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Terms & Condictions

SERVICE AGREEMENT FOR FUELDING INC’S ONLINE SERVICES

AND MOBILE APPLICATIONS

 

PLEASE READ THESE TERMS (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER FUELDING, INC. PRODUCT OR SERVICE.

 

This Agreement is a contract between you and Fuelding Inc. ("the Company") and applies to your use of the Company's Online Services, related websites, and/or mobile Applications (collectively, the "Services") to provide general information regarding Fuelding Inc and its corporate affiliates. BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS OF USE (the "Terms of Use"), AS AMENDED FROM TIME TO TIME. ALL AMENDMENTS AND UPDATES TO THESE TERMS AND CONDITIONS OF USE ARE EFFECTIVE IMMEDIATELY UNPON NOTICE, WHICH WE MAY GIVE BY ANY MEANS, INCLUDING BUT NOT LIMITED TO, BY POSING NOTICE OF THE REVISION ON THE ONLINE SERVICES HOMPEAGE. Please review the Terms of Use carefully. If you do not agree to the Terms of Use, you should not use the Services.

 

This Website is directed only at customers in the United States. When you access this website your data will be processed and stored in the United States. If you do not agree with this transfer, please stop all use of this Website.

 

Fuelding, Inc. reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violation of these Terms & Conditions of Use, including without limitation, suspending or terminating any account you have created on the Online Services.

 

In this Agreement, "you" or "your" means any person or entity using the Services. Unless otherwise stated, " the Company," "we" or "our" will refer collectively to the Company and its affiliates, managers, officers, employees, agents and contractors. Access to and use of this website are subject to all applicable international, federal, state, and local laws and regulations. You agree not to use this website in any way that violates such laws or regulations.

 

1. Electronic Communications.

 

To the fullest extent permitted by applicable law, notices or other communications regarding the Company’s provision to you, and your receipt of, the Company’s services ("Communications") may be provided to you by the Company electronically and you agree to receive all Communications from the Company in electronic form. Electronic Communications may be sent to you in response to a request initiated by your utilization of the Services (including a request for a report), posted on the pages within the Company website, delivered to your e-mail address, and for sent by Short Message Service ("SMS") text messages to your mobile device. You may print a copy of any Communication and retain it for your records.

You acknowledge that your mobile device location data may be gathered by GPS technology due to your use of the Company mobile applications. Your consent to receive Communications electronically is valid until you revoke your consent by notifying the Company in writing, by e-mail or by telephone. If you revoke your consent to receive Communications electronically, the Company will terminate your right to use the Services.

 

2. Your Information.

 

You agree to maintain access at all times to the Internet and to a current e-mail address. You have sole responsibility for providing the Company with a correct and operational e-mail address. the Company will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify the Company of any change in your e-mail or postal mailing address. If you are using the Company’s mobile application, the same obligations above apply with respect to your mobile device source.

 

3. Account Security.

 

You may not reveal your password(s) for use of the Services to anyone else, nor may you use anyone else's password. The Company is not responsible for losses incurred by users as the result of their misuse or mishandling of passwords. You are completely responsible for protection against disclosure or misuse of your password(s). If you use, or attempt to use the Services for purposes other than receiving the Company’s services including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

 

4. Confidentiality.

 

You acknowledge that the information received from the Company through use of the Services is strictly confidential, for your exclusive use, and may not be resold, or distributed in any form or fashion You represent that you have a genuine business need for any information you request from the Company. In using information provided by the Company, you will comply with all Federal, state and local statutes, regulations and rules in effect at any time.

 

5. Ownership of Information.

 

You acknowledge and agree that the information materials and documents made available to you by us through use of the Services, unless provided by you (the "Materials"), are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. For example, we own, or a third party owns, a copyright in the selection, organization, arrangement and enhancement of the Materials, as well as in the Materials which are original themselves. No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part unless expressly authorized in writing by the Company. You acknowledge that the Company has expended substantial time, effort and funds to compile the Materials and that all information contained in such Materials is, and will continue to be, the exclusive property of the Company, Nothing contained in this Agreement or in the Company's Services Agreement shall be deemed to convey to you any right, title or interest in or to the Materials.

 

6. Intellectual Property.

 

All trademarks, logos, designs, slogans, and trade dress appearing on the Services, whether or not appearing in large print, italics, or with the trademark symbol, are owned by the Company or their affiliate companies or service providers, or are used under license. No right or license is granted, by implication or otherwise, to use any trademark, service mark or logo displayed on the Services or any other intellectual property rights of the Company or any third party.

You may not, distribute, modify, transmit, reuse, repost, or use the content of the Services for public or commercial purposes, including the text, images, audio, or video, without the written permission of the Company. You should assume that everything you see or read on the Services is copyrighted unless otherwise noted and may not be used, except as provided in the Terms & Conditions of Use or in the text on the Services, without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Services will not infringe rights of third parties not owned by, or affiliated with, the Company.

7. License to and Limitations on Use of the Services and Materials.

 

Provided you comply with the Terms of Use, we grant you a nonexclusive, non-transferable license to view, use and print the Materials through the Services solely for your own internal business purposes You may not commercially exploit the Materials or the underlying data other than for your internal business purposes You may not create derivative works of the Materials use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Materials, or reprint, copy modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials without our prior written consent. You shall not derive or attempt to derive the source code or structure of all or any portion of the Services or Materials by reverse engineering disassembly de-compilation or any other means. You shall not use the Services or Materials to operate a service bureau or for any other use involving the processing of data of others. You shall use the Materials, the Company website and mobile applications for legal purposes only and shall not use them in any manner that violates the laws of any jurisdiction. You do not receive any, and we and our licensors retain all, ownership rights in the Services and Materials. You may not alter or remove any copyright notice or proprietary legend contained in or on the Materials. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of the Company or any third party, except for the right of use license expressly set forth herein.

