Return to TankWallet

Terms of Service

Please also read the General Website Terms of Use establishing the use, disclaimers, and limitations of liability governing the use of the Site, the Services and other TankWallet services and applications.

TankWallet - Terms of Use

Updated as of Jan 18, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE IT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF OUR SERVICES AND OUR PRIVACY POLICY AND CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.

These “Terms of Use” represent and contain the terms and conditions that constitute a legal agreement between you and Tank Exchange, Inc. (“we”, “our” or “us”) regarding your use of our Services. We use the terms “Service” or “Services” to refer, individually and/or collectively, to any or all of the proprietary TankWallet branded services and all of the associated services, features and functions of each and/or all of these Services that we make available to users. The term “Service” will also mean and shall be construed to include our Website and all the services, features and functions that are offered and made available on, through or using our Website.

When we use the term “Website” we mean https://www.tankwallet.com, the primary web site on the World Wide Web, but also all of the applications, mobile apps, web locations and Internet addresses (e.g., URLs, domain names and pages) which we own or control and which we use to offer and/or provide the Services, as well as all equivalent, mirror, replacement, substitute or backup web sites and all included web pages. Our Privacy Policy, our Community Requirements, as well as any Additional Terms (as defined below) that apply to you, are all part of these Terms of Use and form a part of your legally binding agreement with us regarding our Services.

You, and anyone using our Service, whether you are a Registered User or a Guest User (both, as defined below), may be referred to in these Terms of Use as a “user”, even if you do not take advantage of all of our Services or all of the feature and functions available to you. The words “use” or “using” means any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, accesses or attempts to access, interact with, use, display, view, print or copy, transmit, receive or exchange messages, data or communicate with our Service or any other user, person, firm or enterprise on or through our Service, or in any way utilizes, benefits, takes advantage of or interacts with any feature, function or service of our Service, in any way and for any purpose whatsoever. We obtain certain information from all users of our Service, whether or not you are Registered User or a Guest User and you should refer to our Privacy Policy that contains important information and disclosures relating to our collection, maintenance and use of information we obtain from you in connection with your use of our Service.

These Terms of Use do not cover any other services, web sites, web pages, transactions, relationships, activities or other things, nor any transactions or relationship you may have with any of our suppliers, advertisers, licensors, wireless or mobile carriers, internet service providers, operational service providers, promotional partners, sponsors or any other person, firm or enterprise, unless specifically stated. These Terms of Use also do not cover your rights or responsibilities with respect to third party content or links that may direct your browser or your connection to third party sites or pages, even if they appear on or are linked with our Website and you should refer to the terms of use and privacy policies that apply to these third parties since they, not us, are responsible for them.

We reserve the right to change any or all of our Services at any time and from time to time as described in these Terms of Use. While there may be some Additional Terms that apply to our Services when you register, you should always check back periodically and read these Terms of Use, our Privacy Policy, our Community Requirements, any Additional Terms and, if applicable to you, our Services Agreement, so you remain aware of the terms and conditions of your agreement with us at all times. By using or attempting to use our Service you are confirming that you have read, understand and agree to, shall abide by and comply with all of the terms and conditions of these Terms of Use, including our Privacy Policy and Community Requirements, any Additional Terms and, if it applies to you, our Services Agreement.

USING, REGISTERING TO OUR SERVICES

You can enter your wireless or mobile device number or e-mail address on our Service (e.g., a mobile phone number) and even if you do not continue with the authentication or registration process, you may receive a limited number of e-newsletters or messages (unless you Opt-out).

When we use the term “Post”, “Posted” or “Posting” we are referring to each and every time you submit, provide, furnish, share, message, instant message, exchange, transmit or communicate any information (including Personal Information and profile information), ideas, images, audio-visual material, opinions, files, messages. In fact any time you communicate or make anything available or accessible on our Service or Website you will have “Posted” it.

If you use or take advantage of any features, functions or services of our Services or you participate or engage in promotions, activities, create, sign up or participate in events or transactions in connection with our Services, you will be confirming your agreement to be bound by and comply with any and all additional terms and conditions that we indicate apply to you in doing or attempting to do those things (referred to individually and collectively, as “Additional Terms”).

