, FLTDepartment.com agrees to waive the language that would otherwise permit FLTDepartment.com to terminate the Premium Subscription contract in the event of an alleged breach of the Agreement by the Agency. Instead, recourse against the United States for any alleged breach of the Agreement must be made under the terms of the Federal Tort Claims Act or as a dispute under the Contract Disputes Act, as applicable. During the resolution of the dispute the Contractor, FLTDepartment.com, shall proceed diligently with performance of the contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Agency Contracting Officer.
Limitation of liability: The Parties agree that nothing in the limitation of liability provision in Section 10 or elsewhere in the Subscriber Agreement in any way grants FLTDepartment.com a waiver from, release of, or limitation of, liability pertaining to any past, current or future violation of federal law.
No endorsement: With reference to Section 4(d) of the Subscriber Agreement, FLTDepartment.com agrees that the Agency’s name, seals, logos, trademarks, service marks, trade names, and the fact that the Agency has a presence on the FLTDepartment.com site and uses its Services, shall not be used by FLTDepartment.com in such a manner as to state or imply (in the judgment of a reasonable person) that FLTDepartment.com’s products or services are endorsed, sponsored or recommended by the Agency or by any other element of the Federal Government, or are considered by the Agency or the Federal Government to be superior to any other products or services. Except for pages whose design and content is under the control of the Agency, FLTDepartment.com agrees not to display any Agency or Government names, seals, trademarks, logos, service marks, and trade names on FLTDepartment.com’s homepage or elsewhere on the FLTDepartment.com Site unless permission to do so has been granted by the Agency or by other relevant federal government authority. FLTDepartment.com may list the Agency’s name in a publicly available customer list on its homepage or elsewhere so long as the name is not displayed in a more prominent fashion than that of any other third-party customer.
Assignment: As indicated in Section 11(e) of the Subscriber Agreement, neither party may assign its obligations under the Subscriber Agreement as modified by this Amendment to any third party without prior written consent of the other. However, if Agency is using FLTDepartment.com’s free services only, FLTDepartment.com or its subsidiaries may, without the Agency’s consent, assign the Subscriber Agreement as modified by this Amendment to an affiliate or to a successor or acquirer, as the case may be, in connection with a merger, acquisition, corporate reorganization or consolidation, or the sale of all or substantially all of its assets. Any transfer of FLTDepartment.com assets related to the Agency’s paid subscription contract requires review and consent by the Agency, under the procedures found in the FAR Subpart 42.13 (48 CFR Chapter 1, Part 42, Subpart 42.12 – Novation).
Precedence; Further Amendments: If there is any conflict between this Amendment and the Subscriber Agreement, or between this Amendment and other terms, rules or policies on the FLTDepartment.com site or related to its Service, this Amendment shall prevail. This Amendment constitutes a mutually agreed upon amendment to the Subscriber Agreement; language in the Subscriber Agreement in Section 11(e) indicating it alone is the entire agreement between the Parties is waived. Any further amendment must be agreed to in writing by both Parties.
Posting of Amendment: This Amendment shall be posted with the FLTDepartment.com’s online Subscriber Agreement either by incorporation of its text or via an integral link.

FLTDepartment.com Subprocessors

Last Updated: June 7, 2018

In connection with our provision of the Services, FLTDepartment.com and its affiliates may engage third parties (each a “Subprocessor”) to process your Personal Data. In certain circumstances an affiliate of FLTDepartment.com may even be a Subprocessor. As a condition of permitting a Subprocessor to process your Personal Data, FLTDepartment.com (and its affiliates as applicable) will enter into a written agreement with each Subprocessor containing data protection obligations at least as protective as the technical and organizational measures FLTDepartment.com has put into place to protect your Personal Data from accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access. All terms capitalized above, but not defined have the meaning set forth in FLTDepartment.com’s User Terms of Service, Privacy Policy, and/or your applicable customer agreement with FLTDepartment.com.

Entity Name	Subprocessing Activity	Entity Country
Amazon Web Services, Inc.	Cloud Service Provider	United States
Google, Inc.	Cloud Service Provider	United States
Recurly, Inc.	Payment Processor	United States
Zendesk, Inc.	Cloud Customer Support	United States

Updates

As FLTDepartment.com continues to grow, we may decide to work with new Subprocessors and will provide you with notice when that happens as required under your applicable agreement with FLTDepartment.com.

FLTDepartment.com’s Commitment to GDPR Compliance

Revisions to our policies and contracts with our partners, vendors, and users

Enhancements to our security practices and procedures

Closely reviewing and mapping the data we collect, use, and share

Creating more robust internal privacy and security documentation

Training employees on GDPR requirements and privacy/security best practices generally

Carefully evaluating and building a data subject rights’ policy and response process Below, we provide additional details about the core areas of FLTDepartment.com’s GDPR compliance program and how customers can use FLTDepartment.com to support their own GDPR compliance initiatives.

Data Processing Agreements

Under the GDPR, “data controllers” (i.e. entities that determine the purposes and means of processing data) are required to enter into agreements with other entities that process data on their behalf (called “data processors”). FLTDepartment.com offers its customers who are controllers of EU personal data the option to enter into a robust data processing agreement under which FLTDepartment.com commits to process and safeguard personal data in accordance with GDPR requirements. This includes FLTDepartment.com’s commitment to process personal data consistent with the instructions of the data controller.

International Data Transfers

As with prior EU data protection laws, the GDPR requires organizations to use a recognized legal mechanism to transfer data from the EU to other countries that do not have a similar data protection framework, including the United States. To comply with this requirement, FLTDepartment.com is certified under the EU-US Privacy Shield framework, which requires it to maintain certain safeguards for personal data transferred to the United States. Additionally, FLTDepartment.com offers customers who are data controllers of EU personal data the option to enter into EU Model Contractual Clauses with us upon request.

Data Access, Management, and Portability Tools

The GDPR gives individual data subjects in certain circumstances the rights to, among other things, access, delete, and make corrections to their data. FLTDepartment.com is committed to facilitating data subject requests consistent with the GDPR, as further described in our Privacy Policy.

Privacy Documentation

At its core, the GDPR is focused on transparency, fairness, and accountability. Accordingly, the law requires organizations to maintain documentation about their privacy practices and their decisions about how they handle individuals’ personal data. FLTDepartment.com shares the GDPR’s commitment to these principles, and has included within its ongoing GDPR compliance program documentation about its data collection and processing activities, and the various policies and guidelines it follows pursuant to the GDPR. You can learn more about how FLTDepartment.com collects, uses, and discloses personal data by visiting FLTDepartment.com’s Privacy Policy.

Data Security

The GDPR requires organizations to use appropriate technical and organizational measures to protect the security, confidentiality, and integrity of personal data. Security continues to be a priority for FLTDepartment.com and have implemented a variety of safeguards to protect the security of our platform, including encrypting web connections to protect data transmissions, replicating our databases to support reliability of the platform, and controlling access to our facilities and office network. FLTDepartment.com also offers customers the ability to use additional security controls to further enhance the security of their teams’ data. For more information, please see our Security Statement.

Ongoing Compliance and Communication

The GDPR’s requirements are comprehensive, but the law and regulatory guidance will evolve. As data protection authorities in Europe interpret the GDPR’s requirements and issue guidance, we will continue to follow these developments closely and evaluate our program for any changes or enhancements as needed. We value communication with our customers. If you have any questions about our GDPR compliance efforts, or if you are a data controller customer with questions about how we can help support your own GDPR compliance efforts, please contact us at privacy@FLTDepartment.com.

FLTDepartment.com User Terms of Service

Effective Date: November 1, 2018 FLTDepartment.com LLC. (“FLTDepartment.com,” “we,” “our”) offers a variety of team productivity, collaboration, and organizational tools available online, including via a mobile application (collectively, the “Service”), and websites, including but not limited to FLTDepartment.com, (the “Websites”). FLTDepartment.com has three different types of users depending on the FLTDepartment.com products used: We call users of the Websites “Site Visitors.” We call users who use the free version of the FLTDepartment.com Service “Free Users.” While Free Users can access and use the Service, they have access to a more limited set of Service features and functionality than Subscribers. We call users who use the Service as part of a paid FLTDepartment.com subscription plan (regardless of the subscription tier) “Subscribers.” The Service features and functionalities available to Subscribers are determined by the subscription tier and the specific terms agreed to between FLTDepartment.com and the organization (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Agreement”). We refer to these three types of users collectively as “Users” or “you” for purposes of these User Terms of Service (the “Terms”). Regardless of what type of User you are, these Terms create a legal agreement directly between you and FLTDepartment.com and explain the rules governing use of the Service and Websites. By accessing or using the Service and Websites, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Service and Websites. IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICE AND WEBSITES PROVIDED BY FLTDEPARTMENT.COM ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. We may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Service and Websites. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Service and Websites after any such update constitutes your acceptance of such changes.

ELIGIBILITY AND SCOPE

1.1 General. To use the Service and Websites you must be, and represent and warrant that you are, at least 13 years of age and competent to agree to these Terms. If FLTDepartment.com has previously prohibited you from accessing or using the Service and Websites, you are not permitted to access or use the Service and Websites. 1.2 Location. These Terms are applicable to Users located in the United States only. If you are located outside of the United States, you will be presented with a different set of terms.

ACCOUNT REGISTRATION AND USE

2.1 Account Registration and Confidentiality. To access the Service and Websites, you must register for an FLTDepartment.com account by creating a user name and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that FLTDepartment.com is entitled to rely on your instructions. 2.2 Unauthorized Account Use. You are responsible for notifying us at terms-questions@FLTDepartment.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. FLTDepartment.com will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by FLTDepartment.com or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, FLTDepartment.com reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

OUR PROPRIETARY RIGHTS

USER CONTENT AND FEEDBACK

4.1 User Content and Submissions on the Service. The Service allows you to create tasks and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms: 4.1.1 Free User Content. Free Users maintain ownership of the User Content that they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant FLTDepartment.com a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content, as permitted by FLTDepartment.com’s Privacy Policy, including if required to do so by law or in good faith to comply with legal process. We reserve the right to remove any Free User Content on the Service that violates these Terms or that is otherwise objectionable in FLTDepartment.com’s sole discretion. 4.1.2 Subscriber User Content on the Service. Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Customer Agreement, except with respect to Subscriber User Content submitted by students pursuant to a Customer Agreement with an educational institution (“Student Content”). Such Student Content is owned by the student and not the educational institution. FLTDepartment.com maintains a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Customer Agreement or these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Customer Agreement and our Law Enforcement Guidelines; and (v) as otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer. 4.2 Feedback on the Websites. The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to FLTDepartment.com and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant FLTDepartment.com a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other FLTDepartment.com marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion. 4.3 User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that FLTDepartment.com does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless FLTDepartment.com for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

LICENSE AND ACCEPTABLE USE

5.1 Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Websites only for your own internal use (or, for Subscribers, uses authorized by the Customer), and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Websites, including the FLTDepartment.com Privacy Policy and these Terms. FLTDepartment.com may revoke this license at any time, in its sole discretion. 5.2 Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Service and Websites. Disruption of the Service. You may not: access, tamper with, or use non-public areas of the Service and Websites, FLTDepartment.com’s computer systems, or the technical delivery systems of FLTDepartment.com’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; access or search the Service and Websites by any means other than FLTDepartment.com’s publicly supported interfaces (for example, “scraping”); attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites. Misuse of the Service and Websites. You may not utilize the Service and Websites to carry out, promote or support: any unlawful or fraudulent activities; the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking; the publishing or posting of other people’s private or personal information without their express authorization and permission; the sending of unsolicited communications, promotions advertisements, or spam; the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or the promotion or advertisement of products or services other than your own without appropriate authorization. User Content Standards Within the Service and Websites. You may not post any User Content on the Service or Websites that: violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity; is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking; contains any personal information of minors; contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without FLTDepartment.com’s prior written consent granted as part of a Customer Agreement; contains viruses, bots, worms, or similar harmful materials; or contains any information that you do not have a right to make available under law or any contractual or fiduciary duty. Violations of this Section 5. In addition to any other remedies that may be available to us, FLTDepartment.com reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for FLTDepartment.com should you fail to abide by the rules in this Section 5 or if, in FLTDepartment.com’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users. If you are a Subscriber, FLTDepartment.com reserves the right to notify the Customer’s Account Administrator(s) or other Customer representative(s) of any violations of these Terms.

