Connected Consumer Fuel, LLC (“Connected Consumer Fuel” or “CCF”) provides: (1) a user account website that may be accessed at My Tanks (“Site”), (2) Smart Oil Services accessible through the Site (“Web App”), (3) software that may be downloaded to your smartphone, tablet, or other mobile device to access Smart Oil Services (“Mobile Apps”), all for use in conjunction with CCF hardware products and associated firmware (“Products”). The term “Smart Oil Services” means the Site, Web App, and Mobile Apps. Some CCF Products and Smart Oil Services can be used together or in ways that integrate with products and services from third parties.
These Terms of Service (“Terms” or “Agreement”) govern your access to and use of the Smart Oil Services and Products. Please read these terms carefully. The term “you,” as used in these Terms, means any person or entity who accesses or uses the Smart Oil Services or Products and any person or entity who creates an Account (as defined below) and accepts these Terms, including Owners and Authorized Users (as defined below). These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. THE DISCLAIMERS, EXCLUSIONS, LIMITATIONS OF LIABILITY, INDEMNIFICATION, WAIVER OF JURY TRIAL, WAIVER OF CLASS ACTION AND WAIVER OF PUNITIVE DAMAGES UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
THESE TERMS ARE A LEGAL AGREEMENT. BY ACCEPTING THESE TERMS THROUGH A SITE, WEB APP OR MOBILE APP, OR BY ACCESSING AND USING THE SMART OIL SERVICES (INCLUDING THE SITE) OR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SMART OIL SERVICES AND PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT (AS DESCRIBED BELOW) AND CEASE ACCESSING OR USING THE SMART OIL SERVICES AND PRODUCTS.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SMART OIL SERVICES AND OF THE PRODUCTS CONNECTED TO THE SMART OIL SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SMART OIL SERVICES AND PRODUCTS.
3. Eligibility for Services
You may use the Smart Oil Services and Products only if: (i) you have the legal capacity to form a binding contract with Consumer Connected Fuel; (ii) you accept these Terms through a Site, Web App or Mobile App, or by accessing or using the Smart Oil Services or Products; and (iii) only if you are in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Only individuals age 18 and older are permitted to act as Owners of CCF Accounts. (ii) If you are an Authorized User, you represent and warrant that you are over the age of 13 (or equivalent minimum age in the jurisdiction where you reside), and in the event you are between the age of 13 (or equivalent minimum age in the jurisdiction where you reside) and the age of majority in the jurisdiction where you reside, that you will only use the Smart Oil Services and Products under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Any use or access to the Smart Oil Services and Products by individuals under the age of 13 (or equivalent minimum age in the jurisdiction where you reside) is strictly prohibited and is a violation of these Terms. The Smart Oil Services and Products are not available to any users previously prohibited from using the Smart Oil Services and Products by CCF.
4. Term and Termination
These Terms will remain in full force and effect so long as you continue to access or use the Smart Oil Services or Products, or until terminated in accordance with the provisions of these Terms. At any time, CCF may (i) suspend or terminate your rights to access or use the Smart Oil Services, or (ii) terminate these Terms with respect to you if CCF in good faith believes that you have used the Smart Oil Services or Products in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Smart Oil Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Smart Oil Services under your Account (as described below) and will need to register for a separate Account with CCF and accept these Terms.
Upon termination of these Terms, your Account and your right to use the Smart Oil Services will automatically terminate.
5. Accounts, Owners, and Authorized Users
To use the Smart Oil Services and certain Products, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Smart Oil Services and Products will not violate any United States or other applicable law or regulation. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use strong passwords with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Connected Consumer Fuel of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Connected Consumer Fuel is not liable for any loss or damage arising from your failure to comply with the above requirements.
The individual who creates an Account is the “Owner” of that Account and is the Owner of the Products associated with that Account. Individuals who are authorized to access an Owner’s Products and Smart Oil Services are “Authorized Users.” Authorized Users are responsible for their own actions in connection with the Products and Smart Oil Services, but Owner also hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Smart Oil Services and Account.
6. Access to Smart Oil Services
Subject to these Terms, Connected Consumer Fuel grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Smart Oil Services by (i) using the Web App in connection with, and solely for the purpose of, controlling and monitoring the Products you own or are authorized to control and monitor or otherwise accessing a service explicitly provided by Connected Consumer Fuel for your use (the “Permitted Purpose”); and (ii) installing and using the Mobile Apps solely on your own handheld mobile devices (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose.
