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GasBuddy - Terms of Service

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Effective Date: July 31, 2025

Your use of the websites and mobile applications on which GasBuddy links these Terms of Service (collectively and individually, the "Site") and the features at this Site are subject to these Terms of Service. These Terms of Service apply when you access, visit, or use the Site. The Site is owned or controlled by GasBuddy, LLC ("GasBuddy" "we" or "us").

DISTRACTED DRIVING AWARENESS. DISTRACTED DRIVING IS VERY DANGEROUS. ALWAYS DRIVE IN ACCORDANCE WITH ALL TRAFFIC LAWS IN YOUR JURISDICTION OF RESIDENCE, AND IN A MANNER THAT IS APPROPRIATE AND SAFE FOR ROAD AND TRAFFIC CONDITIONS. ANY INTERACTION WITH THE SITE WHILE OPERATING A MOTOR VEHICLE IS STRICTLY FORBIDDEN. ANY PRICE UPDATES OR OTHER INTERACTIONS WITH THE SITE SHOULD ONLY BE SENT WHILE YOUR MOTOR VEHICLE IS NOT IN MOTION AND IN A LOCATION PERMITTED BY LAW. PASSENGERS OTHER THAN THE DRIVER MAY INTERACT WITH THE SITE WHILE THE MOTOR VEHICLE IS IN MOTION IN ACCORDANCE WITH LOCAL LAW, PROVIDED ANY SUCH INTERACTION DOES NOT DISTRACT THE DRIVER’S ATTENTION FROM THE ROAD OR TRAFFIC AND DOES NOT INTERFERE WITH THE DRIVER’S OPERATION OF THE MOTOR VEHICLE.

  1. About GasBuddy; Eligibility. GasBuddy is a Delaware limited liability company that helps motorists save money by providing motorists with current estimated retail gas prices. The Site is intended for and applicable only for residents of Canada who have reached the age of majority where they reside. If you are a minor, or do not reside in Canada, you may not use this Site. Residents of the United States may visit our American site, here.
  2. Acceptance of the Terms of Service. Please read these Terms of Service carefully because they govern your access to and use of the Site and set forth legally binding terms applicable to your use of our Site and the features made available through the Site. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE SITE.

    INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER NOTICE: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCLUDING INDIVIDUALS RESIDENT IN QUEBEC, ONTARIO, ALBERTA (IN RESPECT OF BINDING ARBITRATION), SASKATCHEWAN OR BRITISH COLUMBIA THIS TERMS OF SERVICE CONTAINS AN INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. SEE SECTION 25. BY AGREEING TO THE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, CAREFULLY CONSIDERED, AND UNDERSTAND ALL OF THE PROVISIONS OF THE INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AND THAT YOU EXPRESSLY AGREE TO BE BOUND THEREBY.
  3. Discontinuation of the Site; Termination of Your Access to the Site. GasBuddy may, in its sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice other than as required by law, or may prevent your use of the Site or any part of the Site with or without notice to you. You agree that you do not have any rights in this Site and that GasBuddy will have no liability to you if this Site is discontinued or your ability to access the Site or any content thereon is terminated.

    GasBuddy may terminate your account or your access to the Site or delete all information you may have submitted or made available to GasBuddy (including User Content (as defined in Section 12.A.)), or any part thereof, at any time, and without notice, for any reason, including if GasBuddy deems that you have violated these Terms of Service, the law, or for any other reason. GasBuddy assumes no liability for any information removed from our Site and reserves the right to permanently restrict access to the Site or a user account.
  4. Additional Terms. You understand that certain offers, services, and features that may be available on or through the Site may be subject to additional specific terms and conditions. This may include, but is not limited to, products, services, rewards programs, loyalty programs, and promotions (such as contests or sweepstakes). These additional specific terms and conditions are hereby incorporated by reference (collectively, the "Terms of Service"). In the event of any conflict between these Terms of Service and any such specific terms and conditions, the specific terms and conditions will control.
  5. Transactions and Product Availability. Through the Site, you may be able (or may in the future be able) to order or pay for products or services. To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to GasBuddy and the any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

    ANY PRODUCTS OR SERVICES DESCRIBED ON THE SITE ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
  6. Amendments. Except as otherwise provided herein, we may amend these Terms of Service from time to time. We will post any changes to these Terms of Service on the Site with a notice (drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment) advising of the changes at least thirty (30) days before the effective date of the changes. If you have provided us with your email address we will also notify you of changes to these Terms of Service by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. If you do not agree to the changes, you cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force. If you continue to use the Site after the effective date of any updated Terms of Service, then you are agreeing to be bound by the updated Terms of Service. If you don’t agree to be bound by the updated Terms of Service, then you may not use the Site. It is your duty to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding changes to these Terms of Service.