PRIVACY

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.

WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

EXCLUSIONS AND LIMITATIONS

INDEMNITY

THIRD-PARTY LINKS AND SERVICE AND WEBSITES

MODIFICATION

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 12.1 Application. You and FLTDepartment.com agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 12 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. 12.2. Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at dispute-notice@FLTDepartment.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with FLTDepartment.com, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. 12.3 Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 12.7 below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of FLTDepartment.com shall be finally settled by binding arbitration administered by the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS”). The JAMS rules will govern payment of all arbitration fees. FLTDepartment.com will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. FLTDepartment.com will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 12.4 Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 12.5 Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists your and FLTDepartment.com’s names and addresses, (iii) specify the amount of money in dispute, if applicable, (iv) identify the requested location for a hearing if an in-person hearing is requested, and (v) state what you want in the dispute; (b) send one copy of the Demand to JAMS, along with a copy of these Terms and the filing fee required by JAMS; and (c) Send one copy of the Demand for Arbitration to us at dispute-notice@FLTDepartment.com. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Snohomish County, Washington, United States, and you and FLTDepartment.com agree to submit to the personal jurisdiction of any federal or state court in Snohomish County, Washington, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. 12.6 Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FLTDEPARTMENT.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 12.7 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in small claims court in Snohomish, Washington for disputes or claims within the scope of that court’s jurisdiction. 12.8 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to dispute-notice@FLTDepartment.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of your first use of the Service or within 30 days of changes to this section being announced on the Site. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, FLTDepartment.com also will not be bound by them. 12.9 Changes to This Section. FLTDepartment.com will provide thirty (30) days’ notice of any changes to this section by posting on the Service and Websites. Amendments will become effective thirty (30) days after they are posted on the Service and Websites or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Service and Websites. 12.10 Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Service and Websites.

CONTROLLING LAW AND SEVERABILITY

GENERAL TERMS

14.1 Force Majeure. Under no circumstances shall FLTDepartment.com or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. 14.2 No Waiver. No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of FLTDepartment.com to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. 14.3 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. 14.4 Statute of Limitations. Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service and Websites and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 14.5 Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and FLTDepartment.com and govern your use of the Service and Websites, and supersede any prior agreements between you and FLTDepartment.com on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by FLTDepartment.com without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of FLTDepartment.com. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Service and Websites for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive. 14.6 Notices. We may deliver notice to you by e-mail, posting a notice on the Service and Websites or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: terms-questions@FLTDepartment.com.

QUESTIONS

If you have any questions about these Terms, please contact us at info@FLTDepartment.com

FLTDepartment.com Privacy Policy

Effective Date: November 1, 2018 FLTDepartment.com offers a variety of team productivity, collaboration, and organizational tools available online, including via a mobile application (collectively, the “Service”), and websites, including but not limited to www.FLTDepartment.com, (the “Websites”). As you use the Service and interact with the Websites, FLTDepartment.com collects and processes information from and about you in order to provide you with access to the Service, enhance your experience while using the Service, and interact with you. This Privacy Policy (the “Policy”) describes how FLTDepartment.com collects, uses, and discloses information collected through the Service and Websites, and what choices you have with respect to such information. The first section below explains which privacy terms are applicable to you depending on what type of user you are. References to “FLTDepartment.com” throughout the Policy mean the FLTDepartment.com entity that acts as the data controller or data processor of your information, as explained in more detail below. If you do not agree with this Policy, do not access or use the Service, Websites, or any other part of FLTDepartment.com’s business. If you have any questions about this Privacy Policy, please contact FLTDepartment.com at by emailing us at privacy@FLTDepartment.com. This Privacy Policy contains the following sections: I What Type of User am I and What Privacy Terms are Applicable to Me? II Privacy Terms for Subscribers III Privacy Terms for Free Users IV Privacy Terms for Site Visitors V Additional Privacy Terms for All Users VI FLTDepartment.com Contact Info

What Type of User am I and Which Privacy Terms Are Applicable to Me?

FLTDepartment.com has three different types of users depending on the FLTDepartment.com products used. Please see the bullets below to determine which type of user you are, and then click the internal link to visit the privacy terms applicable to you. It is possible that you may use FLTDepartment.com in different ways. If so, please review all applicable privacy terms. Also, don’t forget to review Section V, which contains privacy terms applicable to all users. Subscribers. We call users who use the Service as part of any tier of a paid FLTDepartment.com subscription plan “Subscribers.” The Service features and functionalities available to Subscribers are determined by the specific terms agreed to between FLTDepartment.com and the organization (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (for purpose of this Policy, the “Customer Agreement”). The Customer controls its instance of the Service and is the data controller of the information collected through the Service about Subscribers, and FLTDepartment.com is a data processor of such information. To go directly to the terms applicable to Subscribers, please click here. Free Users. We call users who use a non-paid version of the Service “Free Users.” While Free Users can access and use the Service, they have access to a more limited set of Service features and functionality than Subscribers. FLTDepartment.com is the data controller of the information collected through the Service about Free Users. To go directly to the terms applicable to Free Users, please click here. Site Visitors. We call users of the Websites “Site Visitors.” Site Visitors can be individuals who are simply browsing the Websites but who do not use the FLTDepartment.com Service; or, Site Visitors can be Free Users or Subscribers who visit the Websites to seek additional information about FLTDepartment.com. FLTDepartment.com is the data controller of the information collected through the Website about Site Visitors. To go directly to the terms applicable to Site Visitors please click here.

Privacy Terms for Subscribers
Overview

Section II of this Policy applies only to Subscribers. If you are a Subscriber, the “Customer Agreement” governs the collection and processing of information collected from you through the Customer’s instance of the Service (e.g. a Customer’s organization or workspace, but for purposes of this Policy referred to as the “Workspace”), including all associated messages, attachments, files, tasks, projects and project names, team names, channels, conversations, and other content submitted through the Service (“Workspace Content”). In the event of a conflict between this Privacy Policy and the Customer Agreement, the Customer Agreement governs. Because the Customer controls the Workspace used by Subscribers, if you have any questions about the Customer’s specific Workspace settings and privacy practices, please contact the Customer whose Workspace you use. If you are a Subscriber located in the European Union, please note that the Customer is the data controller with respect to the processing of your Workspace Content pursuant to the EU General Data Protection Regulation (“GDPR”). When processing Workspace Content of EU data subjects governed by the Customer Agreement, FLTDepartment.com is the data processor, meaning that we collect and process such information solely on behalf of the Customer.

Collection and Use of Subscriber Information

This section explains the information we collect from Subscribers. We do not require Subscribers to provide us with information. However, certain information, such as account log-in data, is required to provide you with access to the Service, and other information may be collected automatically as you use the Service. Workspace Content. Workspace Content is collected, used, and shared by FLTDepartment.com in accordance with the Customer’s instructions, including any applicable terms in the Customer Agreement, or as required by applicable law. The Customer, and not FLTDepartment.com, determines its own, internal policies regarding storage, access, modification, deletion, sharing, and retention of Workspace Content which may apply to your use of the Service. For example, a Customer may provide or remove access to the Service, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign teams, or share projects. Please check with the Customer about the policies and settings that they have instituted with respect the Workspace Content that you provide when using the Service. Account Information. To set up your FLTDepartment.com account, you or the Customer will provide us with basic information about you which may include your name, address, telephone number, email address, and password. You will then have the ability to provide optional profile information, such as a photograph or basic demographic data. With your permission, we may also upload calendar information stored on your mobile device to your account. If you submit payment information in connection with your use of the Service, we utilize a third party credit card payment processing company to collect payment information, including your credit card number, billing address, and phone number. In such circumstances, the third party service provider, and not FLTDepartment.com, stores your payment information on our behalf. Service Usage Information. As you use the Service, we collect information about how you use and interact with the Service (“Service Usage Information”). Such information includes: Device information – when you access the Service using a mobile device, we collect certain device information, including the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may also collect your MAC address and other unique device identifiers. Log files – when you use the Service, our servers automatically record information in server log files. These log files may include information such as your web request, IP address, browser type and settings, referring/exit pages and URLs, number of clicks, date and time stamp information, language preferences, data from cookies and similar technologies, and other such information. Location information – we collect and process general information about the location of the device from which you are accessing the Service (e.g., approximate geographic location inferred from an IP address). Workspace Use Metadata – when you interact with the Service, metadata is generated that provides high-level (non-content) information about the way you work in your Workspace. For example, we may log the number of Workspaces you work in; the number of tasks to which you are assigned; the features and embedded Service content you interact with; the types of files you share; and what, if any, third party services and integrations you use. Other Information. You may provide us with information when you interact with us in other ways, such as when you submit requests or questions to us via forms or email (e.g., support forms, sales forms, user research participation forms); information you provide in connection with FLTDepartment.com sweepstakes, contests, or research studies in which you choose to participate; beta testing; and requests for customer support and technical assistance (collectively, “Other Information”). Information Collected from Third-Party Integrations. If you choose to use or connect to third-party integrations (e.g., OneDrive, Unito, Wufoo, Slack) through the Service, or if you are required or permitted to do so by a Customer, such third parties may allow us to have access to and store additional information about your interaction with those services as it relates to your use of the Service. If you initiate these connections, you also understand that we will share information about you that is required to enable your use of the third-party integration through the Service. If you do not wish to have this information shared, do not initiate these connections. By enabling these connections, you authorize us to connect and access the information provided through these connections, and you understand that the privacy policies of these third parties govern such connections.

How Does FLTDepartment.com Use Subscriber Information?

This section explains how FLTDepartment.com uses information collected from Subscribers. Workspace Content. FLTDepartment.com may view and use Workspace Content collected from and about Subscribers only as necessary: To maintain, provide and improve the Service To prevent or address technical or security issues and resolve support requests To investigate when we have a good faith belief, or have received a complaint alleging, that such Workspace Content is in violation of the Customer Agreement or our User Terms of Service To comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Customer Agreement and our Law Enforcement Guidelines As otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer Account Information, Service Usage Information, Information from Third Party Integrations, and Other Information. FLTDepartment.com may use these categories of information collected from and about Subscribers to: Maintain, provide, and improve the Service Respond to your requests for information Prevent or address technical or security issues and resolve support requests Investigate in good faith alleged violations of our User Terms of Service Comply with a valid legal subpoena, request, or other lawful process that meets the requirements of our Law Enforcement Guidelines Help us better understand user interests and needs, and customize the Service for our users Engage in analysis, research, and reports regarding use of the Service Protect the Service and our users Communicate with you via email and through the Service about important notices and updates regarding the Service, such as to inform you about changes in the Service, our service offerings, and important services-related notices, such as about security and fraud. Because these communications are an important part of the Service, you may not opt out of them In accordance with applicable legal obligations, communicate with you about promotions, offers, and news about FLTDepartment.com. You have the ability to unsubscribe from such promotional communications Provide cross-device management of your account. For example, we may locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Service. If you wish to opt out of the ability of one our service providers, Google Analytics, to locate you across devices in this way, you may install the Google Analytics Opt-out Browser Add-on by clicking here

Sharing of Subscriber Information

In accordance with the applicable Customer Agreement, we may share the information we collect from Subscribers as follows: Affiliates and Subsidiaries. We may share the information we collect within the FLTDepartment.com family of companies. Service Providers. We may provide access to or share your information with select third parties that use the information only to perform services on our behalf. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, analytics, data storage, security, fraud prevention, and other services. Business Transactions. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Service can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as the acquiring party modifies it. If such transfer is subject to additional mandatory restrictions under applicable laws, FLTDepartment.com will comply with such restrictions. Consistent with your settings within the Service. Please note that the Workspace Content you submit through the Service may be viewable by other users in your Workspace and within your organization, depending on the specific settings you and your organization have selected.

