Terms and Conditions
FuelCloud, Inc. provides: (i) a FuelCloud user account website that may be accessed at fuelcloud.com (“Site”); (ii) services accessible through the Site (“Web Applications”); (iii) downloadable software to your portable device (“Mobile Applications”); (iv) subscription services, including services that can be accessed using the Web Applications and Mobile Applications (“Subscription Services”); all for use in conjunction with FuelCloud hardware products (“Products”) and in other ways that FuelCloud provides. Some FuelCloud products and Services can be utilized together with products and services from third parties. The term “Services” means Site, Web Applications, Mobile Applications and Subscription Services.
Please read the following terms and conditions (“Terms and Conditions”) relating to your use of these Services carefully. By accessing, browsing or otherwise using these Services you, the individual user have read, understood and agree to be legally bound by these Terms and Conditions, and to comply with all applicable laws and regulations, without limitation or qualification, and further acknowledge that you have the authority and do hereby legally bind the business entity, if any, to which you serve as agent, independent contractor or employee thereof to the same terms, without limitation or qualification. These terms shall take effect immediately on your first use of any Services. If you do not agree to be bound by these Terms and Conditions, do not proceed any further and do not use any FuelCloud Services.
Please note that you may only access these Services if you have the legal capacity to enter into a contract, you are compliant with these Terms and Conditions, and all applicable international, federal, state, local and municipal or similar laws, rules and regulations are met. Any use or access of Services under the age of 18 is not only prohibited, but is also a violation of these Terms and Conditions.
1. USEYou are hereby granted a non-exclusive; non-transferable, limited right to access fuelcloud.com. Such grant does not include, without limitation: (a) any resale or commercial use of this Site; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the information on this Site not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site information (including any FuelCloud trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any information on the Site; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of FuelCloud or any third party. You may not use any meta tags or any other "hidden text" utilizing FuelCloud's name, trademark, or product name without our express written consent. "Site information" means all materials on the Site, including, without limitation, trademarks, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
From time to time, FuelCloud may develop patches, updates, upgrades and other changes/modifications to improve the performance of the Services and/or software associated with use of the Services (collectively “Upgrades”). These may be automatically installed without providing you any further notice or requesting further consent from you. You hereby consent to such Upgrades. If you do not wish to receive Upgrades, your sole recourse is to terminate your Account and to stop using FuelCloud Services. You acknowledge that you may be required to install Upgrades to use the Services and you agree to promptly do so.
FuelCloud considers it paramount to focus on the security of your personal data provided. However, FuelCloud cannot ensure that unauthorized third parties will always be prevented from penetrating FuelCloud security measures or access your personal data for unauthorized use. You acknowledge that you provide your personal information at your own risk.
FuelCloud has the unilateral right at any point in time to modify, suspend or discontinue the Services or any part thereof with or without notice. You agree that FuelCloud will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services or any part thereof.
2. REGISTRATION OF ACCOUNTTo use the Services, you must register for a FuelCloud user account (“Account”) and provide certain requested information about yourself. You agree to provide accurate and current information about yourself so that FuelCloud is able to provide superior service to you. You agree to notify FuelCloud whenever any of your previously-submitted information changes. FuelCloud shall not be held liable or responsible for Services which you do not receive as a result of your inability to provide updated information. Should you provide false or misleading information, or if FuelCloud perceives that you have provided false or misleading information, FuelCloud reserves the right to suspend or terminate your Account.
3. PERSONAL INFORMATION AND PRIVACY PROTECTIONPersonal information encompasses all of the personally-identifying information you may provide to FuelCloud through accessing its Site. FuelCloud will limit the distribution of personally-identifying information. To that end, FuelCloud will only share or utilize your personal information only if necessary and allowed by law to administer FuelCloud’s business to you as a customer. FuelCloud further limits the access to your personal information by FuelCloud employees only to those necessary to process any order or request by you. Unless required by law or you grant permission to us, FuelCloud will not share personal information with any third parties for their own use.
- Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.
5. AGREED USAGE OF LIMITATIONS OF FUELCLOUD SERVICES
- (a) FuelCloud relies on or works with third party products and services. These third party products and services are beyond FuelCloud’s control, but their operation may impact or be impacted by the use and reliability of the FuelCloud Site. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers; (ii) these third party products and services may not operate in a reliable manner all of the time, and they may impact the way that FuelCloud Services operate; and (iii) FuelCloud is not responsible for damages and losses due to the operation of these third party products and services.
- (c) FuelCloud may provide the opportunity for you to interface with Third Party Products. You acknowledge that Third Party Products and Services that you connect to your account or interface with are not FuelCloud products and services, and you acknowledge and agree that FuelCloud does not control, and that these Terms and Conditions do not apply to, any Third Party Products and Services. Use of any Third Party Products and Services is governed by separate terms and conditions provided by the operator(s) of the applicable Third Party Products and Services. You acknowledge and agree that FuelCloud makes no representation or warranty about the safety of any Third Party Products or Services. Accordingly, FuelCloud is not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses arising from or relating to your use of any Third Party Products or Services. You should contact the Third Party with any questions about their Products and Services.
