TERMS AND CONDITIONS OF USE
Please Read These Terms Carefully Before Using the FuelLinks® card and/or the related Fuel Links® Website
MetroSplash Systems Group, Inc. (“MetroSplash,” “we,” “us” or
the “Company”) provides the materials contained on this FuelLinks® website
on the Worldwide Web (www.fuellinks.com and
any of the web pages and linked pages that display the FuelLinks® reward
program navigation bar and include a footer link to these Terms of Use, the “Website”)
as a service (the “Service”) to the visitors of the Website
(“Visitor(s)” or “you”). As a condition of
use of the Website, MetroSplash requires that all you adhere to the following
terms and conditions (the “Terms of Use”). By accessing
the Website, you acknowledge and accept these Terms of Use without limitation
or qualification. In addition, when you use any other current or future
MetroSplash service or visit or purchase from any services associated with
MetroSplash, whether or not included in the FuelLinks.com website, you will
also be subject to the guidelines, agreement and/or conditions applicable
to such service or business.
Modification.
MetroSplash may revise these Terms of Use without notice to
you, at any time by updating this posting, which revisions will be binding
upon all Visitors to the Website, including you. You should therefore
visit this posting to review these Terms of Use from time to time. For
purposes of these Terms of Use, references to MetroSplash include its directors,
officers, employees, affiliates, and contractors.
Privacy
.
MetroSplash collects information on Visitor activity through user navigation
and the use of tools and functions available on the Website. This information
is used to understand and analyze Visitor’s responses, needs and preferences,
and to develop, enhance, market and/or provide products and services to meet
those needs. For information regarding how Visitors’ information
is collected and used, please visit our privacy policy at Privacy Policy,
which is expressly incorporated into these Terms of Use.
Rules and Conduct.
You agree not to use the Website or the Service to: a) post, transmit, link
to, or otherwise distribute any information constituting or encouraging conduct
that would constitute a criminal offense or give rise to civil liability,
or otherwise use the Website or the Services in a manner which is contrary
to law or would serve to restrict or inhibit any other user from using or
enjoying the Website, the Service or the Internet; b) defame, abuse, stalk,
harass or threaten any other person or violate the legal rights of any other
person, including rights relating to privacy and publicity; c) post, transmit,
link to, or otherwise distribute any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful material or information; d) post,
transmit, link to, or otherwise distribute any information or software which
contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive
component; e) upload, post, publish, transmit, reproduce, link to or otherwise
distribute in any way, information, software or other material obtained through
the Website or the Service, or any derivative work thereof, which is protected
by copyright, or any other intellectual property right, without obtaining
permission of the copyright owner or rightholder; f) impersonate or falsely
represent your association with any person; or g) use, reproduce, sell, resell
or otherwise exploit the Website or the Service for any commercial purposes.
Third Party Content.
The Website search option offers access to numerous third party
web pages and content available over the Internet. MetroSplash exercises
no control over such third party content, web pages, or sites. It is your
responsibility to review and evaluate any such content, and any and all risk
associated with the use of, or reliance on, such content rests with you. You
agree that MetroSplash shall not be responsible or liable, directly or indirectly,
in any way for any loss or damage of any kind incurred as a result of, or
in connection with, any such dealings or transactions.
Termination.
You acknowledge and agree that MetroSplash, in its sole and
absolute discretion, may, without notice to you, suspend or terminate your
use of, or access to, the Website and the Service. You further agree that
MetroSplash shall not be liable to you or to any other person as a result
of any such suspension or termination. If you are dissatisfied with
the Website or with any terms, conditions, rules, policies, guidelines, or
practices of MetroSplash in operating the Website or the Service, your sole
and exclusive remedy is to discontinue using the Website and the Service.
Warranties
and Limitations of Liabilities.
You acknowledge that this Website and the Service is provided on an “AS
IS” and “AS AVAILABLE” basis, without warranties, representations
or conditions of any kind, whether express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. We make no warranties as to the operation
of this Website or that the information, content, materials, or products
included on the Website will be provided on an uninterrupted, timely, secure
or error-free basis, that the Service or the results derived therefrom
will meet your requirements or expectations, or that the Website or the Service,
including any content, information, or products obtained from or through
the use of the Website, its servers, or e-mail sent from MetroSplash are
free of viruses or other harmful components. You expressly agree that
use of this Website and the Service is at your sole risk.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL METROSPLASH BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, DATA, GOODWILL OR OTHER
INTANGIBLE LOSSES, REGARDLESS OF WHETHER METROSPLASH HAD BEEN ADVISED OF OR COULD
HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER SUCH DAMAGES ARISE
OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE
SERVICES OR THE WEBSITE, OR ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICE,
WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT
AND TORT ACTIONS (INCLUDING LIBEL AND SLANDER).
