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Welcome to AircraftFuel.com.
AircraftFuel.com, LLC. ("AircraftFuel.com") provides access to you subject to
your acceptance of and compliance with the terms and conditions set forth in
these AircraftFuel.com Terms of Service. By using your AircraftFuel.com Account
(as defined below), you are deemed to have agreed to all of the terms and
conditions in these Terms of Service. Please read these terms carefully. If you
are reading these Terms of Service, you should have already registered for an
AircraftFuel.com Account. If you have not yet registered for an
AircraftFuel.com Account, click at www.AircraftFuel.com. By checking the box
next to "I AGREE" you indicate your acceptance without modification of these
Terms of Service including, without limitation, the authorization set forth
below. Description of the AircraftFuel.com Information Service.
AircraftFuel.com offers an information service connecting Contract or other
Fuel Vendors (“Vendors”) who post specified, standardized digital data
regarding their aircraft fuel prices, locations and comparison data and
services ("Content"), and customers ("Customers") who use the AircraftFuel.com
website or services to access such Content (the "AircraftFuel.com Information
Service" or "AircraftFuel.com"). Vendors and Customers are sometimes referred
to in this Terms of Service collectively as "Users" or "you".
Description of AircraftFuel.com Access.
In General.
AircraftFuel.com shall provide the AircraftFuel.com Information Services and
any other services it may subsequently decide to introduce through the
AircraftFuel.com website, in order to process Vendor information requested by
Customers.
AircraftFuel.com Information Services can be used by a subscribing Customer for
a variety of its own information purposes including, but not limited to: making
one time purchases of Vendors’ Products or access to Vendors’ Services.
Third Party Relationships
(d) AircraftFuel.com shall have no liability to Customers in the event that
AircraftFuel.com is unable to provide any of the services, including, without
limitation, AircraftFuel.com Information Services, described in this Agreement
as a result of the failure or refusal of any of the Vendors to provide fuel
pricing data or other Content. AircraftFuel.com makes no representation or
warranty whatsoever regarding the accuracy or usefulness of the Content, which
is provided by the Vendors.
Customers shall not share, rent, lease, distribute or permit access to, or
offer for sale or purchase using the AircraftFuel.com Information Services any
products, goods, services, content or access in a manner that is not authorized
by these Terms of Service or that is unlawful under the laws of the United
States or any state, territory or local jurisdiction therein. System Support.
AircraftFuel.com customer email support will be available to assist Customers
during normal business hours 8 a.m. to 6 p.m. Pacific Time, Monday through
Friday at support@AircraftFuel.com
The AircraftFuel.com Information Service is monitored for network connectivity,
responsiveness, and data consistency. AircraftFuel.com reserves the right to
interrupt, suspend or terminate the AircraftFuel.com Information Service, or
any Content, product or service provided thereunder, for any reason or no
reason at any time in its sole discretion. In the event of a system wide
outage, AircraftFuel.com will post notice thereof on the AircraftFuel.com
website. The foregoing constitutes Customers’ exclusive remedy and
AircraftFuel.com's sole liability for interruptions, suspensions, outages or
termination of the AircraftFuel.com Information Service.
Registration Process.
Establishing an AircraftFuel.com Access Account
In order to use AircraftFuel.com as a Customer, you must first establish an
AircraftFuel.com Access Account ("AircraftFuel.com Account"). You must be
eighteen (18) years old to establish an AircraftFuel.com Account.
AircraftFuel.com reserves the right to deny, in AircraftFuel.com's sole
discretion, an AircraftFuel.com Account or its services to any person. During
the registration process, potential Customers must provide some required
information, including first name, last name, username (e-mail address),
password, Vendor log on information, etc. You agree to provide only true,
accurate, current and complete information (including accurate information
concerning your identity, affiliation or entity and the number and fuel
capacity of aircraft you own, lease or operate) during the registration
process, and to update it as required to keep it so. AircraftFuel.com reserves
the right to terminate any duplicate accounts of a Customer. and any accounts
containing untruthful, inaccurate or incomplete contact or other information.
