TERMS OF SERVICE

These Terms of Service (“Terms”) are between Let’sFuel LLC. (“Let’sFuel”) and you (hereinafter referred to as “You,” “you,” or “your”), and apply to and govern your access to and use of Let’sFuel’s mobile and remote transportation support and inspection services (the “Service”). Please read them carefully.

Accepting these Terms

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. These Terms govern your use of the Services and affect your legal rights and obligations. By clicking the “I Agree” button and accepting these Terms, you agree to and are bound by the terms, conditions, policies, and notices contained in these Terms, including without limitation conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, arbitration, and a choice of shall be governed by and construed in all respects in accordance with the laws of the Commonwealth of Puerto Rico. If you do not agree to be bound by all of the terms contained in these Terms, do not click on the “I Agree” button and do not access or use the Services.

In addition, by clicking the “I Agree” button, you acknowledge and agree that you represent and warrant that you have the power and authority to enter into these Terms. Let’sFuel shall not be liable, and you agree to indemnify and hold Let’sFuel and any of its affiliates, subsidiaries, officers, employees, and agents harmless for, all damages, liabilities, penalties, costs, and expenses incurred by Let’sFuel and any of its affiliates, subsidiaries, employees, or agents as a result of any inaccuracy, false representation, or other violation or failure by you in connection with this paragraph.

These Terms were last modified on October 25, 2023.

If you access or use the Service, it means you agree to be bound by all of these Terms. So, before you use the Service, please read all of the Terms. If you don’t agree to all of these Terms, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing [email protected].

Changes to these Terms

We reserve the right to modify and add to these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

PLEASE PERIODICALLY REVIEW THESE TERMS BECAUSE YOUR CONTINUED USE OF THE SERVICES WILL MEAN THAT YOU ACCEPT THOSE CHANGES. TO THE EXTENT ANY MODIFICATION TO THESE TERMS MATERIALLY AFFECTS YOUR RIGHTS OR OBLIGATIONS, THE UPDATED TERMS WILL BE PRESENTED TO YOU UPON YOUR NEXT USE OF THE SERVICES, AND YOU WILL BE REQUIRED TO ACCEPT THE UPDATED TERMS BEFORE PROCEEDING TO USE THE SERVICES.

Unless otherwise provided for herein, whenever we make changes to these Terms, the changes are effective three (3) days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button as described immediately above). It is your responsibility to check Let’sFuel for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms. If you do not agree to the modified terms for the Service, you should discontinue your use of the Service. If there is a conflict between current terms and additional terms, the additional terms will control for that conflict. If it turns out that a particular term is not enforceable, this will not affect any other terms.

Privacy Policy

For information about how we collect and use information about users of the Service, please check out our privacy policy available at www.goletsfuel.com (the “Privacy Policy” section). Let’sFuel will treat any information it collects or receives from you through the Services in accordance with its Privacy Policy, which is incorporated by reference. Please review the Privacy Policy before you use the Services. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Service.

Use of Services

Before you may access and use the Service, you first must setup an account by registering through the Service. Registration requires a valid, working e-mail address and other information in order to initially signup for access to and use of the Service. Once your account has been setup, you may access the Service, as applicable. Upon completion of the registration process and acceptance of these Terms, Let’sFuel hereby grants you a limited, revocable, personal, non-exclusive, non-transferable, non- assignable, non-sublicenseable right to access and use the Service solely for your own purposes. You agree to provide all requested assistance to Let’sFuel in the implementation and functionality of the Service. You must be at least 18 years old to access and use the Service. You must be a resident of any country where the Service is made available by Let’sFuel.

These Terms only give you the right to access and use the Service. Let’sFuel reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Service only as expressly permitted in these Terms. In doing so, you must comply with any technical limitations of the Service that only allow you to use the Service in certain ways, and you agree to comply with all laws, rules, and regulations applicable to your use of the Service.

