Terms and Conditions

General

This web site is the property of Fuelbank Inc. (“Fuelbank”, “We”, “Us”, or “Our”). This web site (“Site”) and materials and information contained therein, is provided subject to the following Terms of Use ("Terms"). Use of this Site constitutes your full acceptance of these Terms. You may not use this Site if you do not agree to the Terms. We reserve the right to modify these Terms and to discontinue or modify the content, products and services offered. Your continued use of this Site shall be deemed to be acceptance of the modification.

Mission

The mission of this Site is to provide information designed to help you to protect your organization against unpredictable and volatile fuel prices. Our aim is to empower you to better control your fuel expense budget by purchasing fuel price protection. To the best of Our knowledge, all the information you will find on this Site is accurate. However, We cannot guarantee that the information or materials that We provide, or Our services, are going to produce specific results.

Mutual Respect

The content and services contained herein were created or assembled at considerable time and expense. We aim to make you successful, and to do so, We will only work with people who respect and value Our knowledge, time, and services.

Internet Content and Hyperlinks

There are inherent dangers using of any software or content found on the Internet, and We caution you to make sure that you completely understand the risks before retrieving any software or content on the Internet. Unless specifically noted by each link, We may have no direct affiliation with the Web sites linked to and does not necessarily endorse these sites, nor have they endorsed Us. We believe these sites to be run by reputable companies and to contain accurate and useful information. However, the software, links and content found on these sites is not under Our control and is not governed by these Terms or Our Privacy Policy. We cannot make any representations regarding the quality, safety or suitability of this material on linked sites. You agree that We are not responsible for the accuracy, legality, or copywright compliance or any other aspect of such sites. Use of linked sites and their content is at your own risk. The Uniform Resource Locator (URL) address in your web browser will tell you if you are still in Our Site or have moved elsewhere.

Use of this Site

You are accessing this Site using the Internet and your Internet service provider. Security cannot be guaranteed. We hereby disclaim all liability for any security breaches of online communications or for any electronic, computer or other system failures. We shall not be liable to any person for loss, liability or damages, including consequential or special damages, arising as a result of any security breaches or system failures or any other defect of the electronic online communication procedures, including, without limitation, loss due to data modification or destruction.

By using this Site, or information linked from this Site, you understand that We can not and do not guarantee or warrant that files available for downloading will be free of infection or viruses, worms, Trojan Horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means of reconstructing any lost data.

You agree not to use this Site for any purpose except access to descriptions of Our products and services. In using this site, you agree not to disrupt or interfere with this Site, its services, system resources, nor to upload, post or otherwise transmit any viruses or other harmful, disruptive, inappropriate, illegal or destructive files. You also agree not to use, attempt to use, or access other accounts, or create or use a false identity on the site.

Use of this Site is subject to Our Privacy Policy.

Cookies

Our Site may use cookies to identify you and keep track of your activity, or to deliver content specific to your interests, or to save your password so you do not have to re-enter it each time you visit this Site. A cookie is a text file that is placed on your computer by a web page server. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. Cookies will tell the web server that you have returned to a specific page. This simplifies the process of recording your personal data and saves time. When you return to our Site, the data that you previously provided can easily be retrieved.

Unauthorized Use of this Site

You may not use the materials and information provided on this Site for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited and potentially illegal include, but are not limited to:

