Terms of service

G FUEL TERMS & CONDITIONS OF SERVICE

Last Updated: November 11, 2022

Welcome to G Fuel! G Fuel, LLC d/b/a Gamma Labs (“we”, “us”, “our”, or “G Fuel”) are pleased to provide you with access to our “Services,” which means, collectively, (i) our website https://gfuel.com/ and its related domains (“Site”), (ii) our GFUEL device application(s), (iii) any email notifications or other mediums, or portions of such mediums, through which you have accessed these Terms of Service (these “Terms”), and (iv) any information, data, material, and content viewable on, contained in or downloadable from any of the foregoing. Capitalized but undefined terms in these Terms will have the meanings ascribed to them in our Privacy Policy.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services or by clicking to accept or agree to these Terms when this option is made available to you, you agree to be bound by these Terms. If you do not agree to all the terms and conditions in these Terms, then you may not access or use the Site or any of our other Services. Any new features or tools which are added to our Services shall also be subject to these Terms.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS. 

WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO OUR SERVICES (IN WHOLE OR IN PART) IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, IF WE BELIEVE YOUR USE OF ALL OR ANY PORTION OF OUR SERVICES WILL REFLECT POORLY ON US, OUR SERVICES OR OUR GOODWILL, OR IF WE OTHERWISE DEEM YOUR USE OF OUR SERVICES TO BE ILLEGAL OR OTHERWISE INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.

  1. Changes to these Terms

We may revise and update these Terms (including our Privacy Policy and Shipping & Returns Policy) from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access our Services so you are aware of any changes, as they are binding on you.

 

  1. General Conditions
You acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with our Services. You represent and warrant that you have the capacity to be bound by these Terms.
 
By using our Services, you represent that you are at least the age of majority in your state or territory of residence, and, if applicable, you have given us your consent to allow any of your minor dependents to use our Services. We reserve the right to refuse our Services to anyone for any reason at any time.

 

  1. Accuracy and Completeness of Information

The information presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other third party, or by anyone who may be informed of any of its contents.

 

  1. Product and Service Information

Certain products or services may be available exclusively online through the Site or our other Services. These products or services may have limited quantities and are subject to our Shipping & Returns Policy. Prices for our products are subject to change at any time without notice to you. We reserve the right at any time to modify or discontinue our Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.

 
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice to you, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on or through our Services is void where prohibited.
 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you on or through our Services will meet your expectations, or that any errors in our Services will be corrected. All material and information presented by us is intended to be used for personal, or informational purposes only. The statements and products sold through us are not intended to diagnose, treat, cure or prevent any condition, illness or disease.
 
All products should be used strictly in accordance with their instructions, directions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of our Services is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received via our Services before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and our Services do not replace any medical professional or medical resource. We do not represent to be a physician nor is this implied.

 

  1. Purchases
We reserve the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. We do not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on our Services will match the actual product that you receive. If a product described on our Services is not as described when you receive it, or the packaging on our Services does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Shipping & Returns Policy. Please be aware that prices, availability and other purchase terms are subject to change without prior notice.
 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

Coupon Codes may be revoked or modified by us at any time without notice. G Fuel is not responsible for lost or stolen packages that have a confirmed delivery to the address entered for an order.
For more detail, please review our Shipping & Returns Policy.

 

  1. Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site or using our Services. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.
 
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with your account or purchase. We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
 
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of it using your username, password, or other security information. You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your device(s) or account. You agree to accept responsibility for any and all activities or actions that occur under your account or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or billing information. You may not use the billing information or identity of another person or entity without proper prior authorization.

 

  1. Third-Party Services
You acknowledge and agree that: (i) one or more of the functionalities or services available on or via our Services may be made available by third parties (“Third-Party Service Providers” and such functionalities or services, “Third-Party Services”); (ii) certain aspects of our Services rely on API integration for certain features and functions, but that API integration has its own inherent level of unpredictability and inconsistency that is out of our control, and that as such we will have no liability for downtime of any of our Services caused by API integration failures; (iii) Third-Party Service Providers may impose restrictions on use of the particular Third-Party Service, in addition to other terms and conditions, including without limitation, those set forth in any applicable terms and conditions agreed to by or otherwise made available to you (collectively, “Third-Party Requirements”); (iv) you are solely responsible for compliance with, and will ensure that you comply with, all Third-Party Requirements; and (v) we may at any time terminate and/or discontinue any Third-Party Services, including as a result of termination of our relationship with the applicable Third-Party Service Provider.
 