To the extent that you provide any information, including but not limited to personal information, to Let’sFuel or its representatives, you warrant that (i) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties and/or obtain from third parties on their behalf; and (ii) the use of such information by Let’sFuel and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties. You understand and agree that Let’sFuel will store or otherwise retain any data or information provided by you and that Let’sFuel and the Service will be acting as a conduit for any such information received under these Terms. Let’sFuel hereby disclaims any and all liability related to the use or transmission of such data or information in connection with the Service or these Terms. Your rights under these Terms will terminate automatically without notice from Let’sFuel if you fail to comply with these Terms. Upon termination, you shall immediately cease all use of the Service.

Payments and Fees

We charge a 3% service fee for all our deliveries to ensure the highest quality of service and convenience for our customers. This fee covers the operational cost associated with processing, secure, and timely delivery of your fuel. It allows us to maintain a reliable delivery infrastructure, invest in technology improvements, and compensate our delivery staff fairly. By charging a service fee, we can continue to offer a seamless and efficient delivery experience, ensuring that your products arrive promptly and in excellent condition. Please note that this fee is non-refundable and is separate from any delivery or additional charges.

Third-party Services

We may provide you with links to third-party websites or services that we do not own or control. Your use of the Service may also include the use and connection of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. For example, if you use Gmail to send email via the Service, your usage of the Service is also governed by Gmail’s own terms of service and privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service. If you discover or suspect any Service security breaches, please let us know as soon as possible in writing. Any transmission of information is at your own risk. By using our Service, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of our Service. 

No Refunds For Membership Fees

Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the Service through the end of your billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at Let’sFuel’s sole and absolute discretion. The provision of credits does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Cancellation Policy

You can cancel your Let’sFuel membership at any time, and you will continue to have access to the Service through the end of your billing period. To cancel, go to the ‘Profile’ tab of the Let’sFuel app, and select ‘Your membership’. There is an option to end membership benefits on that page. Follow the instructions to end your membership. You will receive an email confirmation following successful cancellation. 

Let’sFuel Materials

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, website, database, algorithms, analytics, information, and other content (excluding your content) (collectively, “Materials”). These Materials are owned by us or our licensors and are protected by U.S. and international intellectual property laws. Please see above for additional information governing your use of the Service.

Pursuant to these Terms, you are permitted to use such Materials solely in connection with the Service and for no other purpose. However, unless we expressly state otherwise, your rights do not include: (i) modifying or otherwise making any derivative uses of the Service or any portion thereof; (ii) using any data mining, robots or similar data gathering or extraction methods; (iii) downloading (other than page caching) of any portion of the Service or any information contained therein; (iv) reverse engineering or accessing the Service in order to build a competitive product or service; or (v) using the Service other than for its intended purposes. If you do any of these actions, we may immediately terminate your use of the Service and reserve the right to pursue legal action.

Hyperlinks and Third Party Content

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

Let’sFuel makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

If there is any content on the Service from you and others, we do not review, verify, or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy, or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

Warranties & Disclaimers

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION WITH REGARD TO SERVICE PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, DATA OR SYSTEM INTEGRITY, DATA ACCURACY, OR RESULTS THAT MAY BE OBTAINED FROM OR THROUGH THE SERVICE (INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH ANY LEGAL OR REGULATORY LAWS, RULES, OR REGULATIONS TO WHICH USER MAY BE SUBJECT) OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

Liabilities

IN NO EVENT WILL LET’SFUEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED OR CONSEQUENTIAL DAMAGES; OR (II) ANY DIRECT OR INDIRECT DAMAGES, INCLUDING ANY LOSS OF PROFITS OR INVESTMENT, LOSS OF BUSINESS, LOSS OF SAVINGS, CORRUPTION, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, OTHER ECONOMIC OR COMMERCIAL LOSS OR ANY OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO LET’SFUEL IN THE THREE (3) MONTH PERIOD PRIOR TO THE EVENT RISE TO THE FIRST CLAIM BROUGHT HEREUNDER OR ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS LESS. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN UNDER THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

You agree to indemnify and hold Let’sFuel harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) Let’sFuel incurs in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms. 

