Terms of Service
These Terms of Service (“Terms”) represent a contractual relationship (“Agreement”) between the customer (“User,” “You”) and Frontline Refueling (“Frontline Refueling,” “we,” or “us”), a Limited Liability Corporation.
User Acceptance
By using our website, mobile application, and/or service, You are agreeing to the Terms set forth in this Agreement and to the collection of all the data and information listed in Frontline Refueling’s Privacy Policy. Please read this Agreement thoroughly before using Frontline Refueling’s services. If You do not agree to any or all Terms stated in this Agreement, please do not use Frontline Refueling’s services.
Creating an Account
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Frontline Refueling certain personal information, such as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method (either a credit card or accepted payment partner). Multiple vehicles can belong to one Account.
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Frontline Refueling’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Frontline Refueling in writing, you may only possess one Account.
By creating an account on either our app or website, You are agreeing to take on all risks associated with password security and protection. It is up to You to ensure and monitor the authorization of other individuals into Your account; and, therefore, You must assume all risk and liability associated with the security of Your individual account details.
However, if You do suspect that fraudulent activity has occurred, please notify Frontline Refueling as soon as possible so we can help resolve the issue in a timely manner.
Contractual Appointments
By agreeing to the Terms listed in this Agreement, You are agreeing that Frontline Refueling has the ability to update, change, add to, or remove any Terms throughout this Agreement as it pertains to allowing Frontline Refueling to perform daily operations.
Changes may occur when new features, locations, and other additions are made to the app or service, and the Terms have to be modified to reflect those changes. We will notify You when changes to the Terms have been made, and we encourage You to read those changes carefully to ensure Your consent.
By agreeing to the Terms listed in this Agreement, You are accepting Frontline Refueling as a private contractor who delivers fuel to Your vehicle at a calibration rate of 00.0 gallons.
By continuing to use Frontline Refueling’s service, You are agreeing to the changes made in this Agreement. If You disagree with any of the changes made, please reach out to Frontline Refueling, or discontinue Your use of the service.
Payment
You are responsible for all fees associated with your use of Frontline Refueling’s Services. We are responsible for communicating those fees to you clearly and accurately. You agree to receive a receipt via email or text or through the Frontline Refueling App itself. If a modification or cancellation of Services is necessary, Frontline Refueling will notify you of this.
Charges
You understand that use of the Services may result in charges to you for the services or goods you receive from Frontline Refueling (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Frontline Refueling. All Charges are due immediately and payment will be facilitated by Frontline Refueling using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Frontline Refueling may use the secondary payment method from your Account, if available.
You agree that Frontline Refueling will send you a receipt by your choice of email or text message, and/or through the application. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law.
Modifications & Cancellations of Services
Frontline Refueling, at its sole discretion, reserves the right to create, modify, and remove Charges for any or all services or goods obtained through the use of the Services. Frontline Refueling may from time to time provide certain users with Promo Codes and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that such Promo Codes and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
Frontline Refueling may, at its sole discretion, elect not to fill a requested vehicle if Frontline Refueling deems it unsafe to do so, or if fueling the vehicle would violate an applicable law, code, standard, or procedure. In such an event, the request may be cancelled by Frontline Refueling, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by Frontline Refueling, an Unable to Deliver Fee of $20 will be charged. The Account holder will be notified.
Gratuities
Gratuities are voluntary. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services or goods obtained through the Services, you are under no obligation to do so.
Rounding Off
Frontline Refueling may, in its sole discretion, round up or round down amounts that are payable to Frontline Refueling to the nearest whole functional base unit; for example, Frontline Refueling will round up an amount of $41.505 to $41.51, or $41.491 to $41.49.
Privacy Policy
For more information regarding how we use, collect, and store data and other information, please review our Privacy Policy.
Frontline Refueling’s Ownership of Materials
Frontline Refueling is the sole owner of all materials associated with our brand including, but not limited to: the logo and all designs, text, graphics, pictures, website, database, algorithms, analytics, information and other content (excluding outside content we have gathered with consent of the Users). This property is owned by us and is protected by U.S. and international copyright laws.
Your rights do not include: (i) modifying or otherwise making any derivative uses of the service or any portion thereof; (ii) using any data mining, robots or similar data gathering or extraction methods; (iii) downloading (other than page caching) of any portion of the service or any information contained therein; (iv) reverse engineering or accessing the service in order to build a competitive product or service; or (v) using the service other than for its intended purposes. If You do any of these actions, we may terminate Your use of the service and reserve the right to pursue legal action.
Third Party Content and Use of Hyperlinks
Users may be allowed to create a hyperlink to the service. But You may not use frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent. Frontline Refueling makes no claim or representation regarding and accepts no responsibility for third party websites accessible by hyperlink from the service or websites linking to the service.
When You leave the service, You should be aware that these Terms and our Policies no longer govern. If there is any content on the service from You and others, we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the service. You acknowledge sole responsibility for and assume all risk arising from Your use of or reliance on any content.
Warranties & Disclaimers
The service and any other service and content included on or otherwise made available to You through the service are provided to You on an “as is” or “as available” basis without any representations or warranties of any kind. We disclaim any and all warranties and representations (express or implied, oral or written) with respect to the service and content included on or otherwise made available to You through the service whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise.
Liabilities
In no event will Frontline Refueling be liable to You or any third party for any special, indirect, incidental, punitive, exemplary or consequential damages of any kind arising out of or in connection with the service or any other service and/or content included on or otherwise made available to You through the service, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages.
Our total liability for all causes of action and under all theories of liability will be limited to the amount You paid to Frontline Refueling. This section will be given full effect even if any remedy specified in this agreement is deemed to have failed of its essential purpose.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to Your use of the service or the use of the service by any person using Your account, including any claim that Your use of the service violates any applicable law or regulation, or the rights of any third party, and/or Your violation of these Terms.
Governing Law
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the state of Louisiana, without regard to conflicts of law principles.
Dispute Resolution
Please read the following paragraph carefully because it requires you to arbitrate disputes with Frontline Refueling and limits the manner in which You can seek relief from us.
You and Frontline Refueling agree to arbitrate any dispute arising from these Terms or Your use of the service, except that You and Frontline Refueling are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
You and Frontline Refueling agree (a) that any arbitration will occur in Covington, LA; and (b) that the state or federal courts of Covington, LA have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
Whether the dispute is heard in arbitration or in court, you and Frontline Refueling will not commence against the other a class action, class arbitration or representative action or proceeding.
Jurisdiction Details
A lawsuit, if any, by You or Frontline Refueling against the other will occur in state or federal court in Covington, LA. You and Frontline Refueling agree that the jurisdiction and venue of these courts is exclusive.
You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Louisiana located in Covington, LA, USA in connection with any such dispute including any claim involving the service.
Cause for Service Termination
If You breach any of these Terms, we have the right to suspend or disable Your access to or use of the service.
Conclusion
These Terms constitute the entire agreement between You and Frontline Refueling regarding the use of the service, superseding any prior agreements between You and Frontline Refueling relating to Your use of the service.