As a general rule, unless a specific promotion is available to you, unless you become a Registered User, you will not be able to take advantage of any features or functions which require registration.

Our registration process is structured to comply with the requirements of your internet, wireless or mobile carrier involved in transmitting messages in connection with our Service. You must become a Registered User to take advantage of our Services. Registered Users must provide us with a verifiable e-mail address or mobile or wireless device number and you will be required to follow our instructions for authentication during the registration process.

We make reasonable commercial efforts to ensure only users who have been authenticated use our Services and we may require you to go through an authentication process each time you register. This is part of our normal security and verification procedures and while it may sometimes seem repetitive, these precautions are designed for your safety and the safety of all our users. We require all Registered Users to have a user name (not your real name), password and/or a log-in code (which may initially be the PIN). If you register on our Website, then you may select your own code or password during the process. The PIN, password, codes and other unique log-in letters, numbers and symbols we will refer to as your “password” and once your registration is complete, we will allow you to change your password at any time and from time to time. We will refer to the unique combination of your e-mail address or mobile or wireless number (or your user name once you register) and your password together, as your “User ID.”

Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. During registration or at other times when you use the Service, we may ask you to provide us with some additional information about yourself which is optional, but which enables us to customize the Service experience for you. We will indicate what information is required and what information is optional. We also have the right to require you to provide us with certain additional information (for example, a secret question and answer) for security or identity verification purposes. You are solely responsible for the confidentiality of your User ID and we are not liable for any harm caused or related to the disclosure, theft or misappropriation of all or any portion of your User ID or if someone else uses your User ID through no fault of ours, unless and until you notify us your User ID may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use or activity using your User ID or if you have any security concerns. You are solely responsible for all financial obligations that arise and all charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to comply with your obligations.

AGE REQUIREMENTS

If you are under the age of 13, you may not use our Services at all – not as a user, Registered User. If you are at least 13 years old, but under the age of 18 (or under the age of adulthood in the place of your residence) you are deemed to be a “Minor.” As a Minor, you may only use our Services if you have a parent or legal guardian (a “parent”) consent, and your parent must agree to the Terms of Use themselves and on your behalf. If you are a parent registering on behalf of a Minor, then you are agreeing to be fully responsible for the Minor and comply with and enforce compliance with these Terms of Use. If you are a parent and do not agree with these Terms of Use, do not allow or condone your Minor to use our any of our Services. If you are a Minor, if you use any of our Services, you are certifying to us you have your parent’s consent and agree to be bound by and comply with these Terms of Use.

We may require certain additional verification or confirmation of your status and if you are a Minor, may require additional assurances and proof of consent from a parent or legal guardian. These are part of the registration process when you attempt to register to our Services.

MODIFICATIONS

We have the right, any time and from time to time, for any reason in our discretion, to change these Terms of Use, including the Privacy Policy, Community Requirements and Services Agreement and any Additional Terms that apply to our Service. We will post notices of material changes on our Website and we may also send you a text message or email about any changes. Once we post them, these changes become effective immediately. If you use our Service after we post a notice of a change, you will be bound by the change. Please check back to these Terms of Use frequently so you are aware of the most current terms and conditions of your agreement with us. We also reserve the right, any time and from time to time, in our discretion, to modify, suspend or discontinue, all or any portions of our Service without notice and without liability to you or any other party. We retain the right at any time and from time to time to terminate your use of the Service and may terminate your Services Agreement with or without notice or liability to you or any other party.

