FuelDash, Inc., Privacy Policy and Terms of Use.

Last updated: October, 2024

FuelDash Inc, its subsidiaries, affiliates, and related entities (collectively, “FuelDash” or “we”) collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. FuelDash is committed to protecting our visitors’ and members’ privacy. The following Privacy Policy (sometimes referred to herein as “Policy”) outlines the information FuelDash may collect and how we may use that information to better serve visitors and members.

1. COLLECTION & USE OF INFORMATION

We collect information you provide directly to us, such as when you create or modify your account, request on-demand fuel Services, contact customer support, or otherwise communicate with us. This information may include: name, email address, phone number, postal address, profile picture, payment method including credit card numbers along with expiration date and security code, vehicle make, model, color, type of gasoline, license plate number, delivery notes, order requests and other information you provide, which is forwarded to our servers at fueldashinc.com.

In addition, tracking information is collected as you navigate through our website, mobile applications or use the Services, including, but not limited to, geographic areas (most GPS enabled mobile devices can define one’s location to within 50 feet), device type, and device unique identifier. You may also choose to upload a photo while using the application, if you wish to do so this may be viewable by the drivers who are delivering your fuel so that they are able to verify your vehicle. You may remove it or update it at any time by logging into your account. If you use our Services through your mobile device, we will track your geo-location information so that you are able to set your vehicle location, and our drivers are able to find the location in which you wish to fill up your vehicle.

The FuelDash app does use third party services that may collect information used to identify you. Our primary goal in collecting information is to provide you with an enhanced experience when using the Service. Except as provided in this Policy, we will not share this information with third parties. We may also use the information we collect about you to provide, maintain, and improve our Services, including to facilitate payments, store payment information on a secure page, send receipts, provide products and services you request (and send related information), develop new features, provide customer support, develop safety features, authenticate users, and send product updates and administrative messages; perform internal operations, including to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends; send or facilitate communications (i) between you and a driver of a delivery vehicle, such as estimated times of arrival (ETAs), or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals or invites; send you communications we think will be of interest to you, including information about products, services, promotions, news, and events and to process contest, sweepstake, or other promotion entries and fulfill any related awards; personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.

To help us serve your needs better, we use “cookies” to store and sometimes track user information. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Cookies can be disabled or controlled by setting a preference within your web browser. There may, however, be some features of the Services that require the use of cookies to customize the delivery of information to you.

The use of third-party cookies is not covered by our privacy policy. We do not have access or control over these cookies.

2. SOCIAL SHARING FEATURES

The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other applications, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

3. SERVICE ANNOUNCEMENTS

We may send you service-related announcements when it is necessary to do so. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

4. CUSTOMER SERVICE

Based upon the personally identifiable information you provide us; we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by SMS/text message, push notification, or email.

5. DISCLOSURE OF INFORMATION

We do not sell, share, rent or trade your personal information or geo-location information other than as disclosed within this privacy policy.

FuelDash may share aggregated information that includes non-identifying information and log data with third parties for industry analysis, demographic profiling and for us to deliver to you targeted advertising about other products and services.

We may employ third party companies and individuals to facilitate our Service, to provide the Services on our behalf, to process payment, provide customer support, to administer your account, to collect on your account, provide geo-location information to the drivers, to perform website and application-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the websites and application’s features) or to assist us in analyzing how our website and Services are used.

These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide personal information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications by contacting those third parties directly.

FuelDash cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of FuelDash or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.

If we are involved in a merger, acquisition, or sale of the Services, you will be notified via email and/or a prominent notice on our web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

We use a third-party hosting provider who hosts our support section of the site. Information collected within this section of the site is governed by our privacy policy. Our third-party service provider does not have access to this information.

6. YOUR CHOICES

You may correct or cancel your account information at any time by logging into your account. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms of Use, we may seek to resolve the issue before deleting your information.

We will comply with an individual’s requests regarding access to, correction of, and/or deletion of the personal data stored, to the extent required by applicable law.

We request permission for our application’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services, including, but not limited to, limiting your ability to order fuel for delivery.

We may also seek permission for our application’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. To the best of our knowledge, the Android platform does not provide such a setting.

You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.

We do not provide services or sell products to children. If you are below the age of 18, you may use the Services only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us with any personal information.