Your password and your AircraftFuel.com Account are personal to you; you may
not allow anyone else to use your password or your AircraftFuel.com Account.
You may not use anyone else's password or AircraftFuel.com Account. You are
responsible for maintaining the confidentiality of your password, as well as
any additional individual identifying information required for you to use the
AircraftFuel.com Information Services. For security purposes, it is recommended
that you choose a non-obvious password, memorize it and do not write it down.
AircraftFuel.com will not be liable for losses that are incurred through the
use of your username and/or password or AircraftFuel.com Account by a third
party, including a third party you may have authorized to use your
AircraftFuel.com Account. You must immediately notify AircraftFuel.com by
e-mail at support@AircraftFuel.com. if you become aware of any loss, theft, or
unauthorized use of your username or password or if you become aware of any
other unauthorized use of AircraftFuel.com.
AircraftFuel.com Fees
AIRCRAFTFUEL.COM ACCESS
Access Setup Fee:
Each Customer will pay AircraftFuel.com an annual fee based on the number of
aircraft owned, leased or operated by it in that month and the fuel tank size
of each aircraft according to the following schedule:
Annual Subscription Fee
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| Fuel Subscription Level 1 |
0-400 gallons |
$199.00 per year
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| Fuel Subscription Level 2 |
401-999 gallons |
$299.00 per year |
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| Fuel Subscription Level 3 |
over 1000 gallons |
$499.00 per year |
*Each additional aircraft is $50.00.
Payment Mechanics and Authorization
By accepting these Terms of Service, you authorize AircraftFuel.com to initiate
charges to the credit or debit card that you provide during your
AircraftFuel.com Access registration and, in the case of electronic debits, to
your checking account at your financial institution. (Not all Information
methods may be available at all times.) These charges are to obtain funds to
pay your AircraftFuel.com Access Fees. You agree that AircraftFuel.com may
initiate these charges or debits on a monthly basis to your credit/debit card
account or your checking account without obtaining additional authorization
from you. Completing the registration page and checking the box next to "I
AGREE" below this Terms of Service shall constitute your electronic signature
on, and evidence your agreement to, this payment authorization. This payment
authorization shall remain in full force and effect until AircraftFuel.com has
received notification from the Customer of its termination in such time and in
such manner as to afford AircraftFuel.com and the card-issuing or
account-holding bank a reasonable opportunity to act on the notification of
termination. AircraftFuel.com may transfer this payment authorization to its
successors and assigns, without prior notice to the Customers.
As an AircraftFuel.com Customer you agree not to:
Interfere with or disrupt the AircraftFuel.com Information Service or servers
or networks connected to the AircraftFuel.com Information Service or violate
the requirements, regulations, policies or procedures of such networks.
Attempt to gain unauthorized access to the AircraftFuel.com Information
Services, other AircraftFuel.com Accounts, or computer systems or networks
connected to the AircraftFuel.com Information Service through password mining
or any other means.
Representations and Warranties
As a Customer, you represent and warrant on a continuing basis that at all
times when you have an AircraftFuel.com Account: You will comply with all of
the steps to participate in AircraftFuel.com as set forth on the
AircraftFuel.com web site. All information you have provided to
AircraftFuel.com is true, accurate and complete.
Use Restrictions
AircraftFuel.com Policies and Procedures
As a Vendor or Customer you acknowledge that AircraftFuel.com will operate the
AircraftFuel.com Information Services in accordance with certain general
policies and procedures that may change from time to time ("AircraftFuel.com
Policies and Procedures"). You agree that the AircraftFuel.com Policies and
Procedures apply to your conduct as a Vendor or Customer using the
AircraftFuel.com Information Services and that it is your obligation to adhere
to them. The AircraftFuel.com Policies and Procedures are located on the
AircraftFuel.com Site at http://www.AircraftFuel.com.com/copyright/index.html
and are incorporated into this AircraftFuel.com Terms of Service by reference.