MESSAGES AND PROMOTIONS

To become, be and remain a Registered User and take advantage of the mobile or wireless feature and functions of any of our Services, you must also have (1) an active contract with a mobile or wireless carrier licensed to distribute Service messages and Postings or access to a wireless or mobile communications network through which we make our Service available AND (2) mobile or wireless carrier services compatible with our Service and capable of enabling you to Post, send and receive messages, and/or use and download Content onto your designated wireless or mobile device. You, not us, are responsible for all equipment, software and communications resources and facilities necessary to connect to our Services and/or our Website, including, but not limited to, a wireless or mobile device that is in working order, compatible and suitable for use in connection with our Services. You must ensure your wireless or mobile device is compatible with our Services and is correctly configured and capable to enable SMS and, if applicable, downloads and/or Posting of WAP or any other Content. To receive WAP Content you will need to click on the link found in the SMS or the WAP ‘push’ link sent by us to commence the WAP Content download. If you cause or we suspect you may be causing interference with our Service in any way, you may be immediately disconnected and we may, in our sole discretion, terminate your use of our Website and/or Services and your status as a user, Registered User without any refund. Upgrades, enhancements or changes to our Service which require changes to your wireless or mobile devices, equipment, software or communications resources or facilities are strictly your responsibility.

We may deliver or make available to users, certain promotions, newsletters, alerts, services, news, programming, messages and information delivered via text messaging, email, through wireless or mobile devices or otherwise (individually and collectively, “messages”) and in some cases, your input of information into our Service will simultaneously enroll you in these services to receive such messages. We will always disclose these enrollments to you at the time you submit the information that is associated with the messages involved and unless you Opt-out at that time or at any time in the future (which we will always give you the right and opportunity to do) you will be deemed to have given us your consent to receive such messages. To avoid any doubt, by entering your wireless device number on our Service, completing the process or taking advantage of any activity, service, feature or function involving messages or any attempt by you to do any of these, you are giving us your express consent and agreeing to receive such messages, unless and until you Opt-out. If you communicate with, receive communications from, interact with or use the services, or obtain goods and services in connection with third parties, even if you do so as a result of using our Service, that is strictly between you and them and we are not responsible or liable in any way in connection with these activities or transactions. BY POSTING OR AGREEING TO RECEIVE MESSAGES, AS DESCRIBED IN THESE TERMS OF USE, YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY BE CHARGED BY YOUR WIRELESS OR MOBILE CARRIER FOR THESE POSTS AND/OR MESSAGES AND THAT THEIR STANDARD MESSAGING RATES APPLY UNLESS WE OR THEY EXPRESSLY TELL YOU OTHERWISE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY WIRELESS OR MOBILE CARRIER CHARGES (EMAIL, POSTING, SMS, TEXT OR OTHER MESSAGING OR OTHERWISE).

COMMUNITY REQUIREMENTS

Your use of our Service is subject to all applicable local, provincial, state, national and international laws and regulations and international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your internet service, SMS messaging address, MMS messaging address, wireless or mobile device number, email address, account or User ID. You may not use our Service, allow or enable others to use our Service or knowingly allow use of our Service by others, in any manner that is, attempts or is likely to:
(a) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive which may or may appear to impersonate anyone else.
(b) affect adversely or reflect negatively on us, our Service or on our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion of our Service, from becoming a Registered User or from advertising, linking or becoming a supplier or licensor to us;
(c) send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, “spamming” (i.e., SPAM) or “phishing”;
(d) be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for compensation or through links with any other web site or web pages;
(e) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware or other potentially harmful programs, material, code or information;
(f) forge any TCP/IP packet header or part of the header information in any message, email, chat or posting for any reason;
(g) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
(h) gain unauthorized access to our Service or any other users’ account, User ID, names, passwords, Personal Information, User information, profile, or other computers, web sites or web pages connected or linked to our Service or to use our Service in any manner which violates or is inconsistent with these Terms of Use;
(i) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Service or the rights or use and enjoyment of our Service by others; or
(j) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of our Service.

You are solely responsible and liable for Postings made under your User ID, name, user name, email address, password and/or your registration, and/or profile information, if any. Postings do not reflect our views and we do not represent or guarantee the truthfulness, accuracy, or reliability of any Posting, nor do we endorse or support any opinions or ideas expressed in any Posting. In no event shall we have or be construed to have any responsibility or liability for or in connection with any Posting. If we determine, in our sole discretion, you have not complied with any of our Terms of Use or if, in our judgment, you or any Posting violates these Terms of Use, we reserve the right, at any time, without notice, without any refund, and without limiting any and all other rights we may have, at law or in equity, to take any or all of the following actions: (a) refuse to allow you to Post again, (b) remove and delete your profile, any Postings, your registration, User ID, user name or any other indicia or authorization to use all or any of our Services, (c) revoke your registration and right to use all or any of our Services and (d) use any technological, legal, operational or other means available to enforce these Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration, access rights using your e-mail address, your User ID, user name and/or password.