You may use our Services to watch live esports at https://gfuel.com/pages/watch-esports  (the “Theta Page”), which is powered and hosted through a Third-Party Service Provider (currently Theta.tv). Theta.tv’s terms of service and support pages can be found here: https://legacy.theta.tv/terms-of-service and  https://support.theta.tv/hc/en-us.  

We are not responsible for the privacy policies, terms and conditions, practices or the content of third parties, including those of our Third-Party Service Providers. All information that you disclose to such third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them. If you have any questions about how these third parties use your information, you should review their policies and contact them direct.

  1. Third-Party Links
Certain content, products and services available via our Services may include materials from third parties.
Third-party links on our Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party's terms and conditions, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

  1. Our “GFUEL” Application

Aspects of our Services include access and other capabilities in connection with or otherwise relating to our GFUEL application(s) (collectively, “App Services”).

a.  Certain Acknowledgements. By using our App Services, you: (i) acknowledge that these Terms are between you and us and not with Apple, Inc., Google, Inc. or any other third-party; (ii) agree not to use or manipulate our App Services on your computer, mobile or other device while driving or operating any other heavy machinery; (iii) acknowledge that certain parts of our App Services may require internet/data connection, phone service, data access or text messaging capability. Except as otherwise noted, carrier rates for internet/data, phone, data and text messaging will apply; and (iv) acknowledge that we may, in our sole discretion and at any time, change, suspend, remove or disable access to content or other materials comprising part of our App Services at any time without notice. In no event will we be liable for making these changes. We may also impose limits on the use or access of certain features or portions of our App Services, in any case without notice or liability.
b. Scope of License. Any App Services made available by us to you are licensed, not sold, to you. Your license to the App Services is subject to your prior acceptance of these Terms and you agree that these Terms will apply to the App Services that you license. We reserve all rights in and to any App Services not expressly granted to you under these Terms. The license granted to you for any of our App Services is a limited, non-exclusive and nontransferable license to: (i) download, install and use the App Services for your personal, non-commercial use on a single, compatible device that you own or control (“Device”), as permitted by these Terms and subject to any additional rules and restrictions imposed upon you by third parties, such as rules and restrictions imposed by your mobile device provider and your application store provider (“Third-Party Rules”); and (ii) access, stream, download and use on such Device and our products or services made available in or otherwise accessible through the App Services, strictly in accordance with these Terms. For the avoidance of doubt, this license does not allow you to use any App Services on any Device that you do not own or control, and you may not distribute or make any App Services available over a network where it could be used by multiple devices at the same time. If you sell or otherwise transfer your Device to a third party, you must remove any App Services from the Device before doing so.
c.  Updates. We may, at any time and from time to time with or without notice to you, in our sole discretion develop and provide App Services updates, which may include upgrades, bug fixes, patches and other error corrections or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the Internet either: (i) the App Services will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You must promptly download and install all Updates and acknowledge and agree that the App Services or portions of such App Services may not properly operate should you fail to do so. The terms of this license will govern any Updates, unless such Update is accompanied by a separate license in which case the terms of that license will govern.
d. Termination. The license to use these App Services is effective until terminated by you or us. You may terminate this license by deleting the App Services and all copies of such App Services from your Device. We may terminate this license at any time for any or no reason without notice. Additionally, this license will terminate automatically without notice from us if you fail to comply with any term of these Terms. Upon termination of this license, you will cease all use of such App Services and destroy all copies, full or partial, of such App Services. Any termination of this license will not limit any of our rights or remedies available at law or in equity.
e. Consent to Use of Data. Without limiting the generality of our Privacy Policy, You acknowledge that, when you download, install or use any App Services, we may collect and use: (i) automatic means (including, for example, Cookies and web beacons) to collect information about your Device and about your use of the App Services; and (ii) technical data and related information that is gathered periodically to facilitate the provision of software updates, product support and other App Services to you (if any) related to the App Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App Services or certain of its features or functionality. All information we collect through or in connection with App Services is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through our App Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

  1. Privacy

Any information you give us will be stored and used in accordance with our Privacy Policy. By indicating your acceptance of these Terms, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

 

  1. Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or via our Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Site, on or through our Services, or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site, in our Services, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, in our Services, or on any related website, should be taken to indicate that all information on the Site, in our Services, or on any related website has been modified or updated.

 

  1. Prohibited Uses

In addition to other prohibitions set forth in these Terms, you shall not use the Site or our Services: (i) for any unlawful purpose (including fraud); (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Services or of any related website, other websites, related websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose. 