Unauthorized copying of copyrighted materials including, but not limited to, digitization and distribution of content available on or from this Site.
You may not upload files that contain material protected by intellectual property laws, or any other applicable law or regulation unless you own or control the rights thereto and have received the necessary consents.
Exporting software or technical information in violation of U.S. export control laws.
Threatening bodily harm or property damage to individuals or groups.
Making fraudulent offers of products or services originating from Us or Our affiliates.
Attempting to access the accounts of others set up at this Site, or attempting to penetrate beyond security measures of Our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
Forging any message header, in part or whole, of any electronic transmission, originating or passing through Our services.
Distributing viruses to or from Our systems.
Disrupting any Site newsgroup, chat room or discussion group with frivolous, excessively vulgar or repetitious postings.
Posting or transmitting any message anonymously or under a false name.
Posting or transmitting any message which is libelous, defamatory or which discloses private or personal matters concerning any person.
Posting or transmitting any message, data, image or program which is indecent, obscene or pornographic.
Interfering with other Users' use of the Site.
Posting or transmitting any message which is harmful, threatening, abusive or hateful
We reserve the right, in Our sole discretion, but do not assume any obligation, to immediately remove any materials or information from this Site that violate these Terms or applicable laws or regulations, or that may subject Us or Our agents or suppliers to liability.

Copywright, Trademarks, Service Marks and Proprietary Rights

We control and operate this Site. All content on this Site, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content is owned and controlled by Us, Our affiliates, or by third party content providers, suppliers, merchants, sponsors and licensors that have licensed their content or the right to market their products and/or services to you using this Site. You agree to abide by all additional copyright notices, information, or restrictions contained in any content that is presented on this Site.

You may not use any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another web site any of the content or other materials on this Site without Our express prior written consent.

Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. You recognize that any reproduction or use of content, except as authorized by these Terms, is considered intentional infringement.

Jurisdiction, Severability

We operate this Website (excluding linked sites) from Our offices within the state of Florida. The Website can be accessed from other states, as well as from other countries around the world. These Terms, and all matters relating to your use of the Site, shall be governed by and construed in accordance with the laws of the United States of America, State of Florida, without regard to choice of law principles. You agree and hereby submit to the exclusive jurisdiction and venue of the courts of Lee County and the United States District Court for the Middle District of Florida for all disputes, cases and controversies regarding this Site, your use of this Site, and your relationship with Us and agree that such matters and shall not be governed by the United Nations Convention on the International Sale of Goods. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where the content is illegal is prohibited. Customers who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside and all other applicable export and re-import laws and regulations. If any provision of these terms is prohibited by or rendered invalid by applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms.

Indemnity

You agree to indemnify and hold harmless Fuelbank and its directors, officers, shareholders proprietors, employees, representatives and agents, affiliates and subsidiaries from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and all related costs and expenses) arising from your use or inability to use the Site, or from damage caused by your access, attempted access to or manipulation of any account or data of any third party and/or any defect in your system that causes damage to Our hardware, software or data.

Please read the next section carefully

Limitation of Liability

IN NO EVENT SHALL FUELBANK OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST OR INTERRUPTED BUSINESS, LOST DATA, LOSS OF USE) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE MATERIALS, SERVICES OR CONTENT ON THIS SITE (OR SITES LINKED TO THE SITE) EVEN IF FUELBANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Please read the next section carefully

Warranty Disclaimer

THIS SITE AND THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS, AS AVAILABLE" FOR YOUR USE WITHOUT ANY REPRESENTATION, WARRANTIES OR ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FUELBANK DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. FUELBANK, AND ITS AFFILIATES, MAKE NO WARRANTY THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE, CORRECT, COMPLETE OR TIMELY, AND MAKE NO WARRANTY THAT USE OF THIS SITE, OR THE MATERIALS AND INFORMATION CONTAINED THEREIN, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED, AND WE ASSUME NO RESPONSIBILITY FOR ANY DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NON-DELIVERY OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, OR LOSSES OR DAMAGES FOR ANY OTHER REASON.

FUELBANK AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND CONTENT ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

WE RESERVE THE RIGHT TO TERMINATE OR SUSPEND ACCESS TO THIS SITE, IN WHOLE OR IN PART, AT ANY TIME, WITHOUT NOTICE.

Waiver

No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by a duly authorized representative, partner or owner of the party claimed to have waived or consented. Should either party consent, waive or excuse a breach by the other party, whether expressed or implied, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach.

