Terms and Conditions
—Date Last Modified: June 22, 2022
BY ACCESSING THE FUEL IT COURSES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY OF ITS TERMS, THEN YOU WILL NOT HAVE ANY LICENSE TO ANY FUEL IT COURSES. FUEL IT’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS OF THIS AGREEMENT; IF THESE TERMS ARE CONSIDERED AN OFFER BY FUEL IT, THEN ACCEPTANCE IS LIMITED TO THESE TERMS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FUEL IT.
If You are accepting this Agreement on behalf of a company, organization, government or other legal entity, you represent and warrant that (i) You are authorized to do so, and (ii) the entity agrees to be legally bound by this Agreement.
The FUEL it Courses and website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the FUEL it Courses and website are not intended to be used by individuals under the age of 18. If You do not qualify, please do not use or access the FUEL it Courses or website.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that FUEL it makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the FUEL it proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"System": means any online communications infrastructure that FUEL it makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by FUEL it and acting in the course of their employment;
"Website": means the website that you are currently using (elp.fuelit.us) and any sub-domains of this site (e.g. fuelit.mylearnworlds.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means FUEL it, a company incorporated in The United States with Company registration located at 3760 Rosedale, Memphis, TN 38111.
Subject to the terms and conditions of this Agreement, FUEL it grants You, subject to FUEL it's receipt of all appropriate license fees, a personal, restricted, time-limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and use the FUEL it Courses purchased by You solely Your personal or internal business purposes and solely from the LMS FUEL it (the “License”).
- 3.1 The License granted hereunder is personal to You. You may not transfer any of the rights granted to You under this Agreement, nor may You permit third parties, including but not limited to Your subsidiaries and affiliates, to benefit from the use or functionality of the FUEL it Courses. Any attempt by You to transfer any of the rights, duties or obligations hereunder is void and will be deemed a breach of this Agreement. The FUEL it Courses are licensed as a single product; they may not be shared or used by multiple users. A FUEL it Course may not be assigned to another person once You have enrolled in a FUEL it Course. Libraries and bundles of FUEL it Courses are available for a single user only and may not be separated or used by multiple users.
- 3.2 You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) use, copy, print, modify, adapt, create derivative works of, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, distribute, publicly perform, publicly display, or otherwise grant rights to the FUEL it Courses, or any copy thereof, in whole or in part, except as expressly provided in this Agreement; (ii) reverse engineer, disassemble, decompile, or translate the FUEL it Courses, or otherwise attempt to derive the source code, structural framework or the data records of the FUEL it Courses; (iii) loan or resell the FUEL it Courses, or any part thereof in any way including, but not limited to, making the FUEL it Courses available to any other person, including using on a service bureau or time sharing basis, via shared access to a computer network or access information, which may include the log-in name and password or other authentication data for the FUEL it Courses; (iv) remove any proprietary notices or labels from the FUEL it Courses; or (v) make copies of the FUEL it Courses, copy any printed materials or documentation accompanying the FUEL it Courses or give copies to another person, or duplicate the FUEL it Courses by any other means, including electronic transmission, except as specifically set forth herein. You may print one copy of an e-kit (student materials provided electronically) solely in accordance with the instructions provided to You regarding the specific e-kit transmitted to You. IN NO EVENT ARE YOU AUTHORIZED TO DOWNLOAD ANY FUEL it COURSES ONTO YOUR COMPUTERS, SERVERS OR OTHER DEVICES. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE FUEL it COURSES TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
- 3.3 You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) copy the LMS FUEL it or any part thereof; (ii) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code from the LMS FUEL it; (iii) write or develop any derivative or other software programs based, in whole or in part, upon the LMS FUEL it; (iv) interfere with or disrupt the integrity or performance of the LMSFUEL it or any data contained therein; (v) attempt to gain unauthorized access to the LMS FUEL it or its related data, systems or networks; (vi) publish or disclose to third parties any evaluation of the LMS FUEL it without FUEL it’s prior written consent; and/or (vii) perform vulnerability, load or any other test of the LMS FUEL it without FUEL it’s prior written consent.
The FUEL it Courses (including but not limited to all copyrights, patents, patent applications, trade secret rights, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other media incorporated into the FUEL it Courses) and the LMS FUEL it are the property of FUEL it or its licensors and suppliers and are protected by U.S. and international copyright and other intellectual property laws and treaties. The FUEL it Courses are licensed, not sold, to You for use only under the terms of this Agreement, and FUEL it reserves all rights not expressly granted to You. ShopTrainingCenter.com, the FUEL it Course names, and the FUEL it logo referenced in the FUEL it Courses are either trademarks or registered trademarks of FUEL it. Other product and company names mentioned in the FUEL it Courses are the trademarks of their respective owners. For clarification, You will have no ownership or other right, title or interest in and to the FUEL it Courses, including but not limited to any copyright and trademark rights, except as for the limited License to the FUEL it Courses purchased by You. You will indemnify FUEL it for any and all costs, expenses and damages incurred by FUEL it as a result of Your infringement of FUEL it'’s and its licensors’ intellectual property rights in or to the FUEL it Courses.
