AGREEMENT TO TERMS AND CONDITIONS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Tanked LLC (“us”, “we” or “our”) concerning your access and use of our fuel delivery services. You agree that by accessing our Services, you have read understood and agree to be bound by all Terms and Conditions. If you do not agree with all Terms and Conditions, then you are expressly prohibited from using our Services and you must discontinue use immediately. Supplemental Terms and Conditions may be produced occasionally and are hereby expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Terms and Conditions at any time for any reason.

(1) Ownership

These Terms and Conditions apply to the Tanked LLC App and all associated sites linked to Tanked LLC by Tanked LLC, its subsidiaries and affiliates. This Application is the property of Tanked LLC of Manila, Arkansas. These Terms apply to all consumers. BY USING THE APP, YOU AGREE TO OTHESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS PLATFORM IN ANY WAY.

(2) Intellectual Property

By agreeing to These Terms and Conditions, users agree that Tanked LLC owns all included marks and ideas; that as a consumer the user shall not sell, modify, rent, loan, share, or distribute Tanked LLC’s content in any way; and that any consumer shall not use the material in any manner except for non-commercial, personal uses. Provided that you are eligible to use our Services, you are granted a limited license to access and download or print a copy of any portion of the Content to which you have properly gained access to solely for your personal, non-commercial use. The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable.

(3) Third Party

We may provide links to other websites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other website or third party. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software, or materials found at any other website it internet source. We may also integrate with third parties who will interact with you under their terms of service – such as Stripe for payment processing and Twilio for marketing text updates. By using such third parties – you agree to be bound by their Terms of Service.

(4) User Registration Clause

You may need to create an account to use all or part of the Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

Our Services are intended for users who are at least eighteen (18) years of age. Persons under the age of eighteen are not permitted to register for an account. A parent or guardian may add a minor’s vehicle to their subscription membership but shall be responsible for all issues and payment obligations associated with said account.

(5) Suspension & Termination

Termination by User – we’d hate to see you go, but you may terminate your account with Tanked LLC at any time from your account settings. Terminating your account will not affect the availability of some of your content. You will still be responsible for any outstanding balances. Termination by Tanked LLC – we may terminate or suspend your account and your access to the Services should we have reason to believe you, your content, or your use of the Services violate our Terms and Conditions. If your account is terminated by either method, you may lose information associated with your account.

(6) Pricing & Payment

You may purchase a Subscription directly from Tanked LLC or through a third party by paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. Pricing for a Subscription is dependent upon the tier level of the Subscription selected and number of vehicles included. Users may add additional vehicles to their Subscription but will be subject to an additional recurring fee per vehicle. Purchasing a Subscription is only related to the delivery fee and not related to the actual cost of fuel provided. If you purchase access to the Subscription through a third party (Stripe), separate terms and conditions with such third party may apply to your use of the Service in addition to these Terms. Consumers may choose an On-Demand fuel delivery that does not require a monthly subscription plan. Users choosing this option agree to be responsible for a delivery fee in addition to their final fuel costs per delivery. Please Note: Price of Fuel is subject to fluctuations dependent upon the market rate. Tanked LLC is not responsible for any changes in price, whether directly or indirectly, related to the expense of Fuel of the consumer and expressly states that no notice will be provided to any consumer of any fuel rate change other than then price of the fuel to be updated on the site and App.

(7) Delivery

Before you finalize your Order, you will be given various delivery options to choose from. Orders can be scheduled for up to seven (7) days in advance. Currently, our Services are only made available for delivery to the Jonesboro, Arkansas area. It is the discretion of the company to deny or refuse any delivery location at their discretion. Please Note: A Fuel Order requires a two (2) hour notice for Delivery.The location for fuel delivery can be modified up to one (1) hour before the scheduled delivery, so long as the updated location is still within the company’s service area. Orders can be scheduled for delivery between the hours of 9:00 a.m. and 8:00 p.m. By placing an Order, you agree to receive email or text message notifications on the status of the delivery of the Order.

(8) Preauthorization Charge

Two (2) hours prior to the consumer’s scheduled delivery, a preauthorization charge of $150.00 will be applied to the consumer's payment method on file. This preauthorization will be removed after the delivery is completed and the final fuel costs will then be charged.

(9) Cancellation

Orders can be cancelled up to two (2) hours prior to the consumer’s scheduled delivery time. Any Orders cancelled by the consumer after this time are subject to a ten-dollar ($10.00) cancellation fee.

(10) Limitation of Liabilities

Except where prohibited by law, in no event will Tanked LLC be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, damages to vehicles, or the like, even if Tanked LLC has been advised of the possibility of such damages.

(11) Governing Law

These Terms and Conditions and any dispute, claim, and / or controversy that in any way relates to or arises in connection with these Terms and Conditions or in your relationship with Tanked LLC as a user of our Service are governed by and shall be construed in accordance with the laws of the state of Arkansas. Further, you and Tanked LLC agree to the exclusive jurisdiction of the courts located in Arkansas, to resolve any dispute that is not subject to the mandatory arbitration clause and waive any jurisdictional, venue, or inconvenient forum objection to such courts. To the fullest extent permitted by applicable law, the parties agree to waive any right to a jury trial.

(12) Dispute Resolution

You agree that any dispute between you and Tanked LLC, whether based in contact, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms, will be determined by binding arbitration. This arbitration will survive termination of these Terms.

(13) Corrections & Inaccuracies

There may be information regarding the Services provided that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the information on the Services at any time, without prior notice. Tanked LLC reminds users that we are not liable for any mistakes or errors on our App or site.

(14) Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) use of our Services; (b) breach of these Terms and Conditions; (c) any breach of your representations and warranties set forth in these Terms and Conditions; (d) or your violation of the rights of a third party, include but not limited to intellectual property rights.

(15) Disclaimers & Warranties

THE TANKED LLC SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FURTHER, TANKED LLC AND ALL OWNERS OF THE CONENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING THE WARRANTIES OF SATISFACTION QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PROVIDED BY LAW. FURTHER, TANKED LLC IS NOT RESPONISBLE OR LIABLE FOR ANY DAMAGES CAUSED BY CONSUMER PURCHASING THE WRONG TYPE OF FUEL FOR THEIR VEHICLE – ANY FUEL SELECTION OR USAGE OF THE SITE IS THE SOLE LIABILITY OF THE CONSUMER. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

(16) Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding our Services provided by you to us are non-confidential and shall become our sole property.

(17) Contact

If you have any questions about the Terms and Conditions, please contact by email at support@gettankdar.com.