7. USERNAMES AND PASSWORDS

Your access to parts of our website or mobile application may be protected by a username and a password. Do not give your password to anyone. If you enter a section of our website or application that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.

8. SECURITY

The personally identifiable and geo-location information we collect is securely stored within our database, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls, and SSL (Secure Socket Layers) for protecting your information (credit card number and geo-location information). However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet, and any information you transmit to FuelDash you do at your own risk. We recommend that you not disclose your password to anyone.

9. POLICY IS PART OF TERMS OF USE

Our privacy policy is part of, and subject to, our Terms of Use. You may view these Terms of Use below.

10. CHANGES TO THIS POLICY

We may change this Policy from time to time. If we make significant changes in the way we treat your personal information, or to the Policy, we will provide you notice through the Services or by some other means, such as SMS/text message or email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Policy for the latest information on our privacy practices.

11. CONTACT FUELDASH INC

For questions regarding this Policy, contact FuelDash at www.fueldashinc.com, or:

FuelDash Inc,

17011 Lincoln Ave, Ste 121 Parker, CO 80134 

…….

TERMS OF SERVICE (USE)

These Terms of Use (“Terms”) govern your access or use of applications, websites, content, products, and services (the “Services”) made available by FuelDash Inc., its subsidiaries, affiliates, and related entities (collectively, “FuelDash”). Please read the following Terms of Use carefully before accessing and/or using the Services.

1. APPLICABILITY & ACCEPTANCE OF THESE TERMS OF USE. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a legally binding agreement between you and FuelDash. If you do not agree to these Terms, you may not access or use the Services. FuelDash reserves the right, in our sole and absolute discretion, at any time, for any reason whatsoever, with or without notice, to terminate, suspend, amend, or modify the Services and/or the Terms related to the Services, which will be effective upon the posting of such updated Terms by FuelDash on the FuelDash website. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. FuelDash 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. FuelDash’s collection and use of personal information in connection with the Services is as provided in the Privacy Policy located at www.fueldashinc.com. In these Terms, the words “including” and “include” mean “including, but not limited to.”

2. THE SERVICES. The Services constitute a technology platform that enables users of FuelDash’s mobile applications or websites provided as part of the Services (the “Applications”, and each, an “Application”) to arrange, schedule, and pay for fuel, and the delivery of fuel, for passenger motor vehicles, which may be provided by FuelDash or third party providers of such Services, including independent third party providers and third party logistics providers under agreement with FuelDash or certain of FuelDash’s affiliates (“Third Party Providers”). The Services are solely for your personal, noncommercial use.

3. USER LICENSE. Subject to your compliance with these Terms, FuelDash grants you a limited, revocable, non-exclusive, non-transferrable, non-sublicensable, 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, noncommercial use. Any rights not expressly granted herein are reserved by FuelDash. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by FuelDash; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

At times, the Applications may allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material including, but not limited to, reviews of the Services (the “Submissions”). You hereby grant FuelDash a royalty-free, irrevocable, worldwide, perpetual, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to FuelDash in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize FuelDash to include the Submissions you provide in a searchable format that may be accessed by users of the Services. You also grant FuelDash the right to use any Personally Identifiable Information (as that term is defined in FuelDash’s Privacy Policy) included with any Submission in connection with the use, reproduction or distribution of such Submission and FuelDash’s provision of Services to you. You also grant FuelDash the right to use the Submission and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Submission or communication you send to FuelDash for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Services, without compensation of any sort to you.

4. USER ACCOUNT. Use of the Services may require that you register and/or create an account (“Account”). To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Services provided by FuelDash, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete, and c) provide and maintain at least one valid payment method (i.e., credit card). If you provide any information that is untrue, inaccurate, not current or incomplete, or FuelDash has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FuelDash has the right to refuse any and all current or future use of the Services (or any portion thereof).By creating an Account, you agree that FuelDash may send you informational text (SMS) messages as part of the business operation of FuelDash and/or of your use of the Services.

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify FuelDash of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. FuelDash will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.

5. PAYMENT FOR SERVICES. You understand, acknowledge, and agree that use of the Services will result in charges to you (“Charges”). Charges paid by you are final and non-refundable, unless otherwise determined by FuelDash. All Charges are due immediately and payment will be facilitated by FuelDash using the payment method designated in your Account. If your payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that FuelDash may use a secondary payment method in your Account, if available.