 

In addition to other prohibitions as set forth in these Terms, you shall not: (xi) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works based on the whole or any part of our Services, for any purpose whatsoever, or download images of the products for sale on or through our Services; (xii) modify, adapt, improve, or create any derivative work from the Site or any part thereof or permit our Services or any part thereof to be combined with or become incorporated in any other programs; (xiii) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of us or our affiliates, partners, or suppliers; (xiv) use our Services in a manner that derives revenue directly from our Services, or use our Services for any other purpose for which it is not designed or intended; (xv) use our Services for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for our Services, products, or software offered by us; (xvi) use our Services to send automated queries to any website or to send any unsolicited commercial e-mail; (xvii) circumvent, disable or tamper with any security-related components or other protective measures applicable to our Services or your device; (xviii) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, or transfer the Site or our Services; (xix) copy or distribute any content presented in or provided by our Services, including, without limitation, for commercial purposes, including any text, images, audio, and video; (xx) rent, lease, sub-license, loan, distribute, time-share, or translate the Site or our Services in any way; (xxi) sell, resell, or exploit our Services in whole or in part (including object and source code), in any form to any person or entity; or (xxii) use our Services in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users, or restrict or inhibit any other user from using our Services. 

 

We reserve the right to terminate your use of the Site or our other Services for committing any of the prohibited uses.

 

  1. Content, Ownership, Limited License and Rights of Others
a. ContentThe Site and our Services contain a variety of: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site and our Services, and the compilation, assembly, and arrangement of the materials of the Site and our Services and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including our trademarks; and (iii) other forms of intellectual property (all of the foregoing collectively, “Our Content”).

b. Ownership. Our Services (including past, present, and future versions) and Our Content are owned by us, our licensors or certain other third parties. All right, title, and interest in and to Our Content available via our Services is the property of us or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. We own the copyright in the selection, compilation, assembly, arrangement, and enhancement of Our Content on the Site and our other Services.

c. Limited License. We grant you a limited license to access and make personal use of the Site and Our Content only for noncommercial purposes and only to the extent such use does not violate these Terms. This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us or Our Content providers. The Site and our Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of us without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Site or our other Services. You may use the Site and our other Services only as permitted by law. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, Our Content, and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.

 

d. Rights of Others. When using our Services, you must respect the intellectual property and other rights of us and others. Your unauthorized use of Our Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via our Services, then please see Section 15

e. Feedback. We will own and retain all right, title and interest in and to any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the subject matter of these Terms (collectively, “Feedback”). Any improvements, enhancements or other modifications created, prepared, produced, authored, edited, amended, conceived or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Feedback are and will remain our sole and exclusive property.
  1. Your User Content

Our Services may provide functionality enabling you to make available your own comments and content. When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available any comments, suggestions, ideas, inquiries, data, text, software, music, audio files, photographs, graphics, images, videos, messages, ideas, suggestions or other materials ("User Content") on or through our Services, you are entirely responsible for such User Content. You understand you are participating in a public forum and that any User Content that you submit to us, or on or through our Services may be available to all other users. We do not endorse any User Content, nor any opinion, representation, recommendation or advice contained therein, and we expressly disclaim any and all liability in connection with User Content submissions.

As to all User Content that you submit, you warrant that:

a. you are either the User Content's sole author and owner of all intellectual property rights therein, or you possess all necessary rights, releases, consents and/or licenses to enable and authorize you and our use of the User Content on or through our Services (and elsewhere) as provided hereunder; and

b. any User Content that you submit is: (i) not false, defamatory, obscene or misleading, (ii) does not violate any right of any other person or entity, or any applicable law or ordinance, (iii) does not contain any computer viruses, malware or other potentially harmful electronic files, or any material intended to disrupt, alter, damage or destroy any part of our Services, (iv) does not contain any unauthorized advertising, and (v) not, or would not reasonably be considered to be, harmful, defamatory, bullying, libelous, vulgar, obscene, pornographic, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation.

You grant us a royalty-free, perpetual, worldwide, unlimited, nonexclusive, irrevocable, license to use, copy, publish, distribute, modify, edit, create derivative works from, translate and display any User Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that we are free to use any User Content for any purpose, including but not limited to the Site, our e-mails, social media posts, media content or promotional materials. We shall be under no obligation to preserve or pay compensation for use of any User Content. You further grant to us the right to use your name in connection with any such User Content, but we shall not be obligated to attribute any of your User Content to you. You warrant that all User Content that you submit shall comply with the Federal Trade Commission's Guides on the Use of Endorsements and Testimonials in Advertising, including but not limited to your disclosing if you have received any incentive or compensation for submitting User Content to us.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.

