GASOLOGY TERMS OF USE

 

Last modified: September 2, 2020

By accessing or using this website, any of its pages and/or any of the services referenced herein, you accept and agree to be bound by the Terms of Use set forth below.

 

1.       CONTRACTUAL RELATIONSHIP

These Terms of Use ("Terms") govern your access or use of the platform of software (“Platform”) that is made available to you by Gasology, LLC ("Gasology"). By accessing or using the services made available to you by Gasology and any of its affiliates (collectively, the “Services”) including this website, and utilizing this website you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services or the Gasology Platform, including this website. Except as elsewhere herein provided, these Terms expressly supersede prior agreements or arrangements with you. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND GASOLOGY.

 

2.       RESTRICTED USE OF SERVICES

Gasology makes this website and the Services available to you solely for the evaluation and testing of potential commercial motor fuel sales, purchases, or transaction strategies.  You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, this website or the Services or Platform, including, but not limited to displaying fuel prices to any third party for sale, purchasing any volumes of fuel, or conducting any form of transaction not authorized by Gasology or as otherwise allowed using the Services and this website.  

 

3.      RIGHT TO DENY ACCESS AND TO MODIFY SERVICES

Gasology reserves the right to deny use of, or access to, this website and the Services to you and/or anyone for any reason, or no reason, at any time. Gasology also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, this website, the Services or the Platform (or any part thereof) with or without notice. You agree that Gasology shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website, the Services or the Platform (or any part thereof).

 

4.       DISCLAIMER OF WARRANTIES

THE SERVICES AND PLATFORM, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES AND PLATFORM, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT.  THIS DISCLAIMER SHALL APPLY FOR THE BENEFIT OF GASOLOGY AS WELL AS ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AUTHORIZED REPRESENTATIVES OR AGENTS (COLLECTIVELY, THE “GASOLOGY PARTIES”).

 

5.       LIMITATION OF LIABILITY; WAIVER

IN NO EVENT SHALL ANY OF THE GASOLOGY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES AND/OR THE PLATFORM, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE, THE SERVICES OR THE PLATFORM IS ACCESSED BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST ANY OF THE GASOLOGY PARTIES WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE OR ITS PLATFORM, IS TO STOP USING THE SERVICE AND/OR WEBSITE OR ITS PLATFORM.

 

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST ANY OF THE GASOLOGY PARTIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES AND PLATFORM, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE OR THE PLATFORM, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES.

 

6.       NOTICES

Gasology may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Gasology will have no liability associated with or arising from your failure to maintain and supply Gasology with accurate contact information about yourself, including your failure to receive important information and updates about the Services, the Platform or this website.

 

7.      INTELLECTUAL PROPERTY

You recognize and acknowledge Gasology’s ownership and title to Gasology’s copyrights, patents, trademarks, trade secrets, and any other intellectual property and proprietary rights of any kind in any jurisdiction embodied in this website, the Services and/or the Platform.  Nothing in these Terms shall be interpreted to assign or to grant exclusive rights to you of any of Gasology’s intellectual property rights. Gasology hereby asserts and agrees that any data collected by you using the Services and Platform (including this website) may be used by you only as authorized by Gasology for the Services, utilizing this website and/or the Platform, as applicable, but no such use or data collected by you shall result in any transfer of any of Gasology’s intellectual property, and same shall be and remain the intellectual property of Gasology.

 

You further agree that all of Gasology’s trademarks, trade names, service marks, logos, brand features, and product and Service names in relation to the Gasology Platform are trademarks and the property of Gasology, and that you will not display or use any of the foregoing without Gasology's prior written approval in each instance. 

 

8.       GENERAL PROVISIONS

(a) Gasology may amend these Terms from time to time. Amendments will be effective upon Gasology's posting of such updated Terms at this location. Your continued access or use of the Services and/or the Platform (including this website) after such posting confirms your consent to be bound by the Terms, as amended.

 

(b) These Terms constitute the entire agreement between you and Gasology and govern your use of the Services and/or the Platform, including this website, and supersede any prior version of these Terms between you and Gasology with respect to the Services and Platform.  Only to the extent that you have entered into or accepted a more definitive written agreement with Gasology regarding your use of this website, the Services and/or the Platform, the terms of any such definitive agreement shall expressly control over any contrary provisions in these Terms.

 

(c) You agree that no agency relationship is created between you and Gasology as a result of these Terms or your access to and/or use of the Services. The failure of Gasology to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

(d) You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these.

 

(e) The headings in these Terms are for convenience only and have no legal or contractual effect.

 

(e) As used in these Terms, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Whenever the context may require, any pronoun will include the corresponding masculine, feminine and neuter forms.  Any definition of or reference to these Terms will be construed as referring to such agreement as from time to time amended, supplemented, substituted, novated, assigned or otherwise modified.

 

9.      DISPUTE RESOLUTION

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GASOLOGY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

 

These Terms constitute the exclusive terms and conditions with respect to the subject matter hereof. You and Gasology agree, respectively, that it is their intention to resolve disputes between them concerning these Terms directly in good faith negotiations. Only should any such good faith negotiations fail to resolve a dispute arising under these Terms, then the parties respectively agree that any such dispute shall be resolved by mediation administered by the American Arbitration Association ("AAA").  Should an AAA mediation fail to resolve the dispute, the parties respectively agree to resolve such dispute using arbitration, to be conducted in accordance with the AAA’s Arbitration Rules applicable to such parties (as may be ultimately determined by AAA).  Any such arbitration shall be conducted in the AAA’s offices in New Orleans, Louisiana, and any arbitration award shall be final and binding on the parties.  Notwithstanding the foregoing, nothing in this section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. In any action to enforce these Terms, the prevailing party shall be entitled to recover costs and reasonable attorneys’ fees, in addition to any other relief to which the prevailing party may be entitled. For purposes of these Terms, the relationship between you and Gasology are governed by the laws of the State of Louisiana without regard to its conflict/choice of law provisions, and these Terms shall be interpreted under such laws.