READ THESE TERMS CAREFULLY BEFORE BROWSING THE WEBSITE OR USING THE MOBILE APPLICATION. CLICKING ON THE “I AGREE” BUTTON OR CHECKING THE “I AGREE” BOX SIGNIFIES YOUR ASSENT TO THESE TERMS. ALTERNATIVELY, USING THE WEBSITE OR THE MOBILE APPLICATION INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU ARE NOT AUTHORIZED TO USE EITHER OR BOTH THE WEBSITE AND THE MOBILE APPLICATION IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
We provide on-demand gasoline delivery services (“Services”). You may order Our Services using our Mobile Application. You may cancel orders at any time prior to receiving a notification from us, via Our Mobile Application, that Our delivery vehicle is on its way to Your vehicle. When We notify You that We are en route, We will also provide You with an appointment window for when Our delivery vehicle will visit. This window is an estimate only – We do not guarantee delivery at any particular time within such window, and We do not guarantee that We will arrive within the estimated time. Once our delivery vehicle arrives onsite, whether within or outside the estimated window, the driver will notify You via Our Mobile Application, and Our driver will wait no more than five minutes for Your vehicle (if not already onsite) or to receive access to the gas tank of Your vehicle. If Your vehicle or access is not available within such five-minute period, Our delivery vehicle will leave, and You will be charged the applicable fees set forth on Our services page.
For a fill-up, You must leave open the flap to Your vehicle’s gas tank. We will fill up Your vehicle with 87 octane unleaded gasoline unless You have selected and ordered via the Mobile Application a higher octane level product. Our driver will fuel Your vehicle until the pump shuts off automatically. We will not “top-off” a tank of gas. Following the fill-up, we will email a receipt to you. The price per gallon is determined by Our using data about the average prices in the area where the vehicle is receiving Our services. The exact price per gallon is given through the Mobile Application at the time the Services are ordered. Minimum quantities and service fees will apply.
Due to reasons such as applicable law, terrain or building features and limitations (e.g., overhead clearance), or the requirements of some private property owners, the Services may not be available in all locations within a service area. We reserve the right to decline to enter into any area to access your vehicle’s gas tank, for any reason. You generally will not be charged in such circumstances.
YOU AGREE TO ACCESS THE SERVICES AT YOUR OWN RISK. PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE, INCLUDING THE SECTION ENTITLED “LIMITATION OF LIABILITY,” PRIOR TO ACCESSING THE SERVICES.
You agree to pay all applicable fees related to Your use of this Website, the Mobile Application and Our Services which are described fully on Our services page. We may suspend or terminate Your account and/or access to Our Services and the Website and the Mobile Application if Your payment is late and/or Your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular membership and utilized services.
We understand that You might cancel Your account, but please know that We will not provide any refund(s) and You will be responsible for paying any balance due on the account. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.
Within 30 days after a visit, You may request via our Mobile Application, and We will provide upon such request, a receipt certifying the amount of gasoline delivered to Your Vehicle.
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue the Website or Mobile Application at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on the Website and to the Mobile Application and, if You have registered with Us, by obtaining Your assent to the changed terms or by describing the modifications to these Terms in an email that We will send to the address that You provided when registering on the Website or via the Mobile Application and inferring Your assent from Your continued use of the Services. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.
If You object to any such modifications, Your sole recourse shall be to cease using the Website, the Mobile Application and the Services. Continued use of the Website, the Mobile Application or the Services following notice of any such modifications indicates that You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website or the Mobile Application. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
By using the Website or the Mobile Application, You promise that You are at least 18 years of age. By ordering Services, You represent that You own or have the right to fuel the vehicle and grant us permission to do so.
We invite You to use the Website and the Mobile Application for personal or internal business (“Permitted Purposes”) – enjoy!
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms. You have no other rights in the Website, the Mobile Application or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website, the Mobile Application or Materials in any manner. If You make copies of any of the Website or the Mobile Application while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Website and the Mobile Application.
Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed materials (and any copies thereof).
- You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).
- Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service.
- We, and not Apple, are solely responsible for Our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App.
- You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App.
- You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or Your possession and use of Our iOS App.
- You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS App. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”).
- Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for Our Android App and the Services and content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Android App.
Using the Website
If You desire to register for an account with Us to use the Services, You must download the Mobile Application on your mobile device. When you open the app, you should agree to let Us gather your location information; if you do not agree, the Services will still function, but not in the intuitive way we have designed. We also collect your IP address and generate or collect a unique identifier for your mobile device, which will serve as your user ID.
