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TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS SITE OR SUBSCRIBING TO ANY SERVICE OFFERED BY FAIRTRAN, LLC. BY ACCESSING
THIS SITE AND ANY PAGES THEREOF OR CREATING AN ACCOUNT OR MEMBERSHIP, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS
AND CONDITIONS BELOW, YOU ARE NOT AUTHORIZED TO ACCESS FAIRTRAN.COM OR ANY
PAGES OR PORTIONS THEREOF OR CREATE AN ACCOUNT, SUBSCRIPTION, OR MEMBERSHIP.
DISCLAIMERS AND LIMITATIONS. THIS SITE IS PROVIDED BY FAIRTRAN, LLC. ON
AN "AS IS" BASIS. FAIRTRAN, LLC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON THIS SITE, INCLUDING
BUT NOT LIMITED TO THE "FAIRTRAN® VALUE"
BROADCAST. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FAIRTRAN, LLC.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. YOU AGREE TO DEFEND AND TO HOLD FAIRTRAN, LLC. BLAMLESS IN THE
EVENT THERE IS THEFT OF INFORMATION AND THE RESULTING DAMAGES CAUSED BY THE
THEFT. YOU AGREE NOT TO SEND OR READ TEXTS OR EMAILS TO OR FROM FAIRTRAN®
WHILE YOU ARE OPERATING A MOTOR VEHICLE. BY USING THIS SITE, YOU AGREE
FAIRTRAN, LLC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE OR ITS TEXTS, EMAILS, OR USE OF OTHER THIRD PARTY MEANS OF
COMMUNICATION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES AS WELL AS ANY COSTS THAT MAY ARISE OUT OF
INCORRECT FAIRTRAN® VALUES OR COSTS THAT
MAY ARISE BECAUSE OF THE LACK OF FAIRTRAN®
INFORMATION OR DATA REGARDLESS OF THE REASON OR CAUSE OF THE IRREGULARITY OR
MISCALCULATION. YOU AGREE THAT ALL INFORMATION ON THIS WEBSITE OR
SENT TO YOU IN ANY MANNER IS ONLY AN ESTIMATE AND MAY BE DIFFERENT THAN YOUR
ACTUAL FINANCIAL INFORMATION. YOU AGREE TO LIMIT ALL DAMAGE AMOUNT
CLAIMS INCLUDING ATTORNEY'S FEES TO THE TOTAL OF ONE MONTHS SUBSCRIPTION
OR $35, WHICHEVER IS LOWER WHICH MAY BE PAID IN FULL, IN PART, OR AS A
REDUCTION OF FUTURE SUBSCRIPTION FEES TO BE DETERMINED BY FAIRTRAN, LLC.
Site Content. The Site provides users with the opportunity to send
e-mails, submit suggestions, comments, questions, or other information. Users
are prohibited from e-mailing, submitting or posting content that is, in
FAIRTRAN, LLC.’s sole discretion, deemed to be obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable, including but not
limited to political campaigning, commercial solicitation, chain letters, mass
mailings, and/or any form of “spam.”. You are prohibited from introducing any
content to the Site that may contain software viruses. You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead
FAIRTRAN, LLC. as to the origin of e-mail or other content. We reserve the
right to remove or delete any user content that is considered undesirable, in
our sole discretion. You are prohibited from attacking this site with any type
of software, technology, or method.
Copyright. Copyright in the pages, screens, text and images appearing at
the Site is owned by FAIRTRAN, LLC. or others as indicated. The information and
materials contained in the Site may not be copied, displayed, distributed,
downloaded, licensed, modified, published, reposted, reproduced, reused, sold,
transmitted, used to create a derivative work or otherwise used for public or
commercial purposes without express written permission of FAIRTRAN, LLC.
The information that you input into your account remains the property of
FAIRTRAN, LLC. In the event that you cancel your subscription or your
subscription is cancelled, the information remains the property of FAIRTRAN,
LLC. and you will no longer have access to it. FAIRTRAN, LLC reserves the
right to modify our calculation method at any time.
