1. Your Acceptance of Terms

Welcome to AccuFuel.

The following Terms of Use (“TOU”) are between you and AccuFuel and constitute a legal agreement that governs your use of the AccuFuel software and services (collectively referred to as the “Service”). You must agree to the TOU before you can use the Service. You can agree to the TOU by: a) installing, accessing or using the Service, or b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to any of the following terms, DO NOT use the Service. You should print or otherwise save a copy of the TOU for your records. “AccuFuel” as used herein means AccuFuel, LLC, located at 6705 W 10050 N, Highland, Utah.

Legal Authority.

To use and/or register for the Service you: a) must be of legal age to form a binding contract with AccuFuel, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting the TOU you represent that you understand, qualify for and agree to the foregoing. If you are under the required legal age, but at least 13 years old, you may still use the Service (subject to applicable local law), but only if the account you are using was created and registered by your parent or legal guardian (see Section 3 below for further details).

Advertisements.

The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by AccuFuel on the Service are subject to change. In consideration for AccuFuel granting you access to and use of the Service, you agree that AccuFuel and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Services whether submitted by you or others.

Updates.

AccuFuel may update or change the TOU from time to time and recommends that you review the TOU on a regular basis. You can review the most current version of the TOU at any time at http://www.accufuelapp.com/terms. If AccuFuel makes a change to the TOU, it will post the revised TOU on its website at such link. You understand and agree that your continued use of the Service after the TOU has changed constitutes your acceptance of the TOU as revised. Without limiting the foregoing, if AccuFuel makes a change to the TOU that materially impacts your use of the Service, AccuFuel may post notice of any such change on its website and/or email you notice of any such change to your AccuFuel account.

2. Description of the Service

System Requirements.

Use of the Service requires one or more compatible devices, certain software and internet access with compatible ISP (broadband required for web applications); separate fees may apply. Your use of the Service may be affected by certain combinations of hardware, software and/or internet access. High speed internet access is strongly recommended. Compatible devices may include: Mac, PC, iPhone, iPod touch, and iPad. The Service is available in the following languages: English.

Changing the Service.

AccuFuel reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, AccuFuel may post on our website and/or send email to your AccuFuel account, notice of such changes to the Service. It is your responsibility to review our website and/or check your AccuFuel email address for any such notices. You agree that AccuFuel shall not be liable to you or any third party for any modification or cessation of the Service.

Limitations on Use.

You agree to use the Service only for purposes as permitted by the TOU and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Repeated violations may result in termination of your account. AccuFuel reserves the right to modify these limitations on use at any time.

Availability of the Service.

The Service, or any feature or part thereof, may not be available in all languages or in all countries and AccuFuel makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws. AccuFuel will use reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by AccuFuel to minimize such disruption where it is within AccuFuel’s reasonable control. YOU AGREE THAT AccuFuel WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SERVICE OR YOUR CONTENT.

Beta Software.

From time to time, AccuFuel may choose to offer new and/or updated features of the Service or companion apps (the “Beta Features”) as part of a Beta Program (the “Program”) for the purpose of providing AccuFuel with feedback on the quality and usability of the Beta Features. You understand and agree that:

1. Your participation in the Program is voluntary, without remuneration, and does not create a legal partnership, agency, or employment relationship between you and AccuFuel other than that you become a permitted user of the Beta Software under the supervision of AccuFuel.
2. You will abide by the BETA CONFIDENTIALITY AGREEMENT shown below.
3. AccuFuel is not obligated to provide you with any Beta Features in a commercially-released version of the Service.
4. AccuFuel may make such Beta Features available to Program participants by online registration or enrollment via the Service.
5. AccuFuel may collect and use certain information from your account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate.
6. Once you enroll and/or participate in a Program, you may be unable to revert back to the earlier non-beta version of a given Beta Feature. In the event such Beta Feature is available, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version.
7. Your use of the Beta Features and participation in the Program is governed by these Terms of Service and any additional license terms that may separately accompany the Beta Features.
8. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. AccuFuel strongly encourages you to back-up all data and information on your device and any peripherals prior to participating in any Program.
9. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk.
10. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
11. AccuFuel may or may not provide you with technical and/or other support for the Beta Features. If support is provided, it will be in addition to the normal support coverage for the Service and only available through the Program.
12. You agree to abide by any support rules or policies that AccuFuel provides to you in order to receive such support.
13. AccuFuel reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time.
14. AccuFuel has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features.
15. Third party services may be used in communication and logistics of AccuFuel running the Program and you agree to associated agreements of using the Third Party Software and Services.
16. In the absense of a separate written agreement to the contrary, AccuFuel retains any and all intellectual property rights to any suggestions, comments, or feedback you make in conjunction with your participation in the Program.

BETA CONFIDENTIALITY AGREEMENT.