You must submit the following information through the Mobile Application to be fully registered:
- Your First and Last name
- A working email address
- Your mobile phone number
- At least one of each of the following:
- Vehicle Make
- Vehicle Model
- Vehicle Year
- Vehicle Color
- Vehicle Plate # and State
- Vehicle Preferred Fuel Type
- Payment method and full verification
You may also provide additional, optional information so that We can provide You a more customized experience when using the Website and the Mobile Application –but, We will leave that decision with You. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account. If approved, You will be sent an e-mail detailing how to complete Your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes directly or contacting Us using the below contact information and We can make the changes for You. And, if You forget Your password – no worries as We will happily send a password update to Your provided email address.
You are responsible for complying with these Terms when You access the Website and the Mobile Application, whether directly or through any account that You may setup through or on the Website or the Mobile Application. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of the Website and the Mobile Application as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access the Website or the Mobile Application. It is Your responsibility to maintain the possession and security of access to your mobile device, as access to your mobile device will allow access to the Mobile Application and Our services. Should You believe Your password or security for the Website or the Mobile Application has been breached in any way, or that Your possession and security of access to your mobile device has been compromised, You must immediately notify Us. You may be responsible for Services ordered on Your account if You do not maintain the confidentiality of Your password.
Links to Third-Party Sites
- You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights” that You may have in Your User Submission;
- Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
- For any public or commercial purpose which includes use of the Website or the Mobile Application on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Website or the Mobile Application;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- To interfere with or disrupt the Website or the Mobile Application or servers or networks connected to the Website or the Mobile Application;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with the Website or the Mobile Application; or
- Attempt to gain unauthorized access to any portion of the Website or the Mobile Application or any other accounts, computer systems, or networks connected to the Website or the Mobile Application, whether through hacking, password mining, or any other means.
Intellectual Property Infringement
To be sure the matter is handled immediately, Your written notice must:
- Contain Your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
- Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
- Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
- Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of the Website, the Mobile Application or Service who is the subject of repeated DMCA or other infringement notifications.
Disclaimer of Warranties
THE WEBSITE, THE MOBILE APPLICATION AND THE SERVICE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE, THE MOBILE APPLICATION AND THE SERVICE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, THE MOBILE APPLICATION AND THE SERVICE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE, THE MOBILE APPLICATION AND THE SERVICE ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Website, the Mobile Application or the Services will meet Your requirements or that the Website, the Mobile Application or the Services will be uninterrupted, timely, secure, or error free or that defects in the Website, the Mobile Application or the Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Website, the Mobile Application or the Services or as to the accuracy or reliability of any information obtained through the Website or the Mobile Application. No advice or information, whether oral or written, obtained by You through the Website or the Mobile Application or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
Limitation of Liability
- LEAVING THE GAS TANK DOOR OPEN — YOU AGREE THAT YOU LEAVE THE GAS TANK DOOR TO YOUR VEHICLE OPEN AT YOUR OWN RISK, AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM LEAVING YOUR GAS TANK DOOR OPEN.
- ANY SIPHONING OF GASOLINE FROM YOUR VEHICLE.
- ACCESS BY ANY THIRD PARTY TO ANY AREA WITHIN WHICH YOUR VEHICLE IS LOCATED, WHETHER OR NOT YOU HAVE GIVEN US ANY KEY, PIN OR PASSCODE TO ALLOW US ACCESS TO SUCH AREA.
- ANY SPILLAGE OF GASOLINE, WHETHER OR NOT RELATED TO OUR SERVICES.
- THE GASOLINE USED TO FILL YOUR GAS TANK.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, REGARDLESS OF WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN SERVICE FEES (WHICH DOES NOT INCLUDE FEES ALLOCATED TO THE PRICE OF GASOLINE) DURING THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
Local Laws; Export Control
Dispute Resolution and Arbitration
Class Action Waiver
Pre-Arbitration Claim Resolution
For all disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the dispute which is first done by emailing to Us at email@example.com the following information:
- Your name,
- Your address,
- A written description of Your Claim, and
- A description of the specific relief You seek.
If We do not resolve the dispute within 45 days after receiving Your notification, than You may pursue Your dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, You or We may choose to pursue a dispute in court and not by arbitration if:
- The dispute qualifies for initiation in small claims court; or
- YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at firstname.lastname@example.org the following information:
- Your name;
- Your address;
- A clear statement that You do not wish to resolve disputes with Us through arbitration.
Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Website and the Mobile Application and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or We may initiate arbitration in either Santa Clara County, CA or the federal judicial district that includes Your billing address. In the event that You select the latter, We may transfer the arbitration to Santa Clara County, CA so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of the Website and the Mobile Application. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.
California Consumer Notice