Aggregate De-Identified Data

Combined Information

Data Retention

Data Subject Rights

Overview

Collection and Use of Free User Information

This section explains how we collect, process, and use the information collected from Free Users. We do not require Free Users to provide us with information. However, certain information, such as account log-in data, is required to provide you with access to the Service, and other information may be collected automatically as discussed below. Information You Provide to FLTDepartment.com. FLTDepartment.com collects the following information submitted directly through the Service by Free Users: The messages, attachments, files, tasks, project names, team names, channels, conversations, and other content submitted through the Service (collectively, the “Workspace Content”); Information you provide as part of your account registration with FLTDepartment.com, which may include your name, organization name, address, telephone number, email address, username and password; optional information that you may choose to provide, such as a photograph or basic demographic data; and, with your permission, calendar information stored on your mobile device that you may elect to upload to your account (collectively, the “Account Information”); and Information you provide in other interactions with us, such as requests or questions you submit to us via forms or email (e.g., support forms, sales forms, user research participation forms), information you provide in connection with FLTDepartment.com sweepstakes, contests, or research studies in which you choose to participate; beta testing; and requests for customer support and technical assistance (collectively, “Other Information”). Service Usage Information. As you use the Service, we collect a variety of information about how you use and interact with the Service (“Service Usage Information”). Such information includes: Device information – when you access the Service using a mobile device, we collect certain device information, including the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may also collect your MAC address and other unique device identifiers. Log files – when you use the Service, our servers automatically record certain information in server log files. These log files may include information such as your web request, IP address, browser type and settings, referring / exit pages and URLs, number of clicks, date and time stamp information, language preferences, data from cookies and similar technologies, and other such information. Location information – we collect and process general information about the location of the device from which you are accessing the Service (e.g., approximate geographic location inferred from an IP address). Workspace Use Metadata – when you interact with the Service, metadata is generated that provides high-level (non-content) information about the way you work in your Workspace. For example, we may log the number of Workspaces you work in; the number of tasks to which you are assigned; the features and embedded Service content you interact with; the types of files you share; and what, if any, third party services and integrations you use. Information Collected from Third Party Integrations. If you choose to use or connect to third-party integrations (e.g., OneDrive, Unito, Wufoo, Slack) through the Service, such third parties may allow us to have access to and store additional information about your interaction with those services as it relates to your use of the Service. Moreover, if you initiate these connections, you also understand that we will share information about you that is required to enable your use of the third-party integration through the Service. If you do not wish to have this information shared, do not initiate these connections. By enabling these connections, you authorize us to connect and access the information provided through these connections, and you understand that the privacy policies of these third parties govern such connections. Information Collected from Other Third Parties. FLTDepartment.com may receive additional information about you, such as demographic information, from affiliates under common ownership and control, and from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may use to supplement the information that we collect directly from you.

Use of Free User Information

Legal Bases for Use of Your Information

If you are located in the EU, please note that the legal bases under the EU General Data Protection Regulation (“GDPR”) for using the information we collect through your use of the Service as a Free User are as follows: Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the User Terms of Service which you accept by using the Service) Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our Service; operate our Service; prevent fraud, analyze use of and improve our Service, and for similar purposes) Where use of your information is necessary to comply with a legal obligation Where we have your consent to process data in a certain way

Sharing of Free User Information

We share the information we collect through the Service about Free Users with the following: Affiliates and Subsidiaries. We may share the information we collect within the FLTDepartment.com family of companies. Service Providers. We may provide access to or share your information with select third parties that use the information only to perform services on our behalf. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, advertising, analytics, research, data storage, security, fraud prevention, and other services. Business Transfers. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Websites can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as this Policy is updated or amended by the acquiring party upon notice to you. If such transfer is subject to additional mandatory restrictions under applicable laws, FLTDepartment.com will comply with such restrictions. Consent. We may also disclose your information to third parties with your consent to do so. Consistent with your settings within the Service. Please note that the Workspace Content you submit through the Service may be viewable by other users in your Workspace, depending on the specific settings you have selected.

Aggregate De-Identified Data

We may aggregate and/or de-identify information collected through the Service so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.

Combined Information

Data Retention

We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

Data Subject Rights

Local legal requirements (such as those in the EU) may afford you additional rights. If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “FLTDepartment.com Contact Info” section below at any time. Your local laws (such as those in the EU) may permit you to request that we: provide access to and/or a copy of certain information we hold about you prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling) update information which is out of date or incorrect delete certain information which we are holding about you restrict the way that we process and disclose certain of your information transfer your information to a third party provider of services revoke your consent for the processing of your information We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

Privacy Terms for Site Visitors
Overview

Section IV of this Policy applies only to Site Visitors. If you visit the Websites, regardless of whether you are also a user of the Service, the following rules apply to you. To eliminate any confusion, please note that the terms in this section apply only to use of FLTDepartment.com’s Websites, not to use of the Service. If you are a Site Visitor located in the European Union, FLTDepartment.com is the data controller with respect to the processing of your personal data pursuant to the EU General Data Protection Regulation (“GDPR”).

Collection and Use of Site Visitor Information

Information Collected from Site Visitors When you use the Websites, we collect the following information about you: Contact Information – if you submit a request for information or a question through the Websites, you may be asked to provide us with basic information including your name, email address, phone number, and postal address. We will also keep records of the communication, the question/request you raised, and how it was resolved. If you choose to participate in an FLTDepartment.com sweepstakes, contest, or research study offered through the Websites, we will also collect basic contact information from you in connection with such activity. Websites Usage Information – as you browse the Websites, we and our service providers (which are third party companies that work on our behalf to provide and enhance the Websites) use a variety of technologies, including cookies and similar tools, to assist in collecting information about how you use the Websites. For example, our servers automatically record certain information in server logs. These server logs may include information such as your web request, IP address, browser type and settings, referring / exit pages and URLs, number of clicks and how you interact with links on the Websites, domain names, landing pages, pages viewed, mobile carrier, mobile device identifiers and information about the device you are using to access the Websites, date and time stamp information and other such information. Location Information – We collect and process general information about the location of the device from which you are accessing the Service (e.g., approximate geographic location inferred from an IP address). Cookies and Similar Technologies To collect the Websites Usage Information discussed above, we and our service providers use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. A web server log is a file where website activity is stored. An SDK is a section of code that we embed in our applications and software to allow third parties to collect information about how users interact with the Websites. A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer and login session; (ii) store your preferences and settings; (iii) understand which pages of the Websites you have visited; (iv), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform analytics; and (vi) assist with security and administrative functions. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, email open rates, measure popularity of the Websites and associated advertising, and to access user cookies. As we adopt additional technologies, we may also gather information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Use of Information Collected from Site Visitors We use the information collected from Site Visitors for a variety of purposes including to: Maintain, provide, and improve the Websites and the Service Respond to your requests for information In accordance with applicable legal obligations, communicate with you about promotions, offers, and news about FLTDepartment.com. You have the ability to unsubscribe from such promotional communications Prevent or address technical or security issues Investigate in good faith alleged violations of our User Terms of Service Help us better understand Site Visitor interests and needs, and customize the advertising and content you see on the Websites Engage in analysis and research regarding use of the Websites and the Service

Legal Bases

If you are located in the EU, please note that the legal bases under the GDPR for using the information we collect through your use of the Websites as a Site Visitor are as follows: Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the User Terms of Service which you accept by browsing the Websites) Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our Websites; operate our Websites; prevent fraud, analyze use of and improve our Websites, and for similar purposes) Where use of your information is necessary to comply with a legal obligation Where we have your consent to process data in a certain way

Aggregate/De-Identified Data

Combined Information

Website Analytics and Advertising

Website Analytics We may use third-party web analytics services on our Websites to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. Online Advertising The Websites may integrate third-party advertising technologies that allow for the delivery of relevant content and advertising on the Websites, as well as on other websites you visit. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests. Third parties, whose products or services are accessible or advertised via the Websites, may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you as discussed above. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to serve tailored ads to you on our Websites and other websites and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Websites. We sometimes provide Site Visitor information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites. We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Websites by such non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. Please note that if you exercise the opt-out choices above, you will still see advertising when you use the Websites, but it will not be tailored to you based on your online behavior over time. Notice Concerning Do Not Track Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our Websites for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.

Sharing of Site Visitor Information

We share the information we collect through the Websites with the following: Affiliates and Subsidiaries. We may share the information we collect within the FLTDepartment.com family of companies. Service Providers. We may provide access to or share your information with select third parties that use the information only to perform services on our behalf. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, advertising, analytics, research, data storage, security, fraud prevention, and other services. Business Transfers. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Websites can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as this Policy is updated or amended by the acquiring party upon notice to you. If such transfer is subject to additional mandatory restrictions under applicable laws, FLTDepartment.com will comply with such restrictions. Public Forums. The Websites makes it possible for you to upload and share comments or feedback publicly with other users, such as on the FLTDepartment.com community forum. Any information that you submit through such public features is not confidential, and FLTDepartment.com may use it for any purpose (including in testimonials or other FLTDepartment.com marketing materials). Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Such information can be read, collected and/or used by other users, and it could be used to send you unsolicited messages. Accordingly, please take care when using these features of the Websites. Consent. We may also disclose your information to third parties with your consent to do so.

Retention of Your Information

We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

Data Subject Rights

Third Party Links And Services

Additional Privacy Terms for All Users

The following additional information about FLTDepartment.com’s privacy practices apply to all users of FLTDepartment.com (Subscribers, Free Users, and Site Visitors).

International Users

FLTDepartment.com complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the European Union and Switzerland to the United States, respectively. FLTDepartment.com has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access and Recourse, Enforcement and Liability. If there is any conflict between the policies in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/. In compliance with the EU-US Privacy Shield and Swiss-US Privacy Shield Principles, FLTDepartment.com commits to resolve complaints about your privacy and our collection or use of your personal data. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact FLTDepartment.com at: privacy@FLTDepartment.com. FLTDepartment.com has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU Privacy Shield, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by FLTDepartment.com, please visit the BBB EU Privacy Shield web site at www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. FLTDepartment.com is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) with respect to its compliance with the provisions of the EU-US and Swiss-US Privacy Shield. We may transfer information that we collect about you to third party processors across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. FLTDepartment.com will take reasonable and appropriate steps necessary to ensure that any third party who is acting as a “data processor” under EU and Swiss terminology is processing the personal data we entrust to them in a manner that is consistent with the EU-US and Swiss-US Privacy Shield Principles. FLTDepartment.com is potentially liable in cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US and Swiss-US Privacy Shield, respectively.

Changes To Our Privacy Policy

How We Protect Your Information

Marketing Practices and Choices

California Privacy Rights

FLTDepartment.com Contact Info

If you wish to contact us or have any questions about or complaints in relation to this Policy, please contact us at privacy@FLTDepartment.com.

