Terms & Conditions
Effective Date: 1 March, 2018
THESE TERMS AND CONDITIONS (“TERMS” or “AGREEMENT”) FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THINKFUEL™. (“WE” OR “Thinkfuel”) AND SHOULD BE READ CAREFULLY.
THIS AGREEMENT GOVERNS YOUR USE OF AND ACCESS TO THE WEBSITE LOCATED AT thinkfuelco.com (the “SITE”) AND YOUR PURCHASE OF PRODUCTS FROM THE SITE (“PRODUCTS”).
BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE. Your use of the Site, purchase or use of any Thinkfuel products constitutes your agreement to these Terms.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. WE RECOMMEND THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE SITE.
Table of Contents
- Use of the Site
- Intellectual Property Rights
- Limited License
- Prices and Payment
- Subscription Terms
- Refunds and Returns
- User Content
- Electronic Signatures and Agreements
- Limitation of Liability; Disclaimer of Warranties
- Notice and Take-Down Procedures; Copyright Agent
- Third Party Sites
- Dispute Resolution by Binding Arbitration and Class Action Waiver
- Contact Us
Use of the Site
By using this Site, you represent and warrant to us that: (1) you are at least the legal age of majority; (2) you are authorized to enter into this Agreement; (3) you will not use the Site for any purpose or in any manner that violates any law or regulation or that infringes the rights of Thinkfuel or any third party; (4) any information or data provided to Thinkfuel by you will not violate any law or regulation or infringe the rights of Thinkfuel or any third party; (5) all information that you provide to us in connection with the Site (e.g., name, e-mail address, or other information) is true and accurate; (6) you have read and agree to these Terms; and (7) you are authorized and able to fulfil and perform the obligations and meet the conditions of a user as specified herein.
You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
You acknowledge and agree that (a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and (b) the Site may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
In your use of the Site and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Site or any web sites linked to the Site; (iii) interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Site or create or use a false identity; (v) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Site or the Services; (viii) use any meta tags or any other "hidden text" using the Thinkfuel name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Site; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Site or Services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
Intellectual Property Rights
The contents of the Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Site (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by Thinkfuel or its licensors. The Materials are Subject to this Agreement, we grant you a limited, non-exclusive, worldwide, non-transferable license to use the Site in accordance with the terms and conditions set out in this Agreement.
Thinkfuel does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site and Material is Copyright © 2019 Thinkfuel. and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Site or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Thinkfuel or its owner if Thinkfuel is not the owner. Thinkfuel and all other names, logos, and icons identifying Thinkfuel and its products and services are proprietary trademarks of Thinkfuel (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Thinkfuel is strictly prohibited. Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us). You may print a copy of the Material on your computer only for your own personal, non-commercial use, provided that you do not remove any copyright, trademark or other proprietary notices from the Material. Any other use of the Material is strictly prohibited. Any rights granted hereby are expressly licensed.
You are permitted to share Material provided through the Site on social media sites such as Facebook, Twitter, Instagram, Pinterest or similar services. This permission is a limited license to use the Materials solely for such purposes and does not represent a transfer of right or title in any Thinkfuel Materials.
To submit an order (“Order”) for products on the Site (“Products”), you must complete and submit the online order following the directions on the Site. We reserve the right to refuse any Order for any reason. In such case, we will notify you as soon as reasonably practicable and refund to you any payment in full. All Products ordered are for personal, non-commercial use only. Products must not be resold in any form or any place.
Prices and Payment
A user may view prices published on the Site (“Prices”) in their own country’s currency but all prices shown at the final checkout point of the sale are shown in US Dollars. Depending on the currency that you use to pay for a Product, the Price you pay may fluctuate. You are also responsible for any applicable shipping, customs and/or duty fees incurred. We are entitled to claim from you any appropriate taxes, levies or other charges of whatever nature payable on the supply of the Products in that jurisdiction. Prices, including applicable shipping fees and taxes, are subject to change.
Refunds and Returns
To the extent permitted by law, we offer no refunds unless a Product is faulty. If you receive a faulty Product you must advise us via email within 7 days of receiving the product and return the Product in its original packaging to us before we can provide a refund. We do not offer refunds if a Product is lost once it has been dispatched from our warehouse. No refunds can be processed after 60 days from purchase.