You agree that, unless otherwise specifically provided herein or agreed by AccuFuel in writing, everything related to the Beta Software and Beta Program (the service, software, online forums and communication, specific design and structure, app icons, page and screen layouts, features, processes, etc.) constitute confidential proprietary information of AccuFuel. You agree not to transfer, copy, disclose, provide, or otherwise make available such confidential information in any form to any third party without the prior written consent of AccuFuel. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Beta Software provided to you by AccuFuel. You will use your best efforts to cooperate with and assist AccuFuel in identifying and preventing any unauthorized use, copying, or disclosure of the Beta Software or any related item thereof.

3. Your Use of the Service

Member Account.

When you accept the TOU and complete the AccuFuel registration process, you become the AccuFuel “Member Account” holder. You are responsible for all activity that takes place on your Member Account.

Account Security.

Upon creating your Member Account you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account. If you suspect or become aware of any unauthorized use of your account please contact AccuFuel Support at https://accufuel.freshdesk.com. You further acknowledge and agree that the Service is designed and intended to be accessed on an individual basis and you should not share your account and/or password details with another individual.

Registration Obligations.

You agree that all information you provide to AccuFuel during the registration process (“Registration Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Registration Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Registration Data may result in the suspension and/or termination of your account.

Third-Party Account Integration.

The Services has been designed to permit registration and log-in through certain third-party websites or applications. You acknowledge that use of such log-in feature will permit the Service to access information about you or that you may contain or post on such third-party websites or applications, and you agree that AccuFuel shall not be liable to you or any third party for its access and use of such information in accordance with its privacy policy.

Additional Obligations or Terms of Use.

Particular components or features of the Service, provided by AccuFuel and/or its licensors, may be subject to separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service.

No Conveyance.

Nothing in the TOU shall be construed to convey to you any interest, title, or license in an email address, domain name, or similar resource used by you in connection with the Service.

No Right of Survivorship.

You agree that your AccuFuel account is non-transferable and that any rights to your Member Account, including your User ID, and Content within your account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated and all Content within your account deleted. Contact support at https://accufuel.freshdesk.com for further assistance.

No Resale of Service.

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

4. AccuFuel Privacy Policy

You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with AccuFuel’s Privacy Policy. You further consent and agree that AccuFuel may collect, use, transmit, process and maintain information related to your account, and any devices registered thereunder, for purposes of providing the Service, and any features therein, to you. Information collected by AccuFuel when you use the Service may also include technical or diagnostic information related to your use that may be used by AccuFuel to maintain, improve and enhance the Service. For more information please read our full privacy policy at [http://www.accufuelapp.com/privacy]. You further understand and agree that this information may be transferred to or from the United States and/or other countries for storage, processing and use by AccuFuel and/or its affiliates.

5. Content and Your Conduct

Content.

“Content” means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not AccuFuel, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. AccuFuel does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

Your Conduct.

You agree that you will NOT use the Service to:

Upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; stalk, harass, threaten or harm another; if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends; pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another AccuFuel subscriber, an AccuFuel employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (AccuFuel reserves the right to reject or block any AccuFuel account which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity); engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement; post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements; upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon); plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

Removal of Content.

You acknowledge that AccuFuel is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, AccuFuel reserves the right at all times to determine whether Content is appropriate and in compliance with these TOU, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of the TOU or is otherwise objectionable.

Backup Your Content.

You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. AccuFuel does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

Access to Your Account and Content.

You acknowledge and agree that AccuFuel may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce the TOU, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of AccuFuel, its users or the public as required or permitted by law.

Third-Party Access to Your Content.

You acknowledge and agree that the Service is designed to permit you to invite or permit third parties to access, monitor and modify your Content. You release AccuFuel from any liability associated with action or inaction by parties you provide access to your Content, including by changes made to your Content by such third-parties.

Violations of TOU.

If, while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of the TOU, you may report it by contacting our support team at https://accufuel.freshdesk.com.

6. Payment

Payment from iOS Apps.

Subscriptions will be charged to your credit card through your iTunes account. Your subscription will automatically renew within 24-hours prior to the end of the current subscription period. If you wish to turn off auto-renewals, you must do so within 24-hours prior to the end of the current subscription period. Subscriptions can be managed in your Account Settings on the App Store. A paid, active subscription is non-refundable and cannot be cancelled.

Free Trial Period.

AccuFuel may offer you a one-time free trial period during which you can try out the Service for free (“Free Trial Period”). During the Free Trial Period, you agree that AccuFuel will have the right (subject to applicable local law) to send you communications, notices and news about the Service to your AccuFuel email address and to any alternate email address you may have provided. Local law may allow you to revoke your consent to receiving these communications at any time during the Free Trial Period. Only premium renewal accounts in good standing are eligible to receive upgrades and are therefore not available to subscribers during the Free Trial Period. AccuFuel reserves the right to modify, cancel and/or limit this Free Trial Period offer at any time. Your license to the Software during the Free Trial Period will automatically terminate upon the earlier of (i) the expiration or cancellation of the Free Trial Period, (ii) when the Service is no longer made available, (iii) when AccuFuel cancels your Free Trial Period, or (iv) when your computer or mobile device has not accessed the Services for more than fifteen (15) calendar days. You acknowledge and agree that AccuFuel’s policy is to automatically delete all of your Content upon termination or expiration of any Free Trial Period and that it is solely your responsibility to back up your data before such time.

