DAVOS ENERGY, LLC TERMS & CONDITIONS

THESE TERMS AND CONDITIONS (THESE “TERMS”), TOGETHER WITH THE PRIVACY POLICY LOCATED ON HEATFLEET.COM, SETS FORTH LEGALLY BINDING AGREEMENT FOR ANY AND ALL USE OF THE DAVOS ENERGY, LLC (THE “COMPANY”, “WE”, “OUR” OR “US”) WEBSITE AND MOBILE APPLICATIONS (THE “SERVICES” OR THE “SITE”) BY USERS (“YOU”). READ THESE DOCUMENTS BEFORE USING THE SERVICES BECAUSE BY USING THE SERVICES IN ANY MANNER, YOU EXPRESSLY ACCEPT THE TERMS HEREIN.

In Our sole discretion, We reserve the right to modify both the Services and these Terms at any time. We may, in our sole discretion, add, remove, or modify any information or functionality provided on the Services at any time, without any notice. We may limit Your access to select functionality without notice or liability. We may, at our sole discretion, terminate the Services or Your access to the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms which by their nature should survive termination shall survive such termination. Your continued use of the Services following any changes to these Terms constitutes acceptance of those changes.

The Company is a marketplace facilitator, enabling You to purchase a product or service from a third-party provider (the “Provider”). Each order that You place using the Services is an agreement between You and the Provider that You have selected, or, in the case of a Flash Sale, the Provider You have been assigned. The Company is not responsible for delivering products or services associated with orders on the marketplace, and any claims related to the purchase of products or services on the marketplace must be brought directly to the Provider and must be handled solely between You and the Provider, including, but not limited to, property damage, product or service quantity, quality, or availability issues, warranty issues, and refunds.

You represent and warrant that You are at least 18 years of age, and that You are not a resident of California.

Where personal information is required for use of the Services (for example, when placing an order), You agree to provide accurate and complete personal information, and that You are not impersonating a third party. For orders that require classification as “residential” or “commercial,” You agree to accurately classify the order. You are solely responsible for activity conducted on Your account. You are responsible for: (a) keeping personal information such as delivery address, e-mail address, and phone number up to date; (b) selecting a secure, unique password, and changing such password periodically to prevent unauthorized access to Your account; and (c) logging out of Your account prior to allowing other people to access Your computer or device. You must notify us immediately of any unauthorized access to or use of Your account.

For purposes of these Terms, “Content” is defined as any information, ideas, articles, communications, software, text, links, published works, photos, video, graphics, music, sounds or other material that can be viewed by users on the Site (and any intellectual property rights related thereto), which is owned by the Company, its affiliates, licensors and/or suppliers. By accepting these Terms, you agree that all Content presented to You on the Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of the Company, its affiliates, licensors and/or suppliers, as applicable. Title to the Content remains with the Company, its affiliates, licensors and/or suppliers, and all rights not expressly granted herein are reserved to the Company, its affiliates, licensors and/or suppliers. The Content and features are subject to change or termination without notice by the Company in its sole discretion. You are prohibited from claiming ownership or use over any of our intellectual property without our prior written consent.
As a condition of use, You are responsible for all activity taken in Your account, and You agree not to use the Services in any way that: (i) infringes on any patent, trademark, copyright; (ii) infringes on any law; (iii) is threatening, abusive, contains nudity, or is otherwise inappropriate as determined by Us in Our sole discretion; (iv) impersonates any person or entity; (v) spreads viruses or other software that disrupts or interferes with proper functionality of any software, ours or otherwise; or (vi) puts an inordinate load on Our servers or infrastructure.

You agree not to upload, download, or distribute any information on the Services other than the details of any order that You have transacted. To be clear, this prohibition includes, but is not limited to copying names of Providers and pricing of vendors from the Services, either manually or automatically, except recording details of orders that You have already placed. You shall not decipher, decompile, disassemble, reverse engineer or attempt to derive any source code or algorithms from the Services.

If You transmit any reviews, comments, or suggestions to Us, You hereby assign all rights to such reviews, comments, or suggestions to Us.

In some cases (for example, service calls), the amount that You pay on Our marketplace covers a certain amount of a service technician’s time, which is typically used to diagnose a problem or fix a minor problem that does not require parts. If parts or additional time are deemed necessary to complete the job, the Provider will provide You with a description of the work, parts needed, and additional payment required to complete the service. You must approve this quote before the Provider completes the job, and pay the Provider directly for any additional required payment (including applicable taxes) in the timeframe that the Provider specifies in the quote.

