Fueloyal Mobile & Web Application End User License Agreement
Created 1st, January 2016
By using the Fueloyal mobile and / or web applications (including all updates and upgrades, referred to as the "Application"), you are agreeing to be bound by the terms and conditions that appear in this end user license agreement below (the "License").
References to " Fueloyal ", "we" and "us" refer to Fueloyal and Fueloyal Incorporated and include our affiliates. The Applications are owned by Fueloyal Inc. You are permitted to use the Applications under license from us subject to compliance with these terms and conditions of use. The Applications may also include materials owned by third parties by virtue of a license, grant or some other form of agreement between the third party and Fueloyal.
By accessing this web site, you are agreeing to be bound by these web site Terms and of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
I) modify or copy the materials;
II) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
III) attempt to decompile or reverse engineer any software contained on Fueloyal Inc.'s web site;
IV) remove any copyright or other proprietary notations from the materials; or
V) transfer the materials to another person or "mirror" the materials on any other server.
The use of mobile devices while operating motor vehicles is subject to generally applicable laws governing transportation, occupational health and safety, and other rules and regulations, and may result in charges, citations, fines or other legal proceedings. Such use may also expose you to risk of accidents or death. The Applications should not be used while operating a vehicle. We do not assume any liability or responsibility under this License or otherwise for any damages, losses or other claims resulting from use of the Applications while driving a vehicle.
By accepting this License, you acknowledge and consent to the creation of GPS location information in the Applications through interaction between mobile devices where our Applications are installed, our servers, and third party applications and systems. We will use reasonable commercial efforts to ensure the accuracy of GPS and other location based displays. However, since we are dependent on third party hardware, software and services inputs we assume no liability or responsibility in the event of inaccuracies in such information. Access to this information and / or functionality based on such data is available to the user,account owner and FUELOYAL Inc. Such information is currently collected for services to users and account owners that require the information and for our maintenance and support of the Applications and these services. While we use reasonable commercial efforts to safeguard such information, we assume no liability or responsibility for losses resulting from illegal or fraudulent access to this information. We also reserve the right to make such information available to auditors, police and other governmental agencies as permitted or required by law, and to provide such information to third parties, whether or not for compensation, in conjunction with commercial agreements between us and them, provided that we shall take appropriate steps we believe are necessary and commercially reasonable to safeguard the privacy of our users and account owners. If you have any questions concerning our data collection and usage policies, please contact customer service before accepting this License.
FUELOYAL Inc. is not responsible for your mobile phone or the mobile network which are each provided by your mobile network provider under your separate contracts with them. Your mobile network provider will charge you for the data services you use to access the Applications. FUELOYAL Inc. is not responsible for these data services which are provided to you by your mobile network provider. Your mobile network provider may also have a fair use policy which will apply to your use of the Applications. You should contact your mobile network provider to find out about these charges and any fair use policy before using the Applications. Your mobile network provider may also charge you roaming charges if you access the Applications outside of the country in which your mobile handset is registered.
Fueloyal and the Fueloyal logo are trademarks of FUELOYAL Incorporated. These trademarks together with any other owned by FUELOYAL Inc. may not be reproduced, used, modified or distributed without prior permission.
While FUELOYAL Inc. does its best to ensure the optimum performance of the Applications, you agree that you use the Applications and rely on content contained in the Applications at your own risk. FUELOYAL Inc. may suspend the availability of the Applications at any time to update the Applications or for any other technical reasons.
FUELOYAL Inc. does not give any warranties in respect of the network, content, software or services used in conjunction with the Applications. In particular, the Applications are provided on an "as is", "with all faults" and "as available" basis, with no representation as to accuracy, availability or usability.
To the extent allowed by applicable law, FUELOYAL Inc. hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack or negligence or of workmanlike effort. Additionally, FUELOYAL Inc. makes no warranty that the Applications are free from infection by viruses or anything else that has contaminating or destructive properties.
To the full extent allowed by applicable law, you agree that FUELOYAL Inc. will not be liable to you and / or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack or negligence or lack of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the Applications or their content or to any breach of the terms of this License by FUELOYAL Inc, even if FUELOYAL Inc. has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.
You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the Applications up to a limit of the following, at FUELOYAL 's election: (1) a refund of the amount you paid to FUELOYAL (if any) in total during the month in which the damage is first incurred, less any reasonable allowance for complying services, or (2) correction or replacement of the Applications. All limitations will apply to all legal and equitable theories.
You agree to indemnify and hold FUELOYAL Inc. (including its affiliates, and their respective directors, officers, agents, employees, partners and other licensees) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Applications, your connection to the Applications, your violation of this License, or your violation of any rights of another.
The Applications may contain, incorporate or integrate with external providers of advertising, sponsorship and other digital media assets. The providers and publishers of such content are responsible for ensuring that material submitted for inclusion on the network complies with international and national law. FUELOYAL Inc. will not be responsible to you or any other person for any claim relating to the content of or for any error or inaccuracy in any digital material displayed within or in association with the Applications.
FUELOYAL Inc. reserves the right to immediately terminate your use of, or access to, the Applications at any time.
Due to its policy of updating and improving the Applications, FUELOYAL Inc. may wish to change these terms (including those relating to your use of the content). FUELOYAL Inc. reserves the right to modify these terms through the update of the License without notice at any time. It is therefore important that you read this document regularly to ensure you are updated as to any changes. To the extent that such changes are reflected in any modification to the License published with any upgrade or update to the Applications you will be deemed to have accepted these modified terms at the time of acceptance and use of such update or upgrade to the Applications.
This License will be governed by State Illinois law. You irrevocably attorn to the jurisdiction of the courts of Illinois USA and acknowledge their exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this License or the legal relationship established between us by it.
You may not assign, sub-license or otherwise transfer any of your rights under this License or your rights to access and use the Applications.If any provision of this License is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this License, which shall remain in full force and effect. Any waiver of the provisions of this License by FUELOYAL Inc. must be in writing. Failure by either party to exercise any right or remedy under this License does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.