License from You.

Except for material we may license to you, AccuFuel does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public, you grant AccuFuel a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. Said license will terminate within a commercially reasonable time after you or AccuFuel remove such Content from the public area. By submitting or posting such Content on areas of the Service that are accessible by the public, you are representing that you are the owner of such material and/or have authorization to distribute it.

Changes to Content.

You understand that in order to provide the Service and make your Content available thereon, AccuFuel may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits AccuFuel to take any such actions.

8. Trademark Information

AccuFuel, the AccuFuel logo, and other AccuFuel trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of AccuFuel, LLC in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

9. Software

AccuFuel’s Proprietary Rights.

You acknowledge and agree that AccuFuel and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

License From AccuFuel.

AccuFuel grants you a personal, non-exclusive, non-transferable, revocable limited license to use the Software as provided to you by AccuFuel as a part of the Service and in accordance with the TOU; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.

Export Control.

Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your AccuFuel account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.

Updates.

As part of the Service, you may from time to time receive updates to the Software from AccuFuel which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that AccuFuel may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.

10. Termination

Termination by You.

You may terminate your account and/or stop using the Service at any time. To terminate your account contact AccuFuel Support at https://accufuel.freshdesk.com. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by the TOU), including any fees paid in advance for the term during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.

Termination by AccuFuel.

AccuFuel may at any time, and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination include, but not be limited to: (a) violations of the TOU or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by AccuFuel in its sole discretion, without any refund to you of any prepaid fees or amounts, and AccuFuel will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.

Effects of Termination.

Upon termination of your account you lose all access to the Service and any portion of the data stored in the Service. In addition, AccuFuel shall delete all information and data stored in or as a part of your account(s) including, but not limited to, data files, email, albums and preferences. Any individual components of the Service that you may have used subject to separate software license agreements (e.g. Backup software) will also be terminated in accordance with those license agreements.

11. Links and Other Third Party Materials

Links.

Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because AccuFuel may have no control over such third party sites and/or materials, you acknowledge and agree that AccuFuel is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that AccuFuel shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

12. Disclaimer of Warranties

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. AccuFuel AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, AccuFuel AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED AND (V) ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOUR USE OF THE SERVICE AS WELL AS ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR DOWNLOAD OF ANY SUCH MATERIAL. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AccuFuel SHALL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF AccuFuel’S OBLIGATIONS HEREUNDER. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AccuFuel OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

13. Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AccuFuel AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF AccuFuel HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE. THE SERVICE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT AccuFuel DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, DEVICES, WEB SITES, COMPUTERS, OR NETWORKS. AccuFuel SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND DEVICES.

14. Indemnity

You are solely responsible and liable for your conduct and your Content related to the Service. You agree to defend, indemnify and hold AccuFuel, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of the TOU; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of the TOU and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Member Account, and that the TOU apply to any and all usage of your account. You agree to comply with the TOU and to defend, indemnify and hold harmless AccuFuel from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorized by you.

15. Notices

AccuFuel may provide you with notices regarding the Service, including changes to the TOU, by email to the email address provided during the registration process (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.

16. Digital Millenium Copyright Act (DMCA) Notices

AccuFuel respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Service, please provide the following information in writing to AccuFuel’s Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. a description of the copyrighted work that you claim has been infringed.
3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
4. information so that we can contact you, such as address, telephone number and e-mail address.
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted or uploaded to the Service, that were subsequently removed from the Service, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to AccuFuel ‘s Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

1. your physical or electronic signature.
2. a description of the materials that have 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.
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

AccuFuel’s Copyright Agent can be reached as follows:

Copyright Agent AccuFuel, LLC 6705 W 10050 N Highland, UT 84003 Email: legal@accufuelapp.com

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the Service, please contact AccuFuel through our support page: https://accufuel.freshdesk.com

17. Governing Law

The TOU and the relationship between you and AccuFuel shall be governed by the laws of the State of Utah, USA, excluding its conflicts of law provisions. You and AccuFuel agree to submit to the personal and exclusive jurisdiction of the courts located within Utah County, Utah, USA, to resolve any dispute or claim arising from the TOU.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

18. Void Where Prohibited

AccuFuel administers and operates the http://www.accufuelapp.com website from USA. Although the Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. AccuFuel reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Service is void where prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

19. General

The TOU constitute the entire agreement between you and AccuFuel, govern your use of the Service and completely replace any prior agreements between you and AccuFuel in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of the TOU is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of AccuFuel to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in the TOU, there shall be no third-party beneficiaries to this agreement. Any translation of the TOU is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of the TOU shall govern. You agree that any claim or cause of action arising out of or related to the TOU or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.

Last revised: 8 January 2018