Terms of Use
1. FuelGems, Inc. ("FuelGems", "we" or "us") operates this website. By using the Website or the Services, you agree to comply with and be bound by the following terms and conditions (this "Agreement"), which we may change at any time by posting notice on the Website. PLEASE READ THIS AGREEMENT CAREFULLY AND CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE OR THE SERVICES.
2. Conditions on Using the Website and the Services
The Website provides information about FuelGems. The Website are the property of FuelGems. Except as expressly provided below in the case of User Data (as defined below), all the data, information, text, images (including video), designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on or made available through the Website, and any of the foregoing sent to you by e-mail or other means (collectively, the "Site Content") are proprietary to FuelGems or to third parties.
FuelGems authorizes you to access, view, use, download and print the Site Content subject to the following conditions:
a. you may use the Services, and download, access and print the Site Content, only in reasonable limited quantities for your personal, non-commercial use;
b. you may not modify the Site Content;
c. any displays or print outs of the Site Content must be marked "© FuelGems, Inc. All rights reserved."; and
d. you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of FuelGems.
All software used on the Website is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
The marks FUELGEMS and the FuelGems logo may not be used in connection with any service or products other than those provided by FuelGems, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FuelGems. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
You agree, and represent and warrant, that your use of the Website and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the Website, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
3. Your Data
You are solely responsible for all data that you upload or transmit with us through the Website or the Services (collectively, the "User Data"). Do not transmit User Data you do not have permission to send to FuelGems. You are responsible for creating backup copies of any User Data. By providing us with User Data you:
b. Authorize us to make copies as we deem necessary in order to provide you information or newsletters;
a. Give us, and you promise that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license to use your User Data for the purpose of delivering the services;
b. Acknowledge and agree any User Data submitted through the Website will be used in accordance with our PRIVACY POLICY, described below, and that you will not submit User Data containing any sensitive data relating to your race, color, religion, sex, handicap, familial status, or national origin; and
c. Represent and warrant that you own all proprietary rights in your User Data or, with respect to any User Data you do not own, you have the full authority and right to transmit the User Data and to grant the licenses granted hereunder, and that the exercise by FuelGems of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party.
FuelGems is under no obligation to edit or control User Data that you transmit, and will not be in any way responsible or liable for User Data or your use of it. Subject to the rights granted to us in this Agreement, you own all of your User Data and any intellectual property rights associated with your User Data. FuelGems reserves the right, in its sole discretion:
4. Website Policies
In connection with your use of the Website, you agree that you shall comply with any written policies and procedures for the Website and Services published by FuelGems on the Website, which are hereby incorporated into this Agreement.
5. Services Restrictions
You shall not:
a. Submit, post, upload to, distribute or otherwise use, any Data (i) in violation of, or in connection with any violation of, any local, state, national or international laws; (ii) that is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or intended to defraud FuelGems or any third party; (iii) that, in the sole discretion of FuelGems, constitutes "spam"; (iv) that infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; (v) that contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury, loss or damage to the material's readers or others; or (vi) that contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
b. Harvest or otherwise collect any data, information or Site Content from the Website, including by using manual or automated software, devices, or other processes to "crawl", "scrape" or "spider" any page of the Website or Services to copy, obtain, propagate, distribute or misappropriate any Data; or
c. Engage in any other conduct that interferes with the Website, Site Content, or Services or that restricts or inhibits any other person from using or enjoying the same, or which, in FuelGems's sole judgment, exposes FuelGems or any of its officers, directors, employees or agents to any liability or detriment of any type.
6. Links To Third Party Websites
The Website may contain links to third-party websites or applications and our Services may include third-party content that we do not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party websites or applications, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites or applications.
7. Ideas Submitted to FuelGems
In the event that you submit ideas or suggestions for the Website, Site Content ("Comments"), the Comments will be deemed, and will remain, the sole property of FuelGems. None of the Comments will be subject to any obligation of confidence on the part of FuelGems, and FuelGems will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, FuelGems will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
8. Warranty Disclaimers, Limitation of Liability
a. If the person entering and/or signing this Agreement is doing so for the purpose of obtaining any Services on behalf of an organization, such person hereby represents and warrants that he/she has the authority to bind such organization to this Agreement. Each party represents and warrants that: (a) it has all right, power and authority to enter into and perform this Agreement; (b) the execution of this Agreement and performance of this Agreement will not violate any other agreement to which it is a party; (c) this Agreement constitutes the legal, valid and binding obligation of such party; and (d) it shall perform this Agreement in accordance with all applicable laws. No advice or information, whether oral or written, obtained by you from FuelGems, or through the Services, the Website or Site Content will create any warranty not expressly stated herein.
