Terms of Use
Gas Wizards: Terms Of Use
BY USING OR VISITING THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND GAS WIZARDS'S PRIVACY POLICY, WHICH IS PUBLISHED AT http://www.gaswizards.com/policy/. If you do not agree to any of these terms, then please do not use the GAS WIZARDS Websites. |
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I. Eligibility |
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Membership in GAS WIZARDS is void where prohibited. These Sites are intended solely for Users who are sixteen (16) years of age or older, and any registration by, use of or access to the Sites by anyone under 16 is unauthorized, unlicensed and in violation of these Terms of Use. By using GAS WIZARDS or the Sites, you represent and warrant that you are 16 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Sites and/or prohibit you from using or accessing GAS WIZARDS or the Sites (or any portion, aspect or feature of GAS WIZARDS or the Sites) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 16. |
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II. Registration Data; Account Security |
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In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. |
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III. Proprietary Rights in Site Content; Limited License |
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All content on the Web site, including but not limited to designs, text, graphics, pictures, video, information, and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its Users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Sites. Provided that you are eligible for use of the Sites, you are granted a limited license to access and use the Sites. Except for your own User Content, you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Use of any data mining, robots or similar data gathering or extraction methods is strictly prohibited for any purpose. Any use of the Sites or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Sites Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. |
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IV. Trademarks |
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GAS WIZARDS and other Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, servicemarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. |
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V. User Conduct |
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You understand that GAS WIZARDS and the Sites are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through GAS WIZARDS will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from GAS WIZARDS or the Sites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications or any other purpose. Additionally, you agree not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from GAS WIZARDS - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file. You further agree that you may not use GAS WIZARDS or the Sites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites. In addition, you agree not to use GAS WIZARDS or the Sites to:
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VI. User Content Posted on the Sites |
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You are solely responsible for the fuel price information, photos, profiles, messages, notes, text, information, video, and other content that you upload, publish or display (hereinafter, "post") on or through GAS WIZARDS or the Sites, or transmit to or share with other Users (collectively the "User Content"). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. |
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VII. GAS WIZARDS Mobile Services |
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GAS WIZARDS includes certain services that are available via your mobile phone, including (i) the ability to upload content to GAS WIZARDS via your mobile phone (Mobile Price Reports), (ii) the ability to browse GAS WIZARDS websites from your mobile phone (Mobile Web) (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you regarding GAS WIZARDS and its partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. |
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VIII. Copyright Complaints |
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If you believe that any material on the Sites infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below: Contact us. ATTN: Copyright Infringement |
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IX. Links to Other Websites and Content |
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The Sites contains (or you may be sent through the Sites or GAS WIZARDSs) links to other web sites ("Third Party Sites") as well as news articles, photographs, text, graphics, pictures, designs, sound, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Sites or any Third Party Content posted on the Sites, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Sites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites. |
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X. User Disputes |
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You are solely responsible for your interactions with other GAS WIZARDS Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. |
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XI. Privacy |
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Privacy of our users is very important. Click here to view our Privacy Policy. By using the Sites or GAS WIZARDS, you are consenting to have your personal data transferred to and processed in the United States and/or Canada. |
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XII. Disclaimers |
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The Company is not responsible or liable in any manner for any User Content or Third Party Content posted on the Sites or in connection with GAS WIZARDS, whether posted or caused by Users of the Sites or by any of the equipment or programming associated with or utilized in the Sites or GAS WIZARDS. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Sites and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Sites or Service. |
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XIII. Limitation on Liability |
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EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITES OR GAS WIZARDS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR GAS WIZARDS DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR GAS WIZARDS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. |
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XIV. Governing Law; Venue and Jurisdiction |
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By visiting or using the Sites and/or GAS WIZARDS, you agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than exclusively in the state and federal courts of Minnesota, and you hereby consent to, and waive all defenses of lack of personal jurisdiction with respect to, venue and jurisdiction in the state and federal courts of Minnesota. You agree that all disputes are to be held exclusively in Hennepin County in the State of Minnesota. |
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XV. Arbitration |
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YOU AND COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE SITE TERMS, THE SITES AND/OR GAS WIZARDS (INCLUDING YOUR VISIT TO OR USE OF THE SITES AND/OR GAS WIZARDS) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief. |
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XVI. Indemnity |
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You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Sites (including without limitation through the Share Service), your use of GAS WIZARDS or the Sites, your conduct in connection with GAS WIZARDS or the Sites or with other Users of GAS WIZARDS or the Sites, or any violation of this Agreement or of any law or the rights of any third party. |
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XVII. Submissions |
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You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or GAS WIZARDS ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. |
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XVIII. Other |
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These Terms of Use constitute the entire agreement between you and Company regarding the use of the Sites and/or GAS WIZARDS, superseding any prior agreements between you and Company relating to your use of the Sites or GAS WIZARDS. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Sites Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. |