Subscriber Agreement

Last Updated: November 30, 2018 This Subscriber Agreement (the “Agreement”) is entered into by and between FLTDepartment.com LLC. (“FLTDepartment.com”) and the organization agreeing to the terms of this Agreement (“Customer”). This Agreement shall be effective on the earliest of (a) the date Customer clicks a button indicating its agreement with the terms of this Agreement; (b) Customer entering into an Order Form or similar form referencing or otherwise incorporating this Agreement; or (c) Customer’s use of the Service (the “Effective Date”). If you are entering into this Agreement on behalf of your organization, that organization is deemed to be the Customer and you represent that you have the power and authority bind that organization to this Agreement. This Agreement applies to you if you are a new Customer on or after November 30, 2018. 1 The Service. 1.1 Provision of the Service. FLTDepartment.com shall make the Service purchased under an Order Form available to Customer and its End Users pursuant to this Agreement during the applicable Subscription Term. The Service includes the features and functionality applicable to the version of the Service ordered by Customer. FLTDepartment.com may update the content, functionality, and user interface of the Service from time to time in its sole discretion. 1.2 Access Rights. Customer has a non-exclusive, non-sublicenseable, non-transferable (except as specifically permitted in this Agreement) right to access and use the Service pursuant to this Agreement during the applicable Subscription Term, solely for Customer’s internal business purposes subject to the limitations set forth in the Order Form. 1.3 Usage Restrictions. Customer shall not (a) make the Service available to, or use any Service for the benefit of, anyone other than Customer and its Affiliates; (b) rent, sublicense, re-sell, assign, transfer, distribute, time share, or similarly exploit the Service; (c) reverse engineer, copy, modify, adapt, hack the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) access the Service, the Documentation, or FLTDepartment.com’s Confidential Information to build a competitive product or service; (e) alter or remove, or permit any third party to alter or remove, any proprietary trademark or copyright markings incorporated in, marked on, or affixed to the Service; (f) allow End User Subscriptions to be shared or used by more than one individual End User (except that End User Subscriptions may be reassigned to new End Users replacing individuals who no longer use the Service for any purpose, whether by termination of employment or other change in job status or function); or (g) access or use the Service: (i) to send or store infringing, obscene, threatening, or otherwise unlawful material, including material violative of third-party privacy rights; (ii) in violation of applicable laws; (iii) to send or store material knowingly or intentionally containing software viruses, worms, Trojan horses or other harmful computer code, files, or scripts; or (iv) in a manner that interferes with or disrupts the integrity or performance of the Service (or the data contained therein). 1.4 Protection of Customer Data. FLTDepartment.com shall implement and maintain administrative, organizational, and technical safeguards designed for the protection, confidentiality, and integrity of Customer Data. If Customer Data includes personal data defined by EU Regulation 2016/679 (the General Data Protection Regulation or “GDPR”) and/or if such Customer Data is transferred outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, the terms of the FLTDepartment.com Data Processing Addendum shall apply to such personal data and be incorporated into this Agreement upon the execution and submission of the Data Processing Addendum by Customer to FLTDepartment.com in accordance with its terms. FLTDepartment.com’s Data Processing Addendum may be accessed at https://fltdepartment.com/terms#data-processing. 1.5 Administration of Customer’s Account. Customer acknowledges that it retains administrative control over to whom it grants access to Customer Data hosted in the Service. Customer may specify an End User to be the billing owner and, depending on the Subscription, one or more End Users to be administrators (each an “Administrator”) to manage its account, and FLTDepartment.com is entitled to rely on communications from an Administrator when servicing Customer’s account. Depending on the version purchased by Customer, Customer’s Administrator(s) may have the ability to access, monitor, use, and/or export Customer Data. Customer is responsible for maintaining the security of End User accounts and passwords. 1.6 Compliance. Customer is responsible for use of the Service by its End Users and for their compliance with this Agreement. Customer is solely responsible for the accuracy, quality, legality, reliability, and appropriateness of all Customer Data. Customer shall ensure that it is entitled to transfer the relevant Customer Data to FLTDepartment.com so that FLTDepartment.com and its service providers may lawfully use, process, and transfer the Customer Data in accordance with this Agreement on Customer’s behalf. Customer shall promptly notify FLTDepartment.com if it becomes aware of any unauthorized use of or access to Customer’s account or the Service. 1.7 Suspension. FLTDepartment.com may request that Customer suspend the account of any End User who (a) violates this Agreement or FLTDepartment.com’s User Terms of Service; or (b) is using the Service in a manner that FLTDepartment.com reasonably believes may cause a security risk, a disruption to others’ use of the Service, or liability for FLTDepartment.com. If Customer fails to promptly suspend or terminate such End User’s account, FLTDepartment.com reserves the right to do so. 1.8 Customer’s Use of Third Party Services. Customer may install or enable third party services for use with the Service, such as online applications, offline software products, or services that utilize the FLTDepartment.com API in connection with Customer’s use of the Service (“Third Party Services”). Any acquisition and use by Customer or its End Users of such Third Party Services is solely the responsibility of Customer and the applicable third party provider. Customer acknowledges that providers of such Third Party Services may have access to Customer Data in connection with the interoperation and support of such Third Party Services with the Service. To the extent Customer authorizes the access or transmission of Customer Data through a Third Party Service, FLTDepartment.com shall not be responsible for any use, disclosure, modification, or deletion of such Customer Data or for any act or omission on the part of the third party provider or its service. 1.9 Trial Subscriptions. Customer may access a version of the Service on a trial basis (a “Trial”) subject to the terms of this Agreement; provided, however, the following additional terms shall apply to its Trial notwithstanding anything to the contrary herein: (a) FLTDepartment.com shall have the right to terminate a Trial at any time and for any reason; (b) FLTDepartment.com is providing the Service “as is” and makes no warranties (express or implied) of any kind with respect to the Service during the Trial; and (c) FLTDepartment.com shall have no obligation to indemnify Customer. CUSTOMER ACKNOWLEDGES THAT ITS TRIAL WILL AUTOMATICALLY CONVERT TO A SUBSCRIPTION AT THE END OF THE TRIAL AND THAT FLTDEPARTMENT.COM MAY CHARGE CUSTOMER FOR THE APPLICABLE SUBSCRIPTION FEES UNLESS CUSTOMER HAS NOTIFIED FLTDEPARTMENT.COM IN WRITING OF ITS DECISION TO OPT OUT DURING THE TRIAL. 2 Warranties. 2.1 By FLTDepartment.com. FLTDepartment.com warrants that during the applicable Subscription Term (a) the Service shall perform materially in accordance with the applicable Documentation; and (b) FLTDepartment.com shall not materially decrease the functionality of the Service. 2.2 By Customer. Customer warrants that (a) this Agreement is legally binding upon it and enforceable in accordance with its terms; (b) it has obtained all legally required consents and permissions from End Users for the submission and processing of personal data through the Service; and (c) the transfer and processing of Customer Data under the Agreement is lawful. 2.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROFESSIONAL SERVICES, SERVICE, AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND FLTDEPARTMENT.COM AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT FLTDEPARTMENT.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FLTDEPARTMENT.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION, OR OTHER DAMAGE RESULTING FROM MATTERS OUTSIDE OF ITS CONTROL, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS, AND THIRD PARTY HOSTING SERVICE PROVIDERS. 3 Fees and Payment. 3.1 Subscription Fees. Customer’s Subscription fees are set forth in the applicable Order Form and are based on the number of End Users and version of the Service purchased. Customer shall pay all fees when due and is responsible for providing complete and accurate billing information to FLTDepartment.com. If such fees are being paid via credit card or other electronic means, Customer authorizes FLTDepartment.com to charge such fees using Customer’s selected payment method. Payment obligations are non-cancelable and fees paid are non-refundable unless otherwise provided herein. The number of End Users purchased under a Subscription cannot be decreased during the applicable Subscription Term. If Customer requires the use of a purchase order or purchase order number, Customer shall provide the purchase order number at the time of purchase. Where Customer designates use of a third-party payment processor network (such as a payment agent, for example), Customer shall be responsible for payment of all fees and charges associated with use of such network. FLTDepartment.com reserves the right to suspend Customer’s account, in addition to all of its other available rights and remedies, in the event that Customer’s account becomes overdue. Suspension shall not relieve Customer’s obligation to pay amounts due. 3.2 Auto-renewal. Customer agrees that its Subscription will automatically renew on an annual or monthly basis depending on Customer’s Subscription (the “Renewal Date”). Customer authorizes FLTDepartment.com to automatically charge Customer for the applicable fees on or after the Renewal Date unless the Subscription has been terminated or cancelled in accordance with this Agreement. If Customer wishes to reduce the number of End Users in its Subscription, it must do so prior to the Renewal Date. Customer must cancel its Subscription prior to the Renewal Date in order to avoid billing of the next period’s Subscription fees. Customer can cancel its Subscription anytime online by going into its account settings and following the instructions provided. If Customer chooses to cancel its Subscription during the Subscription Term, Customer may use the Service until the end of Customer’s then-current Subscription Term, but will not be issued a refund for the most recently (or any previously) charged fees. 3.3 Calculation. Subscription fees are based on annual or monthly periods (or pro rata portions thereof, calculated on a daily basis) that begin on the Subscription start date and each annual or monthly anniversary thereof. Subscriptions to the Service are sold on a tiered basis based on the number of End Users. Customer shall purchase a Subscription to the Service for each End User, and the initial number of End Users and tier is reflected in the applicable Order Form. Customer may add End Users to its Subscription at any time on written notice to FLTDepartment.com (email notice acceptable). FLTDepartment.com reserves the right to calculate the total number of End Users periodically and, if the number of End Users exceeds Customer’s current Subscription, then FLTDepartment.com reserves the right to invoice Customer for the applicable tier on a pro rata basis for the remaining period in Customer’s Subscription Term, so that all End User Subscription Terms coincide and are co-terminus. FLTDepartment.com reserves the right to revise fee rates and/or the billable amount structure for the Service at any time and will provide Customer with notice pursuant to Section 11.4 below) of any such changes at least twenty (20) days prior. FLTDepartment.com may charge Customer the then-current pricing for the applicable Subscription if the number of End Users is modified and/or if Customer changes its Subscription plan. 3.4 Taxes. Any fees charged to Customer are exclusive of taxes. Except for those taxes based on FLTDepartment.com’s net income, Customer shall be responsible for all applicable taxes in connection with this Agreement including, but not limited to, sales, use, excise, value-added, goods and services, consumption, and other similar taxes or duties. Should any payment for the Service be subject to withholding tax by any government, Customer shall reimburse FLTDepartment.com for such withholding tax. 3.5 Future Features and Functionality. Customer agrees that any purchases under this Agreement are not contingent on the delivery of any future feature or functionality or dependent on any oral or written public or private comments made by FLTDepartment.com regarding future features or functionality. FLTDepartment.com may release Improvements and other features and functionality in its discretion. Some features and functionality may be available only with certain versions of the Service. 4 Term and Termination. This Agreement commences on the Effective Date and shall remain in effect until all Subscriptions to the Service granted in accordance with this Agreement have expired or been terminated. Either party may terminate this Agreement if the other party: (a) is in material breach of this Agreement and fails to cure such breach within twenty (20) days following receipt of written notice from the non-breaching party, except that termination will take effect on notice in the event of a breach of Section 1.3 (“Usage Restrictions”); or (b) ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within sixty (60) days. Upon expiration or termination of this Agreement for any reason, all Subscriptions and any other rights granted to Customer under this Agreement shall immediately terminate, and FLTDepartment.com may immediately deactivate Customer’s account(s) associated with the Agreement. In no event will any termination relieve Customer of the obligation to pay any fees accrued or payable to FLTDepartment.com. The following sections shall survive expiration or termination of this Agreement: Sections 1.3 (“Usage Restrictions”), 2 (“Warranties”), 3.1 (“Subscription Fees”), 3.4 (“Taxes”), 4 (“Term and Termination”), 5 (“Confidentiality”), 6 (“Intellectual Property Rights”), 7 (“Indemnification”), 8 (“Liability”), 9 (“Export Compliance”), 10 (“Use Outside the United States of America”), 11 (“Miscellaneous”), and 12 (“Definitions”). 5 Confidentiality. 5.1 Definition of Confidential Information. During the course of performance under this Agreement, each party may make available to the other party information that is not generally known to the public and at the time of disclosure is either identified as, or should reasonably be understood by the receiving party to be, proprietary or confidential (the “Confidential Information”). Confidential Information specifically includes, but is not limited to, the Service, any Order Form(s) entered into by the parties, Customer Data, Results, business plans, product plans and roadmaps, strategies, forecasts, projects and analyses, financial information and fee structures, business processes, methods and models, and technical documentation. Confidential Information does not include information that (a) is or becomes publicly available without breach of this Agreement by the receiving party; (b) was known to the receiving party prior to its disclosure by the disclosing party; (c) is or was independently developed by the receiving party without the use of any Confidential Information of the disclosing party; or (d) is or was lawfully received by the receiving party from a third party under no obligation of confidentiality. 5.2 Protection of Confidential Information. Except as otherwise expressly permitted under this Agreement, with the express prior written consent of the disclosing party, or as required by law, the receiving party will not disclose, transmit, or otherwise disseminate to a third party any Confidential Information of the disclosing party. The receiving party will use the same care and discretion with respect to the Confidential Information received from the disclosing party as it uses with its own similar information, but in no event less than a reasonable degree of care. The receiving party may disclose the disclosing party’s Confidential Information to its employees, Affiliates, consultants, subcontractors, agents, or advisors (“Representatives”) who have a strict need to access the Confidential Information for the purpose of performing under this Agreement and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement. Either party may disclose the terms of this Agreement to potential parties to a bona fide fundraising, acquisition, or similar transaction solely for purposes of the proposed transaction, provided that any such potential party is subject to written non-disclosure obligations and limitations on use no less protective than those set forth herein. 5.3 Equitable Relief. The receiving party acknowledges that the remedy at law for breach of this Section 5 may be inadequate and that, in addition to any other remedy the disclosing party may have, it shall be entitled to seek equitable relief, including, without limitation, an injunction or injunctions (without the requirement of posting a bond, other security or any similar requirement or proving any actual damages), to prevent breaches or threatened breaches of this Section 5 by the receiving party or any of its Representatives and to enforce the terms and provisions of this Section 5 in addition to any other remedy to which the disclosing party is entitled at law or in equity. 5.4 Compelled Disclosure. The receiving party may access and disclose Confidential Information of the disclosing party if legally required to do so in connection with any legal or regulatory proceeding; provided, however, that in such event the receiving party will, if lawfully permitted to do so, notify the disclosing party within a reasonable time prior to such access or disclosure so as to allow the disclosing party an opportunity to seek appropriate protective measures. If the receiving party is compelled by law to access or disclose the disclosing party’s Confidential Information as part of a civil proceeding to which the disclosing party is a party, the disclosing party will reimburse the receiving party for the reasonable costs of compiling and providing secure access to such Confidential Information. Receiving party will furnish only that portion of the Confidential Information that is legally required to be disclosed, and any Confidential Information so disclosed shall maintain its confidentiality protection for all purposes other than such legally compelled disclosure. 