b. If you are a paying FuelGems subscriber, FuelGems warrants that the Services will materially perform the functions described for them on the Website, provided, however, the foregoing warranty shall not apply to the extent that any problem with the Services is caused by any act or omission by you. Your sole and exclusive remedy, and FuelGems's sole and exclusive liability, with respect to any breach of this warranty shall be that FuelGems shall remedy the non-conformance upon receipt of written notice from you detailing such non-conformance or if FuelGems is unable to do so, FuelGems will refund a portion of the Fees you paid for the nonconforming Services during the period of non-conformance.
c. If you are not a paying FuelGems subscriber, you use the Services, the Site Content and the Website at our own risk, and you acknowledge that you are responsible for verifying and confirming the quality, performance, accuracy and reliability of the Site Content and Services and of any data obtained by you from the Site Content or Services.
d. EXCEPT AS SET FORTH IN THE PRECEDING CLAUSE 9.b., THE WEBSITE AND SITE CONTENT ARE PROVIDED IN "AS IS" CONDITION, AND FUELGEMS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (1) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (2) THAT THE SERVICES, WEBSITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (3) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE SITE CONTENT; AND (4) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR THE SITE CONTENT.
e. No advice or information, whether oral or written, obtained by you from FuelGems, or through the Services, the Website or Site Content will create any warranty not expressly stated herein.
f. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM FUELGEMS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE USE OF THE WEBSITE OR SITE CONTENT;
g. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. Release; Indemnification
YOU AGREE TO INDEMNIFY AND HOLD FUELGEMS (AND EACH OF OUR OFFICERS, DIRECTORS, AND EMPLOYEES) HARMLESS FROM ANY THIRD-PARTY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ALLEGING FACTS OR CIRCUMSTANCES THAT, IF TRUE, COULD CONSTITUTE YOUR BREACH OF ANY OF THESE TERMS. WE WILL CONTROL ANY SUCH DEFENSE AND RELATED SETTLEMENT AND YOU AGREE TO REASONABLY ASSIST US THEREWITH AT YOUR EXPENSE.
10. Privacy Policy
FuelGems operates the Website and the Services under the PRIVACY POLICY, which forms part of these Terms and Conditions. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.
11. Applicable Law and Jurisdiction; Compliance
The Website and Services are operated by FuelGems from the United States, and FuelGems does not represent or warrant that use of the Website is lawful in other jurisdictions. All matters arising from or relating to this Agreement, the Website or to the use and operation of the Services shall be governed by the substantive laws of the State of Texas, without regard to its conflicts of laws principles. Without derogation of the obligation to arbitrate set forth in Section 13 below, you and we agree to submit to the personal jurisdiction of the state and federal courts located in Austin, Texas. The Uniform Computer Information Transactions Act shall not apply to this Agreement. If you gain access to the Services from locations outside the United States, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
12. Arbitration and Dispute Resolution.
All disputes arising out of or relating to this Agreement, the Website or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the "Arbitrator") in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") then in effect (for information on the AAA and its rules, see www.adr.org.) and the further procedures set forth herein, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration shall be conducted in Austin, Texas, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to this Agreement, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. FuelGems does not hereby waive any defense that such jurisdiction may be lacking in your state. Without derogation of the parties' obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to this Agreement, the Website or the Services shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting Austin, Texas except that, following confirmation of an arbitration award in a state or federal court in Austin, Texas, a judgment arising therefrom may be executed in any court of competent jurisdiction.
13. Modifications
This version of this Agreement became effective on March 28, 2024 and amends, restates and replaces any version effective prior to such date. We reserve the right, in our sole discretion, to modify this Agreement, in whole or in part, at any time, with or without your consent. Notification of any amendment will be posted on the Website and will be effective immediately. You are under an obligation to review the current version of this Agreement and other FuelGems policies before using the Website or the Services. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
14. Miscellaneous Provisions
No delay or omission by FuelGems in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by FuelGems of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and FuelGems regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
15. Digital Millennium Copyright Act
FuelGems complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Website you may contact our Designated Agent at the following address:
FuelGems, Inc. Privacy Officer, 301 Congress Ave. #2200, Austin, TX 78701, USA, email: team@FuelGems.com
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Services;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter Notices
If material that you have posted to the Website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
a. a physical or electronic signature of the subscriber;
b. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which FuelGems may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
2. Conditions on Using the Website and the Services
The Website provides information about FuelGems. The Website are the property of FuelGems. Except as expressly provided below in the case of User Data (as defined below), all the data, information, text, images (including video), designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on or made available through the Website, and any of the foregoing sent to you by e-mail or other means (collectively, the "Site Content") are proprietary to FuelGems or to third parties.
FuelGems authorizes you to access, view, use, download and print the Site Content subject to the following conditions:
a. you may use the Services, and download, access and print the Site Content, only in reasonable limited quantities for your personal, non-commercial use;
b. you may not modify the Site Content;
c. any displays or print outs of the Site Content must be marked "© FuelGems, Inc. All rights reserved."; and
d. you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of FuelGems.
