Terms of Service

 

BOOSTER FUELS, INC. TERMS OF SERVICE
Last updated: December 2019

Thank you for choosing Booster Fuels! For your convenience, we have made the Terms of Service as straightforward as possible, including a short, non-binding summary followed by the full legal terms.

Booster Fuels is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them.

1. CONTRACTUAL RELATIONSHIP
Summary
These terms are a binding agreement. Please read this Agreement carefully before you use Booster Fuels. By using our site and/or mobile application you agree to be bound by everything in this Agreement and to the collection and use of the information set forth in the Booster Fuels Privacy Policy, whether you are a registered user of our Services. If you do not agree, please do not use Booster Fuels.

IMPORTANT: Please review the disclaimer clause of Section 4 and the arbitration clause and class action waiver clauses in Section 6 of this Agreement. Except for certain types of disputes mentioned in the arbitration clause, you and Booster Fuels agree that disputes between us will be resolved by mandatory binding arbitration. If you reside in the United States, this provision applies to all disputes with Booster Fuels. If you reside outside of the United States, this provision applies to any action you bring against Booster Fuels in the United States.

Contractual Relationship
This is a contract (“Agreement”) between you and Booster Fuels, Inc., a Delaware Corporation (“Booster,” “we,” or “us”), applicable when you use or access the site, services and mobile application by Booster, in existence now or in the future (“Booster Services,” “Booster,” “Boost,” or “Services”). In this Agreement, the words “including” and “include” mean “including, but not limited to.”

Your access and use of the Services constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Booster. If you do not agree to any of the terms of this Agreement, you may not access or use the Services. This Agreement expressly supersedes any prior agreements or arrangements with you. Booster may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental Terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services (“Supplemental Terms”). Supplemental Terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental Terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.

Booster may amend the terms related to the Services from time to time. Amendments will become effective upon the publication of an amended Agreement. From time to time, the Agreement may change. If/When this occurs, Booster will notify you by revising the date at the top of the Agreement, and/or by providing you additional notice. Your continued access or use of the Services after such posting constitutes your consent to be bound by the amended Agreement. If you do not agree with the amended Agreement, please do not use the Services.

2. THE SERVICES
Summary
A person must create your account which allows Booster to provide you Services; you must be 18 years of age or older and provide a certain amount of personal information to create an account; you allow Booster to collect your precise geolocation and vehicle information; and Booster may send you informational and marketing text messages. You own your personal information and User Content, permitting Booster to use your User Content, and we own our company and intellectual property information. You alone are responsible for keeping your account secure. You may not have more than one account.

Services
The Services constitute a technology platform that enables users of Booster’s applications or websites (each, an “Application”) to arrange and schedule logistics services, including delivery of fuel and other products and services. Unless otherwise agreed by Booster in a separate written agreement with you, the Services are made available solely for your personal and noncommercial use. The Services are only available in the United States.

User Eligibility & Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Booster certain personal information, such as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method (either a credit card or accepted payment partner). Multiple vehicles can belong to one Account. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Booster’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Booster in writing, you may only possess one Account.

Geolocation
You agree to allow Booster to collect your precise geolocation. We collect this geolocation for the purpose of improving your user experience – such as reminding you to request a Boost. You may disable your geolocation but be advised this may impact Services from Booster to you. We will not disclose your geolocation to any third parties without your consent.

Vehicle Information
You agree to allow Booster to collect your vehicle information, such as the general condition of your vehicle, license plate, make, model or year, or vehicle identification number (“VIN”), on occasion if there is an error in the information you provided or for verification purposes. This may be collected by taking a picture of your vehicle.

User Conduct
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not use the Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to Booster or any other party. In certain jurisdictions and with certain fuel products, Booster’s mobile refueling service can only be used when there is an emergency fuel need. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to use of the Services if you refuse to provide proof of identity.

Network Access & Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Booster does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

License
Subject to your compliance with this Agreement, Booster grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:

  • access and use the Applications on your personal device solely in connection with your use of the Services; and
  • access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and noncommercial use. Any rights not expressly granted herein are hereby reserved by Booster and Booster’s licensors.

Prohibited Activities
You may not:

  • have more than one active Account;
  • use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
  • remove any copyright, trademark or other proprietary notices from any portion of the Services;
  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Booster;
  • perform any activity in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
  • decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
  • link to, mirror or frame any portion of the Services;
  • attempt to probe, scan or test the vulnerability of any Booster system or network or breach any security or authentication measures;
  • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and functionality of any aspect of the Services;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Booster or any of Booster’s providers or any other third party (including another user) to protect the services or any Content; or
  • attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services & Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that Booster does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Booster does not endorse such third-party services and content, and in no event shall Booster be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service. You further acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources and all your interactions with such third-party websites or resources.