By completing your purchase of a Thinkfuel subscription item, you will be enrolled in our subscription program. Unless you cancel, about every 4 weeks (or an alternative interval selected), you will receive a new supply of your Thinkfuel product and for each shipment, you will be charged at your enrolment subscription rate to the payment card you provide. Please note that the original shipping option will continue (including charges if applicable). To cancel your subscription at any time, email us at email@example.com, or manage your subscription online under your Account Settings. Payments are nonrefundable, and there are no refunds for partially used or unused items.
By using the Site and posting, uploading, publishing, distributing, or transmitting information such as pictures, reviews, messages, content, or other personal information (collectively, “User Content”) on the Site or other Thinkfuel-sponsored forums, blogs, or other communities, you grant Thinkfuel a perpetual, unrestricted, unlimited, irrevocable, worldwide right and license to use, copy, redistribute, republish (on any media currently known or developed in the future), re-sell, and transmit any portion of such User Content. You further represent and warrant that you are the sole author and owner of such content. In addition, you grant Thinkfuel the sole and exclusive right to remove, alter, or change the User Content and to bring any legal actions regarding such User Content on your behalf. Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish, exchange, or display on or through the Products and any such content that you provide or make available to other Users through the Site. You are responsible for all User Content. Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products, and we assume no responsibility or liability for this material.
User Content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. Thinkfuel has the right but not the obligation, in its sole discretion, to remove, reject, refuse to post, modify or edit User Content, but does not regularly review User Content. Thinkfuel takes no responsibility and assumes no liability for any User Content. Thinkfuel reserves the right (but does not undertake the obligation) to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Products and refusing such violators access to the Site.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labelled "SUBMIT", "DOWNLOAD", “ORDER”, "I ACCEPT" or such similar links as may be designated by the Thinkfuel to accept these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY THINKFUEL. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means
Limitation of Liability; Disclaimer of Warranties
To the extent permissible by applicable law, Thinkfuel does not accept liability for any Product or use of the Product or Site, including without limitation, liability for the Product not being available for use, lost profits, or loss of business. Thinkfuel will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, Thinkfuel is not liable or responsible for any amount of damages above the amount invoiced or charged for the applicable product. Further, you expressly absolve and release Thinkfuel from any claim resulting from a cause beyond Thinkfuel’s control, including, but not limited to, failure of electronic or mechanical equipment, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Notice and Take-Down Procedures; Copyright Agent
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to Thinkfuel by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the Site, with enough detail that Thinkfuel may find it on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Attn: The Manager
865 Spring Street,
Westbrook, ME 04092
Third Party Sites
The Site may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites, and inclusion of any link does not imply our endorsement or association with the third party website. We shall not be responsible or liable, directly or indirectly, for any loss or damage caused by any such third party website.
Dispute Resolution by Binding Arbitration and Class Action Waiver
All disputes arising out of or otherwise related to any purchase you make concerning Thinkfuel, including use of the Site and use and purchase of any Thinkfuel products or services, collectively “Disputes,” shall be governed exclusively by the laws of the State of Maine, excluding its conflict of law provisions. If a Dispute arises under this Agreement, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to contact us with Disputes by writing to us at Thinkfuel, 865 Spring Street, Westbrook, ME 04092. Thinkfuel will contact you by letter to your billing address you provided us. If any Dispute cannot be resolved informally, we each agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either you or Thinkfuel may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Maine: (i) any dispute, controversy, or claim relating to or contesting the validity of the our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms may be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you submit your personally identifiable information to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at Thinkfuel, 865 Spring Street, Westbrook, ME 04092. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.
These Terms constitute the whole agreement between you and Thinkfuel relating to its subject matter and supersedes all prior discussions and agreements between you and Thinkfuel relating to the subject matter of these Terms. The failure of Thinkfuel to exercise or enforce any right or provision of this Agreement does not constitute a waiver of any such right or provisions. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected. Certain provisions in this Agreement, including the Limitation of Liability and No Warranty sections, are inapplicable in New Jersey.
Discount codes offered by Thinkfuel may be applied to regular priced items and cannot be applied to any other offer or discount. These offers are not valid on subscriptions. This discount cannot be applied to previous purchases. Thinkfuel has the right to end or change discounts without notice.