PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO THESE TERMS OF SERVICE.
FEWLR TERMS OF SERVICE
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION SECTION.
Last Updated: June 2023
Fewlr L.L.C. (“Fewlr”, “we” “our” or “us”) is a customer service platform that allows heating fuel consumers to order and purchase heating fuel from heating fuel dealers at competitive prices. The platform is available through our website, www.fewlr.com (the “Site”), and our mobile application (the “App”). Through the Site and the App, we provide a network that connects you to heating fuel dealers that will sell and deliver heating fuel to your property (the “Fuel Connection Services”) and provide customer service and support related to the Fuel Connection Services (the “Customer Support Services”, and together with the Site, the App, and the Fuel Connection Services, the “Services”).
PLEASE READ THE FOLLOWING TERMS VERY CAREFULLY. IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS, DO NOT DOWNLOAD, INSTALL, OR IN ANY WAY ACCESS OR USE SERVICES. BY DOWNLOADING, INSTALLING OR ACCESSING AND USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO AGREE AND ACCEPT THESE TERMS AND AGREE WITH AND ACCEPT ALL OF THE FOLLOWING TERMS. These Terms (combined with Privacy Policy and other user agreements in some cases) constitute a binding legal agreement between you and Fewlr.
Fewlr has its principal place of business at 1 Technology Dr., Tolland, CT 06084. Fewlr customer support is available on the by calling 1-800-805-6244 or emailing us at hmuhlhauser@fewlr.com
Please read these Terms closely because they contain important information about a class action waiver, and an arbitration provision, requiring you to arbitrate any claims you may have against Fewlr on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
If you do not agree with these Terms, please do not download, access, or use our Services.
GENERAL
The term “you,” as used in these Terms, includes any person or entity who downloads the App, uses the Services, or creates an account. You are responsible for your own actions in connection with the Services, and if you have authorized any additional users, you agree to be fully responsible for all actions taken by authorized users relating to the Services and account. As a result, you should authorize only those individuals that you trust to access your account and the Services. Fewlr shall have no liability for any incorrect, excessive, or mistaken order of heating fuel resulting from any authorized users’ use of your Fewlr account.
You must be at least 18 years old (or equivalent minimum age in the jurisdiction where you reside) to use the Services. By entering into these Terms, you represent that you are of legal age to enter into a binding agreement. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of that organization or entity and to bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).
GEOGRAPHIC RESTRICTIONS
Fewlr is located the state of Connecticut in the United States. We provide the Site and App for use only by persons in the United States. We recognize that the Site and the App may be accessible from anywhere in the world. However, because of the nature of the Fuel Connection Services, use of the Services is restricted to specific areas (the “Service Area”) within the United States where we have agreements with heating fuel suppliers (the “Fewlr Authorized Suppliers”).
When you create your Fewlr account, you will be asked to enter the address of where heating fuel is to be delivered. If your address is not within the Service Area, you will be able to set up an account, but you will not be able to order heating fuel or otherwise make any purchases within your Fewlr account.
The Service Area is always being updated. If you would like to be notified of when your address is within the Service Area, you can provide your contact information via our Site or update your Fewlr account to indicate you would like to receive such notices. Please note that you can opt-out at anytime from receiving notifications from us via updating your preferences in your Fewlr account, clicking an “unsubscribe” link in an email (as applicable), or contacting us directly at 1-800-805-6244.
CHANGES TO THESE TERMS AND OUR SERVICES
Except as set forth in the Dispute Resolution section, Fewlr may modify, update or supplement these Terms at any time by making the updated Terms available through a link in the App and on our Site: www.fewlr.com/terms-of-service/ . By continuing to use the Services after such changes, you are expressing your acknowledgement and acceptance of the changes and agreement to be bound by such terms. In the event of any error, omission, or other discrepancies between these Terms, including any amendments thereto, and the Terms made publicly available by Fewlr on our Site, the terms of the latter shall prevail. You may not modify these Terms by making or attempting to make any changes for any purpose. Please check these Terms periodically for updates.
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services; we may introduce new features or impose limits on certain features; or we may restrict access to parts or all of the App or the Site. These Terms will govern any updates and upgrades provided by Fewlr that replace and/or supplement prior versions of the Services, unless such upgrade is accompanied by new or additional Terms in which case those Terms will govern, as applicable.
