Favors Logistics, LLC (Fuel’d, Inc.) Terms of Service
Last updated September 22, 2022
Thank you for choosing Fuel’d! For your convenience, we have made the Terms of Service (the “Agreement”) as straightforward as possible. The Agreement governs the relationship between Favors Logistics, LLC (the “Company”), also referred to herein using the terms “we,” “us,” or “our”) and you (the “Customer”; also referred to herein using the terms “you” and “your”) with respect to your use of the Company’s mobile refueling application and associated services (the “Services”). Company and Customer may each be referred to herein as a “Party,” or collectively as the “Parties.” By using our website and/or mobile application you agree to be bound by all of the provisions in this Agreement and to the collection and use of the information set forth in our Privacy Policy, when you register as a user of our services. This Agreement is effective as of the date last updated, as written above, and may be modified from time to time by the Company. Your continued use of the Services constitutes your consent to the Terms of Service in place at the time that you utilize our Services.
1. Grant of Limited Licenses.
Subject to the terms of this Agreement, we hereby grant you a limited, revocable license (the “License”) to download, access and use the Fuel’d application (the “Licensed Application”) and any content offered through the Licensed Application on your mobile device in order to personally utilize the Services. The License granted hereunder is limited to the rights expressly granted in this Agreement, is non-exclusive, and may not be sublicensed, assigned, or transferred without the prior written consent of the Company. Further, this Agreement nor your use of the Services convey or grant to you any rights to use or reference in any manner to Company’s names, logos, produce and service names, trademarks or service marks, or those of Company’s licensors.
2. Provision and Limitations of Services.
The location(s), schedules, timing, and windows for delivery of the Services are contingent on the Company’s receipt of approval by all local authorities having jurisdiction over mobile fueling operations in the locality where deliveries to Customer are to be made under this Agreement. If regulatory limitations prevent us from satisfying any of the obligations set forth herein, such obligations shall be deemed to be waived by the Customer. The Services set forth in this Agreement shall not commence at the Customer’s desired location(s) until the Company has received all necessary approvals to conduct mobile fueling activities at such location, and such Services shall be conducted only to the extent allowed by such permits or approvals.
Company may, at its sole discretion, elect not to fill a requested vehicle if Company deems it unsafe to do so, or if the fueling of the vehicle would violate applicable law, code, standard, or procedure. In such an event, the request may be canceled by Company, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is canceled by Company, no payment will be charged. The Customer will be notified.
3. Fees & Payment Terms.
The Customer is responsible for all fees associated with your use of the Company’s Services. With respect to transactions between Company and you, any fuel charges, taxes, fees (including credit card transaction fees), and penalties will be charged directly to your selected payment method on file at the time of delivery or attempted delivery. All payments are non-refundable. Company may, in its sole discretion, round up or round down amounts that are payable to Company to the nearest whole functional base unit. You hereby agree to receive electronic receipts via email, text message, or through the Fuel’d App itself. If you prefer to receive a paper receipt, please contact info@fuel’d.com within 30 days of each fueling, to request a physical receipt which will be mailed to you at your earliest convenience.
Gratuities are voluntary. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services or goods obtained through the Services, you are under no obligation to do so.
4. Information Gathering.
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 Company certain personal information, such as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method. Multiple vehicles can belong to one Account. You agree to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, which may result in your inability to access and use the Services or Company’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.
You hereby acknowledge that the Company utilizes geolocation in order to provide the Services to you, and your continued use of the Licensed Application constitutes your consent to the use of such geolocation. If geolocation services are turned off the Services may be unavailable or diminished. You also acknowledge that use of the Services requires you to give certain personal information to Company, including your name, payment card information, and identifying vehicle information (including Vehicle VIN number, license plate number, make, model, and year). The accuracy of any such information that you provide is your sole responsibility.
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 Company or any other party. In certain jurisdictions and with certain fuel products, Company’s mobile refueling service can only be used when there is an emergency fuel need. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to the use of the Services if you refused to provide proof of identity.