5.5 Sensitive/Personal Information. Customer agrees that it shall not use the Service to send or store personal information subject to special regulatory or contractual handling requirements (e.g., Payment Card Industry Data Security Standards, the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act, and any similar data protection laws) including without limitation: credit card information, credit card numbers and magnetic stripe information, social security numbers, driver’s license numbers, passport numbers, government issued identification numbers, health-related information, biometric data, financial account information, personally identifiable information collected from children under the age of 13 or from online services directed toward children, and real time geo-location data which can identify an individual, or information deemed “sensitive” under applicable law (such as racial or ethnic origin, political opinions, or religious or philosophical beliefs). 6 Intellectual Property Rights. 6.1 By Customer. Customer owns all right, title, and interest in and to Customer Confidential Information and Customer Data, including all related Intellectual Property Rights. Customer grants FLTDepartment.com and its authorized third party service providers a worldwide, non-exclusive license to host, copy, access, process, transmit, and display Customer Data: (a) to maintain, provide, and improve the Service and perform under this Agreement; (b) to prevent or address technical or security issues and resolve support requests; (c) to investigate in good faith an allegation that an End User is in violation of this Agreement or the FLTDepartment.com User Terms of Service; or (d) at Customer’s direction or request or as permitted in writing by Customer. 6.2 By FLTDepartment.com. FLTDepartment.com owns and will continue to own all right, title, and interest, including all related Intellectual Property Rights, in and to its Confidential Information, Results, and the Service, including any enhancements, customizations, or modifications thereto. Where Customer purchases Professional Services hereunder, FLTDepartment.com grants to Customer a non-sublicensable, non-exclusive license to use any reports and other materials developed by FLTDepartment.com as a result of the Professional Services (“Results”) solely in conjunction with Customer’s authorized use of the Service and in accordance with this Agreement. 6.3 Suggestions. FLTDepartment.com welcomes feedback from its customers about the Service and Professional Services. If Customer (including any End User) provides FLTDepartment.com with any feedback or suggestions regarding the Service or Professional Services (“Feedback”), FLTDepartment.com may use, disclose, reproduce, sublicense, or otherwise distribute and exploit the Feedback without restriction or any obligation to Customer or any End User provided that FLTDepartment.com shall not identify Customer or any End User as the source of such Feedback. 7 Indemnification. 7.1 By Customer. Customer shall defend FLTDepartment.com, its Affiliates, and their employees, officers, and directors (together, the “FLTDepartment.com Indemnified Parties”) from and against third party claims, actions, and demands arising from allegations that Customer Data, unauthorized use of the Service by Customer or its End Users, or FLTDepartment.com’s processing of data pursuant to Customer’s instructions infringes a third party’s Intellectual Property Right or privacy right (each, a “Claim Against FLTDepartment.com”), and Customer shall indemnify and hold the FLTDepartment.com Indemnified Parties harmless against any damages, reasonable attorneys’ fees, and costs finally awarded against FLTDepartment.com Indemnified Parties as a result of, or for any amounts paid by the FLTDepartment.com Indemnified Parties under a Customer-approved settlement of, a Claim Against FLTDepartment.com. 7.2 By FLTDepartment.com. FLTDepartment.com shall defend Customer, its Affiliates, and their employees, officers, and directors (together the “Customer Indemnified Parties”) from and against third party claims, actions, and demands alleging that Customer’s authorized use of the Service infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of that third party (each, a “Claim Against Customer”), and FLTDepartment.com shall indemnify and hold the Customer Indemnified Parties harmless against any damages, reasonable attorneys’ fees, and costs finally awarded against Customer Indemnified Parties as a result of, or for any amounts paid by the Customer Indemnified Parties under an FLTDepartment.com-approved settlement of, a Claim Against Customer; provided, however, in no event will FLTDepartment.com have any obligations or liability under this Section 7.2 to the extent a Claim Against Customer arises from: (a) Customer or any End User’s use of the Service other than as permitted under this Agreement; or (b) use of the Service in a modified form or in combination with products, services, content, or data not furnished to Customer by FLTDepartment.com. 7.3 Potential Infringement. If the Service becomes, or in FLTDepartment.com’s reasonable judgment is likely to become, the subject of a claim of infringement, then FLTDepartment.com may in its sole discretion: (a) obtain the right, at FLTDepartment.com’s expense, for Customer to continue using the Service; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Service so that it is no longer infringing. If FLTDepartment.com, in its sole and reasonable judgment, determines that none of the above options are commercially reasonable, then FLTDepartment.com may suspend or terminate Customer’s use of the Service, in which case FLTDepartment.com’s sole liability (in addition to its obligations under Section 7.2) shall be to provide Customer with a prorated refund of any prepaid, unused fees applicable to the remaining portion of the Subscription Term. Sections 7.2 and 7.3 state FLTDepartment.com’s sole liability and the Customer Indemnified Parties’ exclusive remedy for infringement claims. 7.4 Indemnification Process. The party seeking indemnification shall provide prompt notice to the indemnifying party concerning the existence of an indemnifiable claim and shall promptly provide the indemnifying party with all information and assistance reasonably requested and otherwise cooperate fully with the indemnifying party in defending the claim. Failure to give prompt notice shall not constitute a waiver of a party’s right to indemnification and shall affect the indemnifying party’s obligations under this Agreement only to the extent that the indemnifying party’s rights are materially prejudiced by such failure or delay. The indemnifying party shall have full control and authority over the defense of any claim; provided, however, that any settlement requiring the party seeking indemnification to admit liability or make any financial payment shall require such party’s prior written consent, not to be unreasonably withheld or delayed. 8 Liability. 8.1 Limitation of Liability. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7 (“INDEMNIFICATION”), IN NO EVENT SHALL EITHER PARTY’S OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY CUSTOMER HEREUNDER IN THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. 8.2 Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES, OR LOSS OF USE, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 8.3 The provisions of this Section 8 allocate the risks under this Agreement between the parties, and the parties have relied on these limitations in determining whether to enter into this Agreement. 9 Export Compliance. The Service may be subject to export laws and regulations of the United States and other jurisdictions. Customer represents that neither it nor any of its End Users are named on any U.S. government denied-party list. Customer shall not permit any End User to access or use any Service in a U.S.-embargoed country or region or in violation of any U.S. export law or regulation. Customer and its End Users shall not use the Service to export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations that may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction Customer operates or does business. 10 Use Outside the United States of America. The Service is controlled and operated by FLTDepartment.com from its offices in the United States of America. Except as explicitly set forth herein, FLTDepartment.com makes no representations that the Services are appropriate for use in other jurisdictions. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws. FLTDepartment.com may offer services in other jurisdictions that are subject to different terms and conditions. In such instances, the terms and conditions governing those non-U.S. services shall take precedence over any conflicting provisions in this Agreement. 11 Miscellaneous. 11.1 Prior Versions. If you were an existing Customer prior to November 30, 2018, the prior version of this Agreement you agreed to when subscribing to the Service will continue to apply to you until you are otherwise notified in accordance with the terms of that agreement. 11.2 Governing Law; Venue. This Agreement and any disputes arising under it will be governed by the laws of the State of California without regard to its conflict of laws provisions, and each party consents to the personal jurisdiction and venue of the state or federal courts located in Snohomish, Washington. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 11.3 Informal Dispute Resolution and Arbitration. The parties agree that most disputes can be resolved without resort to litigation. The parties agree to use their best efforts to settle any dispute directly through consultation with each other before initiating a lawsuit or arbitration. If, after good faith negotiations the parties are unable to resolve the dispute, the parties agree that any and all disputes arising out of or in any way relating to this Agreement, including without limitation its existence, validity or termination, shall be resolved according to California law and exclusively by binding arbitration before a single arbitrator with the Judicial Arbitration and Mediation Service (JAMS) and pursuant to the then existing arbitration rules at JAMS. If the parties cannot agree upon selection of an arbitrator, then JAMS shall appoint an arbitrator experienced in the enterprise software industry. The place of the arbitration will be Snohomish, Washington unless otherwise agreed upon by the parties. The arbitration will be conducted in English. The arbitrator shall provide detailed written findings of fact and conclusions of law in support of any award. Judgment upon any such award may be enforced in any court of competent jurisdiction. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth herein is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the portions of Section 11.3 mandating arbitration shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. Customer may opt out and not be bound by the arbitration and class action waiver provisions by sending written notice to FLTDepartment.com. The notice must be sent within thirty (30) days of the Effective Date of this Agreement between Customer and FLTDepartment.com. If Customer opts out of arbitration, FLTDepartment.com also will not be bound to arbitrate. Notwithstanding the foregoing, either party shall be entitled to seek injunctive relief as set forth in Section 5.3 (“Equitable Relief”) above and to stop unauthorized use of the Service or infringement of Intellectual Property Rights. Disputes, claims, or controversies concerning either party’s Intellectual Property Rights or claims of piracy or unauthorized use of the Service shall not be subject to arbitration. The parties further agree that the prevailing party in any action or proceeding to enforce any right or provisions under this Agreement, including any arbitration or court proceedings, will be entitled to recover its reasonable costs and attorneys’ fees. 11.4 Notice. FLTDepartment.com may give general notices related to the Service that are applicable to all customers by email, text, in-app notifications, or by posting them on the FLTDepartment.com website or through the Service and such electronic notices shall be deemed to satisfy any legal requirement that such notices be made in writing. Other notices must be sent via email, first class, airmail, or overnight courier to the addresses of the parties provided herein or via an Order Form and are deemed given when received. Notices to FLTDepartment.com must be sent to FLTDepartment.com Legal at legal@FLTDepartment.com with a copy to FLTDepartment.com LLC., Attn: Legal Dept. 11.5 Publicity. FLTDepartment.com may include Customer’s name and logo in FLTDepartment.com’s online customer list and in print and electronic marketing materials. 11.6 Beta Access. Customer may be invited to participate in review and testing of pre-release versions of new and beneficial tools and Service enhancements which may be identified to Customer as “alpha,” “beta,” “preview,” “pre-release,” “early access,” or “evaluation” product or services (collectively, the “Beta Tests” and such pre-release functionality, the “Beta Product”). Customer acknowledges and understands that its participation in Beta Tests is not required and is at Customer’s own risk, and that Beta Products are made available on an “as is” basis without warranties (express or implied) of any kind, and may be discontinued or modified at any time. Beta Products are for evaluation and testing purposes, not for production use, not supported, not subject to availability or security obligations, and may be subject to additional terms. FLTDepartment.com shall have no liability for any harm or damage arising out of or in connection with Beta Products. The Beta Products, including without limitation Customer’s assessment of any Beta Product, are Confidential Information of FLTDepartment.com. 11.7 Relationship of the Parties. The parties are and shall be independent contractors with respect to all services provided under this Agreement. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. There are no third-party beneficiaries to this Agreement. Without limiting this Section, a Customer’s End Users are not third-party beneficiaries to Customer’s rights under this Agreement. 11.8 Force Majeure. FLTDepartment.com shall not be liable for delayed or inadequate performance of its obligations hereunder to the extent caused by a condition that is beyond FLTDepartment.com’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, governmental actions, interruption or failure of the Internet or any utility service, failures in third-party hosting services, and denial of service attacks (each a “Force Majeure Event”). FLTDepartment.com shall be relieved from its obligations (or part thereof) as long as the Force Majeure Event lasts and hinders the performance of said obligations (or part thereof). FLTDepartment.com shall promptly notify Customer and make reasonable efforts to mitigate the effects of the Force Majeure Event. 11.9 Severability; No Waiver. In the event that any provision of this Agreement is found to be invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. 11.10 Assignment. Neither this Agreement nor any of the rights and licenses granted under this Agreement may be transferred or assigned by either party without the other party’s express written consent (not to be unreasonably withheld or delayed); provided, however, that either party may assign this Agreement and all Order Forms under this Agreement upon written notice without the other party’s consent to an Affiliate or to its successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the non-assigning party. Any other attempt to transfer or assign this Agreement will be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns. 11.11 U.S. Government Agencies. If Customer is a U.S. Government agency utilizing FLTDepartment.com’s Service in an official capacity, Customer’s use of the Service shall be subject to this Subscriber Agreement and the Amendment to FLTDepartment.com Subscriber Agreement Applicable to U.S. Government Customers. 11.12 Modifications. FLTDepartment.com may revise this Agreement from time to time by posting the modified version on its website. If, in FLTDepartment.com’s sole discretion, the modifications proposed are material, FLTDepartment.com shall provide Customer with notice in accordance with Section 11.4 at least twenty (20) days prior to the effective date of the modifications being made. By continuing to access or use the Service after the posted effective date of modifications to this Agreement, Customer agrees to be bound by the revised version of the Agreement. 11.13 Entire Agreement. This Agreement, including all attachments, exhibits, addendums, and any Order Form(s) hereunder, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and replaces any prior or contemporaneous representations, understandings and agreements, whether written or oral, with respect to its subject matter. The parties are not relying and have not relied on any representations or warranties whatsoever regarding the subject matter of this agreement, express or implied, except for the representations and warranties set forth in this Agreement. To the extent of any conflict or inconsistency between the provisions of the Agreement and any Order Form, the Agreement shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order, vendor onboarding process, web portal, or any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void. 12 Definitions. 12.1 “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means either: (a) ownership or control of more than 50% of the voting interests of the subject entity; or (b) the power to direct or cause the direction of the management and policies of an entity, whether through ownership, by contract, or otherwise. 12.2 “Customer Data” means information submitted by an End User through the Service, including all associated messages, attachments, files, tasks, project names, team names, channels, conversations, and other similar content. 12.3 “Documentation” means FLTDepartment.com’s then-current online user guides, as updated from time to time, and made accessible from within the “Help” feature of the Service. 12.4 “End User” means an individual who is authorized by Customer to use the Service under Customer’s account. End Users may include, without limitation, Customer’s or its Affiliates’ employees, consultants, contractors and agents. 12.5 “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world. 12.6 “Improvements” means new features, functionality, enhancements, upgrades, error corrections and bug fixes to the Service made generally available by FLTDepartment.com at no additional charge. 12.7 “Order Form” means an ordering document or an online order set forth in the Service interface entered into between Customer and FLTDepartment.com (or Affiliates of either party) specifying the Service or Professional Services (if any) to be provided under this Agreement. 12.8 “Professional Services” means the customer success services provided by FLTDepartment.com, as specified in the applicable Order Form. 12.9 “Service” means FLTDepartment.com’s software as a service platform, including any Improvements, as described in the applicable Order Form. 12.10 “Subscription” means the access to the Service purchased by Customer on a per End User basis. 12.11 “Subscription Term” means the period identified in the Order Form during which Customer’s End Users are permitted to use or access the Service pursuant to the terms set forth in this Agreement.