7. Automatic Software Updates
Connected Consumer Fuel may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Smart Oil Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Smart Oil Services and the Products. If you do not terminate a previously-created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Smart Oil Services and the Products and you agree to promptly install any Updates CCF provides. Your continued use of the Smart Oil Services and the Products is your agreement to: (i) these Terms with respect to the Smart Oil Services and Products, and (ii) any change or updates that CCF may make to these Terms over time.
8. Third-Party Products and Services
9. Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Smart Oil Services or Products; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Smart Oil Services or Products; (iii) you agree not to access the Smart Oil Services or Products in order to build a similar or competitive service or product; (iv) except as expressly stated herein, no part of the Smart Oil Services or Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Smart Oil Services, the Products, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Smart Oil Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Smart Oil Services by means other than through the interface that is provided by CCF; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Smart Oil Services or Products. Any future release, update, or other addition to functionality of the Smart Oil Services shall be subject to these Terms.
CCF cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
CCF reserves the right, at any time, to modify, suspend, or discontinue the Smart Oil Services or any part thereof with or without notice. You agree that CCF will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Smart Oil Services or any part thereof.
12. Access outside the United States
Although the Site is accessible worldwide, the Smart Oil Services are designed only for use in the United States. If you choose to install the Products and/or use the Smart Oil Services outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. To the extent permissible by law, Connected Consumer Fuel accepts no responsibility or liability for any damage or loss caused by your installation and use of Smart Oil Services and Products outside the United States.
13. Agreed Usage and Limitations of Smart Oil Services
(a) Intended Use of Smart Oil Service. The Smart Oil Services are intended to be accessed and used for non-time-critical information relating to the Product. While we aim for the Smart Oil Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. The Service is subject to sporadic interruptions and failures for a variety of reasons beyond CCF’s control, including Internet connectivity, Wi-Fi intermittency and availability, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that CCF is not responsible for any damages allegedly caused by the failure or delay of the Smart Oil Services to reflect current status or notifications.
(b) Reliability of Information. You acknowledge that the Smart Oil Services, including remote access and information, are not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive information in any given time or at all. The Product is intended for indoor use only. The Product should not be substituted for periodic checking of the oil level, especially in freezing conditions. For frozen pipe or flooding protection, you acknowledge that you should install a security system that functions during power-outages, can sense low temperatures, and can signal an alarm. Connected Consumer Fuel accepts no liability for damages to premises or equipment due to oil run out or inaccurate readings. YOU AGREE THAT YOU WILL NOT RELY ON THE SMART OIL SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. INFORMATION FROM CONNECTED CONSUMER FUEL IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY – IT IS NOT A SUBSTITUTE FOR A NOTIFICATION SYSTEM ACTIVELY MONITORED BY A THIRD PARTY.
(c) Temporary Suspension of Service. The Smart Oil Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. CCF does not offer any specific uptime guarantee for the Smart Oil Services.
(d) System Requirements. The Smart Oil Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned and configured to communicate reliably with the Product; (ii) an Account; (iii) mobile clients such as a supported phone or tablet; (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by CCF. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Smart Oil Services may not work as described when the requirements and compatibility have not been met.
(e) Energy Savings and other Benefits. Connected Consumer Fuel does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Product or Smart Oil Services or any feature thereof. Actual energy savings and monetary benefits vary with factors beyond CCF’s control or knowledge.
(f) Materials on the Site. In no event shall Connected Consumer Fuel or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Site, even if CCF or an authorized representative of CCF has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
(g) Installation, testing, and use; Batteries. It is your responsibility to install and use the Products and Smart Oil Services pursuant to the applicable manual and instructions. IF A PRODUCT IS NOT PROPERLY INSTALLED, OR IF COMMUNICATION WITH A PRODUCT IS HINDERED OR OBSTRUCTED BY WALLS, FURNITURE, PERSONAL PROPERTY OR OTHER THINGS, YOU MAY EXPERIENCE FALSE NOTIFICATIONS OR DETECTION FAILURES. It is your responsibility to test the Products once installed to be sure the Products (and any related sensors and components) are functioning and communicating as intended and designed, and then regularly test and maintain the Products after installation. Check batteries regularly. It is your responsibility to replace any batteries for the Products, when necessary. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS MAY NOT FUNCTION OR PROPERLY FUNCTION IF BATTERIES NEED REPLACEMENT.