Every FUEL it Course has an expiration date. Unless indicated otherwise in the FUEL it Course, each FUEL it Course License will expire one (1) year after it is licensed by You. Your License to a FUEL it Course commences on the date You licensed the FUEL it Course from FUEL it (the date of online payment or the invoice date if not purchased online) and will terminate on the sooner to occur of: (i) the date You successfully complete the licensed FUEL it Course as evidenced by passing the final exam and/or being eligible for a certificate of completion; or (ii) the date the FUEL it Course License expires. You agree and understand that upon termination of the License, You will no longer be able to use or access the FUEL it Course You licensed. Sections 3 ("Restrictions"), 4 ("Ownership"), 17 ("Warranty Disclaimer"), 20 ("Limitation of Liability"), 25 ("Law and Jurisdiction") and 27 (“Modifications”) will survive termination of the licenses granted under this Agreement.
This Agreement will terminate with respect to a FUEL it Course License immediately without notice to You (i) upon Your License terminating pursuant to Section 4; or (ii) if You breach any term or condition of this Agreement. FUEL it reserves the right to modify or terminate any FUEL it Course or FUEL it services and/or product offerings at any time without notice to You. You may terminate a FUEL it Course License at any time by notifying FUEL it in writing. Upon receipt of notice of termination, the FUEL it Course License will terminate, and You will no longer be able to use or access such FUEL it Course. Further, in the event of a termination or expiration of any agreement between FUEL it and a third party supplier of a FUEL it Course, Your right to access and use such FUEL it Course will also terminate.
7. Third-Party Sources
You acknowledge that the FUEL it Courses may incorporate information that is proprietary to one or more third party(ies). Such third party(ies) and FUEL it suppliers are third party beneficiaries of this Agreement with the authority to enforce those portions of this Agreement that are relevant to the agreements they have with FUEL it directly against You.
8. Content Maintained by FUEL it
You acknowledge and agree that: (i) FUEL it may, from time to time, elect to update the FUEL it Courses, but FUEL it does not warrant or guarantee that any FUEL it Courses will be updated, or that any updates will be made available to You, at any time during the term of this Agreement; (ii) FUEL it does not assume, and expressly disclaims, any obligation to update and include any information in the FUEL it Courses; (iii) FUEL it is not advocating the use of any product described in the FUEL it Courses (or elsewhere), nor is FUEL it responsible for misuse of a product due to typographical or other errors in the FUEL it Courses, Your negligence or otherwise; (iv) You agree to seek additional information on any product from the manufacturer; and (v) You will use the content included in the FUEL it Courses only as a reference aid, and that such content is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in technology, You should confirm the content in the FUEL it Courses through independent sources.
9. Use of Communications Facilities
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of FUEL it or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that FUEL it reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that FUEL it may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1 Either FUEL it or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. Services, Pricing and Availability
- 12.1 While every effort has been made to ensure that all general descriptions of Services available from FUEL it correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to select the required Plan of Services.
- 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
13. Orders and Provision of Services
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between FUEL it and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 Relevant times and dates for the provision of the Services;
- 13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 FUEL it shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 13.8 FUEL it provides technical support via our online support forum and/or phone. FUEL it makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
14. Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you order from FUEL it. If you need to speak to us about your Order, then please contact customer care on [PHONE NUMBER], or by email at [email protected] or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between FUEL it and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: [email protected]. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
- 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
- 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
- 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
17. Warranty Disclaimer
- 17.1 THE FUEL IT COURSES ARE PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS." FUEL IT AND ITS AFFILIATES, AGENTS, DISTRIBUTORS, SUPPLIERS AND LICENSORS: (i) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE FUEL it COURSES PROVIDED HEREUNDER OR THAT YOUR USE OF THE FUEL it COURSES WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS OR FUNCTION IN ACCORDANCE WITH RELATED DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND PRODUCT CONFIGURATION; AND (ii) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE FUEL it COURSES IS ENTIRELY AT YOUR OWN RISK, INCLUDING THE RISK FOR SELECTING THE FUEL it COURSES TO ACHIEVE YOUR INTENDED RESULTS AND PERFORMANCE, AND FOR USE OF THE FUEL it COURSES. To the extent warranties cannot be disclaimed or excluded, they are limited to the duration of the minimum warranty period required by law.
- 17.2 JOB PLACEMENT DISCLAIMER. FUEL it does not guarantee job placement upon enrollment, use, or completion of any FUEL it Course.
18. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1 The Website is provided “as is” and on an “as available” basis. FUEL it uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FUEL IT NOR ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS WILL BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE FUEL it COURSES, OR FUEL IT'S PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, DAMAGES FROM LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES CAUSED BY THE INABILITY TO USE THE FUEL it COURSES, EVEN IF FUEL it, ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE.
- 9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUEL IT’S AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE FUEL it COURSES AND THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE FUEL it COURSE FROM WHICH SUCH LIABILITY AROSE. THE FOREGOING APPLIES NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
- 9.3 THIS LIMITATION OF DAMAGES SET FORTH HEREIN CONSTITUTES A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FUEL it AND YOU.
