General

The products and services (collectively the “Products and Services”) offered by or through Premier Points Inc. and fuelbank.com (“Premier”) are made available subject to the following Terms and Conditions. By using the Products and Services, you are agreeing to be bound by, and to comply with, these Terms and Conditions.

Content Supplied by Third Parties

Premier shall not be held responsible for the accuracy, copyright, or trademark compliance, legality, or decency of material provided to Premier by third parties.

Disclaimer of Warranties

Premier disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Products and Services. Premier disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Premier disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Products and Services.

The products and services are provided "as is," with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual proprietary rights, are expressly disclaimed to the fullest extent permitted by law. Premier disclaims any warranties for the security, reliability, timeliness, and performance of the products and services. To the fullest extent permitted by law, premier disclaims any warranties for other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as for any information or advice received through the products and services or through any links provided in the products and services. Premier similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the products and services. You understand and agree that any material downloaded or otherwise obtained through the use of the products and services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.

Premier further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within this website. Premier may make changes to these materials, or to the products described therein, at any time without notice. Premier makes no commitment to update this documentation.

Limitation of Liability

Under no circumstances shall premier be liable to any user on account of that user's use or misuse of and reliance on the products and services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if lycos has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the products and services, from inability to use the products and services, or from the interruption, suspension, or termination of the products and services (including such damages incurred by third parties). Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as by reason of any information or advice received through or advertised on the products and services or received through any links provided in the products and services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the products and services or any information or merchandise that appears on, or is linked or related in any way to premier’s web site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law.

Under no circumstances shall Premier be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Changes in Terms & Conditions and Changes in Products & Services

Premier reserves the right to modify the Products & Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. Premier reserves the right to modify these Terms & Conditions from time to time, without notice. Please review these Terms & Conditions from time to time so you will be appraised of any changes.

Premier’s Logo and Trademarks

Premier offers a non-assignable, non-transferable, and non-exclusive license to link to Premier's web site, using the certain Premier logos and slogans, subject to the following provisions. The Premier logos and search boxes may be placed on a Web site for the sole purpose of linking creating a link to Premier and allowing users of your site to access the Products and Services on Premier’s web page. The Premier logo and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Premier.

Arbitration, Governing Law and Forum for Disputes

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Province of Ontario, Canada applicable to contracts entered into and wholly to be performed within said Province. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

Tax Liability

Premier does not give tax or investment advice and under no circumstances is Premier liable for any tax liabilities arising out of the use of Premier’s web pages, Products and Services. Premier suggests that you contact your own tax advisor if you have any questions about the tax laws or regulations, or about your particular tax liability.

Indemnity and Release

By using Premier’s web sites you agree to indemnify Premier and its affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of Premier’s web sites. By using Premier you are hereby agreeing to release Premier and its affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. You hereby agree to waive all laws that may limit the efficacy of such releases.

Information that you supply to third parties

Premier cannot, and does not, make any representations or warranties as to the security of anyinformation (including, without limitation, credit card and other personal information) you might be requested to give to any third party. YOU ARE STRONGLY ENCOURAGED TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES. BEFORE USING PREMIER, PLEASE CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. All aspects of doing business with Premier, including the purchase of any products or services, are subject to Premier’s Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability. If you have any questions, please contact Fuel Bank immediately.