All software used on the Website is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.
The marks FUELGEMS and the FuelGems logo may not be used in connection with any service or products other than those provided by FuelGems, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FuelGems. Any use of such marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.
You agree, and represent and warrant, that your use of the Website and the Site Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the Website, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
3. Your Data
You are solely responsible for all data that you upload or transmit with us through the Website or the Services (collectively, the "User Data"). Do not transmit User Data you do not have permission to send to FuelGems. You are responsible for creating backup copies of any User Data. By providing us with User Data you:
b. Authorize us to make copies as we deem necessary in order to provide you information or newsletters;
a. Give us, and you promise that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license to use your User Data for the purpose of delivering the services;
b. Acknowledge and agree any User Data submitted through the Website will be used in accordance with our PRIVACY POLICY, described below, and that you will not submit User Data containing any sensitive data relating to your race, color, religion, sex, handicap, familial status, or national origin; and
c. Represent and warrant that you own all proprietary rights in your User Data or, with respect to any User Data you do not own, you have the full authority and right to transmit the User Data and to grant the licenses granted hereunder, and that the exercise by FuelGems of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party.
FuelGems is under no obligation to edit or control User Data that you transmit, and will not be in any way responsible or liable for User Data or your use of it. Subject to the rights granted to us in this Agreement, you own all of your User Data and any intellectual property rights associated with your User Data. FuelGems reserves the right, in its sole discretion:
4. Website Policies
In connection with your use of the Website, you agree that you shall comply with any written policies and procedures for the Website and Services published by FuelGems on the Website, which are hereby incorporated into this Agreement.
5. Services Restrictions
You shall not:
a. Submit, post, upload to, distribute or otherwise use, any Data (i) in violation of, or in connection with any violation of, any local, state, national or international laws; (ii) that is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or intended to defraud FuelGems or any third party; (iii) that, in the sole discretion of FuelGems, constitutes "spam"; (iv) that infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; (v) that contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury, loss or damage to the material's readers or others; or (vi) that contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
b. Harvest or otherwise collect any data, information or Site Content from the Website, including by using manual or automated software, devices, or other processes to "crawl", "scrape" or "spider" any page of the Website or Services to copy, obtain, propagate, distribute or misappropriate any Data; or
c. Engage in any other conduct that interferes with the Website, Site Content, or Services or that restricts or inhibits any other person from using or enjoying the same, or which, in FuelGems's sole judgment, exposes FuelGems or any of its officers, directors, employees or agents to any liability or detriment of any type.
6. Links To Third Party Websites
The Website may contain links to third-party websites or applications and our Services may include third-party content that we do not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party websites or applications, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites or applications.
7. Ideas Submitted to FuelGems
In the event that you submit ideas or suggestions for the Website, Site Content ("Comments"), the Comments will be deemed, and will remain, the sole property of FuelGems. None of the Comments will be subject to any obligation of confidence on the part of FuelGems, and FuelGems will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, FuelGems will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
8. Warranty Disclaimers, Limitation of Liability
a. If the person entering and/or signing this Agreement is doing so for the purpose of obtaining any Services on behalf of an organization, such person hereby represents and warrants that he/she has the authority to bind such organization to this Agreement. Each party represents and warrants that: (a) it has all right, power and authority to enter into and perform this Agreement; (b) the execution of this Agreement and performance of this Agreement will not violate any other agreement to which it is a party; (c) this Agreement constitutes the legal, valid and binding obligation of such party; and (d) it shall perform this Agreement in accordance with all applicable laws. No advice or information, whether oral or written, obtained by you from FuelGems, or through the Services, the Website or Site Content will create any warranty not expressly stated herein.
b. If you are a paying FuelGems subscriber, FuelGems warrants that the Services will materially perform the functions described for them on the Website, provided, however, the foregoing warranty shall not apply to the extent that any problem with the Services is caused by any act or omission by you. Your sole and exclusive remedy, and FuelGems's sole and exclusive liability, with respect to any breach of this warranty shall be that FuelGems shall remedy the non-conformance upon receipt of written notice from you detailing such non-conformance or if FuelGems is unable to do so, FuelGems will refund a portion of the Fees you paid for the nonconforming Services during the period of non-conformance.
c. If you are not a paying FuelGems subscriber, you use the Services, the Site Content and the Website at our own risk, and you acknowledge that you are responsible for verifying and confirming the quality, performance, accuracy and reliability of the Site Content and Services and of any data obtained by you from the Site Content or Services.
