Welcome to Desert Fuels, Inc.’s PowerFuel™ app. By using this app, you agree to comply with and be bound by these terms and conditions of use that govern Desert Fuels’ relationship with you concerning this app. If you do not agree to these terms and conditions, please do not use this app.
1. The Parties. The terms ‘Desert Fuels’ or ‘us’ or ‘we’ refer to Desert Fuels, Inc., the owner of this app. The term ‘you’ or ‘your’ or ‘user’ refers to the user or viewer of this app. All materials in the app are the property of Desert Fuels unless otherwise noted.
2. PowerFuel™ Users. There are three categories of PowerFuel™ users. All presuppose that any use complies with these Terms and Conditions of Use: (i) “30-day Free Trial,” which includes unlimited access to PowerFuel’s™ market information and swing notifications at no charge for thirty days from sign-up. To continue access to fuel market information and swing notifications after the 30-day trial, or at anytime during the 30-day trial, the trial user may convert, from that point in the trial period, to either of the following user categories: (ii) “Premium Access,” which includes unlimited access to PowerFuel’s™ market information and swing notifications, plus Premium Phone & Email Support, for $10 per month measured from the date of “Premium Access” sign-up, and (iii) “Desert Fuels’ Customer,” which is free to customers of Desert Fuels that at time of PowerFuel™ registration either have a pre-existing fuel-purchasing account and have ordered fuel from Desert Fuels within the previous 90 days, or if a new customer at the time of PowerFuel™ registration, will order fuel from Desert Fuels within 90 days of Desert Fuels’ activation of their customer account. “Desert Fuels’ Customer” use includes unlimited access to PowerFuel’s™ market information and swing notifications, Premium Phone & Email Support, and wireless access to your Desert Fuels’ account to order fuel, track orders, and view order history. (Note: New Users wishing to convert to “Desert Fuels’ Customer” use must first complete a Desert Fuels’ account application which will be reviewed for customer account eligibility as solely determined by Desert Fuels. If approved, such new customers must place their first order of fuel within 90 days of being notified by Desert Fuels’ of account approval.
3. App Content. The content of this app is for informational purposes only. Postings are made at Desert Fuels’ discretion and are subject to change without notice. Viewers should not assume that the information contained in this app, or linked to from this app, have been updated or contain current information. Desert Fuels does not review past postings to determine whether such are accurate, and information contained in such postings may have been superseded by other information not in this app.
4. Disclaimer. Nothing contained in this app is intended by Desert Fuels, or should be considered by you, to be direction to or for you to purchase or not purchase fuel, or to take or not take any other action. All such decisions or actions are entirely yours to make, and by using this app, you assume all risk for decisions or actions you take or not take based on the information contained in or displayed by this app. Any trends or suggestions posted on the app are unofficial and unauthoritative estimations meant for informational purposes, and are based on continually changing, third-party data outside of Desert Fuels’ control. All information, material, and graphics found or offered in this app are provided “as-is,” and your use of such is at your own risk. You acknowledge that such information, materials, and graphics may contain inaccuracies or errors, and that we provide no express or implied warranties or guarantee as to their accuracy, and, to the fullest extent permitted by law, we expressly exclude and disclaim any and all such warranties and guarantees, including of merchantability, as to the accuracy, timeliness, performance, completeness, reliability, suitability, fitness for a particular purpose, title, and non-infringement of any such information, materials, and graphics.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL DESERT FUELS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR ANY OTHER ACTION AT LAW OR IN EQUITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS APP OR THE INFORMATION, MATERIALS, AND GRAPHICS IT CONTAINS.
6. Other Links. IF YOU ACCESS ANY OF THE SITES OR APPS LINKED FROM THIS APP, YOU DO SO ENTIRELY AT YOUR OWN RISK. Links to other sites or apps and their content are provided for convenience only and are not under the control of Desert Fuels. We are not responsible for the content of such sites or apps, or of the content contained in any sites or apps to which they are linked.
7. Assumption of Liability. If you create a link to this app from another website or document, or pass such link onto others, you do so at your own risk and understand that by so doing, you accept all risk of loss or damages to you or any other website, app, person, or organization, and agree to fully indemnify and hold Desert Fuels harmless from any such loss or damages.
8. Applicable Law and Jurisdiction. Your use of this app and any dispute arising out of such use are subject to the laws of the state of New Mexico, and you consent to jurisdiction and venue in Bernalillo County, New Mexico.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our Site or use an App, place an order, and in connection with other activities, services, features, or resources we make available on our Site or Apps. Users may be asked for, as appropriate, email address. Users may, however, visit our Site and Apps anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site and App related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users, means of connection to our Site or Apps, such as the operating system and the Internet service providers utilized, and other similar information.
Web browser cookies
How we use collected information
Desert Fuels, Inc. may collect and use Users’ personal information, including email addresses, for the following purposes:
How we protect your information
We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on our Site and Apps.
Sharing your personal information
We do not sell, trade, share, or rent Users’ personal identification information.
Third party websites
Users may find content on our Site and Apps that link to the sites and services of third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site and Apps. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites that have a link to our Site and Apps, are subject to that website’s own terms and policies.
Your acceptance of these terms
This policy was last updated on May 8, 2013.