    You may opt out of any proposed amendments by terminating your account prior to the effective date of the proposed amendments. You may terminate your account by contacting us at help.gasbuddy.com, or by postal mail at 14241 Dallas Parkway, Suite 350, Dallas, TX 75254 Attn: GasBuddy Customer Service.
  7. GasBuddy Privacy Policy. In connection with your use of the Site, we may process personally identifiable information relating to you. Please read the GasBuddy Privacy Policy, located at https://www.gasbuddy.com/privacy/can for more information about our personal information collection, use, and sharing practices. The GasBuddy Privacy Policy is governed by these Terms of Service and by accepting these Terms of Service, you agree to the terms of the GasBuddy Privacy Policy.
  8. GasBuddy Accounts.
    1. You must create and maintain a GasBuddy account in order to be able to access the Site and the features thereon.
    2. Creating an Account. You can create a GasBuddy account through the Site or by logging in to the Site through your account on Facebook, or other compatible social media platforms as further determined by GasBuddy (each, a "Social Media Service"). By creating a GasBuddy account you represent that you are: (i) at least of the age of majority where you reside; (ii) of legal age to form a binding contract; and (iii) not barred from using the Site under the laws of Canada. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability to you of any promotional offer. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site’s various forms (the "Account Data"); (ii) maintain and promptly update the Account Data to keep it true, accurate, current and complete; (iii) only provide information about yourself; and (iv) not impersonate or attempt to impersonate another person or use a name in a way that otherwise causes confusion as to the origin of your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or that impersonates another person, or if GasBuddy has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current, or incomplete, or impersonates another person, GasBuddy may suspend or terminate your account and refuse to allow you to use the Site at any time.
    3. Accessing Your Account through a Social Media Service. If you choose to log in to the Site through your Social Media Service account, GasBuddy may have access to certain information that you make available through the applicable Social Media Service. By logging in to the Site through a Social Media Service, you grant us permission to access and use the information that you make available through the applicable Social Media Service, in accordance with the privacy or other settings that are applicable to your Social Media Service account. For more information on the information we collect about you from Social Media Services, please review the GasBuddy Privacy Policy. For more information on how you can manage the information provided to GasBuddy by the applicable Social Media Service, please review the privacy settings applicable to your Social Media Service account. Social Media Services are not partners or representatives of GasBuddy and GasBuddy is not responsible for the acts or omissions of any Social Media Service in connection with your account with the applicable Social Media Service.
    4. Account-Specific Terms and Obligations. It is your responsibility to maintain the currency, completeness, and accuracy of your Account Data and any other data you provide in connection with the Site, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the Site. You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device, whether authorized or unauthorized. You must keep your user account, username, and password secure. You must notify GasBuddy immediately of any breach or suspected breach of security or unauthorized use or suspected unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. GasBuddy is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. To the fullest extent permitted by applicable law, GasBuddy shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Site.
    5. GasBuddy Termination of Your Account or User Content. You understand that you have no ownership rights in your account or other access to the Site or features therein. GasBuddy may cancel your account or delete all information associated with your account, including any User Content or other materials you may have submitted to GasBuddy, at any time, and without notice, other than as required by applicable law, for any reason, including if GasBuddy deems that you have violated these Terms of Service, the law, or for any other reason. GasBuddy assumes no liability for any information removed from our Site and reserves the right to permanently restrict access to the Site or a user account.
    6. Your Termination of Your Account. You may terminate your account at any time by contacting us at help.gasbuddy.com. You may also delete your account by following account deletion instructions within the GasBuddy app on Apple and Android devices, or by contacting us at help.gasbuddy.com. We will endeavor to delete your account within 48 hours of receiving a request from you to terminate. Please note that even after you delete your account, we may retain some of the information associated with that account according to our internal retention policies. For example, we may retain information required for transactional records.
    7. Effect of Termination of Your Account. After deletion of your account, you will no longer be able to log into the account or have access to the Site or any features thereon. In addition, we may delete any information associated with your GasBuddy account, or we may retain certain of this information in accordance with our policies. This may include, at GasBuddy’s sole discretion, the deletion of Your User Content or any other User Content associated with you or your account. You also understand and acknowledge that, if you delete your account, you will not be able to restore your account prior to your deletion request by creating a new account. We may also terminate your account, or impose limits on or restrict access to parts or all of the Site at any time, without notice or liability, other than as required by applicable law.
  9. App Users. The use of the app version of the Site requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Site, including administrative messages, service announcements, diagnostic data reports if you choose to report a bug or error, and Site updates, from GasBuddy, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Site. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Site, including payment of all third party fees associated therewith, including fees for information sent to or through the Site.

