Effective date: (January 28, 2020)
These Terms of Service ("Terms") represent a contractual relationship (“Agreement”) between the customer (“User,” “You”) and Tankr, Inc. (“Tankr,” “we,” or “us”) a Delaware Corporation.
By agreeing to the Terms listed in this Agreement, You are agreeing that Tankr has the ability to update, change, add to, or remove any Terms throughout this Agreement as it pertains to allowing Tankr 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 Tankr as a private contractor who delivers fuel to Your vehicle at a calibration rate of 00.00 gallons.
By continuing to use Tankr’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 Tankr, or discontinue Your use of the service.
Creating an 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 Tankr as soon as possible, so we can help resolve the issue in a timely manner.
Through our app or website, we may allow You access to Third Party services, such as creating an account using “social sign-on,” which allows You to use other third-party accounts to sign-up for Tankr’s services. By choosing to do so, You are agreeing to abide by those Third Party Pervices’ Privacy Policies and Terms of service while their services are in use.
Tankr holds no liability or responsibility for the use of these Third Party services, and we encourage You to thoroughly review those services’ terms and policies as well.
Tankr’s Ownership of Materials
Tankr 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. Tankr, Inc. 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.
In no event will Tankr 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 Tankr. 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.
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 Delaware, without regard to conflicts of law principles.
Please read the following paragraph carefully because it requires you to arbitrate disputes with Tankr and limits the manner in which You can seek relief from us.
You and Tankr agree to arbitrate any dispute arising from these Terms or Your use of the service, except that You and Tankr 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 Tankr agree (a) that any arbitration will occur in Tuscaloosa, Alabama; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Tuscaloosa, Alabama 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 Tankr will not commence against the other a class action, class arbitration or representative action or proceeding.
A lawsuit, if any, by You or Tankr against the other will occur in state or federal court in Tuscaloosa, Alabama. You and Tankr 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 Alabama located in Tuscaloosa, AL, USA in connection with any such dispute including any claim involving 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.
These Terms constitute the entire agreement between You and Tankr regarding the use of the service, superseding any prior agreements between You and Tankr relating to Your use of the service.