Confidentiality

Except as otherwise provided in our Privacy Policy, any material, information or other communication you transmit or post to this Site, including any data, questions, comments, suggestions, or reviews will be treated as non-confidential and non-proprietary. We will have no obligations with respect to such communications.

Force Majeure

We shall not be liable for damages for any delay or failure arising out of causes beyond Our reasonable control and without default or negligence, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials.

Entire Agreement

This agreement, together with the incorporated documents, constitutes the entire agreement between the parties relating to the Site and its use and supersedes any previous written or oral agreement or understanding of the parties hereto with respect to such subject matter

50 GALLON CLUB™ TERMS AND CONDITIONS

50 Gallon Club™ (“Club”) is a division of Fuelbank Inc. The following Terms and Conditions (“Terms”) apply to customers (“Customer”) of the 50 Gallon Club™.

By using the services of or purchasing fuel price protection from the 50 Gallon Club™, Customer agrees to be bound by the general Terms of Use included on Fuelbank web site www.fuelbank.com and by the prevailing Terms which are currently as follows:-

Club provides Customer with twelve months of price protection for a certain monthly volume of gasoline and/or diesel. If the product is not specified, one half of the total monthly volume protected will be applied to gasoline and the other half will be applied to diesel.
Fuel price protection is provided in two consecutive six month contracts. The commencement date of the first contract is determined by the date that Customer purchases fuel price protection and covers months one through six. On the expiry of the first six month contract, a second six month contract commences covering months seven through twelve.
Fuel price protection contracts are provided to Customer by INTL Hanley LLC.
Each six month contract includes a trigger price which takes into account NYMEX (New York Mercantile Exchange) gasoline and/or diesel futures prices rising by one dollar per gallon from current market levels (“Trigger Price”)
The Trigger Price for the first six month contract may be lower or higher than the Trigger Price for the second six month contract depending on NYMEX futures market conditions.
For each month in the contract, if the average monthly NYMEX settlement price for gasoline or diesel (“Settlement Price”) exceeds the Trigger Price, a monthly payout is made to Customer. Said monthly payout is equal to the difference between the Settlement Price and the Trigger Price multiplied by the monthly gallons protected under the contract, and is payable for each month that the Settlement Price exceeds Trigger Price.
Monthly payout is made directly from INTL Hanley LLC to Customer in the month following the month that such payout is triggered.
Monthly payout is based on the monthly gallons protected under the contract and not on the physical fuel consumed by Customer.
Club does not issue refunds. Once the order is placed and payment is submitted, the sale is final. Customer is responsible for reading, understanding and agreeing to these Terms & Conditions upon purchasing.

Risk Disclosure Statement - Trade Option Transactions

INTL Hanley, LLC, and Fuelbank Inc. and 50 Gallon Club™ (hereinafter collectively termed “INTL Hanley”) believe that Counterparties should be aware of the risks involved in entering over-the-counter trade options (“Trade Options”).

The following is a brief summary of certain considerations that Trade Option buyers should take into account in deciding whether to participate in such transactions. This summary is not meant to be all-inclusive; rather it is intended to highlight certain of the more significant factors and special risks relating to Trade Options.

Before entering into a Trade Option transaction you should understand fully the terms of the transaction and make your own assessment of the risks associated with the transaction into which you propose to enter. Also you should evaluate carefully whether the transaction is appropriate for you in light of your experience, financial objectives and needs, financial resources, and other relevant circumstances. In making these assessments, we strongly recommend that you obtain independent legal and financial advice before entering into any transactions.

You should be aware that Trade Options are transactions under which, depending on fluctuations in value or volatility of the commodity underlying the contract, you could lose money. Specific market movements of the commodities underlying the Trade Option cannot be accurately predicted. In the case of some transactions your potential loss may be unlimited.

INTL Hanley cannot and does not make any representation to you in respect of any gains you may realize by entering into Trade Options. As noted above, Trade Option contracts can result in loss as well as profit.

