Terms and Conditions
Agreement to Our Terms and Conditions
Fuel3, LLC ("Company," "we," "us," or "our") operates the website located at fuel3.cpa, together with any related websites, content, resources, newsletters, downloadable materials, assessments, communications, products, and services that refer or link to these Terms and Conditions collectively, the "Services".
You can contact us by email at [email protected] or by mail at 211 Greenwood Ave, Suite 177, Bethel, Connecticut 06801.
These Terms and Conditions the "Terms" constitute a legally binding agreement between you, whether personally or on behalf of an entity "you", and the Company regarding your access to and use of the Services. Your use of the Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must discontinue use of the Services immediately.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.
1. Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Professional Services Disclaimer
Information provided on the Services is for general informational purposes only and does not constitute accounting, tax, financial, legal, or other professional advice.
Accessing or using the Services, submitting a contact form, scheduling a meeting, subscribing to a newsletter, downloading resources, or communicating with us through the Services does not create an accountant-client, advisor-client, or other professional relationship.
Any professional services will be governed solely by a separate written engagement agreement. You should not act or refrain from acting based solely on information available through the Services and should seek professional advice regarding your specific circumstances.
2. Intellectual Property Rights
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services collectively, the "Content", as well as the trademarks, service marks, and logos contained therein the "Marks".
Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and treaties around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your Use of Our Services
Subject to your compliance with these Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:
- Access the Services; and
- Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: [email protected].
If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.
Your Submissions
Please review this section and the "Prohibited Activities" section carefully prior to using our Services to understand the rights you give us and the obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services "Submissions", you grant us a perpetual, worldwide, royalty-free license to use, reproduce, and otherwise use such Submission for purposes of operating and improving the Services and responding to your request.
You Are Responsible for What You Post or Upload
By sending us Submissions through any part of the Services you:
- Confirm that you have read and agree with our "Prohibited Activities" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law.
3. User Representations
By using the Services, you represent and warrant that:
- You have the legal capacity and you agree to comply with these Terms;
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
- You will not use the Services for any illegal or unauthorized purpose; and
- Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof.
4. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including gifs, 1×1 pixels, web bugs, cookies, or other similar devices.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the Services.
- Use, launch, develop, or distribute any automated system, including any spider, robot, scraper, or offline reader that accesses the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses for unsolicited email.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or Content for any revenue-generating endeavor or commercial enterprise.
5. Services Management
We reserve the right, but not the obligation, to:
- Monitor the Services for violations of these Terms;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms;
- Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof;
- Remove from the Services or otherwise disable all files and content that are excessive in size or are burdensome to our systems; and
- Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
6. Term and Termination
These Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES, INCLUDING BLOCKING CERTAIN IP ADDRESSES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON.
This includes, without limitation, for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
7. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to conflict of law principles.
9. Dispute Resolution
Informal Negotiations and Arbitration
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms each a "Dispute" and collectively, the "Disputes" brought by either you or us individually, a "Party" and collectively, the "Parties", the Parties agree to first attempt to negotiate any Dispute informally for at least 14 days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the other Party.
If a dispute cannot be resolved informally, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association "AAA" in accordance with its applicable rules. The arbitration shall be conducted by a single arbitrator in the State of Connecticut.
The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Nothing in this section prevents either party from seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect its rights pending resolution of the arbitration.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:
- No arbitration shall be joined with any other proceeding;
- There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
- There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:
- Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
- Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
- Any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts located in the State of Connecticut.
The Parties agree to submit to the personal jurisdiction of such courts.
10. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
11. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services.
We will assume no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content and materials;
- Personal injury or property damage resulting from your access to and use of the Services;
- Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- Interruption or cessation of transmission to or from the Services;
- Bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or
- Errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising.
We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
12. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding anything to the contrary contained herein, to the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to the Services or these Terms shall not exceed one hundred dollars $100.
Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
13. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- Use of the Services;
- Breach of these Terms;
- Any breach of your representations and warranties set forth in these Terms;
- Your violation of the rights of a third party, including but not limited to intellectual property rights; or
- Any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
14. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
15. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
16. Miscellaneous
These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services.
You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
17. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Fuel3, LLC211 Greenwood Ave, Suite 177
Bethel, CT 06801
Email: [email protected]
Phone: 203-318-4070