Terms of Service
FUELSTER TECHNOLOGIES INC. Terms of Service (“Terms”)
Last updated: August 23, 2020
This is a contract (“Agreement”) between you and Fuelster Technologies Inc., a Delaware Corporation (“Fuelster”, “us”, “we” or “our”), applicable when you use or access the site, services and mobile application by Fuelster, in existence now or in the future (“Fuelster Services”, “Fuelster” or “Services”). In this Agreement, the words “including” and “include” mean “including, but not limited to.”
Your access and use of the Services constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Fuelster. If you do not agree to any of the terms of this Agreement, you may not access or use the Services. This Agreement expressly supersedes any prior agreements or arrangements with you. Fuelster may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental Terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services (“Supplemental Terms”). Supplemental Terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental Terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
Fuelster may amend the terms related to the Services and said Amendments will become effective upon the publication of an amended Agreement. If/when the Agreement may change, Fuelster will notify you by revising the date at the top of the Agreement, and/or by providing you additional notice. Your continued access or use of the Services after such posting constitutes your consent to be bound by the amended Agreement. If you do not agree with the amended Agreement, please do not use the Services.
The Services constitute a technology platform that enables users of Fuelster’s applications or websites (each, an “Application”) to arrange and schedule delivery of fuel. Unless otherwise agreed by Fuelster in a separate written agreement with you, the Services are made available solely for your personal and noncommercial use. The Services are only available in the United States.
You agree to allow Fuelster to collect your precise geolocation. We collect this geolocation for the purpose of improving your user experience. You may disable your geolocation but be advised this may impact Services from Fuelster to you. We will not disclose your geolocation to any third parties without your consent.
You agree to allow Fuelster to collect your vehicle information, such as the general condition of your vehicle, license plate, make, model or year, or vehicle identification number (“VIN”), on occasion if there is an error in the information you provided or for verification purposes. This may be collected by taking a picture of your vehicle.
User Eligibility & Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Fuelster certain personal information, such as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method (either a credit card or accepted payment partner). Multiple vehicles can belong to one Account. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Fuelster’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Fuelster in writing, you may only possess one Account.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not use the Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to Fuelster or any other party
Network Access & Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Fuelster does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Subject to your compliance with this Agreement, Fuelster grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
- access and use the Applications on your personal device solely in connection with your use of the Services; and
- access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and noncommercial use. Any rights not expressly granted herein are hereby reserved by Fuelster and Fuelster’s licensors.
You may not:
- have more than one active Account;
- use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
- remove any copyright, trademark or other proprietary notices from any portion of the Services;
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Fuelster;
- perform any activity in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
- decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
- link to, mirror or frame any portion of the Services;
- attempt to probe, scan or test the vulnerability of any Fuelster system or network or breach any security or authentication measures;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and functionality of any aspect of the Services;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Fuelster or any of Fuelster’s providers or any other third party (including another user) to protect the services or any Content; or
- attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services and all rights therein are and shall remain Fuelster’s property or the property of Fuelster’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights:
- in or related to the Services except for the limited license granted above; or
- to use or reference in any manner Fuelster’s company names, logos, product and service names, trademarks or services marks or those of Fuelster’s licensors.
We may send you messages, if you opt-in, for the purpose of delivering the Services and improving your customer experience – for example, if we need to contact you if we are not able to locate your vehicle. When you opt-in to the Service, we will send you a message to confirm signup. Message and data rates may apply. Message frequency varies depending on your activity of the Service.
Referral Program & Promotional Codes
Fuelster may, in Fuelster r’s sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services and, subject to any additional terms that Fuelster establishes on a per promotional code basis. You agree that Promo Codes:
- must be used for the intended audience and purpose, and in a lawful manner;
- may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Fuelster;
- may only be used for new customers and Accounts, unless expressly permitted by Fuelster;
- may be disabled by Fuelster at any time for any reason without liability to Fuelster;
- may only be used pursuant to the specific terms that Fuelster establishes for such Promo Code;
- are not valid for cash; and
- may expire prior to your use.