    Subject to applicable law, GasBuddy may, at its discretion, automatically download Site updates to your device from time to time. You agree to accept these Site updates, and to pay for any carrier costs associated with receiving them. The Site may not work with all devices or all mobile carriers. GasBuddy makes no representations that the Site will be compatible with or provided by all mobile carriers. Some services may be subject to different or additional terms, which you will be required to agree to prior to your use of such services.
  10. Users of the Apple Site. If you download and use our iPhone or iPad App: You, the end-user of this Site, acknowledge that this agreement is entered into by and between GasBuddy, and you, and not with Apple, Inc., and Apple, Inc. is not responsible for the Site. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Site. You acknowledge that you have reviewed and agree to the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS), including the Usage Rules set forth therein, and the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Site is considered the "Licensed Application" as defined in the LAEULA and we are considered the "Application Provider" as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. In the event of any failure of the Site to conform to any applicable warranty set forth herein, you acknowledge that to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Site, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Site (including a third party claim that the Site infringes that third party’s intellectual property rights) or your use or possession of the Site, including: (i) product liability claims; (ii) any claim that the Site fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  11. Ownership of the Site and the GasBuddy Content. Except for Your User Content, you agree that GasBuddy and its licensors or partners own all rights, title and interest in the Site and all materials provided by us in connection with the Site, including software, images, screen shots, text, graphics, illustrations, digitally downloadable files, logos, patents, trademarks, service marks, product and product names, copyrights, photographs, content, data, and the compilation of the foregoing (the "GasBuddy Content"), and all intellectual property rights related to the GasBuddy Content or derived therefrom.

    You agree not to download, display or use any GasBuddy Content for use in any publications, in public performances, on websites other than this Site, including without limitation for any other commercial purpose, in connection with products or services that are not those of GasBuddy, in any other manner that is likely to cause confusion among consumers, that disparages or discredits GasBuddy or its licensors, that dilutes the strength of GasBuddy’s or its licensor’s property, or that otherwise infringes GasBuddy’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any GasBuddy Content or third party content that appears on this Site.

    The GasBuddy name, logo and symbols and related names are trademarks and service marks of GasBuddy (the "GasBuddy Marks"). You agree not to display or otherwise use any GasBuddy Marks without GasBuddy’s prior written consent.
  12. User Content
    1. Responsibility for User Content. Users of the Site may be able to upload, post, submit, provide, e-mail, transmit, or otherwise make available (collectively, "Transmit") content and data to the Site including comments, text, photographs, graphics, messages, tags, images, illustrations, information, and other materials (collectively, "User Content"). For the avoidance of doubt, User Content may include retail gas price data.

      You, and not GasBuddy, will be solely responsible for all User Content that you Transmit through the Site ("Your User Content"), and other users of the Site, and not GasBuddy, are similarly responsible for the User Content that they Transmit through the Site.

      By Transmitting Your User Content, you agree to assume full responsibility for Your User Content and represent and warrant that: (i) you are the sole and exclusive owner of all Your User Content or that you have all rights, licenses, consents or releases necessary to Transmit Your User Content and to grant to GasBuddy the rights to Your User Content described in these Terms of Service, (ii) all of Your User Content is truthful and accurate; and (iii) GasBuddy’s use of Your User Content as permitted herein does not and will not violate the privacy rights, publicity rights, contract rights, intellectual property rights, or other proprietary rights of any person or entity.