To help make it easier for you to review and understand the behavior and conduct we expect you to comply with when using our Service and in our Communities, whether as a user, Registered User, you should read our Community Requirements carefully, because they are incorporated into these Terms of Use and form a part of the terms and conditions that are the legal agreement you have with us. The Community Requirements do not replace or change any of the terms and conditions in the Terms of Use that apply to you - they do supplement them and describe specific restrictions and obligations you have when you take advantage our Services.

UNSOLICITED SUBMISSIONS

Do not send us any original creative ideas, suggestions, content or materials intending or requesting that we review or evaluate them for use by us or any other party. We have no obligation or responsibility whatsoever for unsolicited submissions and if you send us any for any of those purposes it will automatically become our property, without any obligation of confidence or restrictions on our use or disclosure. We will then exclusively own all rights in unsolicited submissions, including derivative works, worldwide, and we are entitled to unrestricted use for any purpose, without attribution, compensation or otherwise to you or anyone else.

ADVERTISERS; LINKS TO THIRD PARTY SITES

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners as a result of or in connection with your use of our Service. For example, we may permit advertisers to display marketing and promotional material on our Service which we feel may be of interest to you and other users. All such communication, interaction and participation is strictly and solely between you and the third party(ies) involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any such third party).

The display of URLs, hypertext links on our Service (including within messages) or any other form of re-direction of your connection to, with or through our Service (‘links’) is not an endorsement, nor do we have any obligation, responsibility or liability resulting from any links. We do not verify or have any responsibility for any other parties or web sites (or their privacy policies) or for any of their goods or services even if we have a marketing, advertising or other arrangement with them. If a third party obtains information from or about you, we have no responsibility or liability for their conduct or activities. Our Privacy Policy describes how we treat Personal Information we obtain from you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

OUR SERVICE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR ANY GUARANTY OR ASSURANCE THE SERVICE WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

We are also not liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of our Service. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of our Service.

YOU UNDERSTAND AND AGREE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY PARENT, SUBSIDIARY, SUCCESSOR OR ASSIGN NOR OUR OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, SPONSORS, BUSINESS OR PROMOTIONAL PARTNERS, WIRELESS OR MOBILE CARRIERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF OR ARISING FROM OUR SERVICE, REGARDLESS OF THE FORM OF ACTION, THE LEGAL THEORY OR BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED ONE HUNDRED DOLLARS (US $100), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

You agree if you have a dispute with us or are dissatisfied with any aspect of our Service or any of the terms and conditions of your agreement with us, termination of your registration and use of our Service is your sole right and exclusive remedy, even if that right or remedy is deemed to fail of its essential purpose. You acknowledge and agree we have no other obligation, liability or responsibility to you or any other party. Under no circumstances shall we have any obligation to refund any monies actually paid by you for the Service.

Our Service has a finite, and therefore limited, capacity and some Postings and messages may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become inoperable. You acknowledge and agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver any Postings or messages or for any failure, inaccuracy or delay. Do not rely on the timeliness or performance of our Service for any transactions, Posting, messages or other communications.

INDEMNIFICATION

You agree to defend and indemnify us, any parent and subsidiary, as well as our and their officers, directors, employees, agents, licensors, representatives, advertisers, sponsors, business and promotional partners, wireless or mobile carriers, operational service providers and suppliers against any and all demands, claims and actions (including, without limitation, any claim you have improperly downloaded, used, encoded, decoded, compressed, copied, displayed, broadcast, adapted, accessed, exported or transmitted any Content) (“Claims”) and you will hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys’ fees) (“Losses”) resulting from your breach or violation of these Terms of Use, or any material, Content or that you Post, or otherwise make available, or your alteration, or unauthorized use or export of Content or messages, your violation of any law or regulation, or your infringement, misappropriation or violation of the rights of any other party. We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise and you agree to fully cooperate with us.