We shall not be responsible for evaluating your User Content, and we do not assume any responsibility or liability for User Content. We do not endorse or control the User Content transmitted or posted on or through our Services and do not warrant its accuracy, integrity or quality. You acknowledge that by using our Services, you may be exposed to User Content that is offensive, indecent or objectionable to you. You hereby waive all rights to any claims against us of any type arising out of your use of our Services or any User Content that you may encounter on or through our Services. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

  1. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable Law.

a. Notification. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA"), your written notice (the "DMCA Notice") must include substantially the following:

      • Your physical or electronic signature.
      • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Services, a representative list of such works.
      • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
      • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
      • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
      • A statement that the information in the written notice is accurate.
      • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective. Additionally, please be aware that, if you knowingly materially misrepresent that material or activity on our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

b. Counter Notification Procedures. If you believe that material you posted on our Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our Copyright Agent. Pursuant to the DMCA, a Counter-Notice must include substantially the following:

      • Your physical or electronic signature.
      • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
      • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
      • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
      • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Services may be found) and that you will accept service from the person (or an agent of that person) who provided our Services with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

c. Copyright Agent. Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is:

Attn: Legal Department
100 Wireless Blvd
Hauppauge, New York 11788-3955

 

  1. Other Terms and Conditions Additional terms and conditions may also apply to specific portions, services, products, or features of or in our Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

 

  1. Consent To Electronic Communication By using our Services, you agree to allow us to communicate with you electronically, and you consent to electronic delivery of notices, documents, and other materials from us or via our Services or e-mail. If you have an account, you also agree to check your account for alerts and messages, and the e-mail account reflected on your account on a reasonably regular basis to stay apprised of important notices and information about your account.

 

  1. DISCLAIMER OF WARRANTIES

 

YOUR USE OF OUR SERVICES, INCLUDING THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND ANY SITE-RELATED SERVICE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING THE SITE, ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE SITE AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, MEMBERS, MANAGERS, AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SAME.

 

NEITHER WE NOR OUR LICENSORS, AND OTHER RELATED PARTIES, OR THEIR RESPECTIVE OFFICERS, AGENTS, MEMBERS, MANAGERS, REPRESENTATIVES, AND EMPLOYEES MAKE ANY REPRESENTATION OR WARRANTY THAT: (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FROM THE SITE OR OUR SERVICES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE; (iv) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (v) THE QUALITY OF ANY SERVICES, PRODUCTS, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR OUR OTHER SERVICES WILL MEET YOUR EXPECTATIONS; OR (vi) ANY ERRORS IN OUR SERVICES, INCLUDING THE SITE OR SOFTWARE WILL BE CORRECTED.

 

  1. MEDICAL DISCLAIMER

 

Statements on or through our Services have not been evaluated by the US Food and Drug Administration. The products sold on or through our Services are not intended to prevent, cure, treat or diagnose any disease or illness, or for those with a medical condition, pregnant or nursing. Please contact product manufactures for more information on each product before placing your order with us. Manufactures are responsible for their products, and you should contact the manufacturer directly with any concerns. We are not responsible for any statements or claims that manufacturers make about their products.

 

You should contact your physician before purchasing any of the products on or through our Services. The information provided on or through our Services is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. We are not responsible for any statements or claims that various manufacturers make about their products. IF YOU ARE AWARE OF ANY HEALTH ISSUES OR DO NOT FULLY UNDERSTAND THE PRODUCT YOU ARE ABOUT TO PURCHASE, THEN YOU MUST CEASE USE OF OUR SERVICES AND CONTACT YOUR DOCTOR!

 

  1. LIMITATION OF LIABILITY

a. IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OF OUR SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF OUR SERVICES, IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, THE SITE; (iii) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF YOUR DATA, OR A BREACH OF DATA OR SYSTEM SECURITY; OR (iv) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

b. IN NO EVENT WILL WE OR ANY OF OUR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED AS A RESULT OF YOUR USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION, FINANCIAL LOSS, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT AVAILABLE BY OR AS A RESULT OF YOUR USE OF OUR SERVICES.

c. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF OURS AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US IN CONNECTION WITH THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

d. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. In the event that the foregoing is determined or held to be inapplicable or unenforceable by any court, Arbitrator, arbitration panel or other tribunal, then the statute of limitations for the State of New York will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.

 

  1. DISPUTES: ARBITRATION AGREEMENT, AND CLASS WAIVER

 

Please read this section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

 

21.1       Agreement to Binding Arbitration

 

Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our Services and upon which you rely. You may seek to resolve any customer concerns through our support services at legal@gfuel.com or send the written description by U.S. Mail to 100 Wireless Blvd, Hauppauge, New York 11788-3955; Attn: Legal Department. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.

