Terms of Use

Welcome to JouleRefuel.com (“our website” and “this site”). JouleRefuel.com is operated by Joule Refuel, Inc. ("we," "us" and "our") and allows you to: (a) participate in interactive features that we may make available from time to time; or (b) simply view this site. We prepared this Terms of Use Agreement (this "Agreement") to help explain the terms that apply to your use of our website. In order to use the interactive features on our website, you must first register an account. Regardless of how you decide to use our website, your conduct on our website is governed by this Agreement and our Privacy Policy, both of which are incorporated into this Agreement by reference. 

  1. Your Use of this Site
  2. Rules Governing Public Contributions
  3. Grant of License for Contributions
  4. User Submitted Content
  5. Risk of Harm
  6. Use and Protection of Account
  7. Our Intellectual Property Rights
  8. Our Site Management
  9. Term and Survival
  10. Modifications
  11. Third Party Sites
  12. Disputes Between Users
  13. Disputes Between Us
  14. Disclaimers
  15. Limited Liability
  16. Liquidated Damages
  17. Indemnity
  18. Miscellaneous

 

1. Your Use of this Site

When you use this site, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of this site and your use of services available on our website do not violate any applicable law or regulations; (d) you are 18 years of age or older; and (e) you will comply with the rules for online conduct and what you contribute to this site, as discussed in Section 2 below. You further represent and warrant that you will comply with all local rules regarding online conduct and acceptable Contributions (as defined below).

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2. Rules Governing Public Contributions

This site may provide fora and other features for communication. Please read our Privacy Policy to understand your privacy protections. You are entirely responsible for the content of, and any harm resulting from, any of your postings or submissions to this site (collectively, "Contributions"). When you create or make available a Contribution, you represent and warrant that you: 

 

  • own or have sufficient rights to post your Contributions, on or through our website;
  • will not post Contributions that violate our or any other person's privacy rights, publicity rights, copyrights or contract rights;
  • have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owning any person by reason of Contributions that you posted to or through our website;
  • will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
  • will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services);
  • will not use this site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent;
  • will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
  • will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this site or the networks or services connected to this site, including without limitation, hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications; or
  • will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

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3. Grant of License for Contributions

We need a license from you so that we can use your Contributions on our website or elsewhere. By making a Contribution to this site, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sub-licensable (meaning that we can sub-license its rights to, for example, third party hosted service providers who host this Site) and worldwide (because the Internet and this Site are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution.

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4. User Submitted Content

This site may allow users to post text, images, audio, video, links to other sites, or other content to our website. As a consequence, you may see materials that have been submitted to this site by individuals not affiliated with Joule Refuel. Neither Joule Refuel, Inc. nor any of its affiliates endorses these individuals nor are we in any way associated with any of the materials that they may post on this site or link to from this site. Neither Joule Refuel, Inc. nor its affiliates (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individuals or in connection with any conduct of these individuals.

By submitting any content to our website, you understand and agree that you are giving us a royalty-free, irrevocable, non-exclusive and sub-licenseable license and worldwide license to use, reproduce, publish, distribute, perform, display and creative derivative works from any such user submissions, in whole or in part, in any form (including for promotional or marketing purposes). You agree not to disparage, defame or otherwise seek to damage anyone or invade anyone’s rights through any submitted content.

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5. Risk of Harm

Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on this site, that you give to other users, and that you share on Social Media in connection with this site. You are discouraged from publicly posting the following information on our website: your full name, phone numbers, and street addresses. Despite this prohibition, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through our website. We expect that you will use caution and common sense when using this site.

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6. Use and Protection of Account

You are responsible for maintaining the confidentiality of your account name, e-mail, and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

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7. Our Intellectual Property Rights

All of the content on this site ("Materials"), the trademarks, service marks, and logos contained on this site ("Marks"), as well as the arrangement thereof are owned by or licensed to Joule Refuel, Inc. and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights not expressly granted herein are reserved. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of this site or enforce limitations on use of this site or the Materials on this site. You further agree not to access this site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.

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8. Our Site Management

We may, but are not required to: (a) monitor or review this site for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome; and/or (d) manage our website in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of this site.

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8.1. Data Use and Sharing

We require the ability to use data from our refueling system and share this data with relevant third parties to comply with local, state, and federal regulations. The data may include, but is not limited to, energy consumption, as well as hardware and software (mal)functioning information. Third parties may include, but are not limited to, the system manufacturer, operations and maintenance providers, or governmental regulatory agencies. We may also provide data in aggregated form (in a form where the source cannot be identified) to third parties who are not connected to our refueling system, such as government agencies, research firms, and media.

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8.2. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on our website is inaccurate at any time without prior notice, before or after you submitted your order.

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8.3. Our Right to Refuse Service

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per account user, per driver or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or delivery address. In the event we make a change to or cancel an order, we will attempt to notify both the account user and the driver by e-mail and/or phone number provided.

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8.4. Our Right to Terminate Users

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THIS SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

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9. Term and Survival

This Agreement shall remain in full force and effect while you use this site. You may terminate your use or participation at any time, for any reason, by clicking [xxxxx] under [xxxxx] in My Account or by contacting info@joulerefuel.com. Upon termination of your JouleRefuel.com account for any reason, we will close your account, and you will no longer be able to retrieve materials contained in the account. Even after your use and participation is terminated, this Agreement will remain in effect.

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10. Modifications

The Internet and technology are rapidly changing. Accordingly, we may modify this Agreement from time to time. We will contact you if we do so, which is why it is important that you notify us immediately if your email address changes. If you are a registered user, you will be asked to click to accept the new agreement the next time you log in to this site in order to be able to use the interactive portions of our website. We will also put any revised versions of this Agreement on our website with a notice advising of the change. It is therefore important that you regularly check this site for any announcements about revisions and keep your contact information current to ensure you are informed of any changes.

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11. Third Party Sites

JouleRefuel.com may contain links to other websites ("Third Party Sites"). We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on this site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. 

THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THIS SITE OR A LINK LOCATED ON THIS SITE, USERS SHOULD REVIEW THE THIRD PARTY SITE'S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

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12. Disputes Between Users

You are solely responsible for your conduct. You agree that we cannot be liable for any dispute that arises between you and any other user.

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13. Disputes Between Us

YOU AND WE AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA. YOU AND WE FURTHER AGREE THAT ANY DISPUTES SHALL BE RESOLVED UNDER THE SUBSTANTIVE LAW OF THE STATE OF CALIFORNIA (EXCLUSIVE OF ITS CHOICE OF LAW PROVISIONS). THE CONVENTION FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY.

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14. Disclaimers

ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING OUR WEBSITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THIS SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

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15. Limited Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $100.

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16. Liquidated Damages

You acknowledge and agree that spam is harmful to a website, service or network and causes injury, including damage to reputation and goodwill, which is difficult to measure. As a reasonable estimation of harm, you agree to pay us $100 for each unsolicited commercial email or other unsolicited commercial communication that you send from, to or through this site.

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17. Indemnity

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our website, Content or Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

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18. Miscellaneous

18.1. Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the use of this site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.

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18.2. Independent Contractors 

Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

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18.3. No Third Party Beneficiaries

This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.

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18.4. Section Titles

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

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18.5. Non-Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

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18.6. Severability

This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

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18.7. Assignment

You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition.

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Last Updated on June 15, 2015