Ownership
The Services and all rights therein are and shall remain Booster’s property or the property of Booster’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights:

in or related to the Services except for the limited license granted above; or
to use or reference in any manner Booster’s company names, logos, product and service names, trademarks or services marks or those of Booster’s licensors.

Text Messaging
We may send you messages, if you opt-in, for the purpose of delivering the Services and improving your customer experience – for example, if we need to contact you if we are not able to locate your vehicle. When you opt-in to the Service, we will send you a message to confirm signup. Message and data rates may apply. Message frequency varies depending on your activity of the Service.

Text “HELP” for help. If at any time you forget what keywords are supported, just text “HELP” to (844) 963-3866. After you send the message “HELP” to us, we will respond with instructions on how to use our Services as well as hot to unsubscribe.

You can opt out of receiving the text messages at any time by replying “STOP” to (844) 963-3866, but be advised this may impact Services from Booster to you. After you sent the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.

Participating Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flatt Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd.), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.

For all questions about the Services provided by this short code, you can send an email to [email protected]. If you have any questions regarding privacy, please read our privacy policy.

Referral Program & Promotional Codes
Booster may, in Booster’s sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services and, subject to any additional terms that Booster establishes on a per promotional code basis. You agree that Promo Codes:

  • must be used for the intended audience and purpose, and in a lawful manner;
  • may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Booster;
  • may only be used for new customers and Accounts, unless expressly permitted by Booster;
  • may be disabled by Booster at any time for any reason without liability to Booster;
  • may only be used pursuant to the specific terms that Booster establishes for such Promo Code;
  • are not valid for cash; and
  • may expire prior to your use.

Booster reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Booster determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

User Provided Content
Booster may, in Booster’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Booster through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. By providing User Content to Booster, however, you grant Booster a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise utilize in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Booster’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

  • you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Booster the license to the User Content as set forth above; and
  • neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Booster’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade sect, moral right or other intellectual property rights or rights of publicity or privacy; (ii) violate or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, or offensive; (v) promotes discrimination, bigotry, racism hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. Booster may, but shall not be obligated to, review, monitor, or remove User Content, at Booster’s sole discretion and at any time and for any reason, without notice to you.

Beta Services
You are responsible for all fees associated with your use of Booster’s Services. We are responsible for communicating those fees to you clearly and accurately. You agree to receive a receipt via email or text or through the Booster App itself. If a modification or cancellation of Services is necessary, Booster will notify you of this. You are under no obligation to tip your driver for Services, though we would appreciate it you provided feedback about your experience.

3. PAYMENT
Summary
You are responsible for all fees associated with your use of Booster’s Services. We are responsible for communicating those fees to you clearly and accurately. You agree to receive a receipt via email or text or through the Booster App itself. If a modification or cancellation of Services is necessary, Booster will notify you of this. You are under no obligation to tip your driver for Services, though we would appreciate it you provided feedback about your experience.

Charges
You understand that use of the Services may result in charges to you for the services or goods you receive from Booster (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Booster. All Charges are due immediately and payment will be facilitated by Booster using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Booster may use the secondary payment method from your Account, if available. You agree that Booster will send you a receipt by your choice of email or text message, and/or through the application. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law. If you prefer to receive a paper receipt, please contact [email protected] within 30 days of each Boost, to request a physical receipt which will be mailed to you at our earliest convenience.

Modifications & Cancellations of Services
Booster, at its sole discretion, reserves the right to create, modify, and remove Charges for any or all services or goods obtained through the use of the Services. Booster may from time to time provide certain users with Promo Codes and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that such Promo Codes and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to provision of the Services, in which case you may be charged a cancellation fee.

Booster may, at its sole discretion, elect to not fill a requested vehicle if Booster deems it unsafe to do so, or if fueling the vehicle would violate an applicable law, code, standard, or procedure. In such an event, the request may be cancelled by Booster, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by Booster, no payment will be charged. The Account holder will be notified.

Gratuities
Gratuities are voluntary. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services or goods obtained through the Services, you are under no obligation to do so. After your Services have been completed, we would appreciate that you rate and leave additional feedback about your experience, but you are under no obligation to do so.

Rounding Off
Booster may, in its sole discretion, round up or round down amounts that are payable to Booster to the nearest whole functional base unit; for example, Booster will round up an amount of $41.505 to $41.51, or $41.491 to $41.490.

4. DISCLAIMERS & LIMITATION OF LIABILITY
Summary
We will not be liable for damages or losses arising from your use or inability to use the Services, or otherwise arising under this agreement. You may receive a small amount of residual fuel – this is the gas remaining in the hose from a previous customer’s Boost, which may be a different grade of gas than what you requested in your Boost. Please read this section carefully as it limits our obligations to you.