YOU EXPRESSLY WAIVE AND GIVE UP ALL RIGHTS AND BENEFITS UNDER CALIFORNIA CIVIL CODE SECTION 1542 AND ANY LAW OR LEGAL RULE OF SIMILAR EFFECT IN ANY OTHER STATE OR TERRITORY WITH RESPECT TO THE RELEASES GRANTED BY YOU UNDER THESE TERMS, INCLUDING BUT NOT LIMITED TO THE RELEASE OF UNKNOWN AND UNSUSPECTED CLAIMS GRANTED UNDER THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS: 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU AGREE TO RELEASE, HOLD HARMLESS AND WAIVE LET’SFUEL FOR ALL LEGAL CLAIMS, GRIEVANCES DEMANDS AND/OR RIGHTS AGAINST LET’S FUEL FOR ANY MISUSE, PROBLEMS, UNAVAILABILITY, CONTAMINATION, SPILLS, DAMAGE TO ENGINES, DAMAGE TO PROPERTY, FIRE, AND ANY OTHER DAMAGES CAUSED OR THAT MAY BE CAUSED BY THE GASOLINE DISPENSED BY LET’S FUEL.  THIS RELEASE INCLUDES THE DISPENSE OF THE INCORRECT OCTANAGE OF FUEL TO YOU. 

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the Commonwealth of Puerto Rico, without regard to conflicts of law principles.

Severability

These TERMS OF SERVICE shall remain in effect in the event a section or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable, thus, limiting the effect of another provision or section.  In such case, the affected provision or section shall be enforced as so limited.

Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LET’SFUEL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You and Let’sFuel agree to mediate any dispute arising from these Terms or your use of the Service, except that you and Let’sFuel are not required to mediate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. If the parties do not reach an agreement after mediation, they are free to present their claims in the state of federal courts of the Commonwealth of Puerto Rico, which will have exclusive jurisdiction over any claim arising out of the instant Terms. 

Any claim or cause of action arising out of or related to your use of the Service or under these Terms must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

Jurisdiction

A lawsuit, if any, by you or Let’sFuel against the other will occur in state or federal courts located in the Commonwealth of Puerto Rico. You and Let’sFuel agree that the jurisdiction and venue of these courts is exclusive. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Puerto Rico in connection with any such dispute including any claim involving Service.

Termination

If you breach any of these Terms, we have the right to immediately suspend or disable your access to or use of the Service.

Entire Agreement

These Terms constitute the entire agreement between you and Let’sFuel regarding the use of the Service, superseding any prior agreements between you and Let’sFuel relating to your use of the Service.

Feedback

Please let us know what you think of the Service, these Terms and, in general, Let’sFuel. When you provide us with any feedback, comments, or suggestions (“Feedback”) about the Service, these Terms and, in general, Let’sFuel, you irrevocably assign to us all of your right, title, and interest in and to such Feedback, including but not limited to any copyright, patent right, moral right, and all other intellectual property rights therein.

Miscellaneous

These Terms are not intended to create any relationship between you and Let’sFuel other than that of independent entities contracting with each other solely for the purpose of effecting the provisions under these Terms, and nothing contained herein shall be construed as creating any agency, employment, partnership, or joint-venture relationship between the parties.

Unless otherwise provided herein, any failure, neglect, or delay by a party in enforcing the provisions under these Terms or its rights at any time will not be construed as, and will not be deemed to be a waiver of, such party’s rights under these Terms and will not in any way affect the validity of these Terms in whole or in part or prejudice such party’s right to take subsequent action. Except as expressly stated herein, no exercise or enforcement by either party of any right or remedy under these Terms will preclude the enforcement by such party of any other right or remedy under these Terms, or any other right or remedy to which such party may be entitled at law or equity.

Contact

Questions or comments about the Service or Let’sFuel LLC. may be directed to us at the email address [email protected]. You may also write to:

Let’sFuel, LLC. PO Box 4265 Guaynabo, PR 00970