      Please remember that the Site is a public platform and that other users of the Site may search for, see or use any User Content made publicly available through the Site. GasBuddy has the right, but not the obligation, at any time and without notice, to pre-screen, refuse or remove any User Content that violates these Terms of Service or that it otherwise deems objectionable, such as, but not limited to the use of profanity, racism, hateful comments or material with sexual connotation. Should your account or Your User Content be removed from the Site, GasBuddy reserves the right to retain Your User Content for backup, archival, or audit purposes or for any other purpose permitted hereunder.
    2. Content on the Site. GasBuddy provides an online service and does not assume any duty to monitor the Site for inappropriate or unlawful User Content. GasBuddy is not responsible for, nor does GasBuddy necessarily hold the opinions expressed by, User Content. Opinions and other statements expressed by users of the Site are theirs alone. Users are fully responsible for the accuracy and completeness of the User Content that they contribute to the Site. GasBuddy does not endorse, guarantee, or assume any responsibility, obligation or liability relating to the applicable User Content, including liability for third-party claims against users of the Site for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
    3. Sharing User Content through Social Media Services. In the event that you share or post User Content to the Site through a Social Media Service, or post or share User Content to a Social Media Service through the Site, you agree to comply with all terms of use, policies and guidelines established by the applicable Social Media Service with regard to your User Content. You also agree to be solely responsible and liable for any claims arising as a result of sharing or posting User Content to or from any Social Media Service.
  13. GasBuddy’s Rights in User Content. GasBuddy does not claim ownership of Your User Content. You grant GasBuddy a perpetual, worldwide, fully paid-up, royalty-free, non-exclusive, sub-licensable (through multiple tiers), transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, edit, translate, adapt, publicly perform and publicly display User Content in any media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. The foregoing license includes, the right and license for GasBuddy to incorporate User Content into any form, medium or technology, now known or hereinafter developed, and to exercise any and all copyright, trademark, publicity, and database rights you have in your User Content in any media known now or in the future, all without compensation or further notice to you. Without limiting the foregoing, this license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. Further you waive all moral rights in and to your User Content in favour of GasBuddy, and anyone acting with its permission.

    You understand that the technical processing and transmission of data associated with the Site, including Your User Content, may require: (i) transmissions over various networks; and (ii) changes to your User Content to conform and adapt to technical requirements of connecting networks or devices.

