8 The Green, DE 19901 (302) 295 2292 [email protected]

Terms and Conditions

TERMS OF USE AGREEMENT

In consideration of Fuel National Division LLC’s (together with its subsidiaries, divisions, affiliates, and assigns collectively referred to as “FND FUEL”) allowing you to use the online or mobile website ( “Electronic Platform”) and the services provided by and related to the Electronic Platform, as applicable, you agree to be bound by the terms and conditions (“Terms of Use”) of this Agreement (the “Agreement”).

You must read all of the Terms of Use as set forth herein prior to accessing or using any FND FUEL Electronic Platform. You acknowledge and agree that you are 18 years of age or older, that use of the Electronic Platform constitutes acceptance of the Terms of Use, and that your continued use of the Electronic Platform constitutes a continuing acceptance of this Agreement as it may be revised from time to time in FND FUEL’s sole discretion and without notice to you. This Agreement will be accessible from the https://fuelfnd.com/ and it is your responsibility to check this Agreement each time before you use the Electronic Platform for any revisions.

 

Use of the Electronic Platform

The Electronic Platform is the property of FND FUEL. You are granted a non-exclusive, revocable, and non-transferable limited license to view and use the Electronic Platform provided (a) it is used only for informational, personal, non-commercial purposes, and (b) you do not remove or obscure any copyright notice or other notices found within the Electronic Platform. You do not have the right to sublicense your rights under this Agreement. Without the express written consent of FND FUEL, you are not allowed (i) to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Electronic Platform; (ii) to reproduce any part of the Electronic Platform or mirror any material contained within the Electronic Platform on any other server or application; or (iii) to link to or from the Electronic Platform. FND FUEL reserves the right, at its sole discretion, to deny access to the Electronic Platform or to take any other appropriate action if it believes that your conduct is in violation of applicable law or this Agreement, or for any other reason.

 

Access

In order to access some of the features in the Electronic Platform, you may have to create an account. You many never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs with respect to any account you create and you must keep any associated password secure. If you suspect a breach of security or unauthorized access to any account, you must notify FND FUEL. As set forth herein, although FND FUEL will not be liable for any loss caused by unauthorized access, you be liable for the losses of FND FUEL or others for such unauthorized use.

 

Computational Resources

As consideration for your right to access and use the Electronic Platform, you agree that FND FUEL has the right to utilize the processor, bandwidth and storage hardware on any computer, smartphone, or other relevant device that you use to access or use the App for the purpose of facilitating the communication and transmission of content and other data or features to or from you and/or FND FUEL and/or other users of the App. As additional consideration, you also agree to release FND FUEL and indemnify FND FUEL from any claims, actions, demands, costs, damages, liabilities and settlements related in any way to FND FUEL’s utilization of the processor, bandwidth and storage hardware on any computer, smartphone, or other relevant device that you use to access and use the App.

 

You agree not to use or launch any automated systems, including, but not limited to “robots,” “spiders,” offline readers” etc. that accesses the websites or Apps or any part of the Electronic Platform in a manner that sends more request messages to FND FUEL servers in a given period than a human can reasonably produce in the same period using on-line web browsing. Notwithstanding the foregoing, FND FUEL grants the operators of public search engines permission to use spiders to copy materials from its website(s) for the sole purpose of creating publicly searchable indices of the materials, but not caches or archives of such materials.

 

Product and Service Representation

The Electronic Platform may contain general information related to FND FUEL travel center locations, daily fuel prices and amenities/accommodations (charging locations and related information, diesel exhaust fluid (DEF) availability and number of DEF lanes) available at each FND FUEL travel center location, coupons and special offers, information related to points earned by participants in any of FND FUEL’s loyalty programs, links to and information from the FND FUEL website and social media profiles, and an interactive customer service forum that will allow FND FUEL customers to evaluate FND FUEL travel centers that they visit. FND FUEL makes no warranties, representations or guarantees that such information is accurate or that any service or product referenced in the material found in the Electronic Platform will be available at a specific time or at a certain store location. Availability of any offered fuel discount(s) to holders of the App is subject to federal, state and local law. Such discount is void where prohibited by law.

 

Links to Other Websites or Applications

FND FUEL may provide links to third-party websites or other applications on the Electronic Platform from time to time. These links are provided as a convenience to you and other users of the Electronic Platform and the inclusion of any such link does not constitute an endorsement by FND FUEL of the use of or content on such other websites or applications. You acknowledge and agree that FND FUEL is not liable for any loss or damage which may be incurred by you for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third-party websites and/or applications and all use is at your own risk. FND FUEL makes no warranty or representation and disclaims any liability related to any linked websites or applications and/or their content, and FND FUEL is not responsible for the terms of use or privacy practices of such other websites or applications. You should review the privacy and terms of use for each third-party website or application and confirm they are acceptable prior to registration on or use of the third-party website or application

 

Prohibited Use of the Electronic Platform

As an express condition of your use of the Electronic Platform, you explicitly agree not to use this Electronic Platform for any purpose that is unlawful or prohibited by this Agreement. Also, you agree not to use the Electronic Platform in any way that could damage, disable, overburden, or impair the Electronic Platform, or interfere with others’ use of it. Furthermore, you agree not to attempt to gain access to FND FUEL’s computer systems or networks connected to FND FUEL through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Electronic Platform. Finally, you agree not to use the Electronic Platform to attempt to gain a competitive advantage over FND FUEL.