No Warranty from AircraftFuel.com
Customers' and Vendors’ use of AircraftFuel.com is entirely at their own risk.
THE AIRCRAFTFUEL.COM INFORMATION SERVICES ARE BEING PROVIDED TO YOU "AS IS"
WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIRCRAFTFUEL.COM, ON
BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO THE AIRCRAFTFUEL.COM INFORMATION SERVICE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF VENDORS’ SERVICES AND
PRODUCTS’ FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY
QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. AIRCRAFTFUEL.COM, ITS SUBSIDIARIES, AFFILIATES AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS DO NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR INTEGRITY OF THE
AIRCRAFTFUEL.COM INFORMATION SERVICES OFFERED OR PROVIDED BY AIRCRAFTFUEL.COM.
IN ADDITION, AIRCRAFTFUEL.COM DOES NOT WARRANT THAT ACCESS TO THE
AIRCRAFTFUEL.COM INFORMATION SERVICES AND/OR AIRCRAFTFUEL.COM WEB SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, AND AIRCRAFTFUEL.COM ASSUMES NO RESPONSIBILITY FOR
ANY DAMAGE CAUSED BY YOUR ACCESS, INABILITY TO ACCESS, USE OR INABILITY TO USE
THE AIRCRAFTFUEL.COM INFORMATION SERVICES AND/OR AIRCRAFTFUEL.COM WEB SITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AIRCRAFTFUEL.COM, ITS
SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE
AIRCRAFTFUEL.COM INFORMATION SERVICES, ANY CHANGES TO THE AIRCRAFTFUEL.COM
INFORMATION SERVICES, ANY TRANSACTIONS ENTERED INTO THROUGH THE
AIRCRAFTFUEL.COM INFORMATION SERVICES, OR COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
OBTAINED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA,
OR OTHER INTANGIBLES, EVEN IF AIRCRAFTFUEL.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AIRCRAFTFUEL.COM'S, ITS
SUBSIDIARIES', AFFILIATES', AND THEIR RESPECTIVE SUCCESSORS' OR ASSIGNS'
LIABILITY UNDER THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS ($500).
YOU SPECIFICALLY AGREE THAT AIRCRAFTFUEL.COM, ITS SUBSIDIARIES, AFFILIATES, AND
THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES
ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE AIRCRAFTFUEL.COM
INFORMATION SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT.
LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS, AND/OR LIABILITY FOR SOME
TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME
OR ALL OF THE WARRANTY DISCLAIMER AND THIS LIMITATION OF LIABILITY MAY NOT
APPLY TO YOU. IF PERMITTED BY LAW, THE LIABILITY OF AIRCRAFTFUEL.COM, ITS
SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS IS
LIMITED TO RESUPPLYING THE AIRCRAFTFUEL.COM INFORMATION SERVICES.
Indemnity
Each Customer agrees to indemnify AircraftFuel.com and its subsidiaries,
affiliates, and their successors, assigns officers, directors, agents, and
employees ("Indemnified Parties") and hold them harmless from and against any
loss, cost, or expense (including reasonable attorneys' fees) attributable to
(a) any breach of such Customer obligations, representations, and warranties
under this AircraftFuel.com Terms of Service; (b) any claims against the
Indemnified Parties by third parties relating in any way to the Content of such
Customer or use of the AircraftFuel.com Information Services by such Customer;
(c) any violation of law or legal obligation; and (d) any claims relating to
Customer’s use of the AircraftFuel.com Information Services after
AircraftFuel.com has terminated such Customer’s right to use the
AircraftFuel.com Information Services.
