Terms of service

G FUEL TERMS & CONDITIONS OF SERVICE

Last Updated: October 22, 2024

Welcome to G Fuel! G Fuel, LLC (“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

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.

1. Purchases

1. Accuracy of Billing and Account Information

1. Third-Party Services

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

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”).

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

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

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:

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.

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

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

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. Mobile Terms of Service

The G FUEL mobile message service (the "Service") is operated by G FUEL (“G FUEL”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to G FUEL’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of G FUEL through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with G FUEL. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 96547 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other G FUEL mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to 96547 or email info@gfuel.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

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