1. General

When you enter into Trade Options with us, you will be entering into a privately negotiated contract with INTL Hanley. The transactions are not executed on an exchange and are not cleared on a central clearing organization. Consequently, any contract with INTL Hanley will be solely an obligation of INTL Hanley (as opposed to an obligation of a clearing house as in the case of an exchange-traded contract) and you will not be afforded the regulatory and financial protections offered by exchange-traded contracts.

Each of you and INTL Hanley is obliged to perform their respective obligations under each transaction in accordance with its terms. The terms of each Trade Option are set out in the Confirmation.

Because each Trade Option is a transaction between you and INTL Hanley, and is not cleared on a central clearing house, you will not be able to transfer your obligations under the transaction to another person without consent. In addition, INTL Hanley is under no obligation to terminate or close out the transaction prior to the expiry date for that transaction. INTL Hanley may, but is not obligated, to quote you a price for an early close out of a contract on request.

2. Option Transactions

The risks inherent in an option transaction will depend on whether you are the purchaser or seller of an option and the style of the option.

Where you have purchased a long Trade Option, you may suffer a total loss of premium (plus transaction costs) if that option expires worthless. This risk reflects the nature of a long Trade Option or an asset that tends to decline in value over time. The price of the underlying commodity must either rise above the strike price for a call option, or fall below the strike price for a put option, as the case may be, by an amount in excess of the sum of the premium and all other costs incurred in entering into and exercising the option for you to realize a profit on the transaction.

Where you sell (write), or are short, an option the risks are greater. Where you have sold or are short Trade Options with a higher face value than options you have bought, the risks can be greater than those associated with forwards or swaps. Where the written option is not covered by a physical position or forward commitment you will be exposed to full price risk on the option commodity.

Any Trade Option which you have sold may be exercised at INTL Hanley’s discretion, thus you cannot be sure of your position resulting from the option until the expiry date. An American-style option may be exercised at any time (i.e. on any business day) during the specified exercise period prior to the expiration. A European-style option may be exercised only on the specified exercise date. An Asian-style option is a variant of the European-style option. Otherwise known as an “average price” option, in an Asian-style option the reference price in relation to the underlying commodity is derived from an agreed upon calculation, which, by way of example, may be based upon an average of an underlying commodity’s market price at predetermined dates occurring during a specified averaging period, with the exercise date occurring at the end of such averaging period.

3. Basis Risk

A Trade Option contract may not be a perfect hedge against a particular type of risk. Even small differences between the terms of the transaction and the underlying commodity position to which the transaction relates may create a basis risk.

4. Other Risks

There are other risks which relate to Trade Option contract transactions that cannot be listed above. For example, there can be serious market disruptions if a major institution fails or political events locally or overseas affect the market. It is not possible to foresee all risks in advance.

5. Arm’s Length Transactions

INTL Hanley may offer specific proprietary Trade Option products to Counterparties.

You need to ensure that you fully understand any risks associated with such instruments, prior to entering into any transactions.

In entering into Trade Option contract transactions you should understand that INTL Hanley is acting solely in the capacity of an arm’s length contractual counterparty to you in connection with the transaction and not in the capacity of your financial adviser or fiduciary. Accordingly, you should not regard any transaction proposal, suggested hedging strategies or other written materials or oral communications from INTL Hanley as investment recommendations or advice or as expressing INTL Hanley’s view as to whether a particular transaction is suitable for you or meets your financial objectives.

6. Limited Transactions

These Trade Options are available only to a producer, processor, or commercial user of, or a merchant handling, the commodity which is the subject of the Trade Option transaction, or the products or byproducts thereof, and where the producer, processor, commercial user or merchant confirms that the Trade Option transaction is solely for purposes related to the Counterparty’s business as such. By executing this agreement, Counterparty warrants that Counterparty is such a producer, processor, commercial user or merchant and reasonably expects to produce or utilize the commodities identified within the attached New Account data sheet in its business.

This agreement is not intended to, and does not, create or give rise to any fiduciary duty on the part of either party to the other.