Terms of Service

EFFECTIVE January 22, 2018

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. The Fueled Collective (“Fueled Collective”) website allows users to receive information about Fueled Collective (including e-mail newsletters), interact with other members or visitors to the Fueled Collective website, and book, cancel and pay for services offered at Fueled Collective facilities. The services (“Fueled Collective Services”) offered by Fueled Collective include but are not limited to the www.FueledCollective.com website (“Website”), which is hosted in the United States, the Fueled Collective mobile application (“App”), and the proprietary Fueled Collective software program, “Octane” (the Website, App, and Octane referred to collectively as the “Fueled Platforms”). These terms and conditions (“Terms of Service”) set forth the legally binding terms for your use of the Fueled Collective Services. By using the Fueled Collective Services, you agree to be bound by these Terms of Service, whether you are a “Visitor” (which means that you simply browse the Fueled Collective website) or you are a “Member” (which means that you have registered with Fueled Collective and/or purchased one or more Fueled Collective Services). The term “User” refers to a Visitor or a Member. You are only authorized to use the Fueled Collective Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read this Terms of Service notice carefully and save it. If you do not agree with it, you should leave the Fueled Platform from which you are accessing the Fueled Collective Services, and discontinue use of the Fueled Collective Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.

YOUR ACCEPTANCE

By using and/or visiting a Fueled Platform, you signify your agreement to these Terms of Service, as well as Fueled Collective’s “Privacy Policy” (found at www.fueledcollective.com/privacy-policy and incorporated herein by reference). If you do not agree to any of these terms or to any of the terms of the Fueled Collective Privacy Policy, please do not use any of the Fueled Platforms. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up to date version, which will always be posted at www.fueledcollective.com/terms-of-service Fueled Collective may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

FUELED COLLECTIVE WEBSITE

These Terms of Service apply to all Users of the Fueled Platforms. The Fueled Collective website may contain links to third-party websites that are not owned or controlled by Fueled Collective. Fueled Collective has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including privacy and data gathering practices. In addition, Fueled Collective will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve and release Fueled Collective from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Fueled Collective website and to read the terms and conditions and privacy policy of each other website that you visit. Upon leaving the Fueled Collective website these Terms of Service shall no longer govern.

FUELED COLLECTIVE ACCOUNTS

In order to access some features of the Fueled Platforms, you will have to create a Fueled Collective account. You may not use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Fueled Collective immediately of any breach of security or unauthorized use of your account. Although Fueled Collective will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Fueled Collective or others due to such unauthorized use.

GENERAL TERMS

ELIGIBILITY

Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of, or access to the Fueled Platforms by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Fueled Collective Services or the Fueled Platforms, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.

TERM

These Terms of Service shall remain in full force and effect while you use the Fueled Collective Services or are a Member. You may terminate your membership at any time by following the procedures set forth in your membership agreement. Fueled Collective may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.

FEES

You acknowledge that Fueled Collective charges fees for its services, and Fueled Collective reserves the right to change its fees from time to time in its discretion. If Fueled Collective terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.

PASSWORD

When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Fueled Collective immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

GENERAL USE OF THE WEBSITE — PERMISSIONS AND RESTRICTIONS

Fueled Collective hereby grants you permission to access and use the Fueled Platforms as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the Fueled Platforms, without Fueled Collective ’s prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations. Fueled Collective reserves the right to discontinue any aspect of the Fueled Platforms at any time.

YOUR USE OF CONTENT ON THE SITE

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Fueled Platforms. The content on the Fueled Platforms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Fueled Collective, subject to trademark, trade dress, copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Fueled Collective reserves all rights not expressly granted in and to the Fueled Platforms and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Fueled Platforms or the Fueled Collective Services, provided by you to Company are non-confidential and shall become the sole property of Fueled Collective. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Fueled Platforms or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Fueled Collective website or the Content therein.

TRADEMARKS

“Fueled Collective”, the “Fueled Collective” logo and other trademarks, service marks, trade names and identifying characteristics, including without limitation, the graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of Fueled Collective IP, LLC and its affiliates in the U.S. and/or other countries for which applications are pending, or registrations have been issued. Fueled Collective’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fueled Collective.