14. Limitations of the Smart Oil Services Due to Third Parties
You acknowledge that Connected Consumer Fuel uses third-party service providers to enable some aspects of the Smart Oil Services – such as, for example, data storage, synchronization, and communication through Amazon Web Services, and mobile device notifications through mobile operating system vendors and mobile carriers. These third-party products and services are beyond CCF’s control, but their operation may impact or be impacted by the use and reliability of the Smart Oil Services.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Google Play app market from Google (each an “App Store”). You acknowledge that these Terms are between you and CCF, and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from it. You agree to comply with, and your license to use the mobile applications is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
15. Ownership and Intellectual Property
You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Products and Smart Oil Services (i.e., the Sites, Web App, and Mobile Apps) are owned by CCF or its affiliates or our licensors. Your possession, access, and use of the Product and Smart Oil Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. CCF and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Smart Oil Services are licensed to you, not sold, under these Terms.
You may only copy parts of the Smart Oil Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Smart Oil Services in any other public or commercial way nor may you copy or incorporate any of the content of the Smart Oil Services into any other work, including your own web site without the written consent of CCF. You must have a license from us before you can post or redistribute any portion of the Smart Oil Services. CCF retains full and complete title to all content on the Smart Oil Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Smart Oil Services or any content therein.
16. Warranty Disclaimers
THE SMART OIL SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND CCF AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
CCF MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SMART OIL SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CCF OR THOUGH THE SMART OIL SERVICES SHALL CREATE ANY WARRANTY.
CCF DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SMART OIL SERVICES, INCLUDING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THEIR PRODUCTS OR SERVICES.
THE SMART OIL SERVICES MAY PROVIDE YOU INFORMATION REGARDING YOUR PRODUCTS (“PRODUCT INFORMATION”). WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, CCF does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
You agree to defend, indemnify, and hold Connected Consumer Fuel and its licensors and suppliers harmless from any damages, liabilities, claims, or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of Smart Oil Services and Products, (ii) your violation of these Terms, (iii) feedback you provide; or (iv) your violation of any law or the rights of any third party. CCF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CCF and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without CCF’s prior written consent. CCF will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
18. Limitation of Liability
Nothing in these Terms and in particular within this "Limitation of Liability" section shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) CONNECTED CONSUMER FUEL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SMART OIL SERVICES AND PRODUCTS, EVEN IF CCF KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) CCF’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SMART OIL SERVICES AND PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO CCF FOR THE SMART OIL PRODUCTS AND SERVICES IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CONNECTED CONSUMER FUEL DISCLAIMS ALL LIABILITY OF ANY KIND OF CCF’S LICENSORS AND SUPPLIERS.
(a) Changes to these Terms. CCF reserves the right to make changes to these Terms. should ensure that you have read and agree with the most recent Terms when you use the Smart Oil Services and Products. Continued use of the Smart Oil Services and Products following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. IF YOU DO NOT AGREE WITH ANY OF THE CHANGES TO ANY OF THE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT AND CEASE ACCESSING OR USING THE SMART OIL SERVICES AND PRODUCTS.
(b) Governing Law. These Terms are governed by the laws of the State of Connecticut without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Fairfield County, State of Connecticut for the purpose of litigating all such claims or disputes.
(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, CCF may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
(d) Entire Agreement; Severability. These Terms constitute the entire agreement between you and Connected Consumer Fuel regarding the use of the Smart Oil Services and the Products. Any failure by CCF to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(e) Survivability. The obligations in Sections 9, 13, 15, 16, 17, 18, and 19 will survive any expiration or termination of these Terms.
(f) Copyright/Trademark Information. Copyright © 2018, Connected Consumer Fuel, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Smart Oil Services and the Products are the property of CCF or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of CCF or such respective holders. CCF reserves the right to alter product and Smart Oil Services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents.
(g) Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
(h) Successors and Assigns. This Agreement is binding upon each parties’ respective successors and assigns.