5. Disclaimer & Limitation of Liability.
THE SERVICES ARE PROVIDED AS-IS, AND THE CUSTOMER AGREES, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, TO ASSUME ALL RISK RELATED TO THE SERVICES OR THE PROVISION THEREOF. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF RIGHTS. ADDITIONALLY, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE TIMELINESS, RELIABILITY, QUALITY, SUITABILITY, OR SAFETY OF THE SERVICES OR OF ANY GOODS REQUESTED OR PROVIDED THROUGH THE USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE UNDER ANY LEGAL THEORY OR FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, COST OF SUBSTITUTE GOODS, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER ECONOMIC DAMAGES) ARISING OUT OF OR RELATED TO THE SERVICES OR THE PROVISION THEREOF, OR OTHERWISE RELATING TO THIS AGREEMENT, EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR COSTS RESULTING FROM OR ASSOCIATED WITH THE USE OF THE SERVICES BY YOU, PROVISION OF THE SERVICES BY US, LATE DELIVERY OR UNAVAILABILITY OF THE SERVICES, GOODS PROCURED DURING THE COURSE OF THE SERVICES, OR THE PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS OR SERVICES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES TO VEHICLES UNLESS SUCH DAMAGES WERE CAUSED BY OUR INTENTIONAL ACTS. WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, PENALTY, OR OTHER INJURY AS A RESULT OF ANY DELAY OR FAILURE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ACTS OF NATURE. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES, OR OTHERWISE RELATING TO THIS AGREEMENT, EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CAUSE OF ACTION GIVING RISE TO POTENTIAL LIABILITY. THIRD PARTIES NOT PREVIOUSLY APPROVED BY THE COMPANY SHALL NOT BE PERMITTED TO USE THE SERVICES PURSUANT TO THIS AGREEMENT, AND YOU SHALL BE SOLELY LIABLE FOR ANY UNAUTHORIZED USE BY THIRD PARTIES, INCLUDING LIABILITY FOR ANY DAMAGES, LOSSES, OR OTHER COSTS ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES BY SUCH THIRD PARTIES.
FURTHERMORE, COMPANY IS NOT LIABLE FOR ANY OTHER INTANGIBLE LOSSES RESULTING FROM:
- THE USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE COMPANY’S SERVICES.
THE COMPANY ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILURE IN PERFORMANCE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY OTHER INJURY RESULTING FROM CAUSES BEYOND BOOSTER’S REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
6. Termination
Company may immediately terminate your ability to use the Services at its sole discretion or if you materially breach any of the provisions of this Agreement.
7. Indemnification
You shall indemnify and hold harmless the Company and its affiliates and suppliers, and its and their respective officers, directors, employees and agents, from and against any and all demands, claims, actions, causes of action, proceedings, suits, assessments, losses, damages, liabilities, judgments, fines, penalties, settlements, interest, cost and expenses (including attorneys’ fees) arising out of or in connection with or relating to: (i) your negligence, recklessness, or misconduct, (ii) your violation of applicable laws, rules or regulations, (iii) your breach of this Agreement; (iv) personal injury or property damage caused by your acts or omissions; (v) your violation of the rights of any third party, and/or any dispute between you and any third party; and (vi) access to, the alleged use of, or use of the Services or any goods obtained by way of the Services by you. You shall defend us from such claims at our exclusive direction and at your expense, and you agree to fully cooperate in the defense of such claim. You shall notify us promptly of any incident involving Services resulting in personal injury or damage to property, and you shall fully cooperate with us in the investigation of such incident.
8. Access and Safety.
If there is any dispute or determination required as to whether a vehicle can be safely accessed in accordance with all applicable laws and regulations, such determination shall be resolved at the sole and absolute discretion of the Company. Customers will ensure that their vehicles are parked in a manner that will allow our drivers safe and suitable access to your vehicle.
9. App Store Notice.
Notwithstanding anything herein to the contrary, the limited license and your use of the Licensed Application remain subject to the terms of use for the app store or platform from which the Licensed Application was downloaded. You agree to comply with any applicable app store or platform terms of use, as well as any applicable third-party terms (such as wireless data service agreements) at all times while using the Licensed Application or the Services.