- (d) The Site may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under FuelCloud’s control. FuelCloud provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.
- (e) FuelCloud is not responsible for third parties or their products and services, including, without limitation: Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. FuelCloud hereby disclaims and you hereby discharge, waive and release FuelCloud and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.
6. LIMITATIONS OF FUELCLOUD SERVICES DUE TO THIRD PARTIES
- (a) FuelCloud relies upon or interfaces with third party products and services. These third party products and services are beyond FuelCloud’s control, but their operation may impact or be impacted by the use and reliability of the FuelCloud Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers; (ii) these third party products and services may not operate in a reliable manner all the time, and they may impact the way that the FuelCloud Services operate, and (iii) FuelCloud is not responsible for damages and losses due to the operation of these third party products and services.
- (b) You acknowledge that FuelCloud uses third party service providers to enable some aspects of the Services – such as, for example, data storage, synchronization, and communication.
7. PRICE, INVENTORY AND PRODUCT AVAILABILITYFUELCLOUD DOES NOT ENSURE PRICE OR QUANTITY OF ANY PARTICULAR ITEM LISTED ON THIS SITE. ALL ORDERS ARE ACCEPTED, ACKNOWLEDGED AND SHIPPED UNDER FUELCLOUD STANDARD TERMS AND CONDITIONS. IF YOU HAVE A QUESTION CONCERNING FUELCLOUD STANDARD TERMS AND CONDITIONS, PLEASE CONTACT A CUSTOMER REPRESENTATIVE.
FUELCLOUD CANNOT ENSURE THE LISTED QUANTITY OF ANY ITEMS. THERE ARE A MULTITUDE OF CIRCUMSTANCES THAT MAY AFFECT ITEM AVAILABILITY. SUCH FACTORS INCLUDE THE NUMBER OF ORDERS RECENTLY RECEIVED FOR SUCH ITEM AND THE DATE AND TIME YOUR ORDER IS PLACED. FOR SUCH REASONS FUELCLOUD CANNOT GUARANTEE THE PRICES OF ANY LISTED ITEM. CERTAIN ITEMS MAY BE DISCONTINUED WITHOUT NOTICE.
8. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY NOTICESThe materials on this Site are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the materials may violate such laws and the Terms and Conditions. Except as expressly provided herein, FuelCloud does not grant any express or implied rights to use such materials. You agree not to copy, publish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, or its materials.
The software and accompanying documentation that is from time to time made available to download from this Site is the copyrighted and/or patented work of FuelCloud. Use of the software is governed by the terms of the license agreement that is included with such software. Such terms are available for review in the software and are incorporated herein by this reference. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms and Conditions. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of FuelCloud or third parties. You are not permitted to use the Marks without the prior written consent of FuelCloud or such third party that may own the Marks.
References to other companies and their products use trademarks owned by the respective companies and are for reference purposes only.
9. LIMITATION OF LIABILITYThe material on this Site may contain inaccuracies and typographical or other errors. FuelCloud makes no representations about the accuracy, reliability, completeness, or timeliness of the material or about the results to be obtained from using the Site and/or the material therein. Use of the Site and any information contained therein is at your own risk. The material and other content on this Site may or may not be periodically updated or revised at any time. These Terms and Conditions shall apply with equal force to any and all such updates or revisions.
FUELCLOUD DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE SITE AND OF THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, FUELCLOUD IS NOT RESPONSIBLE FOR THOSE COSTS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FUELCLOUD IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF FUELCLOUD’S MATERIAL, OR WITH ANY OF THE CONTENT LOCATED ON THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
10. WARRANTY DISCLAIMERS
- (a) THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE “AS IS” AND “AS AVAILABLE” AND FUELCLOUD AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
- (b) FUELCLOUD AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL SATISFY YOUR NEEDS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUELCLOUD OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
- (c) WHEN YOU INSTALL, SETUP OR USE PRODUCTS AND SERVICES LIKE THOSE PROVIDED BY FUELCLOUD YOU ARE GIVEN THE CHANCE TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES SELECTED CAN RESULT IN DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR ADJUST DEFAULTS.
- (d) FUELCLOUD MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND FUELCLOUD WILL NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. FUELCLOUD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
11. DISCLAIMER OF DAMAGESYOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FUELCLOUD, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, HARD-DRIVE OR SERVER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTIES ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT FUELCLOUD IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LINKS TO THIS SITE AND OTHER SITESYou may provide links to this Site provided that: (i) you link only to the front page of this website, fuelcloud.com (ii) you do not remove, alter, obscure or in any fashion eliminate the copyright notice, or other notices on this Site; and (iii) you discontinue providing a link to this Site if instructed to do so by FuelCloud or one of its representatives. Further, this Site may contain links to websites of FuelCloud business partners. FuelCloud is not responsible for the content of their websites or the actions of the owners/operators of the websites. FuelCloud does not make any representations regarding the content or accuracy of materials on such third-party websites. FuelCloud shall not, however, be a party to any contract entered by you, the user, and any third-party as a result of contract with the websites linked from this Site, and thereby does not in any fashion, guarantee the performance of any third-party under any contract. You hereby release FuelCloud and its affiliates from any damages that you incur, and agree not to assert any claims against FuelCloud, arising from your use of these third party products or services, or the breach of any third party contract.
