FILLCO FUEL SERVICES, LLC

Terms of Service

 

 These Terms of Service were last modified and is effective as of August 29, 2025.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.

You acknowledge and understand that the use of the FILLCO FUEL SERVICE MOBILE Application is at your own risk. In consideration of the provision of, and your access to and use of, the MOBILE Application, you agree to release and waive any and all causes of action, liabilities, damages, claims, and demands, of every kind and nature whatsoever, which may arise against FillCo in connection with or related to your use of the MOBILE Application.

 The FillCo Fuel Service, LLC (“FillCo”) website located at www.fillcofuel.com (the “Website”) and FillCo Fuel Service mobile application (“Application”) are provided to allow subscribers to access and use the FillCo Fuel Service gasoline delivery services as described in the FillCo Fuel Service Subscription Services Agreement (the “Services Agreement”) subject to the terms and conditions set forth in Services Agreement as modified from time to time. The Application includes all software applications, together with any software code, scripts, interfaces, graphics, displays, text, documentation and other components; and any updates, modifications or enhancements thereto. By accessing and using the Website or Application, you agree to be bound by these Terms of Service (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use.  The Website and Application are sometimes collectively referred to herein as, the “Services.”

You also acknowledge that FillCo may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Services. If you do not agree to these Terms, do not use the Services. As used in these Terms of Use, “we” and “our” includes FillCo, its subsidiaries, affiliates, and any third-party vendors we hire to assist in the administration of the Services, the collection, cataloging and/or analysis of data, and/or the processing or handling of any visitor transactions.

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services, as well as, for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

 

FillCo Website and Application

FillCo provides the Website and Application to (a) provide users access to information related to FillCo’s proprietary software and subscription-based gasoline delivery services (the “Subscription Services”), and (b) to facilitate subscribers’ access to and use of the Subscription Services.  

 

License and Access to the Website and Application

No person under the age of eighteen (18) is authorized to access or use the Services.  User access to, and use of, the Services is subject to all applicable federal, state, and local laws and regulations.  Use of the Services is void where prohibited.  By using the Services, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement.

 FillCo grants you a limited, non-transferable license to access and use the Website for noncommercial purposes only. This license shall not include any resale of the Website or its contents; any derivative use of the Website; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FillCo or our affiliates without our prior express written consent.

 Subject to the terms of this Agreement, FillCo grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Application for your personal, non-commercial use (“Mobile Device”) strictly in accordance with the Application’s documentation and the Services Agreement. This license shall not include any sale, sublicense, or reproduction of the Application or any of its contents. You may not modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; or remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

 We make no guarantees regarding the availability of the Services.  Furthermore, we reserve the right, within our sole discretion, to discontinue the Services. You agree that we will not be liable to you for any such discontinuance or modification of the Website.  Any rights not expressly granted by these Terms are reserved by us.

 You are under no obligation to use or continue to use the Services and may temporarily or permanently cease using the Services without notice to FillCo. Any use of the Services, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Services or any portion thereof.

 

Application Updates

FillCo may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that FillCo has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. 

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

 

Click-Through Agreements

Before using the Services, or certain functionalities thereof, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement, the Click-Through Agreement will govern.

 

Content License From You

Any content that you submit, post, or display to or through the Services may be accessible or viewed by other users of the Services. You should only provide content that you are comfortable sharing with others as set forth in these Terms. Do not submit, post, or otherwise transmit via the Services information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy) from disclosure.

As between you and FillCo, you may possess certain intellectual property rights you have under law in content that you may submit, display and/or post via the Services. This content, which includes, but is not limited to your comments, reviews, analysis, ideas, proposals, feedback, depictions, sound recordings, photographs, moving images and other data submitted in any form or medium, whether by emails, posting or otherwise, is considered “User Generated Content.” Your use of the Services and your submission and/or posting of User Generated Content grants FillCo, and its affiliates, an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use,  disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Generated Content, without any obligation,  notification or compensation to you.  This license is granted to FillCo with respect to the use of such User Generated Content in connection with the Services, and any other use determined by FillCo in its sole and absolute discretion.

You agree and acknowledge that the foregoing license grants to FillCo and its affiliates the full right and authority to use User Generated Contents for any purpose whatsoever, including, without limitation, the marketing, sale, syndication, and development of the Services and any successors thereto. This license includes the unrestricted right and authority for FillCo to make the User Generated Content available to sublicense to other companies, organizations, or individuals for any of the aforementioned purposes, subject to these Terms. You reserve no rights with respect to such uses and to the extent that any “moral rights,” “ancillary rights,” or similar rights in or to the User Generated Content exists, you agree to waive any such rights as to FillCo or licensees, agents, representatives, or other authorized users.

