Gas 2 You, LLC Terms of Service
February 16, 2022
This is a contract (“Agreement”) between “You” or “Your” and Gas 2 You, LLC., a Louisiana Limited Liability Company, hereafter referred to as “We”, “Us”, “Our”, “Services”, or “Gas 2 You”.
Your access and use of the Services constitute your agreement to be bound by this Agreement, which establishes a contractual relationship between You and Gas 2 You. If You do not agree to any of the terms of this Agreement, You may not access or use the Services. This Agreement expressly supersedes any prior agreements or arrangements made between You and Us. Gas 2 You may immediately terminate these Terms or any Services with respect to You, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason
Supplemental Terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such Supplemental Terms will be disclosed to You in connection with the applicable Services. Supplemental Terms are in addition to, and shall be deemed a part of, the Agreement for the applicable Services. Supplemental Terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
Gas 2 You reserves the right to amend the terms related to the Services at any time. Amendments will become effective upon the publication of an amended Agreement. From time to time, the Agreement may change. Gas 2 You will notify You by revising the date at the top of the Agreement, if and when amendments are made. It is the sole responsibility of You to check these Terms for changes.
Your continued access or use of the Services after such amendments, constitutes Your consent to be bound by the amended Agreement. If You do not agree with the amended Agreement, do not use the Services. If there is a conflict between current Terms and amended Terms, the amended Terms will control for that conflict. If a particular Term is not enforceable, this will not affect any other Terms.
Services and Accounts
Gas 2 You will provide you a mobile application for scheduling and paying for Services, to include vehicle fuel delivery, and other vehicle maintenance related Services.
In order to use most aspects of the Services, You must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in Your jurisdiction, to obtain an Account. Account registration requires You to submit to Gas 2 You certain personal information, such as Your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method (either a credit card or accepted payment partner). Multiple vehicles can belong to one Account. You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services, or Gas 2 You’s termination of this Agreement with You. You are responsible for all activity that occurs under Your Account, and You agree to maintain the security of Your Account username and password at all times and accept all risks of unauthorized access to any data or other information You provide to Us. Unless otherwise permitted by Gas 2 You in writing, You may only have one Account.
You agree to allow Gas 2 You to collect Your precise geolocation. We collect this geolocation for the purpose of improving Your user experience. You may disable Your geolocation, but be advised this may impact Services from Gas 2 You to You. We will not disclose Your geolocation to any third parties without Your consent.
Payments, Charges, and Cancellations
Gas 2 You reserves the right to round up or down to the nearest cent when determining charges for the Services. Pricing for membership, service charges, and services are subject to change without notice.
Gas 2 You may, at its sole discretion, elect to not fill a requested vehicle if We deem it unsafe to do so, or if fueling the vehicle would violate an applicable law, code, standard, or procedure. In such an event, the request may be cancelled by Gas 2 You, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by Gas 2 You, no payment will be charged. The Account holder will be notified.
You agree that by selecting a time slot when booking Services, You are guaranteeing that Your vehicle will remain in the selected location for the complete duration of the time slot selected. Once the time slot has begun, You can no longer cancel or modify Your Service. If, for any reason, You must move your vehicle, please contact Gas 2 You via the "Call" or "Chat" function in the App. Gas 2 You reserves the right to charge any Service fee in such instances. When booking Services, You must acknowlege leaving Your vehicle's gas door popped (if vehicle is equipped with a locking gas door). Gas 2 You reserves the right to charge any Service fee if vehicle gas door is closed and locked upon arriving at the Service location.
You are responsible for all fees and costs associated with your use of Our Services. We are responsible for communicating those fees and costs to You clearly and accurately. Gas 2 You, at its sole discretion, reserves the right to create, modify, and remove charges for any or all services or goods obtained through the use of the Services. We may from time to time provide certain users with promo codes and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that such promo codes and discounts, unless also made available to You, shall have no bearing on Your use of the Services or the Charges applied to You. You may elect to cancel Your request for Services at any time prior to provision of the Services, in which case You may be charged a cancellation fee. If a modification or cancellation of Services is necessary, We will notify You of this.
You understand that use of the Services may result in charges to You for the services or goods You receive from Gas 2 You. Charges will be inclusive of applicable taxes where required by law. Charges paid by You are final and non-refundable, unless otherwise determined by Us. All Charges are due immediately and payment will be facilitated by Gas 2 You using the preferred payment method designated in Your Account. If Your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, You agree that We may use the secondary payment method from Your Account, if available. You agree that Gas 2 You will send you a receipt by your choice of email or text message, and/or through the application. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law. If requested before the transaction, Gas 2 You can provide a paper copy of the certified meter reciept.