13. DISPUTES AND ARBITRATION
- (a) If a dispute (the “Dispute”) arises between you and FuelCloud, FuelCloud deems it paramount to learn and resolve your concerns. You agree you will contact FuelCloud concerning any dispute you have with FuelCloud regarding these Terms and Conditions or FuelCloud’s Products and/or Services by contacting FuelCloud at 503-538-2513.
- (b) You and FuelCloud agree to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms and Conditions or your use of the Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further, you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Services will be resolved by binding arbitration except that you may take all claims to small claims court if they qualify for hearing by such a court.
- (c) No party may initially institute any civil action in the federal or state court system concerning any Dispute under this Terms of Service. If you and FuelCloud are unable to agree on the resolution of a Dispute within 60 days after you first present such claim to FuelCloud, then either party may initiate the dispute resolution procedure described in this section by giving the other party written notice, describing with reasonable specificity the Dispute, stating the party’s proposed resolution of the Dispute, and referring to this Agreement. If the parties are unable to negotiate an acceptable resolution of the Dispute within thirty (30) days of the date of the notice, then any party may file suit in Washington County Circuit Court for the sole purpose of referring the Dispute to a referee as provided in Oregon Rule of Civil Procedure 65.If a Dispute is referred to a referee,you agree that the presiding judge of the Washington County Circuit Court may appoint a referee by selecting a referee from the reference judge panel maintained by that Court. Within twenty (20) days after receiving notification of the selection of the referee, either party may file with the presiding judge a written objection to the referee selected and request that the presiding judge select another referee. Each party will be allowed three objections and no more.The decision of the referee will be final and binding on the parties, and may not be appealed to any forum. The referee’s findings resulting from the proceeding may be confirmed, relief in accordance therewith obtained, and a final judgment entered in the Washington County Circuit Court.
- (d) There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
- (e) All administrative fees and expenses of arbitration will be divided equally between you and FuelCloud. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
14. DIGITAL MILLENNIUM COPYRIGHT ACTFuelCloud is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. You may not store, post, modify, distribute, reproduce in any way, use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law.
Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) to report alleged infringements. FuelCloud does not, and will not, make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. Upon our receipt of a proper notice of claimed infringement under the DMCA, FuelCloud will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. FuelCloud may contact the notice provider to request additional information. FuelCloud reserves the right to disregard a notice that is not in compliance with the DMCA. Under the DMCA, FuelCloud is required to take reasonable steps to notify the user who posted the allegedly infringing content. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send FuelCloud a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to Kevin A. Bretthauer, 453 SW Washington Street, Hillsboro, OR 97123, (firstname.lastname@example.org and 503-538-2513).
If you are uncertain whether particular material infringes a copyright held by you or a third party, you should contact an attorney. Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees.
To be effective, your Notification of Claimed Infringement must be in writing, sent to FuelCloud’s designated agent listed below and contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located to permit us to locate the material;
- Your contact information, including your name, address, telephone number, and email address;
- 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; and
- A statement by you, made under penalty of perjury, that the information contained in your report 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.
15. USE OF IMAGESImages of people or places displayed on the Sites are either the property of, or used with the permission or under license by FuelCloud. The use of these images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy or publicity, and communications regulations and statutes.
16. CONTROLLING LAWThese Terms and Conditions shall be governed and interpreted in accordance with the laws of the state of Oregon without giving effect to any conflict of laws principles that may provide the application of law of another jurisdiction. You irrevocably commit to the personal jurisdiction and venue of the state and federal courts in or for Washington County, Oregon, for the purpose of resolving all such claims or disputes, and you hereby waive any objection thereto. The parties further agree that these Terms and Conditions shall be deemed to have been entered into, executed and performed for all purposes within the state of Oregon.
17. TERM AND TERMINATIONThese Terms and Conditions will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms and Conditions. At any point in time FuelCloud may choose to: (i) disable to terminate your rights to access or utilize the Services; or (ii) terminate these Terms and Conditions with respect to you if FuelCloud in good faith perceives you have used the Services in violation of these Terms and Conditions. Upon termination of these Terms and Conditions, your Account and your right to use the Services will automatically terminate.
- (a) Notwithstanding the foregoing, FuelCloud may seek injunctive relief or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
- (b) These Terms and Conditions constitute the entire agreement between you and FuelCloud regarding the use of the Services. Any failure by FuelCloud to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms and Conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms and Conditions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent allowable by law.
- (c) These Terms and Conditions, and any associated rights or obligations, may not be assigned or otherwise transferred by you without FuelCloud’s prior written consent. These Terms and Conditions may be assigned by FuelCloud without restriction. These Terms and Conditions are binding upon any permitted assignee.
- (d) FuelCloud may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your account. FuelCloud is not responsible for any automatic filtering you or your network provider may apply to e-mail notifications. FuelCloud advises that you add Fuelcloud.com addresses to your e-mail address book to ensure you receive e-mail notifications from FuelCloud.