FuelDash reserves the right to charge a late payment fee of $35.00 if you fail to pay the balance past the payment deadline specified on the invoice or for an ACH transaction return. Should your account become delinquent, we reserve the right to initiate collection to collect the debt. In addition to the amount due, the customer agrees to pay all costs of collection, court cost, including attorneys’ fees if necessary.

FuelDash, in our sole and absolute discretion, at any time, for any reason whatsoever, with or without notice, reserves the right to establish, modify, amend, change, remove and/or revise Charges for any or all Services. FuelDash will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. FuelDash may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers 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 the dispatch of a delivery vehicle, in which case you will incur Charges. In the event that a delivery vehicle is unable to fill your vehicle with fuel for any reason outside of FuelDash’s control, including but not limited to, your vehicle not being in the location designated via the Application, your vehicle’s gas tank door(s) being locked and/or inaccessible for any reason, FuelDash will attempt to contact you by and through the Application; should the delivery vehicle remain unable to fill your vehicle with fuel within five (5) minutes of the delivery vehicle’s arrival at the location designated via the Application, you will incur an “Unable to Deliver Fee”, regardless of any promotional offers and/or discounts to which you may have previously been eligible.

You agree to indemnify and hold FuelDash and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) FuelDash’s use of your Submissions or Account data; or (iv) your violation of the rights of any third party through your use of the Services.

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE APPLICATIONS AND/OR SERVICES (WHETHER PROVIDED BY FUELDASH, OR A THIRD PARTY, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUELDASH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FUELDASH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU.

6. FLEET. FuelDash’s users understand and acknowledge that fuel prices fluctuate and change hourly, therefore, determination of all matters regarding pricing and the amounts to bill customer may be changed by FuelDash at any time in FuelDash’s sole discretion, notwithstanding any pricing provided to customers/users or posted on the FuelDash mobile application.

FuelDash may, in its discretion charge certain priority fees for customers/users needing services during fuel shortages or other times when obtaining or delivering fuel is more difficult. The amount of the priority fees will be set forth in the applicable invoice.

For all fuel deliveries FuelDash will charge for a minimum of 5 gallons notwithstanding the user vehicle only needing less than 5 gallons. There will be no exceptions to the minimum fuel charge.

FuelDash and its fuel delivery trucks are in full compliance with applicable regulatory requirements. It is the user responsibility to obtain the proper permitting/licensing/approvals necessary for FuelDash to dispense fuel on their property. By ordering our service our customers and users expressly represent and warrant to FuelDash that they have the proper permitting, licensing, and/or approvals necessary to allow for the dispensing of fuel on their property. Our users expressly accept any responsibility and/or liability relating to a failure on their part to obtain such permitting, licensing, and approvals.

Our users grant FuelDash express permission to fuel their cars and they agree to grant us all access necessary to complete the FuelDash service. Failure to grant us the access necessary (such as failure to leave the gas cap open) will result in a cancellation fee. Such cancellation fee shall be determined by FuelDash on a case-by-case basis.

In the case of a fleet customer, FuelDash will fuel the vehicles/assets on the vehicle/asset list provided by the specific fleet customer. The Fleet Customer is responsible to provide FuelDash with updated asset lists as applicable for us to fill new vehicles/assets. The Customer confirms they will send updated asset lists as needed. If they request via phone or email and not with the agreed process, we will do our best to accommodate. Failure to provide updated vehicle/asset lists will result in the new vehicle/asset not being fueled.

If a user experiences damages to their vehicle or fuel contamination which they believe was caused by FuelDash, FuelDash must be informed within 24 hours of the last delivery. Once notified, FuelDash will investigate to determine if FuelDash is at fault. The User will allow us to schedule our own mechanic to inspect the situation. If the User does not notify us within the 24 hours and/or does not allow us to have our own mechanic conduct an inspection then the User expressly agrees that FuelDash will not be held liable. If we are notified correctly and provided the opportunity to inspect the vehicle/asset and our mechanic concludes that we are liable then we will either make arrangements for repair at our cost or the User may elect to arrange the repair and FuelDash will reimburse the costs of the repair. If the User elects to arrange for the repair, FuelDash must approve and authorize all expenses incurred for which the User expects reimbursement (“estimated cost”) prior to the work being done. Upon receiving the Estimated Cost from the User, FuelDash will have the opportunity to obtain an estimate of its own for the work (the “FuelDash Estimate”). If the FuelDash Estimate is less than the User’s Estimated Cost, FuelDash will only be responsible for the amount of the FuelDash Estimate.