d. EXCEPT AS SET FORTH IN THE PRECEDING CLAUSE 9.b., THE WEBSITE AND SITE CONTENT ARE PROVIDED IN "AS IS" CONDITION, AND FUELGEMS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (1) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (2) THAT THE SERVICES, WEBSITE AND THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (3) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE SITE CONTENT; AND (4) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR THE SITE CONTENT.
e. No advice or information, whether oral or written, obtained by you from FuelGems, or through the Services, the Website or Site Content will create any warranty not expressly stated herein.
f. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM FUELGEMS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE USE OF THE WEBSITE OR SITE CONTENT;
g. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. Release; Indemnification
YOU AGREE TO INDEMNIFY AND HOLD FUELGEMS (AND EACH OF OUR OFFICERS, DIRECTORS, AND EMPLOYEES) HARMLESS FROM ANY THIRD-PARTY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ALLEGING FACTS OR CIRCUMSTANCES THAT, IF TRUE, COULD CONSTITUTE YOUR BREACH OF ANY OF THESE TERMS. WE WILL CONTROL ANY SUCH DEFENSE AND RELATED SETTLEMENT AND YOU AGREE TO REASONABLY ASSIST US THEREWITH AT YOUR EXPENSE.
10. Privacy Policy
FuelGems operates the Website and the Services under the PRIVACY POLICY, which forms part of these Terms and Conditions. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.
11. Applicable Law and Jurisdiction; Compliance
The Website and Services are operated by FuelGems from the United States, and FuelGems does not represent or warrant that use of the Website is lawful in other jurisdictions. All matters arising from or relating to this Agreement, the Website or to the use and operation of the Services shall be governed by the substantive laws of the State of Texas, without regard to its conflicts of laws principles. Without derogation of the obligation to arbitrate set forth in Section 13 below, you and we agree to submit to the personal jurisdiction of the state and federal courts located in Austin, Texas. The Uniform Computer Information Transactions Act shall not apply to this Agreement. If you gain access to the Services from locations outside the United States, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
12. Arbitration and Dispute Resolution.
All disputes arising out of or relating to this Agreement, the Website or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the "Arbitrator") in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") then in effect (for information on the AAA and its rules, see www.adr.org.) and the further procedures set forth herein, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration shall be conducted in Austin, Texas, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to this Agreement, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. FuelGems does not hereby waive any defense that such jurisdiction may be lacking in your state. Without derogation of the parties' obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to this Agreement, the Website or the Services shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting Austin, Texas except that, following confirmation of an arbitration award in a state or federal court in Austin, Texas, a judgment arising therefrom may be executed in any court of competent jurisdiction.
13. Modifications
This version of this Agreement became effective on March 28, 2024 and amends, restates and replaces any version effective prior to such date. We reserve the right, in our sole discretion, to modify this Agreement, in whole or in part, at any time, with or without your consent. Notification of any amendment will be posted on the Website and will be effective immediately. You are under an obligation to review the current version of this Agreement and other FuelGems policies before using the Website or the Services. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
14. Miscellaneous Provisions
No delay or omission by FuelGems in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by FuelGems of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and FuelGems regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
15. Digital Millennium Copyright Act
FuelGems complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Website you may contact our Designated Agent at the following address:
FuelGems, Inc. Privacy Officer, 301 Congress Ave. #2200, Austin, TX 78701, USA, email: team@FuelGems.com
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Services;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter Notices
If material that you have posted to the Website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
a. a physical or electronic signature of the subscriber;
b. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which FuelGems may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
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301 CONGRESS AVE #2200,
AUSTIN, TX 78701
AUSTIN, TX 78701
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FORWARD-LOOKING STATEMENTS
The offering materials may contain forward-looking statements and information relating to, among other things, the company, its business plan and strategy, and its industry. These forward-looking statements are based on the beliefs of, assumptions made by, and information currently available to the company's management. When used in the offering materials, the words “estimate", “project", “believe", “anticipate", “intend", “expect" and similar expressions are intended to identify forward-looking statements. These statements reflect management's current views with respect to future events and are subject to risks and uncertainties that could cause the company's actual results to differ materially from those contained in the forward-looking statements. Investors are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. The company does not undertake any obligation to revise or update these forward-looking statements to reflect events or circumstances after such date or to reflect the occurrence of unanticipated events.
The offering materials may contain forward-looking statements and information relating to, among other things, the company, its business plan and strategy, and its industry. These forward-looking statements are based on the beliefs of, assumptions made by, and information currently available to the company's management. When used in the offering materials, the words “estimate", “project", “believe", “anticipate", “intend", “expect" and similar expressions are intended to identify forward-looking statements. These statements reflect management's current views with respect to future events and are subject to risks and uncertainties that could cause the company's actual results to differ materially from those contained in the forward-looking statements. Investors are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. The company does not undertake any obligation to revise or update these forward-looking statements to reflect events or circumstances after such date or to reflect the occurrence of unanticipated events.