 You agree and acknowledge that FillCo and its affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Generated Content in such manner as may be required to conform User Generated Content to standards, protocols, formats, and requirements related to the Services and any medium by which they are accessible currently or prospectively.  You agree and acknowledge that FillCo and its affiliates are licensed to transmit or distribute the User Generated Content in all formats and mediums over various networks.

 Your use of the Services and your submission and/or posting of User Generated Content  confirms your representation and warranty that you possess all necessary legal rights, power and authority to grant to FillCo the forgoing  license and you further represent, warrant and agree that none of the User Generated Content will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements or materials.

 

Collection of Information from the Application

You acknowledge that when you download, install, or use the Application, FillCo may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You understand and agree that FillCo may use geolocation technology in connection with your use of the Application. FillCo collects geolocation information for the purpose of improving your user experience of the Application and Service. You may disable your geolocation at any time but it may impact your use of the FillCo Fuel Service services. All use of geolocation information is governed by our Privacy Policy.

FillCo will also collect vehicle information in connection with your Account, such as the make, model, license plate, make, and/or vehicle identification number (“VIN”).

 

Account Registration and Payments

 In order to access or use the Services, you may be required to register and create an account (“Account”) with FillCo.  Information gathered through the registration process and any other information related to your Account will be subject to these Terms, as well as to our Privacy Policy.  You represent and warrant that you are at least 18 years of age and that all information provided by you when creating your Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. Information related to your Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your Account by any third parties with respect to the Services. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to third-parties in a manner that may result in unauthorized usage of the Account. In our sole and absolute discretion, we may terminate your Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account.

Any payments made via the Services will be processed and charged by the third party or company designated by FillCo in accordance with the payment method that you select at the time of payment. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such payment and that you are either the holder of such card (i.e. that the card is issued in your name), or you are authorized to use the credit card by the holder.

 

Subscription Services

Subscribers in good standing will be able to use the Subscription Services in accordance with the terms of the Fillco Fuel Service Services Agreement in effect at the time of Service.

 

Typographical Errors

 In the event any product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, FillCo shall have the right to refuse or cancel any orders placed at the incorrect price. FillCo shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, FillCo shall immediately coordinate the issuance of a credit to your credit card account in the amount of the charge.

 

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. FillCo reserves the right at any time after receipt of your order to accept or decline your order for any reason. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit card processor(s). We may require additional verifications or information before accepting any order.

 

Restrictions on Your Use

 All content displayed, published, or incorporated into the Services, including any Subscription Service-related materials made available on these pages for downloading, if any, are the property of FillCo and/or its affiliates, or other third parties.  The Services, including all content therein, are protected by copyright and trademark laws.  This Agreement does not grant any license to modify or alter the materials on the Services that are viewed, downloaded, or otherwise accessed by you.  You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials.  You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Services.

To the extent applicable, when accessing the Services, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Services.  You are prohibited from utilizing alter-egos or other disguised identities when accessing the Services. All forms of indirect and ‘spoofed’ access are strictly prohibited.

Intellectual Property Ownership

 All intellectual property rights associated with the Services, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights, and patents (“Intellectual Property”) are the sole property of FillCo, or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Services in any way without the express written consent of FillCo or the appropriate third party, as applicable. Except as provided herein, FillCo does not grant to you any express or implied rights to the Intellectual Property.

 

Application EULA Termination

 The term of the Agreement as it relates to the Application commences when you download the Application and will continue in effect until terminated by you or FillCo as set forth in this Agreement. You may terminate this Agreement at any time by deleting the Application and all copies thereof from your Mobile Device. FillCo may terminate this Agreement at any time without notice if it ceases to support the Application, which FillCo may do in its sole discretion or your failure to maintain your Account in good standing or otherwise fail to comply with the Services Agreement. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of FillCo rights or remedies at law or in equity.

 

Privacy Policy

 Any personal information or other information about you collected by FillCo through, or in connection with, the Services is subject to our Privacy Policy. The FillCo Privacy Policy is incorporated into the terms of this Agreement by this reference.  As indicated in these Terms, this Website is designed for adults of legal age (18 years and over). For questions about our online privacy policy for children please refer to the Privacy Policy.