    You release GasBuddy from and against any and all claims of any kind which you may have against GasBuddy in connection with such use of User Content as described herein, including those based on rights of publicity or privacy.
  14. Prohibited User Content. While using the Site, you agree that you will not Transmit any User Content that:
    1. is unlawful, harmful, violent, threatening, abusive, harassing, tortious, infringing, defamatory, pornographic, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially or ethnically objectionable, or otherwise objectionable or inappropriate as determined by GasBuddy;
    2. creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
    3. contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site or features of the Site or any computer software or hardware or telecommunications equipment;
    4. contains any advertising or promotional materials or any other form of solicitation or unauthorized communication;
    5. seeks to harm or exploit minors in any way, including by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
    6. violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal;
    7. impersonates any person or organization or misrepresents an affiliation with another person or organization;
    8. you are under an obligation to keep private or confidential;
    9. is protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
    10. contains personally identifiable information about any individual other than yourself;
    11. is inaccurate or misleading;
    12. infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  15. Prohibited User Conduct. While using the Site, you agree not to engage in (or allow any third party to engage in) any of the following prohibited activities:
    1. use, display, mirror or frame the Site, any individual element within the Site, the GasBuddy name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
    2. create a database by downloading and storing User Content or GasBuddy Content from the Site.
    3. Forward any data generated through the Site without the prior written consent of GasBuddy;
    4. access the Site by any means other than through the interface provided by GasBuddy and as otherwise expressly authorized under these Terms of Service;
    5. access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers;
    6. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GasBuddy or any of our providers or any other third party (including another user) to protect the Site;
    7. forge headers or otherwise manipulate identifiers in order to disguise the origin of any GasBuddy Content and/or User Content transmitted through the Site;
    8. attempt to access or search the Site or scrape or download User Content, GasBuddy Content, fuel price or other data or content from the Site, or otherwise Transmit content to, or create new links, reposts, or referrals in the Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by GasBuddy;
    9. provide false or misleading User Content (whether intentionally, negligently, or otherwise);
    10. send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
    11. use any meta tags or other hidden text or metadata utilizing the Site or a GasBuddy trademark, logo, or URL without GasBuddy’s express written consent;
    12. copy, modify, create derivative works from, decipher, decompile, disassemble, reverse engineer, reverse assemble, or otherwise attempt to discover any source code for any of the software of the Site or any GasBuddy Content, or attempt to do any of the foregoing;
    13. interfere with, or attempt to interfere with, the access of any user, host or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
    14. reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Site (including your account) or your access to or use of the Site;
    15. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects the ability of other users to engage in real-time exchanges;
    16. collect or store any personally identifiable information from other users of the Site;
    17. stalk or otherwise harass another person or entity;
    18. impersonate or misrepresent your affiliation with any person or entity;
    19. violate any applicable law or regulation; or
    20. encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
  16. User Feedback. GasBuddy welcomes and encourages your feedback, but please do not submit any proprietary or confidential information, suggestions, or materials via email, the Site or any other method. By submitting opinions, suggestions, feedback, or proposals through the Site, or through any other communication with GasBuddy, you acknowledge and agree that: (A) the suggestions or feedback you provide will not contain confidential or proprietary information; (B) GasBuddy is not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (C) GasBuddy shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide and without attribution to you; (D) GasBuddy may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (E) the suggestions and feedback you provide will automatically become the property of GasBuddy without any obligation of GasBuddy to you and you hereby assign all of your rights in the suggestions and feedback to GasBuddy; (F) you are not entitled to any compensation or reimbursement of any kind from GasBuddy under any circumstances, and (G) you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You expressly agree that you will solely bear any liability related to your submission of these materials through the Site or to GasBuddy. Where the assignment in this section 16 is not effective, you grant GasBuddy the same license and waiver of moral rights to your feedback that you grant in respect of User Content under section 13.
  17. Links to Other Websites. The Site may contain links to third party websites, resources or data ("Third Party Resources"), and other users of the Site may post links to Third Party Resources. Such Third Party Resources are not maintained by or related to GasBuddy and are provided as a convenience to users and are not sponsored by or affiliated with this Site or GasBuddy. You acknowledge and agree that GasBuddy is not responsible or liable for the availability of these Third Party Resources or for any content, advertising, products, services or other materials on or available through these Third Party Resources, including payment or delivery of such goods or services from these Third Party Resources. GasBuddy makes no representations or warranties about the content, completeness, or accuracy of these Third Party Resources. You also acknowledge that you are solely responsible for and assume all risk arising from the use of any of these Third Party Resources. These Terms of Service do not apply to Third Party Resources, including the content of and your activity on those Third Party Resources. Information you submit at a Third Party Resource accessible from this Site is subject to the terms of that site’s privacy policy, and GasBuddy has no control over how your information is collected, used, or otherwise handled. You should review the Third Party Resource terms of service, privacy policies and all other website documents, and inform yourself of the regulations, policies and practices of Third Party Resources.
  18. Disclaimer of Warranties. This section 18 applies to the fullest extent permitted under applicable law. GasBuddy makes no representations about the reliability of the features of this Site, the GasBuddy Content or User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. GasBuddy makes no representations regarding the amount of time that any GasBuddy Content or User Content will be preserved.

    GasBuddy does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by GasBuddy without the prior review and written approval of GasBuddy.