Fleet Customers must notify us of any cancellations prior to 4PM on the day of the expected delivery. Failure to provide such notice will result in a cancellation fee (or “Dry Run Fee”) to be charged to the Fleet Customer.

7. LIMITATION OF LIABILITY. In no event shall FuelDash be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any loss or damages whatsoever, including lost data, lost profits, property damage, or personal injury (even if FuelDash has been previously advised of the possibility of such damages), whether in an action under contract, negligence, or any other theory, in any manner arising out of or in connection with the services. FuelDash 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, browsing of, or downloading of any material from the applications. FuelDash assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, fuel, the delivery of fuel, the spillage of any fuel before, during, or after the delivery of fuel to you, your use of or reliance on the services or your inability to access or use the services, delay or failure in performance of the services, or material available on or through the applications, as well as any third party website pages or additional websites linked to via the applications, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein or harm to person or property caused thereby. in addition to the foregoing, you specifically agree that FuelDash will not be liable to you for any damage(s) incurred as a result of, including, but not limited to: you leaving your vehicle door(s) and/or gas tank door(s) unlocked and/or open, third party access to any area within which your vehicle is located regardless if you provided us with keycard(s), pin(s), passcode(s) and/or key(s) to access that area, and the siphoning and/or attempted siphoning of fuel from your vehicle by any third party. these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. in no event shall FuelDash’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, for all services provided by FuelDash exceed the amount paid by you to FuelDash. you and FuelDash agree that the warranty disclaimers and limitations of liability in these terms are material, bargained-for bases of these terms, and that they have been taken into account in determining the consideration to be given by each party under these terms and in the decision by each party to enter into these terms. You and FuelDash agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable. the warranty disclaimers and limitations of liability in this section 8 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. if you are dissatisfied with the services or do not agree to any provisions of these terms, your sole and exclusive remedy is to discontinue using the services, except as may be provided for in this section 

8. DISPUTE RESOLUTION. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and FuelDash, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Colorado and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless otherwise agreed between you and FuelDash, the arbitration will be conducted in the State of Colorado, in the County of Douglas. If your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of documents you and FuelDash submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $5,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief to the extent necessary to provide relief warranted by the claimant’s individual claim. FuelDash hereby waives all rights FuelDash may have under applicable law to recover attorneys’ fees and expenses if FuelDash prevails in arbitration.

Notwithstanding the provisions of the modification-related provisions above, if FuelDash changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing FuelDash written notice of such rejection by email from the email address associated with your Account to: info@fueldashinc.com, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and FuelDash in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

You acknowledge and agree that you and FuelDash are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and FuelDash otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

9. APPLICABLE LAW. These Terms are governed by and construed in accordance with the laws of the State of Colorado, U.S.A., without giving effect to any conflict of law principles.

FuelDash may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to FuelDash, with such notice deemed given when received by FuelDash, at any time by first class mail or pre-paid post to FuelDash Inc., Attn: User Notices – Legal, 17011 Lincoln Ave Ste 121 Parker, CO 80134.

FuelDash may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of FuelDash’s equity, business or assets; or (iii) a successor by merger.

If any portion of these Terms is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein.

10. ENTIRE AGREEMENT. These Terms, which hereby incorporate by reference the terms of FuelDash’s Privacy Policy, constitute the entire agreement between you and FuelDash, superseding all prior agreements regarding the Applications and/or Services.

11. NO WAIVER. The failure of FuelDash to exercise or enforce any right or provision of the Terms shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

12. HEADINGS AND CONSTRUCTION. The section titles in the Terms are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

13. CONTACT. Contact FuelDash Inc: For questions regarding these Terms, contact FuelDash at fueldashinc.com or at FuelDash Inc., 17011 Lincoln Ave Ste 121 Parker, CO 80134.

Copyright © 2024 FuelDash Inc. All Rights Reserved.