 

Links

 The Services may provide or include links to other third-party websites and social media platforms (all links to third-party websites and social medial platforms are collectively referred to herein as “Linked Sites”). While FillCo attempts to provide links only to third-party websites that comply with all applicable laws and regulations and FillCo standards, please understand that the content on these third-party websites is subject to change without notice to FillCo. Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Because we have no control over such sites and resources, you acknowledge and agree that FillCo is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT FillCo SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.

 FillCo prohibits caching of any portion of the Services and any unauthorized hypertext links to the Services. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Services, you must contact FillCo to discuss mutually agreeable terms for such hyperlink.

 

Geographic Restrictions

 The owner of the Services is based in Hattiesburg, Mississippi. We provide the Services for use by persons located in the United States. We make no claims that the Services or any related content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside of the United States, you do so on your own initiative and are so responsible for compliance with local laws.

 

Disclaimer and Exclusion of Warranty

You acknowledge and agree that FillCo and its owners, employees, agents, contractors and users are not responsible for your use of the Application, and you assume any risk for your use of the Application and the FillCo Fuel Service services provided or accessed via the Application. You agree that in no event will FillCo or any of the developers, providers, or users of the Application, be liable to you in any manner whatsoever for any decision made.

Any use of the Services or Subscription Services, any reliance upon any of the information contained therein, and any use of the Internet generally shall be at your sole risk. FillCo disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information accessible by use of the Services.

 FillCo MAKES NO WARRANTY OF ANY KIND REGARDING THE SERVICES AND/OR ANY MATERIALS ACCESSED THROUGH THE SERVICES, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. FillCo DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SERVICES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  FillCo DOES NOT WARRANT THAT THE SERVICES, THE SERVERS, OR ANY E-MAIL OR SIMILAR MESSAGE SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER FillCo, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SERVICES OR ANY SUBSCRIPTION SERVICES, OR (2) THE INTERNET GENERALLY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.

 

Limitation of Liability

 FillCo ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES. IN NO EVENT SHALL FillCo BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE SERVICES OR CONTENT FOUND THEREIN.

 

Copyright Infringement Notification

 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials or content available through the Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove such materials or content, or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

 If you believe that your work has been improperly copied and posted via the Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located within the Website; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement.

Notices and counter-notices should be sent to:

Copyright Monitor

10 Lamar Boulevard, Hattiesburg, MS 39402

info@fillcofuel.com

 DMCA details are available at http://www.copyright.gov/onlinesp/

 We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

 

Data Charges

You acknowledge and understand that the Application requires and utilizes phone service or data access to properly function. FillCo does not charge for the use of Application, however carrier rates for phone or data service may apply and you are solely responsible for any such charges.

 

Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices via the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.

 

Jurisdictional Issues and Regulations

Although the Services are accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. This Website is controlled and operated by FillCo from its offices within Hattiesburg, Mississippi, United States of America. FillCo makes no representation that materials on the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws. You may not use the Services or export any of the materials or content contained herein in violation of any U.S. export laws or regulations.

The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

 

Choice of Law; Arbitration Clause and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights

These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Mississippi as applied to contracts made and to be performed entirely within Mississippi, without giving effect to the state’s conflicts of law statute.

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, YOU AND FILLCO AGREE (A) TO WAIVE YOUR AND FillCo’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS, OR THE SERVICES, RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND FillCo’S RESPECTIVE RIGHTS TO A JURY TRIAL.  Instead, you and FillCo agree to arbitrate Disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court) conducted by the American Arbitration Association (“AAA”) under the arbitration rules in effect at the time the arbitration is initiated (the “AAA Rules”) and under the rules set forth in these Terms.  If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.

Unless the parties agree otherwise, the arbitration will be conducted in Hattiesburg, Mississippi. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the AAA Rules.  The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.  YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL.

You and FillCo agree that these Terms affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

YOU AND FILLCO EACH AGREE TO RESOLVE ANY DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PURSUE ANY DISPUTES ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

 

Indemnity and Release

By using the Services, you agree to indemnify FillCo and its parents, subsidiaries, affiliates, franchisees, and each of their respective officers, directors, managers, and employees (collectively, the “Indemnitees”) and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Services or any violation of these Terms. By using the Services, you are hereby agreeing to release the Indemnitees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Services.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and FillCo with respect to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and FillCo with respect to the Services. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.

Changes to the Terms

We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Services, and any use of the Services after such revisions have been posted signifies your consent and agreement to the modified Terms.