MOBILE SERVICES

The Fueled Collective Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Fueled Collective Services via your mobile phone, (ii) the ability to receive and reply to Fueled Collective messages, (iii) the ability to browse Fueled Collective from your mobile phone and (iv) the ability to access certain Fueled Collective features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Fueled Collective and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

ACCOUNT TERMINATION POLICY

Fueled Collective will terminate a User’s access to its website or Mobile Services if, under appropriate circumstances, they are determined to be a repeat infringer of this Terms of Service or any other policy of Fueled Collective. YOU AGREE THAT YOUR USE OF THE FUELED COLLECTIVE WEBSITE AND MOBILE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FUELED COLLECTIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FUELED PLATFORMS AND MOBILE SERVICES AND YOUR USE THEREOF. FUELED COLLECTIVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FUELED PLATFORMS OR FROM THE CONDUCT OF ANY USERS OF THE FUELED COLLECTIVE SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FUELED PLATFORMS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FUELED PLATFORMS. FUELED COLLECTIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FUELED PLATFORMS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FUELED COLLECTIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FUELED COLLECTIVE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND FUELED COLLECTIVE EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FUELED COLLECTIVE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE FUELED COLLECTIVE SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FUELED COLLECTIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FUELED PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FUELED PLATFORMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE FUELED PLATFROMS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FUELED PLATFORMS OR THROUGH USE OF THE MOBILE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FUELED COLLECTIVE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Fueled Platforms and Mobile Services are controlled and offered by Fueled Collective from its facilities in the United States of America. Fueled Collective makes no representations that the Fueled Collective website or Fueled Collective Mobile Services are appropriate or available for use in other locations. Those who access or use the Fueled Platforms or Fueled Collective Mobile Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Fueled Collective, its affiliates, parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Fueled Platforms and Mobile Services, or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Fueled Platforms and Mobile Services.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as neither the Fueled Platforms, nor the Fueled Collective Mobile Services are intended for children under 13. If you are under 13 years of age, then please do not use the Fueled Platforms or Mobile Services.

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fueled Collective without restriction.

GOVERNING LAW; VENUE AND JURISDICTION

You agree that: (i) the Fueled Platforms and Mobile Services shall be deemed solely based in Ohio; and (ii) the Fueled Platforms and Fueled Collective Mobile Services shall be deemed a passive website that does not give rise to personal jurisdiction over Fueled Collective, either specific or general, in jurisdictions other than Ohio. These Terms of Service shall be governed by the internal substantive laws of the state of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and Fueled Collective that arises in whole or in part from the Fueled Collective website or Fueled Collective Mobile Services shall be decided exclusively by a court of competent jurisdiction located in Cincinnati, OH, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Ohio. These Terms of Service, together with the Privacy Policy (located at fueledcollective.com/privacy) and any other legal notices published by Fueled Collective on the website, shall constitute the entire agreement between you and Fueled Collective concerning the Fueled Platforms and Fueled Collective Mobile Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Fueled Collective’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Fueled Collective reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Fueled Platforms following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND FUELED COLLECTIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FUELED COLLECTIVE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

ARBITRATION

YOU AND FUELED COLLECTIVE AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Either Fueled Collective or you may demand that any dispute between Fueled Collective and you about or involving the Fueled Collective Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Cincinnati, Ohio, USA, provided that the foregoing shall not prevent Fueled Collective from seeking injunctive relief in a court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

SUBMISSIONS

acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Fueled Collective website or the Fueled Collective Services, provided by you to Fueled Collective are non-confidential and shall become the sole property of Fueled Collective. Fueled Collective shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

HOW TO CONTACT US

If you have any questions or concerns about the Fueled Collective Terms and Conditions for this site, its implementation or your personal information, you may contact us by email at legal@fueledcollective.com by telephone at (513) 457-7786 or by postal mail to Fueled Collective Franchising LLC, 3825 Edwards Road, Suite 103, Cincinnati, OH 45209

Copyright © 2018 Fueled Collective IP, LLC. All Rights Reserved. Updated 01/22/2018.