If the License Application has been downloaded from the Apple Inc. (“Apple”) App Store, this Section will apply to all use of the Service by you. The Parties acknowledge that this Agreement is entered into solely between the Parties (and not with Apple) and that we are solely responsible for the Licensed Application and the content thereof. Apple is not responsible for providing any maintenance or support services for the Licensed Application, whether under this Agreement or under any applicable law and to the extent that any maintenance or support services are legally required, such services are our sole responsibility. To the extent not expressly disclaimed herein, we are responsible for any warranty (express or implied), and in the event that the Licensed Application or Services fail to conform to any applicable warranty, you may notify Apple, and they will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligations with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility. In the event of any third-party claim that the Licensed Application or your possession and/or use thereof infringes on such third-party’s intellectual property rights, we (and not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such claim. Both Company and you hereby acknowledge that the Company, not Apple, is responsible for addressing any claims made by you or any third party relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Both Company and you hereby acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of the Agreement and that upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you in its capacity as a third party beneficiary thereof. You hereby 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.
If you are accessing or downloading the Company’s application from any other app stores or services, you may be subject to that app store’s or services terms of use.
10. Severability Agreement.
If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and such unenforceable or invalid provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable laws.
11. Conflict Resolution & Arbitration.
Any dispute, controversy, or claim arising out of or relating to this Agreement or to a breach hereof, including its interpretation, performance, or termination shall be finally resolved on an individual basis first by good faith negotiations, failing which, then by binding arbitration. This will preclude you from bringing any class, collective, or representative action against Company, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Company by someone else. All arbitration, including the rendering of the award, shall be conducted in accordance with the commercial arbitration rules and procedures adopted by the American Arbitration Association (“AAA”), in Atlanta, Georgia, which shall be the exclusive forum for resolving such dispute, controversy or claim. The decision of the arbitrators shall be final, and binding and judgment thereon may be entered by any court of competent jurisdiction. If for any reason this section is found to be unenforceable, the Parties hereby agree that the state and federal courts located in the state of Georgia have exclusive jurisdiction over any dispute, controversy, or claim to arise out of or relating to this Agreement or a breach hereof, and the parties hereby submit to the exclusive venue of the courts located in Atlanta, Georgia.
12. Choice of Law.
This Agreement will be subject to and be interpreted in accordance with the laws of the State of Georgia, without regard to its choice or conflicts of law provisions. The Courts presiding in the State of Georgia will have exclusive jurisdiction and shall be the exclusive venue to adjudicate any dispute arising out of this Agreement, and both parties irrevocably consent to the personal jurisdiction of such courts.
13. Infringement of Intellectual Property.
Notwithstanding the foregoing, we may enforce judgments or seek injunctive relief for an infringement or threatened infringement of our intellectual property rights in any court of competent jurisdiction. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
14. Nonwaiver of Rights.
No waiver of any term, provision, or condition of this Agreement whether by conduct or otherwise in any one or more instances will be deemed to be construed as a further or continuing waiver of such terms, provisions, or conditions or any other terms, provision or condition of this Agreement. Additionally, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof.
15. Our Relationship with You.
Company is an independent contractor, and neither of us shall be considered employees, agents, partners, franchisees, owners, joint ventures, or representatives of the other.
16. Written Notices & Consents.
Any notices or consents under this Agreement to either Party must be in writing, and (i) in the case of notice to Company, sent by certified mail to Townsend & Lockett, LLC, c/o Fuel’d App, 1100 Peachtree Street NE, Ste. 950, Atlanta, Georgia 30309, Attn: Chris Gilmore, Esq. effective upon receipt, or (ii) in the case of notice of the Customer, sent by email to the email address last associated with your account, effective 24 hours after sending.
17. Entire Agreement.
This Agreement constitutes the entire agreement between us relating to the subject matter contained herein and supersedes any prior agreements and understandings, whether oral or written, between us with respect to the Services. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
18. Amendments
The Company may amend the Terms of Service from time to time in its sole discretion. Amendments to these policies shall become effective as of the date first published, and your continued use of the Service thereafter constitutes your acceptance of these amendments.
19. Successors & Assigns.
This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned by the Customer without the prior written consent of the Company. Any purported assignment in violation of this section shall be null and void.
20. Survival
Termination or expiration of this Agreement will not release Customer of any obligation or liability accrued prior to such termination or expiration.
If you have questions about this Agreement or the Services provided by the Company, or claims about the Services, you may contact Company at info@fuel’d.com.