FLTDepartment.com Cookies Policy

Effective Date: October 19, 2017 We use and allow certain other companies to use cookies, web beacons, and other similar technologies (collectively “Cookies”) on our Services. We do this to understand your use of our Services; improve your user experience and enable personalized features and content; optimize our advertisements and marketing; and to enable third-party advertising companies to assist us in serving ads specific to your interests across the Internet. You can find more information about Cookies at: www.allaboutcookies.org. What are Cookies? Cookies are text files containing small amounts of information which are downloaded to the browser that you use when you visit a site. The entity that places cookies on your browser can then read the information on that cookie that it set. Cookies are typically classified as either “session cookies” which do not stay on your device after you close your browser or “persistent cookies” which will usually remain on your device until you delete them or they expire. Different cookies are used to perform different functions: Essential Cookies: Some cookies are essential and enable you to move around the Services and use their features, such as accessing secure areas of the Services. Without these cookies, we cannot enable appropriate content based on the type of device you are using. Functionality Cookies: These cookies allow us to remember choices you make on our websites (such as your preferred language or the region you are in). Personalization Cookies: We also use cookies to change the way our Services behave or look in order to personalize your experience from information we infer from your behavior on our Services or information we may already know about you because, for example, you are a registered user. These cookies may be used to tailor the Services or the content, look and feel delivered to you on subsequent sessions to our Services. For example, if you personalize webpages, or use specific parts of the Services, a cookie helps our webpage server recall your specific information. When you next use the Services, the information you previously provided can be retrieved, so you can easily use the Services features that you previously chose. Analytics Cookies: We use our own cookies and/or third-party cookies and other identifiers (such as web beacons) to see how you use our Services in order to enhance their performance and develop them according to the preferences of our customers and visitors. For example, cookies and web beacons may be used to: maintain a consistent look and feel across our Services; track and provide trend analysis on how our users interact with our Services; track errors and measure the effectiveness of our promotional campaigns. Advertising Cookies: These cookies record your visit to our Services, your opening and review of our emails, the pages you have visited, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a website. We or our service providers may use this information to make advertisements more relevant to you. Cross-Device Cookies: Sometimes, we may use cookies in combination with the information we collect — for instance, usernames, IP addresses and unique mobile device identifiers — to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Services. Third-Party Cookies Please note that third parties (including for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies on our Services. We used trusted partners like DoubleClick and Google AdWords to help us service advertising. We also use Google Analytics on our Services to help us analyze how our Services are used. Google Analytics uses performance cookies to track visitor interactions. For example, by using cookies, Google can tell us which pages our users view, which are most popular, what time of day our websites are visited, whether visitors have been to our websites before, what website referred the visitor to our websites, and other similar information. We have little control over these “third party” cookies, so we suggest that you check the respective privacy policies for these external services to help you understand what data these organizations hold about you and what they do with it. DoubleClick: http://www.google.com/policies/technologies/ads/ Facebook: https://www.facebook.com/policy.php Google AdWords: https://support.google.com/adwords/answer/2549116?hl=en Google Analytics: http://www.google.com/analytics/learn/privacy.html Google Tag Manager: https://www.google.com/analytics/tag-manager/faq/ Google+: https://www.google.com/policies/privacy/ Twitter: https://twitter.com/privacy?lang=en YouTube: https://www.youtube.com/static?template=privacy_guidelines Web Beacons We may also use electronic images known as web beacons on our Services – sometimes called “clear GIFs”, “single-pixel GIFs”, or “web bugs”. Web beacons are used to deliver cookies on our Services, count clicks/users/visitors, and deliver co-branded content or services. We may include web beacons in our promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. Our Services may also contain web beacons from third parties to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other website operations. These web beacons may allow the third parties to set or read cookies on your device. Controlling Cookies There are a number of ways you can manage what cookies are set on you devices. Essential cookies, however, cannot be disabled. If you do not allow certain cookies to be installed, the Services may not be accessible to you and/or the performance, features, or Services of the website may be compromised.

Advertising Cookies

Browser Settings

You can disable and/or delete most types of cookies by using your browser settings. Please note that if you use your browser settings to block all cookies you may not be able to access parts of our or others’ services. The following links provide information on how to modify the cookies settings on some popular browsers: Apple Safari http://support.apple.com/kb/PH5042 Google Chrome https://support.google.com/chrome/bin/answer.py?hl=en&answer=95647&p=cpn_cookies Microsoft Internet Explorer http://windows.microsoft.com/en-US/windows7/How-to-manage-cookies-in-Internet-Explorer-9 Mozilla Firefox http://support.mozilla.org/en-US/kb/Cookies

Cross-Device Cookies

If you wish to opt out of our ability to track you across devices, you may install the Google Analytics Opt-out Browser Add-on by clicking here. Do Not Track Signals There is no uniform or consistent standard or definition for responding to, processing, or communicating Do Not Track signals. At this time the Services do not function differently based a user’s Do Not Track signal. For more information on Do Not Track signals, see All About Do Not Track. More Information If you have any questions about how we use cookies, you can contact us at terms-questions@FLTDepartment.com.