Fuelster reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Fuelster determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
Third Party Services & Content
User Provided Content
Fuelster may, in Fuelster’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Fuelster through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. By providing User Content to Fuelster, however, you grant Fuelster a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise utilize in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Fuelster’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
- you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Fuelster the license to the User Content as set forth above; and
- neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Fuelster’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade sect, moral right or other intellectual property rights or rights of publicity or privacy; (ii) violate or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, or offensive; (v) promotes discrimination, bigotry, racism hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. Fuelster may, but shall not be obligated to, review, monitor, or remove User Content, at Fuelster’s sole discretion and at any time and for any reason, without notice to you.
You understand that use of the Services may result in charges to you for the services or goods you receive from Fuelster (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Fuelster. All Charges are due immediately and payment will be facilitated by Fuelster using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Fuelster may use the secondary payment method from your Account, if available. You agree that Fuelster will send you a receipt by your choice of email or text message, and/or through the application. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law.
Gratuities are voluntary. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services or goods obtained through the Services, you are under no obligation to do so.
Modifications & Cancellations of Services
Fuelster, at its sole discretion, reserves the right to create, modify, and remove Charges for any or all services or goods obtained through the use of the Services. Fuelster may from time to time provide certain users with Promo Codes and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that such Promo Codes and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to provision of the Services, in which case you may be charged a cancellation fee.
Fuelster may, at its sole discretion, elect to not fill a requested vehicle if Fuelster deems it unsafe to do so, or if fueling the vehicle would violate an applicable law, code, standard, or procedure. In such an event, the request may be cancelled by Fuelster, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by Fuelster, no payment will be charged. The Account holder will be notified.
DISCLAIMERS & LIMITATION OF LIABILITY
YOU USE THE FUELSTER SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FUELSTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FUELSTER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FUELSTER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OF FUELS PROVIDED TO YOU. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
FUELSTER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FUELSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FUELSTER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. FUELSTER SHALL NOT BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, OR OTHER INJURIES RESULTING FROM CAUSES BEYOND FUELSTER’S REASONABLE CONTROL.
FURTHERMORE, FUELSTER IS NOT LIABLE FOR ANY OTHER INTANGIBLE LOSSES RESULTING FROM:
- THE USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO FUELSTER SERVICES.
FUELSTER ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILURE IN PERFORMANCE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY OTHER INJURY RESULTING FROM CAUSES BEYOND FUELSTER REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You are responsible for your use of the Services, and you will indemnify and hold Fuelster and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Fuelster Entities”) from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:
- your access to, use of, or alleged use of, the Services or services or goods obtained through your use of the Services;
- your breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
- Fuelster’s use of your User Content;
- your violation of the rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or
- any dispute or issue between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Fuelster on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Fuelster, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Fuelster by someone else.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Fuelster. You acknowledge and agree that you and Fuelster are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Fuelster otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:
- bring an individual action in small claims court;
- pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
- seek injunctive relief in a court of law; or
- to file suit in a court of law to address an intellectual property infringement claim.
Arbitration Rules & Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The AAA Rules are available at https://www.adr.org/active-rules or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at https://www.adr.org/Forms. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Fuelster will not seek, and hereby waives all rights Fuelster may have under applicable law to recover, attorneys’ fees and expenses if Fuelster prevail in arbitration.
NO CLASS ACTION
YOU AND FUELSTER 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. Further, unless both you and Fuelster agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section will be null and void.
If Fuelster makes any future change to this arbitration provision, other than a change to address for Notice, you may reject the change by sending us written notice within 30 days of the change to Fuelster’s address for Notice, in which case your account with Fuelster will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If the subsection (Enforceability) is found to be unenforceable or if the entirety of this Section 6 is found to be unenforceable, then the entirety of this Section 6 (other than, in the latter case, this subsection (Enforceability)) will be null and void and, in that case, the parties agree that This Agreement is governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.
You may not assign this Agreement without Fuelster’s prior written approval. Fuelster may assign these Terms without your consent to:
- a subsidiary or affiliate;
- an acquirer of Fuelster’s equity, business or assets; or
- a successor by merger.
Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Fuelster as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Fuelster’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fuelster in writing.
Notice Regarding Other App Stores or Services
While striving for continuous improvement across the Service, we may periodically add and/or remove functionality, content and features. When such changes occur, we reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days-notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
If you have any questions about these Terms, please contact us.