Fewlr is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. You agree not to hold us liable for any losses you may experience as a result of our suspension of your Services or termination of this Agreement for any reason.
PRIVACY POLICY
Fewlr’s Privacy Policy regarding the collection and use of your personal information collected through our Services can be found via a link in the Site or App, or in the “Settings” in your account and at the Privacy Policy page on the Site at www.fewlr.com/privacy-policy/ . These Terms incorporate the Privacy Policy, and make up part of the agreement to use the Services.
INTELLECTUAL PROPERTY
All right, title and interest in the Services and our content provided through the Services (including without limitation information, documents, logos, graphics, designs and images) are owned by Fewlr, its licensors, or designated third parties and nothing on or in the Services shall be construed as conferring any license under any intellectual property right, whether by estoppel, implication, or otherwise. Except as otherwise noted, Fewlr is the owner of all worldwide copyright, trade secrets, trademarks, patents, and service marks on or in the Services. These Terms do not grant you any license or right to use any copyright, patent, trade secrets, trademark or other intellectual property of Fewlr or any third party. You acknowledge that these Terms are an agreement between Fewlr and you only, and not with any other entity.
a. Scope of License to You. The Terms permit you to use the App and the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the App and Site, except as follows:
- Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site or App for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- You may download a single copy of the App to your mobile device solely for your own personal, non-commercial use.
- You may share a URL from the Site with others.
b. Restrictions on Your Use. You may not: (i) rent, lease, lend, sell, assign, distribute, redistribute, republish, download, display, sublicense, transmit, host, outsource, disclose, or post or otherwise commercially exploit or make available to any third party the App or Site or any parts thereof; (ii) copy, decompile, reverse engineer, disassemble, or attempt to derive or discover the source code, object code, underlying structure, ideas or algorithms of the App or Site, or any documentation pertaining to the App or Site; (iii) access the App or Site in order to build a similar or competitive service, software or product; (iv) modify, translate or create derivative works of the App or Site, any updates, or any parts thereof; (v) use the Services in any manner: (1) that violates any applicable laws, regulations or any provision of these Terms; or (2) to harass, abuse, stalk, threaten, libel, defame or otherwise infringe or violate the rights of any other party; (vi) overburden, disrupt or harm the App or Site or the systems, servers, or networks of Fewlr, its affiliates, contractors, agents, subsidiaries, suppliers, or licensors in any unauthorized way including but not limited to uploading, transmitting or distributing any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the App, the Services, or any other system, device or property; (vii) interfere with, disrupt or attempt to gain unauthorized access to the servers or networks connected to the App or the Site or violate the regulations, policies or procedures of such networks; (viii) access (or attempt to access) any of the App and the Site by means other than through the interface that is provided by Fewlr; and, (ix) remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the App or the Site. Any future release, update or other addition to functionality of the App or Site shall be subject to these Terms, unless otherwise indicated at the time of release. If you breach the restrictions noted in this section, this Agreement shall terminate immediately without releasing you of any liability associated with such breach. Fewlr and its licensors reserve the right to change, suspend, remove, or disable access to the Products or Services or to any features or portions of the Products or Services at any time, for any reason (including for any violation by you of these Terms) and without notice. Fewlr may also impose limits on the use of or access to the Products and certain Services, in any case and without notice or liability. In no event will Fewlr be liable for the removal or disabling of access to, or the limitation on the use of or access to, the Products or Services.
c. Feedback. Fewlr generally does not accept or consider any unsolicited creative ideas, suggestions or other materials related to our Services, or marketing. However, should you choose to disclose or offer to us by or through our Site, the App, or the Services any of your feedback, suggestions or other ideas regarding our Services (“communications”), including e-mails to Fewlr, such communications shall be deemed voluntary, gratuitous, unsolicited and without restriction and does not place Fewlr under any fiduciary or other obligation to you and shall remain the property of Fewlr. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. Fewlr is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing our Services using such communications. By submitting communications to us through our Site, our App, via e-mail, or by any means, you hereby RELEASE Fewlr from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to Fewlr, you hereby grant Fewlr, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you. You also agree that Fewlr does not waive any rights to use similar or related ideas previously known to Fewlr, developed by its employees or obtained from other sources.