 

Concerning use of Google maps made available to you through the Services, Google’s Maps Terms of Use appearing at the URL http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google) and Google's Legal Notices appearing at the URL http://www.maps.google.com/help/legalnotices_maps.html (or such other URL as may be updated by Google) are incorporated into this Agreement by this reference.

 

8. Your License to Us.

 

Should you provide us with information including but not limited to feedback, data, answers, questions comments suggestions plans, ideas or the like, such information shall be deemed to be non-confidential and we assume no obligation to protect such information from disclosure except as set forth in our Privacy Policy referenced below. The submission of such information to us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by us for any purpose whatsoever and by such submission you (i) grant to us the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required; (ii) warrant and represent that you own or otherwise control all of the rights to the information, and (iii) warrant and represent that public posting and use of the information by us will not infringe or violate the rights of any third party.

 

9. Disclaimer of Liability, No Warranty.

 

The information that you obtain from the Services is provided for informational purposes only. THE SERVICES AND THE INFORMATION AVAILABLE THROUGH THE SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE ONLINE SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Your use of the Company website, mobile applications, the Services and the Materials is at YOUR OWN RISK and the Company is under no obligation to provide you with any support, error corrections updates, upgrades, bug fixes and for enhancements of the website, mobile applications, the Services or the Materials.

 

Please note that the Materials may include technical inaccuracies or typographical errors. In addition, you may find that weather, construction projects traffic conditions, or other events may cause road conditions to differ from the listed results. Please obey the rules of the road at all times and comply with all posted signage, including particularly cautions and warnings.

 

The Company has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Company website, mobile applications, the Services or the Materials including but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the website, mobile applications, the Services or the Materials on any particular device or communications service. The Company has no obligation to provide you with notice of any such changes.

 

Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

10. Relationship.

 

The legal relationship between you and the Company is as set forth in the Services Agreement between you and the Company. That relationship is altered only as specifically provided in this Agreement. The Services are available, free of charge, only to the Company's customers and prospective customers as a convenience and as an alternative method for the Company to provide, and its customers to receive, the Company’s services. The purpose of this Agreement is to provide specific terms for your use of the Services and to clarify how use of the Services operates in conjunction with the Company's Services Agreement and other applicable law. The words "execution," "signed," "signature," and words of like import in the Company’s Services Agreement or elsewhere shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act or any similar state laws based on the Uniform Electronic Transactions Act.

 

11. Indemnification.

 

You agree to indemnify and hold harmless the Company and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in the Services or the delivery of products, services or information over the Services, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney's fees, arising from any violation by you of these Terms of Use or your use of any products, services or information obtained from the Services.

 

12. Termination.

 

The Company, in its sole discretion, reserves the right to terminate this Agreement, access to its website, mobile applications, the Services or the Materials for any reason and at any time, with or without notice to you.

 

13. Disclaimer of Endorsement.

 

Reference in this Agreement, on the Company website or on mobile applications to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by the Company. Product and service information are the sole responsibility of each individual vendor.

 

 

14. Security Features.

 

The Company strongly suggests that you use a web browser with at least 128-bit encryption, preferably 255-bit. However, regardless of whether you use a web browser with security features, the Company is unable to guarantee that data transmitted is secure and for will not be intercepted by third parties.

 

15. Privacy Policy.

 

Fuelding Inc’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy, which is incorporated by reference into these Terms of Use.

 

16. Assignment.

 

You may not transfer any rights or obligations you may have under this Agreement or the Company’s Services Agreement without the prior written consent of the Company. The Company reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.


17. Choice of Law.

 

This Agreement is governed by and interpreted under the laws of the State of Texas, (USA), as such laws are applied to agreements entered into and to be performed entirely within Texas by Texas residents. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Services, the Materials, the Company website and for mobile applications shall be initiated and maintained only in the state courts located in Dallas County, Texas (USA) or the federal court located in the Northern District of Texas (USA) and you further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigation any such claim or action. Any action by you against the Company or the Group in respect of the Terms of Use shall be brought within one (1) year after the claim arose, or be barred.

 

18. Severability and Integration.

 

SMS TERMS & CONDITIONS

These Terms of Use constitute the entire agreement between you and the Company with respect to the Services, the Materials, the Company website and mobile applications. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

1- SMS Consent Communication:

The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

2- Types of SMS Communications:

If you have consented to receive text messages from [Company Name], you may receive messages related to the following (provide specific examples):

  • Appointment reminders

  • Follow-up messages

  • Billing inquiries

  • Promotions or offers (if applicable)

Example: "Hello, this is a friendly reminder of your upcoming appointment with Dr. [Name] at [Location] on [Date] at [Time]. Reply STOP to opt out of SMS messaging at any time."

3- Message Frequency:
Message frequency may vary depending on the type of communication. For example, you may receive up to [X] SMS messages per week related to your [appointments/billing, etc.].

Example:
"Message frequency may vary. You may receive up to 2 SMS messages per week regarding your appointments or account status."

4- Potential Fees for SMS Messaging:

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

5- Opt-In Method:

You may opt-in to receive SMS messages from [Company Name] in the following ways:

  • By submitting an online form

6- Opt-Out Method:

You can opt out of receiving SMS messages at any time. To do so, simply reply "STOP" to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

7- Help:

If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at (insert the link)

Additional Options:

  • If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

8- Standard Messaging Disclosures:

  • Message and data rates may apply.

  • You can opt out at any time by texting "STOP."

  • For assistance, text "HELP" or visit our [Privacy Policy] and [Terms and Conditions] pages.

  • Message frequency may vary