End-User License Agreement
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using the mobile applications provided by The NOW Network, LLC (NOW, “FuelNOW”) (each, an “Application”).
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and NOW and it governs your use of the Application made available to you by The NOW Network, LLC.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
The Application is licensed, not sold, to you by NOW for use strictly in accordance with the terms of this Agreement.
NOW grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your internal business purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- copy or use the Application for any purpose other than as permitted under the above section ‘License’.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application, or
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Now or its affiliates, partners, suppliers or the licensors of the Application.
Access and Use of the Services
- User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). 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, unless a specific Service permits otherwise. Account registration requires you to submit to NOW certain personal information, such as your name, address, mobile phone number, age, driver license information, etc. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired driver’s license or insurance certificate on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by NOW in writing, you may only possess one Account.
- User Requirements and Conduct. You are responsible for all activity occurring on your Account. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to provide, or receive, transportation or logistics services via the Application. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., abiding by all legislative law and best practices in the transport of products, such as Hazardous Materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
- Text Messaging and Telephone Calls. You agree that NOW may call or text message (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an NOW account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services, and you can revoke your consent at any time.
- Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. NOW does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of NOW.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to NOW with respect to the Application shall remain the sole and exclusive property of NOW.
NOW shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
NOW reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
NOW may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that NOW has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that NOW shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. NOW does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or NOW.
NOW may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
You may also terminate this Agreement by giving written notice of termination to NOW via email to email@example.com and by deleting the Application and all copies thereof that are in your possession.
Upon termination of this Agreement by either party for any reason, you shall cease all use of the Application and delete all copies of the Application that are in your possession.
Termination of this Agreement will not limit any of NOW’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold NOW and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The entire liability of NOW and any of its suppliers and/or licensors arising out of related to your use of the Application shall not exceed the amount actually paid by you for your use of the Application.
To the maximum extent permitted by applicable law, in no event shall NOW or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, or for any damages for loss of profits, for loss of data or other information, for business interruption, for cost of procuring substitute goods or services, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if NOW or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Limitation of Liability
We may occasionally update this policy. If you use our services after an update, you consent to the updated policy.
We may occasionally update this policy. If we make significant changes, we will notify you of the changes through the NOW apps or through others means, such as email. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy.
We encourage you to periodically review this policy for the latest information on our privacy practices. We will also make prior versions of our privacy policies available for review.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
For U.S. Government End Users
The Application and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.
In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
NOW reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Texas, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.
The Agreement constitutes the entire agreement between you and NOW regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and NOW.
You may be subject to additional terms and conditions that apply when you use or purchase other NOW’s services, which NOW will provide to you at the time of such use or purchase.