USER IDS AND PASSWORDS
You must sign up for an account and select a password and user name (“User ID”). You agree to provide us with timely accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use or another person’s name with the intent to impersonate that person. Also, you agree not to share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account. You agree to use passwords that use a combination of upper- and lower-case letters, numbers and symbols with your account and to maintain your password securely to prevent others from gaining access. You agree to immediately notify Fewlr of any unauthorized use or suspected unauthorized use of your account, or any other breach of security. Fewlr is not liable for any loss or damage arising from your failure to comply with the above requirements.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you represent, covenant, and warrant that you will use the Services only in compliance with the terms and conditions of these Terms, related agreements, and all applicable laws and regulations (including but not limited to policies and laws related to intellectual property, consumer protection, libel or defamation). You agree to indemnify, defend, and hold completely harmless Fewlr, its principals, shareholders, officers, employees, affiliates, contractors, agents, subsidiaries, suppliers, and licensors (collectively, the “Fewlr Parties”) against any and all claims, damages, losses, liabilities, settlements, judgments, assessments, fines, penalties, costs and expenses (including reasonable attorney fees) in connection with any claim or action that arises from or related to: 1) a violation of these Terms by you, an authorized user, or any unauthorized user who accesses your account on your behalf; 2) the use or misuse of the Services in violation of these Terms by you, an authorized User, or any other unauthorized user who accesses your account on your behalf; 3) communications you or your authorized user or anyone impersonating you provide; or, 4) you, your authorized user, or any unauthorized user who accesses your account on your behalf, violation of any law or the rights of any third party. This indemnification shall apply even if such actions arise from our negligence, breach of these Terms, strict liability, non-compliance with any applicable law or regulation or other fault.
CONSENT TO USE OF DATA
You agree that Fewlr may collect and use any data or information associated with your use of the Services, including but not limited to, technical information about your device, system and application software, and peripherals, and the utilization of those things, that may be gathered periodically to, among other things, facilitate the provision to you of software updates, product support and other services (if any) related to the Services. Fewlr may use this information in any manner, provided it is in compliance with applicable laws, including: (i) making aggregated and anonymous data information publicly available, (ii) for creating, improving and modifying Fewlr’s products, product software, applications and services; (iii) for purposes of data gathering, analysis, Services enhancement and marketing; and (iv) to the extent and in the manner required by applicable law. To the extent your device, system or software applications, or peripherals are connected or interconnected to any third-party device, system or software application, or peripheral, the terms and conditions of such third party apply. Any personal information accessed, collected, stored or processed by Fewlr by the Services will be in accordance with the terms of the Privacy Policy.
FUEL CONNECTION SERVICES; CUSTOMER SUPPORT SERVICES
Your access and use of the Site and App is free. In-Site and In-App purchases of heating fuel through the Fuel Connection Services are available. Fewlr, through its Fuel Connection Services, provides a platform that allows you to purchase heating fuel for your property. To take advantage of the Fuel Connection Services you must provide: (1) the address of the property for which heating fuel is to be delivered by a Fewlr Authorized Supplier; (2) information on the type and amount of heating fuel you require; (3) information on when you need the heating fuel delivered; (4) consent for Fewlr to provide the address, fuel type, fuel amount and delivery timing to a Fewlr Authorized Supplier; and (5) your payment information (collectively the “Fuel Information”).
If you are unwilling or unable to provide any of the Fuel Information, you will be unable to use the Fuel Purchasing Services.
BY USING THE FUEL CONNECTION SERVICES, YOU REPRESENT AND WARRANT TO FEWLR AND THE FEWLR AUTHORIZED SUPPLIER THAT YOU HAVE THE RIGHT TO ORDER HEATING FUEL FOR THE PROPERTY INDICATED IN YOUR ORDER AND THAT THE FUEL TANK AT THE PROPERTY IS IN GOOD WORKING CONDITION.
Ordering Heating Fuel
You can place an order for heating fuel through the App or the Site. The order must provide the Fuel Information. To facilitate delivery of the heating fuel, you may choose to upload pictures of your property (e.g., a street view) and the delivery site (e.g., the fuel inlet). Uploaded pictures of your property will be provided to the Fewlr Authorized Supplier that delivers heating fuel to your property.
