Welcome to FuelGauge. (“FuelGauge”, “Company“, or “We”) recommends that you read the following terms and conditions carefully. By accessing or using the FuelGauge website, the FuelGauge Service, including any software applications made available by FuelGauge (together, the “Website” or “Service“), however accessed or used, you agree to be bound by these terms (the “Terms of Service” or the “Agreement“). By using the Service, you agree to be bound by this Agreement, constituting a legally binding agreement between FuelGauge and you concerning your use of the Service.
No Permission Without Agreement
FuelGauge accumulates user project data to provide cash flow projections to small businesses. FuelGauge will provide the Service in accordance with its then-current pricing, as set forth on the Website. The Service is a tool to assist you in visualizing the projects you have planned for your business and their financial impact. However, FuelGauge makes no guarantees that your business will be successful. FuelGauge does not provide any materials with the intent that they will be used for the purpose of selling or offering for sale securities or raising money in any other way.
You are solely responsible for all User Data (as defined below), and are liable for your User Data and the manner in which you collect or distribute your Data to third parties. We reserve the right to remove any User Data from our Service that we determine is in violation of these Terms.
The following is a list of Terms that you agree to abide by when you use the Service:
You must be 18 years or older to use this Service.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. FuelGauge cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We may suspend your account at any time without notice for conduct that violates these Terms. Additionally, if you violate these Terms, you may be subject to legal liability and prosecution.
“User Data” means any personal data that you input into FuelGauge. We will maintain certain data that you transmit to FuelGauge. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken on the Service. 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.
FuelGauge takes no responsibility and assumes no liability for any User Data that you or any third party provides, posts, publishes or transmits using the Services. You shall be solely responsible for User Data and the consequences of using, disclosing, or transmitting it, and you agree that FuelGauge is acting strictly as a data processor.
Accounts and Passwords
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
If you wish to purchase a monthly subscription to FuelGauge, you will be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Service and its original content, features and functionality are and will remain the exclusive property of FuelGauge and its licensors. The Service is protected by copyright, trademark, and other laws of the United States. Our trademarks may not be used in connection with any product or service without the prior written consent of FuelGauge.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUELGAUGE, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. FUELGAUGE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. ANY IMPLIED WARRANTIES IN RESPECT TO THE SERVICES, SOFTWARE, AND CONTENT ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
FUELGAUGE, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
Limitation of Liability
In no event shall FuelGauge, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify and hold harmless FuelGauge and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Customer Data posted on the Service.
Termination & Cancellation
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
This Agreement shall be governed by the laws in force in the State of Indiana. The offer and acceptance of this contract are deemed to have occurred in the State of Indiana.
Any legal action of whatever nature brought by either you or use, shall be commenced or prosecuted in the state and federal courts located in Hamilton County, Indiana and the parties hereby consent to, and waive all defense of lack of personal jurisdiction with respect to venue and jurisdiction in such state and federal courts. In no event shall any claim, action or proceeding brought by either party related in any way to the site be commenced more than one (1) year after the cause of action arose.
We will not be deemed to be in breach of this Agreement for any failure caused by reasons beyond our reasonable control (including without limitation acts of god, war or civil disturbance), and it shall notify the other party as soon as practicable in writing of such failure.
FUELGAUGE RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING SUCH SITES. FuelGauge may, but is not obligated to, offer upgrades, updates, and improvements to the Website and Services, and to add or discontinue any Services.
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:
12574 Promise Creek Lane
Fishers, IN 46037