    THE SITE, INCLUDING ALL GASBUDDY CONTENT, USER CONTENT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GASBUDDY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "GASBUDDY PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE GASBUDDY PARTIES DO NOT WARRANT THAT THE SITE OR ANY DATA THEREON WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SITE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

    YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SITE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE GASBUDDY PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
  19. Limitation of Liability. THIS SECTION 19 APPLIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. GASBUDDY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND GASBUDDY’S REASONABLE CONTROL, INCLUDING ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING A NEGLIGENT ACT, WILL GASBUDDY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF GASBUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOU UNDERSTAND AND AGREE THAT THE GASBUDDY PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A GASBUDDY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SITE OR THE DATA THEREON.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  20. Limitation of Liability. Please report problems, offensive content, and policy violations to us by contacting us at help.gasbuddy.com. We reserve the right, but have no obligation, to remove any User Content from the Site at any time in our discretion. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Site and user accounts, prohibit access to the Site, and its content, delay or remove hosted content, in whole or in part, and take technical and legal steps to keep users from using the Site, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, circumventing temporary or permanent suspensions or harassing our employees or other users).
  21. Copyright Policy. GasBuddy respects the rights of content owners and asks that you do the same. You are responsible for any content that you make available through the Site. When sharing any content that is owned by third-parties, such as photographs, images, articles or links, you must have the permission of that third-party to do so in accordance with section 13 above, and you should credit the original source. GasBuddy is a provider of online services and does not monitor the Site or other sharing tools for inappropriate or unlawful content. If we receive a notice from a third party that alleges material you have posted violates their intellectual property rights, we may forward that notice to you and keep a record of your identity in accordance with applicable law. We may also remove any content from our Site, if we receive a complaint in respect of it, or for any other reason at our discretion, without notice or liability to you or any others.
  22. Release. If you have a dispute with one or more other users of the Site, you agree to release the GasBuddy Parties from any and all claims, demands or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and another user of the Site. In entering into this release you expressly waive any protections (whether statutory or otherwise), that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
  23. Indemnity. You agree to release, indemnify and hold the GasBuddy Parties harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of: (A) your User Content; (B) your use of the Site; (C) your violation of these Terms of Service; or (D) your violation of any law rights of another party.
  24. Choice of Law and Forum. Except as provided herein, and to the fullest extent permitted under applicable law, and excluding residents of the province of Quebec, jurisdiction and venue of any matter or Dispute not subject to arbitration shall reside exclusively in a state or federal court sitting in Dallas County, Texas.

    Except as provided herein, and to the fullest extent permitted under applicable law, and excluding residents of the province of Quebec, these Terms of Service are to be construed in accordance with and governed by the laws of the State of Texas, without regard to its choice of law principles, except that, as applicable, the US Federal Arbitration Act ("FAA") shall govern the arbitration and Individual Arbitration Agreement, (where such applies), without giving effect to any state law to the contrary.

    Notwithstanding anything to the contrary herein, residents of a jurisdiction with a law providing that agreements requiring resolution of claims or Disputes outside of that jurisdiction are void, unlawful, or unenforceable, shall be entitled to pursue resolution of claims and Disputes within the jurisdiction in which they reside, to the extent required under that jurisdiction’s law. For such claims and Disputes brought in such other jurisdiction, to the extent allowed by that jurisdiction’s law, and excluding residents of the province of Quebec, Ontario, British Columbia, Alberta and Saskatchewan, all other terms of the Individual Arbitration Agreement and Class Action Waiver shall apply to such claim or Dispute, including the mutual obligation to arbitrate or litigate claims and Disputes on an individual basis.
  25. Individual Arbitration Agreement (the "Individual Arbitration Agreement").

    This section 25 applies to the fullest extent permitted under applicable law, and does not apply to individuals resident in the provinces of Quebec, Ontario, Alberta, Saskatchewan, or British Columbia.

    This Individual Arbitration Agreement will survive termination of the Terms of Service.

    Although the Terms of Service are made and entered into between you and GasBuddy, GasBuddy’s affiliates, owners, members, managers, directors, and employees (the "Related Parties") are intended third-party beneficiaries of the Terms of Service for purposes of the provisions of the Terms of Service referring specifically to them, including the Individual Arbitration Agreement. You, GasBuddy, and the Related Parties (each, together with, as applicable, each of the Related Parties, a "Party" and collectively, the "Parties") acknowledge that nothing contained herein is intended to create any involvement by, responsibility of, or liability for, the Related Parties with respect to any dealings between you on the one hand and GasBuddy on the other hand, and the Parties further acknowledge that nothing contained herein shall be argued by any of them to constitute any waiver by the Related Parties of any defense that Related Parties may otherwise have concerning whether they can properly be made a Party to any Dispute between the other Parties.