When you place your order, you indicate how much heating fuel is needed and we will provide you with notice that your per gallon price delivered by a Fewlr Authorized Supplier will not exceed a certain price (“Highest Price”). There may be a minimum amount of heating fuel required to place an order, and such minimum will be indicated on the App or the Site. YOU ARE RESPONSIBLE FOR ENTERING THE CORRECT AMOUNT OF HEATING FUEL THAT IS NEEDED AND CAN BE DELIVERED TO YOUR PROPERTY. ANY OVER-ORDERING WILL BE SUBJECT TO A PENALTY AS DESCRIBED BELOW.
After your order is placed, Fewlr Authorized Suppliers place bids to win your purchase. The winning bid is automatically accepted on your behalf, and the Fewlr Authorized Supplier associated with the winning bid will fill your order. Fewlr works to get the best price for you in heating fuel, so the lowest bid will win your order. The per gallon price of your heating fuel, together with any taxes, fees and surcharges (discussed below), will be provided to you in a payment summary upon completion of delivery. (“Payment Summary”). Additionally, at delivery of the heating fuel, the Fewlr Authorized Supplier will provide you with a delivery ticket listing the per gallon price, number of gallons delivered, and any taxes and fees.
Given the nature of heating fuel delivery, the actual fees assessed by the Fewlr Authorized Supplier may differ slightly from the winning bid, e.g., if you ordered 150 gallons of fuel and the Fewlr Authorized Supplier delivered 152.5 gallons of fuel, the actual fees assessed will reflect what was delivered. You will be responsible for payment of all overages within 5% of the ordered amount of fuel, e.g., if you ordered 150 gallons of fuel, you will be responsible for payment for up to157.5 gallons of fuel.
Payment
We accept payment of the heating fuel order on behalf of the Fewlr Authorized Supplier through our third party payment processor. We accept major credit cards and debit cards. When you purchase heating fuel, you agree to pay for the heating fuel order, any applicable surcharges, plus any applicable taxes. Any agreement you have with your payment provider governs your use of your specified payment method.
Prior to your first order of heating fuel, you will be asked to provide a payment method along with other payment information. This information is collected, processed and stored by our third party payment processor, Integrity Merchant Solutions. You represent and warrant that you have the legal right to use all payment method(s) that you provide in ordering and purchasing heating fuel. Your authorizations in this section also apply to our third-party payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method for your order(s) of heating fuel and to place a hold on your payment method until the heating fuel is delivered and a final fee is determined by the Fewlr Authorized Supplier, which is dependent on the amount of heating fuel actually delivered to your property. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described during the ordering and purchasing of heating fuel, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Fewlr, nor any Fewlr third party vendor or business partner, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
You agree to pay us, through our third party payment processors, all charges in effect for the purchase of heating fuel that was ordered through your account. You agree to make payment using the payment method you entered into your account. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received.
Cancellation; Rejection; Bill Inquiries and Refunds
You can cancel your heating fuel order within twelve hours (the “Cancellation Period”). Cancellation during the Cancellation Period is subject to a surcharge of fifty dollars ($50) (“Cancellation Surcharge”) payable to Fewlr. After the Cancellation Period has ended, you are unable to cancel your heating fuel order.
If you reject delivery of the heating fuel when the Fewlr Authorized Supplier attempts delivery at your house, you will be assessed a surcharge of seventy five dollars ($75) (“Rejection Surcharge”).
If you believe you have been billed in error, please notify Fewlr directly within ten (10) days of the billing date by contacting hmuhlhauser@fewlr.com . Fewlr will not issue refunds or credits after the expiration of this ten (10) day period, except where required by applicable law.
Heating Fuel Delivery; Undeliverable Conditions
Once a winning bid of a Fewlr Authorized Supplier is accepted, we will provide the Fewlr Authorized Supplier with the address of your property. You are responsible for keeping a clear and safe path to the fuel delivery site, allowing for the Fewlr Authorized Supplier to have parking room for its truck, and permitting the Fewlr Authorized Supplier on your property and to access the fuel delivery site. FAILURE TO MEET THESE RESPONSIBILITIES MAY RESULT IN NON-DELIVERY OF FUEL IN A TIMELY MANNER. IF YOU REQUIRE HEATING FUEL ON AN URGENT BASIS, IT IS YOUR RESPONSIBILITY TO ENSURE THAT DELIVERY CAN BE MADE AT THE SCHEDULED TIME.
