By downloading or using the RTS Pro App (the “App”) from RTS Financial Service, Inc. you agree to comply with this Mobile App User Agreement (the “Mobile Terms”). Your use of the App is subject to your acceptance of these terms. By completing the online registration process, you confirm and affirm that you have read, understood, and agree to these Mobile Terms. If you do not agree to these terms, or are incapable of complying with them, do not use the App.
Ownership, License & Restrictions on Use
The entire content of the App, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, programs, tools, and the design, structure, coordination, expression, “look and feel” and arrangement of such content (collectively, “App Content”) is owned controlled, or licensed by or to RTS. Your use of the App does not grant you any rights to any of the App Content or to any content incorporated into the App owned by RTS’ third-party vendors or partners.
RTS grants you a personal, revocable, non-transferable, non-exclusive limited license to download, install, access and use the App for your personal and internal business purposes only and strictly in accordance with these Mobile Terms. These terms further apply to and govern any upgrades provided by RTS that replace and/or supplement the version of the App that you initially download, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. In the event of a conflict between the Mobile Terms and any other agreement, these Mobile Terms shall control. All rights not expressly granted in the Mobile Terms are reserved for RTS.
You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the App or the App Content. You may not copy, adapt, distribute, transfer, publicly display, transmit, broadcast, exploit, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof except as expressly permitted herein.
You agree that you will not engage in conduct or communications in connection with the App that are: (a) obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impacts others’ ability to use the Sites; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Site for any other authorized user; or (g) violate any applicable local, state, national or international law.
You also agree that you will not (h) attempt to gain unauthorized access to any portion or feature of the App or our systems, networks or servers by hacking, password “mining” or any other illegitimate means. We reserve the right to bar any such activity or use in our discretion.
We may make improvements, changes, or amendments to the information, services, products, and other materials in the App, or terminate the App at any time in our sole discretion. At some point we may update the App. While the App is currently available on Android and iOS, the requirements for both operating systems (and for any additional operating systems on which we may decide to offer the App) may change, requiring you to download the updates if you want to keep using the App. You promise to always accept updates to the App when offered. The decision to develop and offer, or not offer, updates to the App belongs solely to us.
We may modify the Mobile Terms at any time, and such modifications will be effective immediately upon posting. You should periodically agree to review the Mobile Terms as your continued access to or use of the App will be deemed your acceptance of the modified Mobile Terms.
Your license to use the App is effective until terminated by you or RTS for any reason. If you breach any of these Mobile Terms, your rights under these Mobile Terms will terminate automatically without notice from RTS. Upon termination of your license, you shall cease all use of the App and destroy all copies, full or partial, of the App. Furthermore, we reserve the right to terminate your access to, and use of, the App at any time, with or without cause, in our sole discretion and you agree that we are not, and cannot be, liable to you, or any third party, for the removal or disabling of access to, or use of, the App.
Consent to Use of Data
Any information you provide us, including feedback, responses to questions, comments, or suggestions, or the like regarding the App Content will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information. By uploading, sending, posting or otherwise providing any information or material through the App, you grant RTS an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it. You agree that RTS is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose, including creating derivative works.