    THIS PROVISION AFFECTS HOW CLAIMS YOU MAY HAVE AGAINST GASBUDDY OR THE RELATED PARTIES, OR CLAIMS GASBUDDY MAY HAVE AGAINST YOU, WILL BE RESOLVED. YOU UNDERSTAND AND AGREE THAT THE INDIVIDUAL ARBITRATION AGREEMENT OPERATES AS A SEPARATE AND DISTINCT AGREEMENT THAT IS SEVERABLE FROM THE REMAINDER OF THE TERMS OF SERVICE AND IS ENFORCEABLE REGARDLESS OF THE ENFORCEABILITY OF ANY OTHER PROVISION OF THE TERMS OF SERVICE OR THE TERMS OF SERVICE AS A WHOLE. CONSIDERATION FOR THIS INDIVIDUAL ARBITRATION AGREEMENT INCLUDES THE PARTIES’ MUTUAL AGREEMENT TO ARBITRATE DISPUTES. THE PARTIES FURTHER UNDERSTAND AND AGREE THAT THE UNENFORCEABILITY OF THE TERMS OF SERVICE IN WHOLE OR IN PART SHALL NOT SUPPORT A FINDING THAT THE INDIVIDUAL ARBITRATION AGREEMENT IN THIS CHAPTER IS UNENFORCEABLE.
    EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO PROMOTE TO THE FULLEST EXTENT REASONABLY POSSIBLE A MUTUALLY AMICABLE RESOLUTION OF DISPUTES IN A TIMELY, EFFICIENT, AND COST-EFFECTIVE MANNER, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY OR ANY COURT.

    Except as otherwise provided herein, any controversy, claim or dispute of whatever nature arising between you, on the one hand, and GasBuddy or the Related Parties, on the other, including those arising out of or relating to the Terms of Service or the breach thereof; the purchase or use of GasBuddy services or products; or the commercial, economic or other relationship of the Parties, whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law or otherwise ("Dispute") shall be settled through binding arbitration as provided herein.

    Except as provided herein, the arbitrator(s) shall have the exclusive power to determine and rule upon challenges to the arbitrator’s jurisdiction to preside over the Dispute, including any objections with respect to the existence, scope, or validity of this Individual Arbitration Agreement or to the arbitrability of any Dispute.

    Except as provided herein, all Disputes shall be submitted for resolution to binding arbitration in Dallas County, Texas, in accordance with the rules of the Judicial Arbitration and Media Services (JAMS) and this Individual Arbitration Agreement, which shall control in the event of any conflict, unless the laws of the state or province in which you reside expressly require otherwise. The JAMS rules and procedures are available at jamsadr.com and will be provided upon request to legal@pditechnologies.com.

