Pocket Fuel's products and services are provided by Practice Media Pty Ltd. These Terms of Service (Terms) govern your access to and use of Pocket Fuel's website, products, and services (Products). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.
1. Using Pocket Fuel
a. Who can use Pocket Fuel
You may use our Products only if you can form a binding contract with Pocket Fuel, and only in compliance with these.
Terms and all applicable laws. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Our license to you Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. Commercial use of Pocket Fuel If you want to use our Products for commercial purposes, you must first obtain prior written approval from Practice Media Pty Ltd.
d. Feedback you provide We value hearing from our users, and are always interested in learning about ways we can make Pocket Fuel more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Pocket Fuel does not waive any rights to use similar or related Feedback previously known to Pocket Fuel, or developed by its employees, or obtained from sources other than you.
2. Security
We care about the security of our users. While we work to protect the security of your content and account, Pocket Fuel cannot guarantee that unauthorized third parties will not be able to defeat our security
measures.
3. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pocket Fuel. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from DVD, you do so at your own risk and you agree that Pocket Fuel will
have no liability arising from your use of or access toany third-party website, service, or content.
4. Termination
Pocket Fuel may terminate or suspend this license at any time, with or without cause or notice to you. Upontermination, you continue to be bound by Sections 4-10 of these Terms.
5. Indemnity
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless DVD and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities,damages, losses, costs and expenses, including, without limitation, reasonable legal and accountingfees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, or (b) your breach of any of these Terms.
6. Disclaimers
The Products and all included content are provided on an as is basis without warranty of any kind, whether express or implied.
Pocket Fuel SPECIFICALLY
DISCLAIMS ANY AND ALL WARRANTIES ANDCONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT, AND ANY WARRANTIES ARISING
OUT OF COURSE OF DEALING OR USAGE OF TRADE.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCKET FUEL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS
OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (8) ANY
CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION
OF YOUR TRANSMISSIONS OR CONTENT.
8. Arbitration
For any dispute you have with DVD, you agree to first contact us and attempt to resolve the dispute with
us informally. If DVD has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Kuala Lumpur Regional Centre for Arbitration (KLRCA).
9. Governing Law and Jurisdiction
These Terms shall be governed by the laws of Australia, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Kuala Lumpur, for any actions not subject to Section 8 (Arbitration).
Our Products are controlled and operated from Australia, and we make no representations that they are appropriate or available for use in other Iocations.
10. General Terms
Notification Procedures and changes to these Terms. Pocket Fuel reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you.
By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
11. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pocket Fuel without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
12. Entire Agreement/Severability
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pocket Fuel without restriction. Any attempted transfer or assignment in violation
hereof shall be null and void.
12. Entire Agreement/Severability
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with DVD in connection with the Products, shall constitute the entire agreemen between you and DVD concerning the Products.
If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
13. No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pocket Fuel’s failure to assertany right or provision under these Terms shall not constitute a waiver of such right or provision.