Agreement to Terms
These Terms of Service ("Terms") govern your use of Absolute ELD's Electronic Logging Device services, website, and mobile applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Service Description
Absolute ELD provides:
- Electronic Logging Device hardware and software solutions
- Hours of Service (HOS) tracking and compliance monitoring
- Fleet management and vehicle tracking services
- DOT compliance reporting and documentation
- Customer support and technical assistance
- Mobile applications for drivers and fleet managers
User Responsibilities
By using our Services, you agree to:
- Provide accurate and complete information during registration
- Maintain the security of your account credentials
- Use the Services in compliance with all applicable laws and regulations
- Ensure proper installation and maintenance of ELD devices
- Train drivers on proper use of the ELD system
- Report any technical issues or malfunctions promptly
- Pay all fees and charges associated with the Services
- Not interfere with or disrupt the Services
DOT Compliance and Regulatory Requirements
Our ELD devices are certified to meet DOT and FMCSA requirements. However, compliance with Hours of Service regulations remains your responsibility. You acknowledge that:
- You are responsible for ensuring drivers comply with HOS regulations
- ELD data may be subject to inspection by regulatory authorities
- You must maintain backup records as required by law
- Any violations or penalties are your sole responsibility
- We will cooperate with regulatory investigations as required by law
Payment Terms
- Fees are charged monthly or annually as specified in your service agreement
- Payment is due in advance and is non-refundable except as required by law
- We may suspend services for non-payment after appropriate notice
- You are responsible for all taxes associated with your use of the Services
- Prices may change with 30 days' notice
Intellectual Property Rights
The Services, including all software, hardware designs, documentation, and content, are owned by Absolute ELD and protected by intellectual property laws. You are granted a limited, non-exclusive license to use the Services solely for your business operations. You may not copy, modify, distribute, or reverse engineer any part of the Services.
Data Ownership and Usage
You retain ownership of your business data. We may use aggregated, anonymized data to improve our Services and for analytical purposes. ELD data will be retained and made available as required by DOT regulations. You grant us the right to use your data to provide the Services and comply with legal obligations.
Limitations of Liability
IMPORTANT LEGAL NOTICE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABSOLUTE ELD SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, or business opportunities
- DOT violations, fines, or penalties
- Service interruptions or technical malfunctions
- Data loss or corruption (beyond our backup obligations)
- Third-party actions or regulatory changes
Our total liability shall not exceed the amount paid by you for the Services in the 12 months preceding the claim.
Warranties and Disclaimers
We provide the Services "as is" and disclaim all warranties except those that cannot be excluded by law. We warrant that:
- Our ELD devices meet DOT certification requirements
- Services will be provided with reasonable care and skill
- We will maintain appropriate data security measures
We do not warrant that the Services will be uninterrupted, error-free, or meet all your requirements.
Termination
Either party may terminate this agreement:
- With 30 days' written notice for convenience
- Immediately for material breach that remains uncured after 15 days' notice
- Immediately if the other party becomes insolvent or files for bankruptcy
Upon termination, we will provide you with your data in a standard format and cease providing Services. ELD data will be retained as required by law.
Governing Law and Disputes
These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles. Any disputes will be resolved through binding arbitration in Chicago, Illinois, except for claims that may be brought in small claims court. You waive any right to a jury trial or class action.
Changes to Terms
We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated with 30 days' notice. Your continued use of the Services after changes take effect constitutes acceptance of the new Terms.
Contact Information
If you have questions about these Terms of Service, please contact us:
Email: info@absoluteld.com
Phone: +1 (224) 817-3703
Address: 406 Village Rd, Willowbrook, IL 60527