- 9.4 THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED. SOME COUNTRIES, STATES, JURISDICTIONS AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES, REPRESENTATIONS OR CONDITIONS. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS TITLED “WARRANTY DISCLAIMER” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE LIMITATIONS AND EXCLUSIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and FUEL it.
- 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
25. Law and Jurisdiction
- 25.1 GOVERNING LAW AND VENUE. This Agreement will be governed and interpreted in accordance with the laws of the state of Tennessee, exclusive of its choice of law rules, and where applicable, the laws of the United States of America. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, the jurisdiction and venue of the federal and state courts located in Shelby County, Tennessee (USA). The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded. Notwithstanding the foregoing, You or FUEL it may seek injunctive or other equitable relief to protect Your or FUEL it’s intellectual property (like copyrights and trademarks) in any court with competent jurisdiction.
- 25.3 WAIVER. The failure of either party to require strict performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any waiver of any right or provision herein will not be effective unless in writing and signed by authorized representatives of both parties.
- 25.4 ASSIGNMENT. You may not assign Your rights or obligations under this Agreement without the prior written consent of FUEL it, which FUEL it may refuse in its sole discretion. Any attempted assignment without prior written consent from FUEL it will be deemed null and void. FUEL it may assign its rights and/or obligations under this Agreement at any time. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
- 25.5 SEVERABILITY. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party's rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
- 25.6 COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between FUEL it and You, which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. Except as otherwise provided in this Agreement, any modifications must be in a writing signed by both parties by their duly authorized representatives. Section headings are used for convenience only and will in no way affect the construction or interpretation of this Agreement. This Agreement will be interpreted without application of any strict construction in favor of or against You or FUEL it.
- 25.7 REFUND POLICY. The FUEL it refund policy is located here, and is hereby incorporated into this Agreement.
- 25.8 NOTICES. You consent to receive electronically any communications from FUEL it. We may communicate with You through the email address specified in Your account or by posting notices on the FUEL it website. You agree that all agreements, notices, disclosures and other communications that are provided to You electronically satisfy any requirement that such communications be in writing. All notices from FUEL it intended for receipt by You will be deemed delivered and effective when sent to the email address You provide to FUEL it. Notices to FUEL it must be sent to: FUEL it [email protected], Attn: Chief Legal Officer, 3760 Rosedale Drive, Memphis, TN 38111.
- 25.9 FORCE MAJEURE. Except with respect to any payment to be made to FUEL it hereunder, neither party will be liable for any failure, deficiency or delay in the performance of its obligations under this Agreement due to any force majeure, which will include but not be limited to any storm, flood, fire, aircraft damage, explosion, electrical or communication line failure, disturbance, war or military action, acts of terrorism, Government act or administrative delay, equipment failure or non-delivery, inability to obtain materials or any cause or matter whatsoever not within the reasonable control of such party. In the event of such a force majeure, the affected party will be entitled to a reasonable extension of time for the performance of its obligations under this Agreement.
- 25.10 RELATIONSHIP. No agency, partnership, joint venture or employment relationship is created by this Agreement or Your use of the FUEL it Courses, and You do not have any authority of any kind to bind FUEL it in any respect whatsoever.
- 25.11 ENGLISH LANGUAGE. This Agreement is in the English language only, which language will be controlling in all respects. No translation, if any, of this Agreement into any other language for convenience or to meet local requirements will be of any force or effect in the interpretation of this Agreement or in determination of the interests of either party hereto. Furthermore, all correspondence, notices, claims, suits and other communication between the parties hereto will be written or conducted in English.
26. Grievance Procedure
If You are dissatisfied with the services that FUEL it has provided for You, You may direct Your written complaint, grievance, or dispute as follows:
• (a) First Level of Contact: Customer Service Department
• (b) Second Level of Contact: Manager, Customer Service Department
• (c) Top Level of Contact: Director, Sales and Customer Service Division
• (d) Address:
FUEL it - [email protected]
3760 Rosedale Drive
Memphis, TN 38111
Customer Service # 1-888-353-5488
• (e) Please provide a detailed explanation of Your issues including contact information where You can be reached. You will be contacted to discuss an agreeable resolution.
• (f) A different grievance procedure may apply to You if You are using the FUEL it Courses subject to a contract between Your organization and FUEL it or a FUEL it distributor. In that case You should contact the appropriate person within Your organization to inquire about the grievance procedure that applies to You.
FUEL it reserves the right, in its discretion, to change, modify, add to, or remove portions of the terms of this Agreement (collectively, “Changes”), at any time. FUEL it will notify You of Changes by sending an email to the address identified in Your account or by posting a revised version of the Agreement incorporating the Changes to FUEL it’s website. Your continued use of or access to FUEL it Courses following notice of the Changes or posting of the Agreement incorporating the Changes on the FUEL it website will mean that You accept and agree to the Changes. Such Changes will apply prospectively beginning on the date the Changes are posted to the FUEL it website.
THE FUEL it COURSES ARE PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
FUEL it, 2023. All Rights Reserved. FUEL it is a trademark used under license in the United States and other countries.
THE FUEL it COURSES ARE PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
FUEL it, 2023. All Rights Reserved. FUEL it is a trademark used under license in the United States and other countries.
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