Thank you for choosing FuelTrex! The terms, conditions, and notices contained herein (the “Terms”) apply to your access and use of FuelTrex. Please read them carefully before you use FuelTrex.
Agreement between User and FuelTrex Inc.
This is a contract (“Agreement”) between you (the “User”) and FuelTrex Inc., a Delaware Corporation (“FuelTrex”, “we”, or “us”). These terms are a binding agreement. Your use of, and access to the site, services and/or mobile application by FuelTrex, in existence now or in the future (“FuelTrex Services”, “FuelTrex”, “Trex”, “Site”, or “Services”) is conditioned on your acceptance without modification of the terms. Your use of FuelTrex constitutes your agreement to all such terms. In this Agreement, the words “including” and “include” mean “including, but not limited to”. Please read these terms carefully, and keep a copy of them for your reference.
Privacy
Your use of FuelTrex is subject to FuelTrex’s Privacy Policy. Please review our Privacy Policy, which informs users of our data collection practices.
Services
The Services constitute a technology-enabled platform that allows users of FuelTrex’s mobile application or websites (each, an “Application”) to arrange and schedule logistics services, including on-demand delivery of fuel and prepayment of fuel at guaranteed prices for later consumption. Unless otherwise agreed by FuelTrex 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.
User Eligibility and Account Use
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 FuelTrex certain personal information, including your name, address, mobile phone number, password, vehicle year, make, model, and license plate, as well as at least one valid payment method (credit card, debit card, or ACH). You can add multiple vehicles and addresses 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 FuelTrex’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 FuelTrex 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 FuelTrex or any other party.
Geolocation
You agree to allow Fueltrex to collect your precise geolocation. We collect this geolocation for the purpose of improving your user experience – such as locating partner fueling stations near you, or discovering whether you are within one of our delivery service areas. You may disable your geolocation but be advised this may impact Services from FuelTrex to you. We will not disclose your geolocation to any third parties without your consent.
Vehicle Information
You agree to allow FuelTrex to collect your vehicle information, such as the license plate, make, model or year, and color.
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. FuelTrex 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.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use FuelTrex strictly in accordance with these terms of use. As a condition of your use of the Services, you warrant to FuelTrex that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through FuelTrex.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on FuelTrex, is the property of FuelTrex or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on FuelTrex. FuelTrex content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FuelTrex and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FuelTrex or our licensors except as expressly authorized by these Terms.
Links to Third Party Content/Third Party Services
FuelTrex Services may be made available or accessed in connection with third party content and services (“Linked Sites”). The Linked Sites are not under the control of FuelTrex and FuelTrex is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FuelTrex is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FuelTrex of the content or any association with its operators.
Certain services made available via FuelTrex are delivered by third party organizations. By using any product, service or functionality originating from FuelTrex, you hereby acknowledge and consent that FuelTrex may share such information and data with any third party with whom FuelTrex has a contractual relationship to provide the requested product, service or functionality on behalf of FuelTrex users and customers.
Third Party Accounts
You will be able to connect your FuelTrex account to third party accounts. By connecting your FuelTrex account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Charges
You understand that use of the Services may result in charges to you for the services or goods you receive from FuelTrex (“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 FuelTrex. All Charges are due immediately and payment will be facilitated by FuelTrex using the preferred payment method designated in your Account. You agree that FuelTrex will make available a receipt to you through the application. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law.
Modifications, Delays and Cancellations of Services
FuelTrex, 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. FuelTrex 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.
FuelTrex may, at its sole discretion, elect to not fill a requested vehicle if FuelTrex 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 FuelTrex, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by FuelTrex, a full refund will be issued. The Account holder will be notified.
In the event a vehicle (and/or its fuel door) for which a fueling request has been made is not accessible at the designated address and within the timeframe of delivery, our driver will make two attempts to contact the user via phone call. If the vehicle is still not accessible after the two attempts by our driver, FuelTrex will mark the request as Failed Delivery, in which case you will be charged a cancellation fee. The Account holder will be notified.
Rounding Off
FuelTrex may, in its sole discretion, round up or round down amounts that are payable to FuelTrex to the nearest whole functional base unit; for example, FuelTrex will round up an amount of $33.405 to $33.41, or $34.791 to $34.79.
Electronic Communications
Visiting www.fueltrex.com or sending emails to FuelTrex constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
You agree that when sending electronic communications, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such electronic communication specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying electronic comunications; violate any applicable laws or regulations.
FuelTrex reserves the right to terminate your access to any or all of the electronic communications at any time without notice for any reason whatsoever.
FuelTrex reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
International Users
The Services are controlled, operated and administered by FuelTrex from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FuelTrex Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless FuelTrex, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FuelTrex reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FuelTrex in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FuelTrex agree otherwise, 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FUELTREX INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FUELTREX INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FUELTREX INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUELTREX INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUELTREX INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
FuelTrex reserves the right, in its sole discretion, to terminate your access to all the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FuelTrex as a result of this Agreement or use of the Services. FuelTrex’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of FuelTrex’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by FuelTrex with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and FuelTrex with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FuelTrex with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
Changes to Terms
FuelTrex reserves the right, in its sole discretion, to change the Terms under which FuelTrex Services are offered. The most current version of the Terms will supersede all previous versions. FuelTrex encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
FuelTrex welcomes your questions or comments regarding the Terms: If you have any questions about the Terms, you may contact us by email at contact@fueltrex.com or via phone at 1-800-307-8530.
Effective as of June 16, 2020