 

Trademarks

All trademarks, service marks, trade names and trade dress on the Electronic Platform are owned or licensed by FND FUEL., and you may not use any such trademarks, service marks, trade names or trade dress without the express written permission of FND FUEL.

FND FUEL may use trademarks, service marks, logos, graphics, designs, names, and the like from third parties for display on the Electronic Platform. Such posting is done with the permission of these third parties, and such material is to be considered the exclusive property of the respective third parties.

 

Copyrights

All software and content included on the Electronic Platform, including all text, graphics, logos and images, is owned by FND FUEL or third parties and is protected by United States and international copyright laws. You may view and use the content of the Electronic Platform in connection with your use of the Electronic Platform. Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Electronic Platform is strictly prohibited, except as otherwise specifically set forth herein. You do not acquire ownership rights to any content or other materials viewed on or through the Electronic Platform. The posting of information or materials on the Electronic Platform does not constitute a waiver of any rights therein. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the Electronic Platform or any part thereof, unless this is expressly permitted or required by law, or unless you have been granted written permission to do so by an authorized representative of FND FUEL.

Claims of Intellectual Property Violations and Agent for Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide FND FUEL with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. Your address, telephone number, and email address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  5. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Send to: Fuel National Division LLC

 8 The Green #11509

 Dover, DE 19901

 

Disclaimer

THE ELECTRONIC PLATFORM IS PROVIDED BY FND FUEL ON AN “AS IS” “WHERE IS” AND “AS AVAILABLE” BASIS. USERS OF THE ELECTRONIC PLATFORM ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE ELECTRONIC PLATFORM. FND FUEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE ELECTRONIC PLATFORM, THAT THE USE OF THE ELECTRONIC PLATFORM WILL MEET YOUR REQUIREMENTS/EXPECTATIONS OR THAT THE INFORMATION IS ACCURATE OR RELIABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, FND FUEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. FND FUEL MAKES NO WARRANTIES THAT THE USE OF THE ELECTRONIC PLATFORM OR SERVICES AVAILABLE ON THE ELECTRONIC PLATFORM WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. 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.

IN ADDITION, FND FUEL DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY ON OR THROUGH THE ELECTRONIC PLATFORM OR ANY HYPERLINKED WEBSITE FOUND ON THE ELECTRONIC PLATFORM OR FEATURED IN ANY BANNER OR ADVERTISEMENT WITHIN THE ELECTRONIC PLATFORM. CONSEQUENTLY, FND FUEL WILL NOT BE LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FND FUEL OR THROUGH OR FROM THE ELECTRONIC PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD FND FUEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, COSTS, DAMAGES, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THIS AGREEMENT OR FND FUEL’S PRIVACY NOTICE, YOUR USE OF THE ELECTRONIC PLATFORM, OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD-PARTY.

Limitation of Liability

FND FUEL WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, PERSONAL INJURY, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE ELECTRONIC PLATFORM OR SERVICES AVAILABLE ON THE ELECTRONIC PLATFORM, THE UNAVAILABILITY OF THE ELECTRONIC PLATFORM, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF FND FUEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COLLECTIVE FND FUEL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ELECTRONIC PLATFORM OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ELECTRONIC PLATFORM AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ELECTRONIC PLATFORM. YOU AND FND FUEL 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 PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. EACH PARTY FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLED OR INCREASED.

THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FND FUEL. THE ELECTRONIC PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Privacy

We value your privacy. To view and learn more about our Privacy Notice, click here..

Jurisdiction

You expressly agree that exclusive jurisdiction of any dispute with FND FUEL, or in any way relating to your use of the Electronic Platform, resides in the federal or state courts located in DuPage County, Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving FND FUEL or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers. This Agreement shall be governed and construed by the laws of the State of Illinois, without respect to its conflict of laws principles.

BY YOUR USE OF THE ELECTRONIC PLATFORM, YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

Assignment

You may not assign your use of the Electronic Platform. FND FUEL may assign this Agreement or any part of it to any third-party, without reservation, and in FND FUEL’s sole discretion.

Miscellaneous

The Electronic Platform and these Terms of Use may be changed by FND FUEL at any time and in FND FUEL’s sole discretion, with or without notice to you. Any modifications to this Agreement will be effective immediately upon posting any revised version of this Agreement on the Electronic Platform. It is your responsibility to review the Agreement each time you use the Electronic Platform so that you are aware of any modifications made. Usage of the Electronic Platform means you accept the then current form of the Terms of Use Agreement for the Electronic Platform. This Agreement constitutes the entire agreement between you and FND FUEL, and supersedes all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Electronic Platform, the content, products, or services provided by or through the Electronic Platform. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Should any provision of this Agreement be deemed invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement.

By accessing or otherwise using this Electronic Platform you agree to be bound by the terms and conditions set forth herein. If you do not agree to these terms and conditions, you should stop using the Electronic Platform immediately.