Errors and Delays. We are not responsible for any errors or delays in
responding to an email or any qualification form caused by an incorrect e-mail
address provided by you or failure to send FairTran®
Value broadcasts or other technical problems beyond our control. We are
not responsible for the information to be calculated on your personal
subscription details page. Whereas FAIRTRAN, LLC. tries to perfect the
calculations related to all National Values and Custom Values, you agree to not
hold us liable in the event that there is a miscalculation, error, or delay of
the FairTran® Value. In the event
that you are unable to login or change your account details because of
technological or other problems, you agree not to hold FAIRTRAN, LLC.
liable. All calculations are estimates and are an attempt to portray a
fair rate. Estimates are based off of various resources and information
and the other resources, at times, may be inaccurate. You agree not
to hold FairTran, LLC liable for estimates that are miscalculated for any
reason and you agree to substitute a corrected estimate for the original if one
is created. You agree that all FairTran®
information, including but not limited to fuel averages, fuel surcharge
percentages, calculated estimates, custom FairTran®
Value estimates, and historical information are estimates only and FairTran,
LLC reserves the right to change or modify any information or estimates, past
or present, at any time.
Billing. You agree to be charged on a monthly or yearly
basis as determined at your time of enrollment on the credit card you
submitted. You agree to the monthly or yearly charges and personally
guarantee the funds for the subscription. You agree that you are the
person who's name appears on the credit card and are authorized to use this
credit card. You agree that if the credit card should be declined that
you will promptly find a payment alternative. You understand and agree
that any non-payment may result in the cancellation of your account and will be
charged interest at a rate of 18% APY or the maximum amount allowed by
law.
Account Cancellation. In order to cancel your FairTran®
Account, you must login and go to the "Change Account Information" page and
click on the "Cancel Account" button and follow the steps. If you've been a
customer for less than 30 days, you will receive a full refund - no matter if
you are billed monthly or annually. If you've been a customer for over 30 days
and have selected to be billed on a monthly basis you will not receive a refund
and your services will terminate. However, you will not be billed on the next
billing cycle. If you select to be billed on a yearly basis, you have 120 days
after each billing cycle to cancel your account in order to receive a pro-rated
refund. If 120 days has passed since your last credit card process then you
agree to forfeit the remaining paid amount as a cancellation fee and your
services will be terminated and you will not be charged during the next billing
cycle.
Privacy. FAIRTRAN, LLC. tries to protect the
information about your company and uses sitewide encryption to help in that
endeavor. We will not provide your financial information or FairTran®
Value to other companies without your consent. We reserve the right
to use the information about your company to calculate industry averages and
other calculations that do not reveal the status of your company.
FairTran® reserves the right to send
emails, texts, mailings, and other communication methods to you regarding like
products, events, news, and reports. By using our "Fuel Finder" service
and our DIRECTory service you agree to receive emails and texts from FairTran®
. You agree that if you want to stop receiving texts or emails then you
will unsubscribe from our contact list by going to our cancellation
page at http://www.fairtran.com/Cancellation.aspx
and following the procedures on that page.
Texts and Emails. While FairTran.com does not charge to send
or receive texts, your cell phone service provider might charge you fees for
sending and receiving texts. You agree that FairTran®
is not liable for any texting or emailing fees that you may incur. You
also agree to only submit email addresses and cell phone numbers that you own
or have written permission to use. You agree to provide FairTran®
with permission documentation upon request.
Governing Law. This Site and the content herein is published for use in the
United States and territories hereof, and may not be used or downloaded in
other countries. This agreement shall be subject to and construed in accordance
with the laws of the State of Oklahoma, excluding its conflict of law
principles. By using this Site, you hereby consent to the exclusive
jurisdiction and venue of courts in Oklahoma County, Oklahoma, U.S.A., in all
disputes arising out of or relating to the use of this Site or the
interpretation of this Agreement. Use of this Site in any jurisdiction that
does not give full effect to all provisions of these terms and conditions,
including but not limited to this paragraph, is expressly forbidden.
General. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. A
printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. All rights not expressly granted herein are
reserved. No delay, waiver, forbearance, or omission by FAIRTRAN, LLC. to
exercise any power or rights arising out of this Agreement shall affect or
impair its rights nor constitute a waiver of any right hereunder.
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