If the Fewlr Authorized Supplier attempts to deliver the heating fuel and is unable to access the delivery site due to any condition, e.g., a locked gate, no parking room, unsafe pathway due to snow, ice, and/or animals, the Fewlr Authorized Supplier will contact us and we will contact you through your contact information or your account to reschedule delivery.
We will attempt to re-schedule delivery one time within twenty four (24) hours. The re-scheduling will be charged a seventy five dollar ($75) surcharge (“Rescheduling Surcharge”). The Rescheduling Surcharge is to offset costs associated with effort, time and labor associated with the rescheduling of fuel delivery.
If the Fewlr Authorized Supplier is still unable to deliver the heating fuel after the re-schedule your order will be canceled.
Customer Support Services
Fewlr provides you with services that facilitate the ordering, purchasing and delivery of heating fuel. If you have any questions or concerns regarding the use of the Site or the App, or have problems placing or accepting an order, payment, or with your delivery, please contact us at 1-800-805-6244 and we will assist you. Our hours are 8:00AM – 5:00PM EST.
If there is a dispute between you and the Fewlr Authorized Supplier that delivered your heating fuel, please contact us at the number above.
TERMINATION
This Agreement between you and Fewlr, including the license granted to you under these Terms, is effective on the date you first use the Services until terminated by you or by Fewlr. You may discontinue use of the Services at any time, but these Terms will continue to govern your use of the Services before that time. Your rights under these Terms will terminate automatically without notice from Fewlr if you fail to comply with any term(s) or conditions of these Terms.
NO WARRANTY; DISCLAIMERS:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND FEWLR DISCLAIMS) ANY AND ALL HARM, LOSS, LIABILITY OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO HARM, DAMAGE OR LOSS OR LIABILITY TO YOUR HOME FROM THE DELIVERY OF HEATING FUEL TO YOUR HOME, INCLUDING DELIVERY OF THE INCORRECT FUEL TYPE, A MISSED DELIVERY, A MISTAKEN DELIVERY, OR A SPILLAGE AT DELIVERY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND FEWLR HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE) INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF DURABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, TITLE, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND FEWLR DOES NOT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THE SERVICES.
YOU FURTHER ACKNOWLEDGE THAT FEWLR CANNOT GUARANTEE THE SECURITY OF ANY WIRELESS TRANSMISSION DURING YOUR USE OF THE SITE AND THE APP AND WILL NOT BE LIABLE FOR ANY LACK OF SUCH SECURITY.
FEWLR MAKES NO GUARANTEE FOR ANY ENERGY SAVINGS OR OTHER MONETARY BENEFIT FROM THE USE OF THE SERVICES. YOU HEREBY RELEASE FEWLR FROM ANY LIABILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER LOSS BASED ON A CLAIM OF ANY ACTION OR ANY INACTION BY A FEWLR AUTHORIZED SUPPLIER, INCLUDING, BUT NOT LIMITED TO, A MISSED DELIVERY, DELIVERY OF THE WRONG FUEL TYPE, A MISTAKEN DELIVERY, OR SPILLAGE DURING DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FEWLR, ITS AUTHORIZED REPRESENTATIVE OR ITS AUTHORIZED SUPPLIER, SHALL CREATE A WARRANTY. FEWLR DISCLAIMS ANY AND ALL WARRANTIES RELATED TO OR ARISING OUT OF THE SELECTION AND DELIVERY OF ANY FUEL BY ANY FEWLR AUTHORIZED SUPPLIER. SHOULD THE FUEL OR SERVICES DELIVERED BY THE FEWLR AUTHORIZED SUPPLIER PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OR AS OTHERWISE PROVIDED BY THE AUTHORIZED SUPPLIER.
THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL FEWLR, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUBSIDIARIES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, PERSONAL INJURY, DAMAGE TO ANY PERSONAL PROPERTY OR DAMAGE TO REAL PROPERTY ARISING UNDER THESE TERMS OR OTHERWISE, OR ANY INCIDENTAL, SPECIAL, INDIRECT,CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, THE DELETION, FAILURE TO STORE, ACCIDENTAL DISCLOSURE, LOSS, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, THE LEGALITY OF CONTENT OR INFORMATION OR MATERIAL PROVIDED THROUGH THE SERVICES HOWEVER CAUSED REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BY BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, CONTRIBUTION, INDEMNIFICATION OR OTHERWISE) AND EVEN IF FEWLR, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUBSIDIARIES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL FEWLR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING DEATH OR BODILY INJURY, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES AT ISSUE IN THE PRECEDING 12 MONTHS, WHICHEVER IS GREATER, WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY AGAINST FEWLR. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. FEWLR DISCLAIMS ALL LIABILITY OF ANY KIND OF FEWLR’S LICENSORS, SUPPLIERS AND ANY THIRD PARTIES WHOSE MATERIALS OR SERVICES ARE INTEGRATED OR LINKED TO THE SERVICES COVERED UNDER THESE TERMS. THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
STATUTE OF LIMITATIONS
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, NO CLAIM OR LEGAL ACTION YOU MAY HAVE ARISING OUT OF THESE TERMS (WHETHER BASED ON THIS AGREEMENT, NEGLIGENCE OR ANY THEORY OF LAW), OR THE SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE DATE THE CAUSE OF ACTION FOR SUCH CLAIM ACCRUED.
GOVERNING LAW
Fewlr controls and manages the Services from its facilities in the United States of America. Unless otherwise stated, materials and content on the Services are presented solely for promoting Services in the United States of America. The laws of the State of Connecticut, excluding its conflicts of law rules, govern this Agreement and your use of the Services. Your use of the Services may also be subject to other local, state, municipal, or national laws.
ASSIGNMENT/SUBCONTRACT/THIRD PARTY BENEFICIARIES
You may not assign any of your rights and obligations arising under these Terms, and you hereby acknowledge and agree that Fewlr may assign or subcontract any of its rights and obligations arising under these Terms, in whole or in part, in its sole discretion, without your consent and without notice to you. Our contractors and affiliates, including Fewlr Authorized Suppliers, shall be direct and intended third party beneficiaries of this Agreement and may enforce it directly against you. There are no additional third party or intended third party beneficiaries under these Terms.
SEVERABILITY
If any part of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The invalidity or unenforceability of any provision of these Terms will not affect any other provision and all such other provisions will remain in full force and effect.
SURVIVAL
All sections of these Terms that by their nature should survive termination will survive termination, including, without limitation, restrictions on use, intellectual property rights, payment, legal actions, indemnification obligations, warranty disclaimers, and limitations of liability.
NO WAIVER
No waiver by Fewlr of any breach or any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of Fewlr.
DISPUTE RESOLUTION
Mandatory, Bilateral Arbitration and Waiver of Class Actions
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
YOU AND FEWLR AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING ON THE SERVICES AND/OR PRODUCTS SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that:
- you may assert claims in small claims court in your county of residence within the United States if your claims qualify; and
- this agreement to arbitrate does not include your or Fewlr’s right to seek injunctive or other equitable relief in state or federal court in the city or county of Hartford, Connecticut, 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 Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Fewlr against each other related in any way to or arising out of in any way from these Terms or the Services, including but not limited to cancellations, defects, policies, privacy, advertising, or any communications between you and Fewlr, even if the claim arises after you or Fewlr has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our officers, directors, employees, agents, affiliates, or other representatives; or (b) Fewlr brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Fewlr, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Fewlr; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
DISPUTE NOTICE
Before initiating an arbitration, you and Fewlr each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: Fewlr L.L.C, 1 Technology Drive, Tolland, CT 06084. We will provide a Notice of Dispute to you via the email address associated with your Fewlr account. You and Fewlr agree to attempt in good faith to resolve the Dispute before commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires.
ARBITRATION PROCESS AND PROCEDURE
If Fewlr and you do not reach an agreed upon solution within forty-five (45) days from the original Dispute Notice, then either of us may initiate binding arbitration as the sole means to resolve claims, subject to these Terms. Arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in Hartford, Connecticut. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both of us expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FEWLR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Fewlr each agree that all issues regarding the Dispute are delegated to the arbitrator to decide. Further, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
HEARING
If your claim does not exceed $10,000 (USD), you and Fewlr agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Fewlr submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Fewlr, or deemed necessary by the arbitrator, you and Fewlr agree that the hearing will be conducted telephonically or videographically.
ARBITRATOR’S DECISION
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
FEES
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules.