 

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us on an individual basis in arbitration, as set forth in this Section 21. You and we agree that any disputes between us (including any disputes between you and a third-party agent of G Fuel) will be resolved through binding and final arbitration and not in a court. This includes, but is not limited to, (a) any dispute, claims, or controversy arising out of or relating to any part of these Terms, or the existence, breach, termination, enforcement, interpretation or validity thereof; or (b) your access to or use of our Services at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in Suffolk County, New York (or such other location as you and we mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this Arbitration Agreement.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an Arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would.
Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.

 

21.2       No Class Action

You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

21.3       Rules and Governing Law

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of New York, without regard to its conflict of laws provisions.

21.4       Arbitration Process

You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and G Fuel, in most cases); (b) a description of the dispute; and (c) a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website. Or you may contact the AAA at 800-778-7879.
Complete the Demand for Arbitration and make at least four (4) copies. Keep one copy for your records. Send one copy to us by certified mail at Legal Department, Notice of Dispute, ADDRESS: 100 Wireless Blvd, Hauppauge, New York 11788-3955. Send the final two copies of the Demand for Arbitration to the AAA. Please be sure to include (1) a copy of this arbitration provision (you may obtain a copy from these Terms); and (2) the appropriate AAA filing fee. You may obtain the amount of the fee by consulting the AAA's rules. Those rules may be obtained by visiting the Consumer section on the AAA's website, or by calling the AAA at 800.778.7879.

Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the Arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Suffolk  County, New York. You and we will submit to the personal jurisdiction of the courts located within Suffolk County, New York for the purpose of litigating all such claims or disputes.

 

21.5       Arbitrator’s Decision

 

The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
 
Regardless of the manner in which the arbitration is conducted, the Arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties.
Judgment on any award rendered by the Arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns. With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.

 

21.6       Fees

Payment of all filing, administration and Arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the Arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the Arbitrator.

  1. Indemnification

 

You agree to indemnify, defend and hold us harmless (as well as our officers, directors, managers, members, employees, contractors, representatives, and agents) from and against any and all losses, damages, settlements, costs, fees, penalties, causes of action, third party claims, expenses, and all other liabilities, including, but not limited to, attorney’s fees and legal costs, arising out of, related to, or in connection with: (i) your use of our Services, or your connection to the Site or App Services; (ii) any material or any other content or information that you submit, post or upload to or transmit through our Services or the App Services; (iii) your violation or breach of any of these Terms or any activity related to your account; (iv) non-payment by you for any of the Services; or (v) your tortious misconduct, including, but not limited to, negligence, wrongful misconduct, fraud, and any other tort or your violation of any law or the rights of any third-party. These obligations will survive any termination of your relationship with us or your use of the Site or our Services.

 

  1. Severability

 

If any portion of these Terms are found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

 

  1. Termination

 

We may terminate or suspend your access to the Site or our Services at any time without prior notice or liability in our sole discretion for any reason whatsoever, including, but not limited to, your violation of any provision of these Terms. All provisions of these Terms which by their nature are intended to survive the termination of these Terms shall survive the termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty and medical disclaimers, indemnification, and limitations of liability.

 

  1. No Waiver, Entire Agreement and Assignment

 

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on our Services or with respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. You may not assign these Terms or your rights to use all or any portion of our Services without our prior written consent.

 

  1. Territorial Restrictions

 

We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any related content, information or materials to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion. Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the United States, unless otherwise disclosed. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access our Services do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.

 

  1. Interpretation

 

For purposes of these Terms, (i) the word “including”, or any variation thereof means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it; (ii) the word "or" is not exclusive; and (iii) words denoting the singular have a comparable meaning when used in the plural, and vice-versa. These Terms are drafted in the English language. If these Terms are translated into any other language, the English language text will prevail. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.


  1.  Gift Cards

    Use of G FUEL® eGift cards can be redeemed only at gfuel.com and are not redeemable at retail locations or authorized online sellers. This card cannot be exchanged for cash, check or credit. All eGift card sales are final, non-returnable, and non-refundable. There are no additional processing fees for purchasing an eGift card. eGift cards will expire 5 years after the purchase date.

  2. Contact Information

 

If you have any questions about these Terms, please contact us in one of the following ways:

 

G Fuel, LLC 
Attn: Legal Department
100 Wireless Blvd
Hauppauge, New York 11788-3955

E-mail: legal@gfuel.com
Phone: 1-631-755-1080
Fax: (631) 755-1069