At any time, and for any reason, We may provide a refund, discount, or other consideration to some or all of Our members. The amount and form of such, and the decision to provide, are at Our sole and absolute discretion. The provision of credits does not entitle You to credits in the future for similar instances, nor does it obligate Us to provide credits in the future, under any circumstance.
Memberships will be billed and drafted automatically, for a revolving 30 day month, on the original date of sign up, of each month. Yearly memberships will be billed and drafted automatically, for a revolving 365 day year, on the original date of sign up, each year. You can cancel your Gas 2 You membership at any time. Payments are nonrefundable and there are no refunds or credits for partially used periods. Gas 2 You reserves the right to not provide Services on nationally recognized holidays.
Gas 2 You Property and Data
Unless We expressly state otherwise, 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. Subject to Your compliance with this Agreement, We grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on Your personal device solely in connection with Your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal and noncommercial use. Any rights not expressly granted herein are hereby reserved for Gas 2 You, LLC.
You may not authorize third parties to use Your Account. You may not assign or otherwise transfer Your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and You may only use the Services for lawful purposes. You will not use the Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to Gas 2 You or any other party. In certain scenarios, such as a natural disaster, Gas 2 You’s mobile refueling service can only be used when there is an emergency fuel need. You may be asked to provide proof of identity to access or use the Services, and You agree that You may be denied access to use the Services if You refuse to provide proof of identity.
Third- Party Services
YOU USE THE GAS 2 YOU SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, GAS 2 YOU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GAS 2 YOU DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR SAFETY OF FUELS PROVIDED TO YOU. YOU AGREE THAT, ON OCCASION, THERE MAY BE INSTANCES WHERE YOU RECEIVE NO GREATER THAN 2.50 GALLONS, PER MANUCATURER ESTIMATES, OF RESIDUAL FUEL REMAINING IN THE HOSE FROM THE PREVIOUS CUSTOMER’S TRANSACTION. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
GAS 2 YOU SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF GAS 2 YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. GAS 2 YOU SHALL NOT BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, OR OTHER INJURIES RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IN ADDITION, GAS 2 YOU IS NOT LIABLE FOR ANY OTHER INTANGIBLE LOSSES RESULTING FROM:
THE USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO USE THE SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO GAS 2 YOU’S SERVICES.
GAS 2 YOU SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF, OR RELATING TO, ANY OF THE FOLLOWING, REGARDLESS OF WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE:
LEAVING THE GAS TANK DOOR OR HOOD OPEN — YOU AGREE THAT YOU LEAVE THE GAS TANK DOOR OR HOOD TO YOUR VEHICLE OPEN AT YOUR OWN RISK, AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM LEAVING YOUR GAS TANK DOOR OR HOOD OPEN.
ANY SIPHONING OF GASOLINE FROM YOUR VEHICLE.
ACCESS BY ANY THIRD PARTY TO ANY AREA WITHIN WHICH YOUR VEHICLE IS LOCATED, WHETHER OR NOT YOU HAVE GIVEN US ANY KEY, PIN OR PASSCODE TO ALLOW US ACCESS TO SUCH AREA.
ANY SPILLAGE OF GASOLINE, WHETHER OR NOT RELATED TO OUR SERVICES.
GAS 2 YOU ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILURE IN PERFORMANCE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY OTHER INJURY RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You are responsible for Your use of the Services, and You will indemnify and hold Gas 2 You and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents harmless, from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:
Your access to, use of, or alleged use of, the Services or services or goods obtained through Your use of the Services;
Your breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
Gas 2 You’s use of Your User Content;
Your violation of the rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or
any dispute or issue between You and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations with respect to that matter), and in that case, You agree to cooperate with our defense of that claim.
Governing Law and Jurisdiction
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 Louisiana, without regard to conflicts of law principles. A lawsuit, if any, by you or Gas 2 You, LLC, against the other will occur in state or federal court in Alexandria, Louisiana. You and Gas 2 You, LLC. 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 Louisiana located in Alexandria, LA, USA in connection with any such dispute including any claim involving Service.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GAS 2 YOU, LLC. AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and Gas2 You, LLC. agree to arbitrate any dispute arising from these Terms or Your use of the Service, except that You and Gas 2 You, LLC. 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. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Gas 2 You, LLC. agree (a) that any arbitration will occur in Alexandria, LA; (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 Alexandria, LA 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 GAS 2 YOU, LLC. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
If you have any question about these Terms of Service or the practices of Gas 2 You, please feel free to contact Us via email at firstname.lastname@example.org or you can write us at:
Gas 2 You, LLC., PO Box 386 Forest Hill, LA 71430