In some cases, Your tank may be unable to take delivery of the full quantity specified in Your order. We will refund the value of the undelivered quantity to Your initial form of payment. It is important to understand that the price per gallon of fuel is incrementally discounted based on the volume of product purchased (volume discounting), and therefore if a smaller quantity was delivered than Your order, the final price per gallon of Your finalized order may be higher than the quote specified in Your order confirmation at time of order placement.

Descriptions, details, and pricing of products and services on Our marketplaces are provided by the Providers. The Company cannot and does not guarantee the accuracy of this data and is not responsible for errors with this data or any result of these data errors.

Each Provider has its own refund policy that the Company does not control. If a Provider initiates a refund on one of Our marketplaces before an order is fulfilled, We will refund the full amount paid back to Your initial method of payment. After a Provider has marked an order fulfilled in our Marketplace, a refund must be credited directly to You from the Provider.

Many products and services offered on our marketplaces are specific to the coverage area of our participating Providers. For those products and services, offers are only valid within the specified coverage areas.

The Services may contain links to third party webpages or software; and, when You click on these links, You access these third party websites and software at Your own risk. Inclusion of these links on our Services does not imply any endorsement or association between Us and the owners of those sites/software, and we will not be responsible for any inaccuracies or damage caused by Your use of these links. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE), TO ANY THIRD-PARTY PRODUCTS, SERVICES, INFORMATION, OR LINKED WEBSITES, INCLUDING, BUT NOT LIMITED TO, ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE.

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND THE USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. THE COMPANY AND ITS LICENSORS, AFFILIATES AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE RELATED TO THE SITE AND THE CONTENT AND ANY PRODUCTS OR SERVICES YOU ACQUIRE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE SITE. BY ACCESSING ANY CONTENT ON THE SITE, YOU ASSUME ALL THE RISK OF YOUR ACCESS AND ANY SUBSEQUENT ACTIONS YOU CHOOSE TO TAKE AS A RESULT OF THE INFLUENCE, INFORMATION OR EDUCATIONAL MATERIALS PROVIDED TO YOU. YOU AGREE AND HEREBY HOLD THE COMPANY HARMLESS FROM ANY AND ALL LOSSES, CLAIMS OR DAMAGES RELATED TO THE ACCURACY, LEGALITY, SAFETY OR QUALITY OF SUCH INFORMATION, PRODUCTS, AND SERVICES YOU PROCURE THROUGH THE SITE. YOU ACKNOWLEDGE THAT WE ARE NOT INSPECTING YOUR TANK FOR WEAR, CORROSION, LEAKS, OR SPILLS AND THEREFORE ARE NOT RESPONSIBLE FOR ANY WEAR, CORROSION, LEAKS, OR SPILLS WITH RESPECT TO YOUR TANK.

WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF THE COMPANY AND ITS SUPPLIERS. ACCORDINGLY, THE COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS OR OTHER DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT (OR FROM ANY PRODUCTS OR SERVICES PROCURED THEREFROM), WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE COMPANY OR ITS LICENSORS, AFFILIATES OR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, THE COMPANY SHALL ONLY BE LIABLE IN AN AMOUNT NOT TO EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO THE DATE GIVING RISE TO THE CLAIM OR DAMAGE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, OR THE CONTENT MUST BE BROUGHT WITHIN THE SIX (6) MONTH PERIOD OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.

You shall defend, indemnify, and hold harmless Us, our affiliates and each of our and their respective employees, contractors, directors, suppliers, vendors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or inability to use the Services and any claims, losses and damages related to the products or services procured through the Site, including, but not limited to, any oil spills or leaks. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defenses.

While the Company makes all reasonable attempts to exclude viruses from the Site, it cannot ensure such exclusion. You acknowledge that the Company shall not be liable for any damage caused through the downloading of viruses. Therefore, You are recommended to take all appropriate safeguards before downloading information from the Site. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of the Company’s control.

These Terms shall be construed and enforced in accordance with the laws of the State of Florida without regard to the principle of the conflict of laws. Venue for any action commenced under the Agreements will be the appropriate state or federal court located in and around Duval County, Florida and each party consents to the venue and jurisdiction of the courts set forth above. The parties hereto hereby knowingly, voluntarily and intentionally waive all of their respective rights to a trial by jury in any proceeding brought to enforce or defend any terms or provisions of the Terms.

All notices, demands and other communications under the Terms shall be in writing and shall be deemed to have been duly given (a) if delivered in person, when delivered, (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested), (c) on the date sent by e-mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient or (d) on the third (3rd) day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the Company at 4651 Salisbury Road, Suite 400, Jacksonville, FL 32256, and to you via the last known address of record in the Company’s system (or to such other addresses as the parties may designate by notice to the other parties in accordance with this paragraph).

Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide You with written notice.