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.

Welcome to GAS WIZARDS gas price information website. The GAS WIZARDS service and the associated network of local websites. By accessing or using our web site at www.GAS WIZARDS.com or any local GAS WIZARDS websites or the mobile version thereof (together the "Sites"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a signed up member of GAS WIZARDS. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of GAS WIZARDS or the Sites after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) GAS WIZARDS or the Sites. It is your responsibility to regularly check the Sites to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

I. Eligibility

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.

II. Registration Data; Account Security

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.

III. Proprietary Rights in Site Content; Limited License

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.

IV. Trademarks

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.

V. User Conduct

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:

VI. User Content Posted on the Sites

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.

By posting User Content to any part of the Sites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Sites or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

VII. GAS WIZARDS Mobile Services

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.

VIII. Copyright Complaints

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.

contact@GasWizards.com

ATTN: Copyright Infringement

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Sites and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

IX. Links to Other Websites and Content

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.

X. User Disputes

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.

XI. Privacy

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.

XII. Disclaimers

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.

Since the fuel prices on the Sites are input by individual users, no guarantees are made in regard to the accuracy of the inputted price, station name, station location, or other user dependent variables. The Company shall have the right to, but not the obligation, to monitor, change or remove any of the site content or information without notice at any time. The Sites or Company shall not be held liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, untimeliness, unauthenticated information, or other defects in the information or content within the website or associated tools and data feeds.

The Sites and GAS WIZARDS may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Sites or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with GAS WIZARDS. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Sites or GAS WIZARDS, any User Content or Third Party Content posted on or through the Sites or GAS WIZARDS or transmitted to Users, or any interactions between Users of the Sites, whether online or offline.

THE SITES, GAS WIZARDS AND THE SITES CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITES AND/OR GAS WIZARDS. THE COMPANY MAKES ATTEMPTS TO ENSURE ACCURACY BUT DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

Company reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

XIII. Limitation on Liability

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.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

XIV. Governing Law; Venue and Jurisdiction

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.

XV. Arbitration

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.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF GAS WIZARDS, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Sites and/or GAS WIZARDS (including your visit to or use of the Sites and/or GAS WIZARDS) be instituted more than three (3) year after the cause of action arose.

XVI. Indemnity

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.

XVII. Submissions

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.

XVIII. Other

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.