DISCLAIMERS
YOU USE THE BOOSTER SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BOOSTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BOOSTER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BOOSTER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OF FUELS PROVIDED TO YOU. YOU AGREE THAT, ON OCCASION, THERE MAY BE INSTANCES WHERE YOU RECEIVE NO GREATER THAN 2.13 GALLONS, PER MANUCATURER ESTIMATES, OF RESIDUAL FUEL REMAINING IN THE HOSE FROM THE PREVIOUS CUSTOMER’S TRANSACTION. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY
BOOSTER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BOOSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOSTER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. BOOSTER SHALL NOT BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, OR OTHER INJURIES RESULTING FROM CAUSES BEYOND BOOSTER’S REASONABLE CONTROL.

FURTHERMORE, BOOSTER IS NOT LIABLE FOR ANY OTHER INTANGIBLE LOSSES RESULTING FROM:

  • THE USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO USE THE SERVICE;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
    STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
  • ANY OTHER MATTER RELATING TO BOOSTER SERVICES.

BOOSTER ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILURE IN PERFORMANCE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY OTHER INJURY RESULTING FROM CAUSES BEYOND BOOSTER’S REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

5. INDEMNIFICATION
Summary
You are responsible for your use of the Services.

Indemnification
You are responsible for your use of the Services, and you will indemnify and hold Booster and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Booster Entities”) from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:

  • your access to, use of, or alleged use of, the Services or services or goods obtained through your use of the Services;
  • your breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
    Booster’s use of your User Content;
  • your violation of the rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or
  • any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

6. ARBITRATION
Summary
You agree to binding arbitration which means that you waive your right to have a judge potentially hear your claim and instead agree to neutral third party, an arbitrator, hear both sides and decide upon the claim. You also waive your right to be in a class action suit. Please read this section carefully as it limits the manner in which you can seek relief from Booster.

Arbitration
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Booster on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Booster, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Booster by someone else.

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Booster. You acknowledge and agree that you and Booster are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Booster otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:

  • bring an individual action in small claims court;
  • pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
  • seek injunctive relief in a court of law; or
  • to file suit in a court of law to address an intellectual property infringement claim.

Arbitration Rules & Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The AAA Rules are available at https://www.adr.org/active-rules or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process
Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at https://www.adr.org/Forms. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location & Fees
If you commence arbitration in accordance with these Terms, Booster will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Seattle, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted:

  • solely on the basis of documents submitted to the arbitrator;
  • through a non-appearance based telephone hearing; or
  • by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Booster for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Booster will not seek, and hereby waives all rights Booster may have under applicable law to recover, attorneys’ fees and expenses if Booster prevail in arbitration.

NO CLASS ACTION
YOU AND BOOSTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Booster agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section will be null and void.

Changes
If Booster makes any future change to this arbitration provision, other than a change to Booster’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Booster’s address for Notice, in which case your account with Booster will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability
If the subsection (Enforceability) is found to be unenforceable or if the entirety of this Section 6 is found to be unenforceable, then the entirety of this Section 6 (other than, in the latter case, this subsection (Enforceability)) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 7 will govern any action arising out of or related to these Terms.

7. CHOICE OF LAW AND CLAIMS OF COPYRIGHT INFRINGEMENT
Summary
This agreement is governed by the laws of California.

Choice of Law
This Agreement is governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.

Claims of Copyright Infringement
Claims of copyright infringement should be sent to Booster’s designated agent, at [email protected]

Notice
Booster may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Booster, with such notice deemed given when received by Booster, at any time by first class mail or pre-paid post to Booster Fuels, Inc., Attn: Legal, 1840 Gateway Drive, Suite 200, San Mateo, CA 94404.

8. GENERAL PROVISIONS
Summary
Neither you nor Booster may transfer your obligations under this Agreement to anyone else without written consent.

Provisions
You may not assign this Agreement without Booster’s prior written approval. Booster may assign these Terms without your consent to:

  • a subsidiary or affiliate;
  • an acquirer of Booster’s equity, business or assets; or
  • a successor by merger.

Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Booster as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Booster’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Booster in writing.

Notice Regarding Apple
If you are using our mobile applications on an iOS device, the terms of this section (Notice Regarding Apple) apply. You acknowledge that this Agreement is between you and Booster only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services – or your possession or use of the Services, including:

  • product liability claims;
  • any claim that the Services fail to conform to any applicable legal or regulatory requirement; and
  • claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringes that third party’s intellectual property rights. you agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you. You hereby represent and warrant that:

  • you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
  • you are not listed on any U.S. Government list of prohibited or restricted parties.

Notice Regarding Other App Stores or Services
If you are accessing or downloading the Booster application from any other app stores or services, you may be subject to that app store’s or services’ terms of use.

Entire Agreement
This Agreement, with the Privacy Policy contains the entire agreement between you and Booster regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Booster account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Booster in any manner.

Contacting Booster
If you have any questions about these Terms of Service, the practices of Booster, or your dealings with Booster, you may contact us at Booster Fuels, Inc., Attn: Legal, 1840 Gateway Drive, Suite 200, San Mateo, CA 94404, or at [email protected].