YOUR USE OF THE WEBSITE
This website (“Website”) is owned and operated by Jacobus Energy, Inc. and Quick Fuel Fleet Services, LLC (together, the “Company”). The FuelEdge® technology and QuickNet® technology are accessed via this Website. Information requested and/or obtained through this Website (the “Information”) is owned by the Company. The Company authorizes you to use the FuelEdge technology, the QuickNet technology, the Website and Information solely for the purpose for which it was disclosed (“Purpose”) and you agree not to use or further disclose the FuelEdge technology, the QuickNet technology, the Website or the Information for any other purpose. Without limitation, you are not authorized to make the Information available on any other website or reproduce, distribute, copy, store, use or sell the Information without the express written consent of the Company. You are not authorized to reproduce, distribute, copy, store, use or sell the Information for commercial gain without the express written consent of the Company. Your right to use the FuelEdge technology, the QuickNet technology or the Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
In the course of obtaining or otherwise using the Information as permitted hereunder, Subscriber may not make the Information, or any part thereof, available to any other party, except in connection with the Purpose. Subscriber must ensure that the Information is at all times kept on a secure server, viewable only by users that will use the information only in connection with the Purpose.
Except as expressly set forth herein, neither Subscriber nor any User may (i) copy, modify, transmit, create derivative works of, publish, sub-license, or otherwise share the Website or Information, or any portion thereof; (ii) disassemble, reverse engineer or decompile the Website or any portion thereof; (iii) use any "deep-link", "page-scrape", "robot", "spider," "offline readers," or any equivalent manual process, to access or monitor any portion of the Website; (iv) collect any personally identifiable information, including user names or passwords, from the Website; (v) take any actions that may circumvent, disable or damage the Website's security; (vi) use the Information in a manner that disparages the Website or the Company; or (vii) use the Information or Website in any manner that the Company may, in its sole and exclusive discretion, deem inappropriate.
User understands and agrees that the Website and the Information possess a unique character that makes it difficult to assess the monetary damages that would be sustained as a result of unauthorized use of the Website or Information. User understands and agrees that unauthorized use may cause immediate and irreparable damage to the Company for which the Company would not have an adequate remedy at law. Therefore, User agrees that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies that may be available to the Company, the Company shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
YOUR DUTIES AS TO REGISTRATION
In consideration of your use of this Website and any services provided by the Company in connection therewith, including but not limited to the FuelEdge technology and the QuickNet technology, (hereafter, collectively the "Services"), you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Company's registration form (such information being referred to hereafter as the "Registration"); (ii) maintain and promptly update the Registration to keep it true, accurate, current and complete; and (iii) keep your user name and password confidential. If you provide any information that is untrue, inaccurate, outdated or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof. Subscriber is responsible for maintaining the security and confidentiality of all log-in information, including user name and password information, and for preventing access to the Website and/or the material on the Website by unauthorized persons.
YOUR RELATIONS WITH ADVERTISERS AND SUPPLIERS
Your correspondence or business dealings with, or participation in promotions of, advertisers, suppliers or affiliates found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, supplier or affiliate. You agree that the Company and this Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, supplier or affiliates on the Website.
CORRECTION OF ERRORS AND INACCURACIES
The content of this Website, including but not limited to text, pricing, availability and descriptions may contain errors or inaccuracies, and may not be complete or current. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
The Website may now or in the future permit the submission of content, communications, or other information ("Submissions") submitted by Users and the distribution, downloading, sharing and/or publishing of such Submissions. Whether or not such Submissions are published, the Company does not guarantee the confidentiality of any Submissions. The Company does not endorse any Submission or any opinion or statement expressed therein. The Company expressly disclaims any and all liability in connection with any and all Submissions.
In using the Website, you understand that you may be exposed to Submissions from a variety of sources and Users. The Company is not responsible for the accuracy, safety, or intellectual property rights of or relating to such Submissions. You further understand that you may be exposed to Submissions that are inaccurate, offensive, or objectionable, and you agree to and hereby do waive any legal or equitable rights or remedies you may have against the Company with respect thereto.
In connection with Submissions, you represent, and warrant that:
(i) you have the right and authority to enter into this Agreement;
(ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to distribute, share, publish or otherwise use all proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Website;
(iii) you will not submit material that is copyrighted by a third-party or otherwise subject to third-party proprietary rights and that the Submission does not infringe upon or misappropriate the intellectual property rights of any third-party;
(iv) you will not submit material that is subject to any third-party privacy or publicity rights;
(v) you will not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, or encourages conduct that would be a criminal offense, violate any law, or is otherwise inappropriate;
(vi) all materials are free from computer viruses and/or any type of code that could potentially disrupt the operation of this Website;
(vii) you permit the Company to use your name and likeness in connection with the Website and the promotion and distribution of the Submission; and
(viii) you are eighteen (18) years old or older.
COPYRIGHT INFRINGEMENT NOTIFICATION
The Company does not endorse or permit copyright infringing activities or any other infringement of intellectual property rights on its Website. The Company will remove materials if properly notified that such material infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Submission or other Content of this Website infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Company's Copyright Agent for notice of claims of copyright infringement can be reached at the following email address: firstname.lastname@example.org.
The Company does not want to receive any confidential information from you through this Website. Any Submissions or other information you transmit or post to this Website or send via e-mail to the Company will be considered non-confidential. The Company will have no obligations with respect to the Submissions. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
LINKS TO OTHER WEB SITES
Links to third party websites from this Website are provided solely as a convenience to you. The Company has not reviewed all of these sites or their content. Thus, the Company does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
THE COMPANY MAKES, AND THIS WEBSITE INCLUDES, NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPANY OR THE CONTENTS OF THIS WEBSITE, INCLUDING THE INFORMATION, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." THE COMPANY AND THIS WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE COMPANY AND THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED OR CONTENT PROVIDED BY SUPPLIERS TO THIS WEBSITE. THE COMPANY DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON OR THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE COMPANY OR THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY OR THIS WEBSITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR THIS WEBSITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION ON THIS WEBSITE, EVEN IF THE COMPANY, OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGES RELATED TO VIRUS INFECTION AND THE RESULTING CORRUPTION, DESTRUCTION, OR ALTERATION OF A USER OR SUPPLIER'S SYSTEM (INCLUDING FILES, SOFTWARE AND HARDWARE LOCATED ON THEIR SYSTEMS).
Subscribers and Users shall indemnify and hold harmless and, at the Company’s request, defend The Company and its shareholders, directors, officers, employees, agents, representatives and affiliates (hereinafter collectively “Indemnitees”) from and against any and all claims, demands, actions, suits, proceedings, damages, costs, judgments, penalties and expenses of any kind (including reasonable legal fees and defense costs) which may be obtained against, imposed upon or suffered by any Indemnitees as a result of: (i) the breach by Subscriber or User of this Agreement; (ii) any and all unauthorized disclosures of the Information; (iii) a failure to keep user name and/or password secure; or (iv) Subscriber or User's use of the Website or Services.
JURISDICTION AND EXPORT
This Website is controlled and operated by the Company from its office in Milwaukee, Wisconsin, United States of America. The Company and this Website make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Data from this Website is further subject to United States export controls. No software from the Company or this Website may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods. By downloading or using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. This Agreement will be governed by and construed in accordance with the laws of Wisconsin, without giving effect to any of its principles of conflicts of laws. You agree to submit to the exclusive jurisdiction of the courts of the state of Wisconsin.
Copyright © 2010 Jacobus Energy, Inc. Quick Fuel Fleet Services, LLC All rights reserved.