MISCELLANEOUS

These Terms of Use, including our Privacy Policy, our Community Requirements, any Additional Terms and our Services Agreement if applicable to you, are legally binding and constitute your agreement with us regarding the Service. They cannot be changed orally, by course of dealing or conduct or otherwise, but only as set forth in these Terms of Use. If any term or condition is held illegal, invalid or unenforceable, this will not affect any other provision each of which will continue in effect. Any term or condition which must survive to allow us to enforce its meaning shall survive; however, no action arising out of these Terms of Use or your use of our Service, regardless of the form of action or basis of the claim, may be brought by you more than 1 year after the cause of action has arisen (or if multiple causes, the date the first cause arose). Our delay or failure to take any action shall not be or be construed as a waiver of any term, condition or right we may have. You may not transfer or assign these Terms of Use or your right to use our Service to anyone and any attempt to do so shall be void ab initio.

If you breach (or we believe you may breach) these Terms of Use or we are notified, determine or have reason to believe you have or are engaging in conduct that violates any terms and conditions of these Terms of Use, we may deactivate, cancel, suspend or terminate your registration, and any other use of our Service, in whole or in part, without notice to you. We also reserve the right to terminate your use and registration on or in any or all of our Services, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Upon termination, we may declare all monies then due, owing and outstanding immediately due and payable and we will have no liability or further obligation of any kind to you or any other person and you will not be entitled to any refund. You may terminate your registration and User ID, at any time and for any reason, by sending an email requesting termination of your registration to support@tanwallet.com with your user name, password, mobile number and email address.

LAW THAT APPLIES

Your use of our Service and these Terms of Use, shall be governed, construed and enforced under the laws of the State of California applicable to contracts made, executed and wholly performed in California. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of California and you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

Any dispute by you with respect to the TankWallet Services as provided by TankWallet by shall be submitted to binding arbitration. The same shall be settled by arbitration in the State of California, before three disinterested arbitrators in accordance with the procedural rules of the American Arbitration Association. Such arbitrators shall be appointed as follows: The party desiring arbitration shall appoint an arbitrator by written notice to the second party. Within fifteen (15) days of receipt by the second party of such notice, the second party shall appoint an arbitrator by written notice to the first party. Should the second party not appoint an arbitrator, the matter shall be arbitrated by the arbitrator appointed by the first party, and the cost of such arbitrator shall be shared equally by you and TankWallet. Should the second party appoint an arbitrator, the two (2) appointed arbitrators shall appoint a third arbitrator within thirty (30) days of the appointment of the second arbitrator. If the two (2) arbitrators cannot agree upon a third arbitrator within said time, the third arbitrator shall be appointed by the presiding judge of the highest level state trial court located in the State of California. The three (3) arbitrators so appointed shall forthwith proceed to arbitrate the dispute. The decision of the arbitrators shall be final, conclusive and binding on the parties, but the powers of the arbitrators are hereby expressly limited to the determination of factual issues, and the arbitrators shall have no power to reform, supplement or modify this Agreement. The arbitrators shall make only required findings of fact incident to an arbitrable dispute, which findings shall be set forth in reasonable detail in a written decision by the arbitrators. You and TankWallet shall each bear the cost of the arbitrator appointed by it, and share equally in the cost the third arbitrator and of any other costs and expenses of such arbitration, and each shall separately pay its own attorneys’ fees and expenses.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND TANKWALLET WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using TankWallet Services you consent to these restrictions.

Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and TankWallet, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Miami Dade County, California. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.

ENTIRE AGREEMENT

The Privacy Policy, Community Requirements, if applicable the Services Agreement, and any Additional Terms that may apply to you and your use of our Service, are incorporated into and form a part of these Terms of Use as if fully set forth herein and together represent the complete and exclusive statement of terms and conditions between you and us regarding the subject matter, superseding any and all prior or inconsistent agreements, understandings, discussions, communications, written, oral or otherwise.

YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AGREE TO BE BOUND BY AND FULLY COMPLY WITH ALL THE TERMS AND CONDITIONS DESCRIBED HEREIN.