Third-Party Services and Materials
The App may enable access to third-party services and websites (collectively and individually, “Services”). Use of the Services may require internet access and your acceptance of additional terms of service. Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright, compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials, or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
You agree that Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws and that you will not use such proprietary content, information or materials in any way whatsoever except as authorized in these Mobile Terms. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from your mobile device or PC are not available in all languages or in all countries. We make no representations that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We and our licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will we be liable for the removal or disabling of access to any such Services. We may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT LIES, AND REMAINS, WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP (“APP SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY APP SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, OR THE FUNCTIONS CONTAINED IN, OR APP SERVICES PERFORMED OR PROVIDED BY, THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR APP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RTS OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
ALL DISCOUNTS AND REBATES ARE SUBJECT TO APPROVAL AND ARE CONTINGENT UPON RTS MAINTAINING RELATIONSHIPS WITH THE RESPECTIVE PROVIDERS. ALL SUCH DISCOUNTS AND REBATES MAY BE CHANGED OR ELIMINATED WITHOUT NOTICE. POINT OF SALE DISCOUNTS MAY NOT BE AVAILABLE IMMEDIATELY. REBATES WILL CONTINUE UNTIL THE NEW PLAN IS FULLY IMPLEMENTED. ANY PAYMENT OBLIGATIONS BY RTS HEREUNDER ARE CONTINGENT UPON RTS BEING PAID IN FULL BY THE RESPECTIVE PROVIDER. ANY PERCEIVED ERROR IN THE AMOUNT OF A DISCOUNT OR REBATE SHALL BE RAISED IN WRITING BY THE CUSTOMER WITHIN THIRTY (30) DAYS OF THE TRANSACTION DATE OR SUCH PERCEIVED ERROR SHALL BE FOREVER WAIVED BY THE CUSTOMER. ALL DISCOUNTS, REBATES AND SAVINGS NUMBERS REFLECTED THEREIN ARE ONLY ESTIMATES. CUSTOMER ACKNOWLEDGES AND AGREES THAT (A) THE INFORMATION UTILIZED BY RTS IS DERIVED FROM THIRD-PARTY SOURCES AND IS NOT INDEPENDENTLY DEVELOPED BY RTS OR A GUARANTEED PRICE AT THE PUMP, (B) THE USEFULNESS OF THE INFORMATION PROVIDED HEREIN IS LIMITED BY THE THOROUGHNESS AND ACCURACY OF SUCH THIRD-PARTY INFORMATION, (C) RTS IS NOT RESPONSIBLE FOR FAILING TO INCLUDE ANY INFORMATION, FOR THE ACTIONS OR OMISSIONS OF CONTRIBUTORS OF INFORMATION TO RTS OR FOR MISSTATEMENTS OR INACCURACIES IN INDUSTRY MATERIALS UTILIZED BY RTS, AND (D) ALL WARRANTY DISCLAIMERS AND EXCLUSIONS MADE BY CONTRIBUTORS OF INFORMATION OR DATA TO RTS SHALL APPLY TO THE DISCOUNTS AND REBATES COVERED HEREIN. BY PARTICIPATING IN THIS PROGRAM, YOU HEREBY AGREE TO THE FINAL PURCHASE PRICE FOR EACH TRANSACTION AS ESTABLISHED BY RTS CARRIER SERVICES AND THE INDIVIDUAL FUEL STATIONS UTILIZING THE LOWER OF COST PLUS, RETAIL MINUS, OR MARQUEE PRICE FOR QUALIFIED FLEETS.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law) exceed the amount of ten dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree to defend, indemnify, and hold RTS and its affiliates, partners, agents and subsidiaries, harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the App or the App Content, or by your conduct that would constitute a breach of any of these Mobile Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
By communicating with RTS through the App, you affirm that the information you are providing to RTS is accurate, complete and authorized by you as received by RTS and that you have the right to provide such information to RTS. You agree not to contest the validity and binding effect of those communications.
You also authorize RTS to communicate with you regarding your account or significant business issues. Such communications will be titled: “RTS Pro Notification: Please Read.”
You must be 18 or older, and have completed the registration process, to utilize the App. Upon online registration, you will receive a USER ID and password from RTS. Do not disclose your USER ID or password to anyone else. You are entirely responsible for any use of the RTS App under your USER ID or password. You must immediately notify RTS of any unauthorized use of your USER ID or password or any breach of security that becomes known to you.
Our App is intended to be used by and directed to residents of the United States and all statements or claims made in the App are valid only in the United States. These Mobile Terms and the resolution of any dispute related to the App, App Content, or these Mobile Terms will be governed by the laws of Kansas, without giving effect to any principles of conflicts of law. Any action to enforce the Mobile Terms or a matter or dispute arising out of the App or the App Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in Johnson or Wyandotte County, Kansas.
RTS’ failure to insist upon strict enforcement of any provision of these Mobile Terms will not be construed as a waiver of any provision or right.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App, the App Content, or these Mobile Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.
You may not assign or transfer your rights or obligations under the Mobile Terms, by operation of law or otherwise, without RTS’ prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Mobile Terms, without such consent, will be null and of no effect. RTS may assign or transfer its rights and obligations under these Mobile Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Mobile Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
RTS Financial™, RTS Carrier Services™, RTS Pro™, and other logos, product, and service names are trademarks and service marks owned by or licensed to RTS Financial or its affiliates (the “Marks”). You agree not to display or use the Marks in any manner without the prior written permission of RTS Financial, or its appropriate affiliates.
All other trademarks are the property of their respective owners.
Last modified: September 7, 2018