Terms and Conditions
Capital Fuels, LLC. and its affiliates (collectively, “Capital Fuels”) provides all information on this site (together with all content and the underlying source HTML files that implement the hypertext features, collectively this “Site”) exclusively under the following Terms and Conditions and all applicable laws:
1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
1.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to Capital Fuels. In addition, the names, images, pictures, logos and icons identifying Capital Fuels’s products and services are proprietary marks of Capital Fuels and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.
1.2 You are hereby granted a non-exclusive, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Capital Fuels.
1.3 Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
2. LINKS TO THIRD PARTY SITES
3.1 THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND Capital Fuels EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Capital Fuels DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE.
3.2 Capital Fuels disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.
4. LIMITATION OF LIABILITY A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means The Capital Fuels Co., its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.
5. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES
This Site may contain references or cross references to Capital Fuels products and services that are not available in every country.
6. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to this Site shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Texas, and jurisdiction therefore shall rest solely in Ohio, USA.
7. CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and these Terms and Conditions may be changed by Capital Fuels with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.
8. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Any communication or other information sent to Capital Fuels via electronic mail or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by Capital Fuels for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to Capital Fuels.
10. LINKS TO Capital Fuels WEB PAGES
10.1 Capital Fuels permits links to this Site provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of this Site to appear on a user’s computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party, (c) you give Capital Fuels notice of all such links by sending an e-mail to webmaster@Capital Fuels.com, and (d) you discontinue providing links to this Site if notified by Capital Fuels.
10.2 When linking to this Site you may use one or more Capital Fuels logos as a link anchor. To ensure proper usage of Capital Fuels logos, we’ve presented themhere. These logos are trademarks of Capital Fuels and Capital Fuels retains all rights in them. Capital Fuels grants you a limited license to use these logos solely for linking to Capital Fuels web pages as provided above. Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, Capital Fuels does not grant, by implication, estoppels or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on this Site and any other use is strictly prohibited.
11. Message Board, Blogs, & Sharing
Capital Fuels may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Site (collectively, “submit”) messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials (“User Content”). Capital Fuels is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. Capital Fuels does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will Capital Fuels be liable for any loss or damage caused by reliance on the Site, User Content or information or materials obtained through User Content.
You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express permission. You are solely liable for any damages resulting from your failure to obtain consent.
You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.
User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing Your information. You should use discretion when communicating with others or disclosing personal information. Capital Fuels has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available you do so at your own risk.
By submitting User Content, you automatically grant Capital Fuels a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works, from publicly displaying or perform, transmit, publish, and otherwise exploit the User Content, in whole or part as Capital Fuels deems appropriate including, but not limited to, in connection with Capital Fuels’s, or its subsidiaries’ or affiliates’, business.
Capital Fuels has the right, but not the obligation, to monitor the User Content. We reserve the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue the ability to submit User Content in our own discretion.
The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Site including User Content.
12. IF YOU DO NOT AGREE …
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
In consideration of Capital Fuels Retail Operations, LLC (together with its parent companies, subsidiaries and affiliates, collectively referred to as “Capital Fuels”) allowing you to use this website (including its contents and services, the “Site”) and the services provided by and related to the Site, you agree to be bound by the terms and conditions of this Agreement (the “Agreement”). You acknowledge and agree that your use of the site has the same effect as manually signing this agreement with Capital Fuels and creates a valid, binding contract between you and Capital Fuels. Your use of the site constitutes your acceptance of this Agreement. If you do not agree to the terms of this agreement, immediately stop use of this site.
Use of the Site
The Site is the property of Capital Fuels, its licensors, dealers, vendors and contractors. You are granted a non-exclusive, non-transferable limited license to view the Site and to print off copies of any or all of the pages of the Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Without the express written consent of Capital Fuels, you are not allowed (i) to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Site; (ii) to reproduce any part of the Site or mirror any material contained on the Site on any other server; or (iii) to link to or from the Site.
Capital Fuels reserves the right, at its discretion, to refuse access to the Site or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement.
Product and Service Representation
The Site may contain information related to daily fuel prices, Loyalty card, real estate properties for sale, employment opportunities, store specials, store locations and service availability. Capital Fuels makes no warranties or guarantees that such information is accurate or that each service or product will be available at a specific time or at every store location.
Links to Other Websites
Prohibited Use of the Site
As an express condition of your use of the Site, you explicitly agree not to use this Site for any purpose that is unlawful or prohibited by this Agreement. Also, you agree not to use the Site in any way that could damage, disable, overburden, or impair the Site, or interfere with others’ use of it. Furthermore, you agree not to attempt to gain access to Capital Fuels’s computer systems or networks connected to Capital Fuels through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Site.
All software and content included on the Site, including all text, graphics, logos and images, is owned by Capital Fuels or third parties and is protected by United States and international copyright laws. You may view and use the content of the Site in connection with your use of the Site. Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Site is strictly prohibited, except as otherwise specifically set forth herein. You do not acquire ownership rights to any content or other materials viewed on or through the Site. The posting of information or materials on the Site does not constitute a waiver of any rights therein. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been granted written permission to do so by Capital Fuels.
THE SITE IS PROVIDED BY Capital Fuels ON AN “AS IS” “WHEREIS” AND “AS AVAILABLE” BASIS. VISITORS TO THE SITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE. Capital Fuels MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE SITE, THAT THE USE OF THE SITE WILL MEET YOUR REQUIREMENTS/EXPECTATIONS OR THAT THE INFORMATION IS ACCURATE OR RELIABLE. TO THE FULL EXTENT PERMITTED BY LAW, Capital Fuels, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. Capital Fuels MAKES NO WARRANTIES THAT USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Capital Fuels OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
Limitation of Liability
Capital Fuels WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE, THE UNAVAILABILITY OF THE SITE, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF Capital Fuels HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE SITE.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Capital Fuels. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
In order to operate and provide the service, Capital Fuels will need to collect certain information about you. As part of the service, Capital Fuels may also automatically upload information about your computer, your use of the service, and service performance. Capital Fuels uses and protects that information as described in its online privacy statement. In particular, Capital Fuels may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Capital Fuels or its customers, including the enforcement of its agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Capital Fuels employees, customers, or the public.
The service is a private computer network that Capital Fuels operates for the benefit of itself and its customers. Capital Fuels retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of its efforts to protect the service, protect its customers, or stop you from breaching this contract. The technology or other means Capital Fuels uses may hinder or break your use of the service.
You expressly agree that exclusive jurisdiction of any dispute with Capital Fuels, or in any way relating to your use of the Site, resides in the federal or state courts located in Knox County, State of Tennessee and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Capital Fuels or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers. This Agreement shall be governed and construed by the laws of the State of Tennessee, without respect to its conflict of laws principles. BY YOUR USE OF THIS SITE, YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).