Parental Control Protections
As required by the Communications Decency Act of 1996, AircraftFuel.com hereby
notifies you that parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may assist you
in limiting access to Content that may be harmful to minors. Links
Certain Content may provide or include links to web sites or other content. You
acknowledge and agree that AircraftFuel.com is not responsible for the
availability of such external sites or content, and does not endorse and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such sites or content. You agree that
AircraftFuel.com shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content or other materials available on such
external sites or resources.
Privacy
AircraftFuel.com is committed to protecting User privacy and has developed and
deployed its system accordingly, which conforms to industry-standard
procedures, please see our Privacy Policy.
Infringement
If you believe that a copyright or other intellectual property right is being
infringed using the AircraftFuel.com Information Service, provide in writing
the notice required under the Digital Millennium Copyright Act (the "Notice")
to AircraftFuel.com's Copyright Agent listed below. AircraftFuel.com will
notify you of any action taken in response to your Notice. Our compliance with
your Notice may include, but is not limited to, removing or disabling links to
allegedly infringing material. In order to protect content owners, Customers
and AircraftFuel.com from fraudulent notices, or incorrect or ineffective
claims of infringement, we will respond only to Notices that comply with the
requirements of the Digital Millennium Copyright Act. For more information
about what happens after you submit your Notice, see the Digital Millennium
http://lcweb.loc.gov/copyright/legislation/dmca.pdf
Modifications to Terms of Service
AircraftFuel.com reserves the right to change these AircraftFuel.com Terms of
Service or AircraftFuel.com policies regarding the use of the AircraftFuel.com
Information Services at any time upon notice. Any such amendment will become
effective (a) immediately (or on a prospective date designated by
AircraftFuel.com) for Customers joining after posting of the amendment or (b)
seven days after notice pursuant to the notice provisions herein to the
existing Customers notifying them of the amendment.
If AircraftFuel.com decides to change these Terms of Service, we will post the
changes to this Terms of Service on the homepage of our Site, and other places
we deem appropriate. In some cases where we post a notice we may also e-mail
Customers, who have opted to receive communications from us, notifying them of
the changes in our Terms of Service.
Termination of AircraftFuel.com Account
AircraftFuel.com may terminate a Customers' participation in AircraftFuel.com
at any time for any reason or no reason upon notice to the Customer. A Customer
may cancel its AircraftFuel.com Account at any time for any reason or no reason
by sending a cancellation request to support@AircraftFuel.com. Participation in
the AircraftFuel.com Information Services is subject to these AircraftFuel.com
Terms of Service as modified from time to time. Certain conduct may result in
termination of your participation in AircraftFuel.com and subject you to
appropriate action for damages, if any. Such conduct includes, but is not
limited to: (a) any failure to follow the AircraftFuel.com Terms of Service;
(b) acting in a manner inconsistent with or in violation of local, state,
federal and other applicable laws, statutes or ordinances; (c) any conduct
detrimental to the interests of AircraftFuel.com, its affiliates or suppliers
and (d) submitting any false information to AircraftFuel.com. AircraftFuel.com
may also terminate an AircraftFuel.com Account if such termination is necessary
to protect AircraftFuel.com from potential loss. If AircraftFuel.com terminates
an AircraftFuel.com Account, a Customer will not have the right to re-enroll or
join AircraftFuel.com under a new account or name. Any pre-paid fees will not
be refunded to a Customer upon termination. Termination of an AircraftFuel.com
Account shall not relieve Customer's obligation to pay all AircraftFuel.com
Fees that have accrued or are otherwise owed by Customer under this Terms of
Service (or any Amendment to this Agreement, Order Form, Statement of Work or
other similar document related hereto). Within fifteen (15) days of any
termination of an AircraftFuel.com Account, Customer shall pay to
AircraftFuel.com all unpaid AircraftFuel.com Fees accrued prior to termination.
AircraftFuel.com must receive thirty (30) days notice to terminate an
AircraftFuel.com Account. All cancellation requests must be submitted in
writing to support@AircraftFuel.com
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