DMCA Policy

We respect artist and content owner rights and we expect our users to do the same. It is our policy to respond to claims of infringement in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, please complete the following DMCA Notice and deliver it to our Designated DMCA Agent at the contact information provided below. You must provide the following information in writing in your DMCA Notice: Identify the copyrighted work that you claim has been infringed; Identify the material that is claimed to be infringing and where it is located on the Service; Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and, e-mail address; Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner; Deliver the DMCA Notice, with the above information completed, to our Designated DMCA Agent at: DMCA Notice FLTDepartment.com LLC. copyrightagent@FLTDepartment.com UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. For questions about these or any FLTDepartment.com terms or policies, email us at terms-questions@FLTDepartment.com.

FLTDepartment.com API Terms and Conditions

Last Updated: April 27, 2015 Thank you for using the FLTDepartment.com Application Programming Interfaces (the “FLTDepartment.com APIs”). By using the FLTDepartment.com APIs, you agree to abide by these FLTDepartment.com API Terms of Use (the “API Terms”) and any and all guidelines or other documentation provided by FLTDepartment.com for use in connection with the FLTDepartment.com APIs (the “API Documentation”) as well as the FLTDepartment.com Terms of Service. In the event of any inconsistency between these API Terms and the Terms of Service, these API Terms shall control. If you are accepting these API Terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to these API Terms, in which case “you” or “your” as used herein shall mean such entity. License Grants and Restrictions. API License Grant. Subject to your compliance with these API Terms, we grant you a non-exclusive, revocable, non-transferable and non-sublicensable license to (i) access and use the FLTDepartment.com APIs to receive modify and use user content (the “User Content”) from the FLTDepartment.com service (the “FLTDepartment.com Service”) subject to the permissions of the relevant users accounts; (ii) display the User Content on your website or native application for mobile devices (“Your Application”); and (iii) to use the APIs or User Content to develop, test, and support Your Application, and to distribute Your Application to end users and to allow such end users to access your integration of the APIs within Your Application. You may not install or use the APIs for any other purpose without FLTDepartment.com’s prior written consent. Trademark License Grant. Subject to your compliance with these API Terms, we grant you a non-exclusive, revocable, non-transferable and non-sublicensable license to reproduce and display the FLTDepartment.com name and logo (the “FLTDepartment.com Marks”) in accordance with FLTDepartment.com’s trademark guidelines and solely to promote or advertise your integration of the APIs in Your Application. You Must: Obtain the explicit consent of the user before collecting, posting or sharing any User Content obtained through the FLTDepartment.com APIs on a user’s behalf. Mere authorization of your application by the user does not constitute consent. Comply with the FLTDepartment.com Terms of Service at /terms Comply with any requirements or restrictions imposed on usage of User Content by the owner of such content. Although the FLTDepartment.com APIs can be used to provide you with access to User Content, neither FLTDepartment.com’s provision of the FLTDepartment.com APIs to you nor your use of the FLTDepartment.com APIs overrides any requirements or restrictions placed on such User Content by the user. Provide users with clear and readily accessible information regarding , how you collect, use, store and disclose their data . Obtain the consent of a user prior to deleting or destroying any of the content associated with their FLTDepartment.com account. Provide attribution to FLTDepartment.com as the source of data in accordance with the following guidelines: Display an FLTDepartment.com Mark so it is clear to the user that the data is from FLTDepartment.com. Link the logo in such FLTDepartment.com Mark to https://fltdepartment.com. Comply at all times with trademark guidelines provided by FLTDepartment.com when using or displaying the FLTDepartment.com Marks. You (and Your App) May Not: Access, store, or share private user content or passwords. Make requests that exceed our rate limits or use the APIs in a manner that impacts the stability of FLTDepartment.com’s servers or impacts the behavior of other applications using the APIs. Use “nofollow” on your links to FLTDepartment.com. All links back to FLTDepartment.com should be followable. Use fraudulent information to register for an Account. Request or publish information impersonating an FLTDepartment.com user, misrepresent any user or other third party in requesting or publishing information. Create or disclose metrics about, or perform any statistical analysis of, the FLTDepartment.com APIs. Display FLTDepartment.com’s Marks or User Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and FLTDepartment.com, other than your permitted use of the APIs under the terms of this API Agreement. Display the User Content on any site that disparages FLTDepartment.com or its products or services, or infringes any FLTDepartment.com intellectual property or other rights. i) Copy, sell, rent, lease, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the FLTDepartment.com APIs. Sell, rent, lease, share, transfer, assign, or sublicense any User Content or other information or data obtained through the FLTDepartment.com APIs, directly or indirectly, to or with any third party, including any data broker, ad network, ad exchange, or other advertising or monetization-related party. Use the User Content in any advertisements or for purposes of targeting advertisements (whether such advertisements appear in Your Application or elsewhere). Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use the APIs. Use the APIs for any application that constitutes, promotes or is used primarily for the purpose of dealing in: 1. spyware or any other malicious programs or code; 2. activities that violate any law or regulation, or any rights of any person, including but not limited to intellectual property rights; 3. activities that, in FLTDepartment.com’s sole judgment, are offensive or might harm FLTDepartment.com’s business or its reputation. Usage Limitations. FLTDepartment.com may limit the maximum User Content that may be accessed, the rate at which such User Content may be accessed, and/or the number of network calls that Your Application may make via the FLTDepartment.com APIs. FLTDepartment.com may change such usage limits at any time, and/or may utilize technical measures to prevent over-usage and/or stop usage of the FLTDepartment.com APIs by an application after any usage limitations are exceeded. Fees and Payment. The FLTDepartment.com APIs are currently provided for free, but FLTDepartment.com reserves the right to charge fees for the future use of or access to the FLTDepartment.com APIs. If we do charge a fee for use of the FLTDepartment.com APIs or any developer tools and features, you do not have any obligation to continue to use our developer resources. Termination. Your license to utilize the FLTDepartment.com APIs and the FLTDepartment.com Marks shall continue until it is terminated by either party as set forth herein. You may terminate this license at any time by discontinuing use of the FLTDepartment.com APIs and closing your developer account. FLTDepartment.com may suspend or terminate your use of all or any of the FLTDepartment.com APIs at any time and for any reason or no reason at all upon notice to you, which notice may be delivered via email or in writing. Upon termination of your license for any reason, you shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the FLTDepartment.com APIs, User Content and FLTDepartment.com Marks. Disclaimer of Any Warranty. Some of the FLTDepartment.com APIs may be experimental and not tested in any manner. FLTDepartment.com does not represent or warrant that any FLTDepartment.com APIs are free of inaccuracies, errors, bugs or interruptions, or are reliable, accurate, complete or otherwise valid. The FLTDepartment.com APIs are provided “as is” with no warranty, express or implied, of any kind and FLTDepartment.com expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the FLTDepartment.com APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any FLTDepartment.com APIs including, but not limited to, any damage to your computer system or loss of data. Limitation of Liability. FLTDepartment.com shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the FLTDepartment.com APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not FLTDepartment.com has been advised of the possibility of such damages. Under no circumstances shall FLTDepartment.com be liable to you for any amount. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in Sections 5-7 may not apply to you. Release and Waiver. To the maximum extent permitted by applicable law, you hereby release and waive all claims against FLTDepartment.com, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the FLTDepartment.com APIs, the User Content or the FLTDepartment.com Marks. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits that you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. Indemnification. To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless FLTDepartment.com and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all third party claims arising from or in any way related to your use of the FLTDepartment.com APIs, including any liability or expense arising from all claims, losses, damages, liabilities, costs and fees (including reasonable attorneys’ fees) of every kind and nature. Remedies. You acknowledge that your breach of this API Agreement may cause irreparable harm to FLTDepartment.com, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which FLTDepartment.com may be legally entitled, FLTDepartment.com shall have the right to seek immediate injunctive relief in the event of a breach of this API Agreement by you or any of your officers, employees, consultants or other agents. General Terms. Relationship of the Parties. You and FLTDepartment.com shall be and act independently and not as partners, joint venturers, agents, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of FLTDepartment.com, express or implied, and you shall not attempt to bind FLTDepartment.com to any contract. Severability. If any provision of these API Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect. Governing Law. These API Terms and the relationship between you and FLTDepartment.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and FLTDepartment.com agree to submit to the personal jurisdiction of the courts located within the city and county of Snohomish, Washington. No Waiver. FLTDepartment.com’s failure to exercise or enforce any right or provision of these API Terms shall not constitute a waiver of such right or provision. For questions about these or any FLTDepartment.com terms or policies, email us at terms-questions@FLTDepartment.com.

Law Enforcement Data Request Guidelines

These guidelines are intended to provide law enforcement authorities with information regarding the process for requesting records from FLTDepartment.com. So that we can ensure compliance with our user Terms of Service and Privacy Policy, we respond only to law enforcement requests that adhere to established legal process and applicable law. U.S. Legal Process Requirements. We disclose user information solely in accordance with our published Terms of Service and applicable U.S. law, including the federal Stored Communications Act (“SCA”), 18 U.S.C. Sections 2701-2712. In accordance with U.S. law: A jurisdictionally valid subpoena, issued in connection with an official criminal investigation, is required to compel the disclosure of basic user records, which may include name, length of service, credit card information (including billing address), email address(es), and an IP address, if available. A court order is required to compel the disclosure of certain records or other information related to a user account (not including contents of communications), which may include message headers and IP addresses, in addition to the basic user records identified above. A search warrant properly issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, based on a showing of probable cause, is required to compel the disclosure of the stored contents of any account, which may include messages, attachments, or other content of communications within a user’s account. International Legal Requirements. In the case of requests from law enforcement outside of the U.S., a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory may be required to compel the disclosure of the contents of an account. Account Preservation Requests. We will take reasonable steps to preserve account records in connection with official criminal investigations for a period of 90 days pending our receipt of a formal legal request for user data. You may request the preservation of records via email, fax or mail as indicated below. Information Required in Connection With Your Request. Your Contact Information. Requesting Agency’s name Requesting Agent’s name Requesting Agent’s badge/identification number Requesting Agent’s Agency-issued Email address Requesting Agent’s telephone number, including extension Requesting Agent’s mailing address (PO Box not acceptable) Requested response date (please allow at least 3 weeks for processing) Data Request Information Full (first and last) name of the FLTDepartment.com User Email address(es) associated with the User’s account A clear and specific description of the data being requested (we will be unable to process overly broad or vague requests) Data Availability. We will search for and disclose data that is specified with particularity in an appropriate form of legal process and which we are reasonably able to locate and retrieve. User Notification. FLTDepartment.com’s policy is to notify users of requests for their information, which includes a copy of the request, prior to disclosure so that they may have an opportunity to challenge such request unless: (a) we are prohibited from doing so by law or court order; (b) there are exceptional circumstances, such as an emergency involving the risk of bodily injury or death to a person or group of people or potential harm to minors; or (c) prior notice would be counterproductive (for example, if we believe that the account in question has been hijacked). Law enforcement officials who believe that notification would jeopardize an investigation should obtain a proper court order or other appropriate process establishing that notice is prohibited. Please note that Officer authored affidavits, cover letters or similar statements are not sufficient to preclude notice to our users. Please note that in situations where a data request draws attention to an ongoing violation of our Terms of Service we may, in order to protect our service and its Users, take action to prevent any further abuse, including actions that could notify the User(s) who are the subject of your data request that we are aware of their misconduct. Submitting Your Request. A data request may be served by certified mail, express courier at our corporate headquarters at the following address: FLTDepartment.com LLC., 2250 SE 56^th Street, Suite 4-300, Issaquah Washington 98029 For questions about these or any FLTDepartment.com terms or policies, email us at terms-questions@FLTDepartment.com.