Some jurisdictions do not allow the limitations or exclusion of implied warranties
or the exclusion or limitation of certain damages, so some of the above exclusions
may not apply to you.
The information contained at the Website may include technical inaccuracies
or typographical errors. MetroSplash assumes no liability for any errors
or omissions in the information contained at the Website and expressly disclaims
any responsibility to update the information contained at the Website.
You acknowledge and agrees that MetroSplash may at any time
modify or discontinue the Website and the Services, with or without notice
to you, and that MetroSplash shall not be held responsible or liable, directly
or indirectly, to Visitor or any other person in any way for any loss or
damage of any kind incurred as a result of, or in connection with, any such
modifications or discontinuance. MetroSplash may from time to time
amend, change, delete, add, update, and/or alter the information contained
at the Website, without notice, including references to and information about
the products and services described at the Website.
Violations
of Terms of Use.
MetroSplash reserves the right to seek all available remedies at law and
in equity for a violation or violations of these Terms of Use, including
the right to block access from a particular Internet address to the Website. You
agree to defend, indemnify and hold harmless MetroSplash, its participants,
suppliers, and agents, from any and all liability, loss, claim, costs, and
expenses, including reasonable attorneys’ fees, related to or in connection
with your violation of these Terms of Use, your use of the Service, and information
provided at the Website, and/or the placement, posting or transmission by
you of any message, information, software or other content on the Website.
Laws and Regulations.
The Website originates in the United States of America. Your
access to and use of the Website is subject to all applicable federal, state,
and local laws and regulations. By visiting the Website, You agree
that the laws of the State of Texas, without regard to principles of conflict
of laws, will govern these Terms of Use and any dispute of any sort that
might arise between you and MetroSplash. Unauthorized use of this Website
is prohibited, and violators may be prosecuted under federal and state law.
Intellectual Property Information.
MetroSplash grants you a limited license to access and make personal use
of this Website. This license does not include: a) any resale or commercial
use of the Website or its contents; b) any collection and use of any product
listings, descriptions, or prices; c) any derivative use of the Website or
its contents; d) any downloading or copying of account information for the
benefit of another merchant; or e) any use of data mining, robots, or similar
data gathering and extraction tools. This Website or any portion of
this Website may not be reproduced, duplicated, copied, sold, resold, visited,
downloaded (other than page caching), modified or otherwise exploited for
any commercial purpose without express written consent of MetroSplash. 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 MetroSplash without our express written consent. You may not
use any “hidden text” utilizing the name or trademarks of MetroSplash
without our express written consent. Any unauthorized use terminates
the permission or license granted by MetroSplash.
Except as expressly provided, nothing contained at this Website shall be
construed as conferring or granting, by implication, estoppel, or otherwise,
any right, title or license under any patent, trademark, copyright, or proprietary
rights of MetroSplash or any third party, or to the content of this Website.
Without limiting the generality of the foregoing, you acknowledge and agree
that all site content, including text, graphics, logos, button icons, images,
sounds, sound effects, sound recordings, musical works, performances, audio
clips, video, cinematic productions, audio-visual works, digital downloads,
data compilations, software, and any other works, located through any Website
search services is the property of MetroSplash or their respective owners
as provided to us through our content suppliers and is protected by United
States copyright laws with all rights reserved unless otherwise noted. The
compilation of all content on this site is the exclusive property of MetroSplash
and protected by United States copyright laws. All software used on
this site is the property of MetroSplash or its software suppliers and protected
by United States copyright laws.
You agree not to adapt, translate, modify, decompile, disassemble, or reverse
engineer any software, applications or programs used in connection with the
Website or the Service.
You agree to respect the rights of the artists and creators of this Website
and must ask MetroSplash for permission to use such property prior to any use
not explicity provided herein, and any other use of any of the intellectual
property appearing on the Website is expressly prohibited without the prior
written consent of MetroSplash or the owner of the intellectual property, as
appropriate.
Except for Participant or Cardholder Agreements (the ‘Other Agreements”)these Terms of Use constitute the entire agreement between you and MetroSplash pertaining to your use of the Website and the Service and supersede any prior agreements between Visitor and MetroSplash. In the event of any conflict between the provisions of these Terms of Use and an Other Agreement, the terms of such Other Agreement shall prevail. Failure of MetroSplash to insist upon or enforce strict performance of any right or provision of these Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.