Amendment to FLTDepartment.com Subscriber Agreement

Applicable to U.S. Government Customers Last Updated: May 29, 2015 This is a supplemental agreement (“Amendment”) between FLTDepartment.com and U.S. Government customers (the “Customer” or the “Agency”) and applies to the Agency’s use of FLTDepartment.com’s collaborative workplace management service (the “Service”) under FLTDepartment.com’s Premium Subscriber Agreement (the “Subscriber Agreement”). The reason for this Amendment is that the Customer, a U.S. Government instrumentality, is obligated to follow federal laws, regulations, and practices, among which are those relating to ethics, advertising and endorsements, tax exemption and immunity, limitations on indemnification, fiscal law constraints, governing law and jurisdiction, dispute resolution, and assignment of contracts. FLTDepartment.com and Agency (the “Parties”) agree that modifications to the Subscriber Agreement available at #subscriber-agreement are appropriate to accommodate the Agency’s legal status, its public mission, and other special circumstances. Therefore, the Subscriber Agreement is modified by this Amendment as follows.

Government entity: As it relates to the Agency’s usage of the Service, the word “Customer” in the Subscriber Agreement shall mean the Agency itself and shall not apply to, nor bind (i) the individual(s) who utilize the FLTDepartment.com Service on the Agency’s behalf, or (ii) any individual users who happen to be employed by, or otherwise associated with, the Agency. FLTDepartment.com will look solely to the Agency to enforce any violation or breach of the Subscriber Agreement by such individuals, subject to federal law.
Advertisements: FLTDepartment.com agrees not to serve or display any third-party commercial advertisements or solicitations on any pages within the FLTDepartment.com site that display content uploaded by or under the control of the Agency.
Taxes: With reference to Section 5 of the Subscriber Agreement, the Parties understand that the Federal Acquisition Regulation (FAR) 29.302 (48 CFR, Chapter 1, Part 29, Subpart 29.302 – Application of State and local taxes to the Government) states that “Generally, purchases and leases made by the Federal Government are immune from State and local taxation.” Therefore, FLTDepartment.com will include no tax in Agency billings unless the tax has been determined by the Agency to be proper for payment.
Indemnification, Liability, Statute of Limitations: Any provisions in the Subscriber Agreement related to indemnification by the customer, damages, attorneys fees, filing deadlines, defense of lawsuits, collection expenses, and settlement are hereby waived. Liability of either party for any breach of the Subscriber Agreement as modified by this Amendment, or any claim, demand, suit or proceeding arising from the Subscriber Agreement or this Amendment, shall be determined under the Federal Tort Claims Act, Contract Disputes Act, or other governing federal authority. Federal Statute of Limitations provisions shall apply to any claim, demand, suit or proceeding arising from the Subscriber Agreement or this Amendment.
Governing law and Forum: The Subscriber Agreement and this Amendment shall be governed by, and interpreted and enforced in accordance with, applicable federal laws of the United States of America without reference to conflict of laws. To the extent permitted by federal law, the laws of the State of California including its choice of law rules will apply in the absence of applicable federal law. Any arbitration, mediation or other dispute resolution provision in the Subscriber Agreement is hereby waived. The forum for purposes of resolving claims and disputes will be determined in accordance with federal law.
No automatic renewal: With respect to Section 5 of the Subscriber Agreement, FLTDepartment.com agrees to waive the provision allowing FLTDepartment.com to automatically charge the Agency upon a renewal date associated with Customer’s account. FLTDepartment.com agrees to remove the auto-renew default setting for any Agency whose account details page designates an email address that ends in .gov, .mil, or .fed.us. Instead, FLTDepartment.com will notify the Agency to allow the Agency to determine if funds are available and if the Service will be needed for a renewal period.
Continuity of service during dispute: With respect to Section 6 of the Subscriber Agreement, FLTDepartment.com agrees to waive the language that would otherwise permit FLTDepartment.com to terminate the Premium Subscription contract in the event of an alleged breach of the Agreement by the Agency. Instead, recourse against the United States for any alleged breach of the Agreement must be made under the terms of the Federal Tort Claims Act or as a dispute under the Contract Disputes Act, as applicable. During the resolution of the dispute the Contractor, FLTDepartment.com, shall proceed diligently with performance of the contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Agency Contracting Officer.
Limitation of liability: The Parties agree that nothing in the limitation of liability provision in Section 10 or elsewhere in the Subscriber Agreement in any way grants FLTDepartment.com a waiver from, release of, or limitation of, liability pertaining to any past, current or future violation of federal law.
No endorsement: With reference to Section 4(d) of the Subscriber Agreement, FLTDepartment.com agrees that the Agency’s name, seals, logos, trademarks, service marks, trade names, and the fact that the Agency has a presence on the FLTDepartment.com site and uses its Services, shall not be used by FLTDepartment.com in such a manner as to state or imply (in the judgment of a reasonable person) that FLTDepartment.com’s products or services are endorsed, sponsored or recommended by the Agency or by any other element of the Federal Government, or are considered by the Agency or the Federal Government to be superior to any other products or services. Except for pages whose design and content is under the control of the Agency, FLTDepartment.com agrees not to display any Agency or Government names, seals, trademarks, logos, service marks, and trade names on FLTDepartment.com’s homepage or elsewhere on the FLTDepartment.com Site unless permission to do so has been granted by the Agency or by other relevant federal government authority. FLTDepartment.com may list the Agency’s name in a publicly available customer list on its homepage or elsewhere so long as the name is not displayed in a more prominent fashion than that of any other third-party customer.
Assignment: As indicated in Section 11(e) of the Subscriber Agreement, neither party may assign its obligations under the Subscriber Agreement as modified by this Amendment to any third party without prior written consent of the other. However, if Agency is using FLTDepartment.com’s free services only, FLTDepartment.com or its subsidiaries may, without the Agency’s consent, assign the Subscriber Agreement as modified by this Amendment to an affiliate or to a successor or acquirer, as the case may be, in connection with a merger, acquisition, corporate reorganization or consolidation, or the sale of all or substantially all of its assets. Any transfer of FLTDepartment.com assets related to the Agency’s paid subscription contract requires review and consent by the Agency, under the procedures found in the FAR Subpart 42.13 (48 CFR Chapter 1, Part 42, Subpart 42.12 – Novation).
Precedence; Further Amendments: If there is any conflict between this Amendment and the Subscriber Agreement, or between this Amendment and other terms, rules or policies on the FLTDepartment.com site or related to its Service, this Amendment shall prevail. This Amendment constitutes a mutually agreed upon amendment to the Subscriber Agreement; language in the Subscriber Agreement in Section 11(e) indicating it alone is the entire agreement between the Parties is waived. Any further amendment must be agreed to in writing by both Parties.
Posting of Amendment: This Amendment shall be posted with the FLTDepartment.com’s online Subscriber Agreement either by incorporation of its text or via an integral link.

FLTDepartment.com Subprocessors

Last Updated: June 7, 2018 In connection with our provision of the Services, FLTDepartment.com and its affiliates may engage third parties (each a “Subprocessor”) to process your Personal Data. In certain circumstances an affiliate of FLTDepartment.com may even be a Subprocessor. As a condition of permitting a Subprocessor to process your Personal Data, FLTDepartment.com (and its affiliates as applicable) will enter into a written agreement with each Subprocessor containing data protection obligations at least as protective as the technical and organizational measures FLTDepartment.com has put into place to protect your Personal Data from accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access. All terms capitalized above, but not defined have the meaning set forth in FLTDepartment.com’s User Terms of Service, Privacy Policy, and/or your applicable customer agreement with FLTDepartment.com.

Entity Name	Subprocessing Activity	Entity Country
Amazon Web Services, Inc.	Cloud Service Provider	United States
Google, Inc.	Cloud Service Provider	United States
Recurly, Inc.	Payment Processor	United States
Zendesk, Inc.	Cloud Customer Support	United States

Updates As FLTDepartment.com continues to grow, we may decide to work with new Subprocessors and will provide you with notice when that happens as required under your applicable agreement with FLTDepartment.com.

FLTDepartment.com’s Commitment to GDPR Compliance

The General Data Protection Regulation (“GDPR”) is a European law establishing protections for the personal data of EU residents that came into force on May 25, 2018. Under the GDPR, organizations that collect, maintain, use, or otherwise process EU residents’ personal data (regardless of the organization’s location) must implement certain privacy and security safeguards for that data. FLTDepartment.com has established a comprehensive GDPR compliance program and is committed to partnering with its customers and vendors on GDPR compliance efforts. Some significant steps FLTDepartment.com has taken to align its practices with the GDPR include: Revisions to our policies and contracts with our partners, vendors, and users Enhancements to our security practices and procedures Closely reviewing and mapping the data we collect, use, and share Creating more robust internal privacy and security documentation Training employees on GDPR requirements and privacy/security best practices generally Carefully evaluating and building a data subject rights’ policy and response process Below, we provide additional details about the core areas of FLTDepartment.com’s GDPR compliance program and how customers can use FLTDepartment.com to support their own GDPR compliance initiatives. Data Processing Agreements Under the GDPR, “data controllers” (i.e. entities that determine the purposes and means of processing data) are required to enter into agreements with other entities that process data on their behalf (called “data processors”). FLTDepartment.com offers its customers who are controllers of EU personal data the option to enter into a robust data processing agreement under which FLTDepartment.com commits to process and safeguard personal data in accordance with GDPR requirements. This includes FLTDepartment.com’s commitment to process personal data consistent with the instructions of the data controller. International Data Transfers As with prior EU data protection laws, the GDPR requires organizations to use a recognized legal mechanism to transfer data from the EU to other countries that do not have a similar data protection framework, including the United States. To comply with this requirement, FLTDepartment.com is certified under the EU-US Privacy Shield framework, which requires it to maintain certain safeguards for personal data transferred to the United States. Additionally, FLTDepartment.com offers customers who are data controllers of EU personal data the option to enter into EU Model Contractual Clauses with us upon request. Data Access, Management, and Portability Tools The GDPR gives individual data subjects in certain circumstances the rights to, among other things, access, delete, and make corrections to their data. FLTDepartment.com is committed to facilitating data subject requests consistent with the GDPR, as further described in our Privacy Policy. Privacy Documentation At its core, the GDPR is focused on transparency, fairness, and accountability. Accordingly, the law requires organizations to maintain documentation about their privacy practices and their decisions about how they handle individuals’ personal data. FLTDepartment.com shares the GDPR’s commitment to these principles, and has included within its ongoing GDPR compliance program documentation about its data collection and processing activities, and the various policies and guidelines it follows pursuant to the GDPR. You can learn more about how FLTDepartment.com collects, uses, and discloses personal data by visiting FLTDepartment.com’s Privacy Policy. Data Security The GDPR requires organizations to use appropriate technical and organizational measures to protect the security, confidentiality, and integrity of personal data. Security continues to be a priority for FLTDepartment.com and have implemented a variety of safeguards to protect the security of our platform, including encrypting web connections to protect data transmissions, replicating our databases to support reliability of the platform, and controlling access to our facilities and office network. FLTDepartment.com also offers customers the ability to use additional security controls to further enhance the security of their teams’ data. For more information, please see our Security Statement. Ongoing Compliance and Communication The GDPR’s requirements are comprehensive, but the law and regulatory guidance will evolve. As data protection authorities in Europe interpret the GDPR’s requirements and issue guidance, we will continue to follow these developments closely and evaluate our program for any changes or enhancements as needed. We value communication with our customers. If you have any questions about our GDPR compliance efforts, or if you are a data controller customer with questions about how we can help support your own GDPR compliance efforts, please contact us at privacy@FLTDepartment.com.