    Notwithstanding the rules of JAMS, the following will apply to all arbitrations:
    • The Parties agree that time is of the essence.
    • The arbitration will be conducted in English (with appropriate translators as may be necessary).
    • The US Federal Rules of Evidence will apply in all cases.
    • The Parties will be entitled to bring motions under Rules 12 or 56 of the US Federal Rules of Civil Procedure.
    • The Parties will be allotted equal time to present their respective cases, including cross-examinations.
    • The decision of the arbitrator will be final and binding on the Parties and may, if necessary, be reduced to a judgment in a court of competent jurisdiction, except that a Party may choose to appeal certain arbitration awards as described below. Any motion or action to confirm, vacate, modify, or otherwise enter judgment on the award shall comply with the Choice of Law and Forum provision of these Terms of Service. Further, to the fullest extent allowed by law, any Party seeking to enforce an award of an arbitrator(s) shall submit the award under seal to maintain protections of confidential information, and the Parties hereby agree and consent to the filing of such a submission, motion, or order under seal.
    • The arbitrator(s) will have no authority to award punitive damages, except where an applicable law or statute expressly requires otherwise.
    In addition to the foregoing and notwithstanding the rules of JAMS, certain procedures will apply depending on the amount in controversy. For Disputes in which the amount in controversy is less than $1,000,000.00 (one million dollars), the following procedures will apply absent mutual written agreement of the Parties to the contrary:
    • The arbitration will occur within 180 days from the date on which the arbitrator is appointed and will last no more than five business days.
    There will be one arbitrator selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection:
    • The arbitrator shall institute discovery consistent with the goals of arbitration. Discovery and disclosure of information will be conducted under the rules provided by JAMS to achieve the usual goals of arbitration, including cost effective and efficient resolution of disputes between Parties, but in no event shall, the Parties be entitled to discovery rights greater than provided by the Federal Rules of Civil Procedure.
    For Disputes in which the amount in controversy is equal to or exceeds $1,000,000.00, the following procedures will apply absent mutual written agreement of the Parties to the contrary:
    • There will be three arbitrators selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.
    • The Parties will be entitled to, and limited by, all discovery rights permitted by the US Federal Rules of Civil Procedure.
    • The Parties will be entitled to appeal any arbitration award to an Appeal Panel under the JAMS Optional Arbitration Appeal Procedures. The Parties agree to request oral argument for any appeal filed under the Optional Arbitration Appeal Procedures
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A CLAIMANT, PLAINTIFF, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE JAMS RULES, THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO HEAR THE PARTIES’ DISPUTES ON A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE BASIS, AND, ACCORDINGLY, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES AND MAY NOT OTHERWISE PRESIDE OVER ANY PROCEEDING ON A NON-INDIVIDUAL BASIS EXCEPT WITH THE WRITTEN CONSENT OF ALL PARTIES TO AN ARBITRATION PROCEEDING.

    IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY (SUCH AS REPRESENTATIVE OR INJUNCTIVE RELIEF), THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND MUST BE STAYED PENDING ARBITRATION OF THE ARBITRABLE CLAIMS AND REMEDIES. THE PARTIES FURTHER AGREE THAT IF SUCH STAY IS LIFTED, UNLESS PROHIBITED BY APPLICABLE LAW, SUCH CLAIMS SHALL BE LITIGATED IN ACCORDANCE WITH THE CHOICE OF LAW AND FORUM PROVISION HEREIN.

    The Parties understand and agree that GasBuddy has valuable trade secrets and confidential information. The Parties agree to take all necessary steps to protect from public disclosure of such trade secrets and confidential information in any proceeding pursuant to this Individual Arbitration Agreement.

    Except as provided below, no Party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and determined as provided here, and then only for the enforcement of such arbitration award. Notwithstanding this Individual Arbitration Agreement, any Party may apply to a court of competent jurisdiction as necessary to enforce an arbitration award, or to seek a temporary restraining order or temporary or preliminary injunction to ensure that the relief sought in arbitration is not rendered ineffectual during the pendency of, or after the rendition of, a decision in any arbitration proceeding. Furthermore, notwithstanding anything to the contrary herein, to the extent a Party contests the jurisdiction of a state or federal court to preside over claims for a temporary restraining order or temporary or preliminary injunctive relief as described above, the court in which such claim is made shall have exclusive jurisdiction to determine whether it has jurisdiction to preside over and rule upon a Party’s request for the court to issue a temporary restraining order or temporary or preliminary injunction. The institution of any action shall not constitute a waiver of the right or obligation of any Party to submit any claim seeking relief other than that provided in this paragraph to arbitration.

    Other than your initial filing fees up to a maximum of $250, GasBuddy shall reimburse you for all filing, administration, and arbitrator fees associated with the arbitration proceedings commenced pursuant to the provisions of these Terms of Service. Notwithstanding the forgoing sentence, to the fullest extent permitted under applicable law, you shall be responsible for all additional fees and costs incurred in the arbitration, including your attorney and expert witness fees and costs.

    Bellwether Arbitration Procedures: Notwithstanding any provision of the JAMS Rules, these bellwether procedures shall be used when more than 10 arbitration cases pending at the same time present substantially similar or overlapping allegations of fact or law. Notwithstanding anything to the contrary provided herein, a court of competent jurisdiction, and not JAMS or an arbitrator, shall resolve any dispute over whether these bellwether procedures apply to any group of claims.

    The Parties recognize and agree that a large number of arbitration cases with similar allegations will impose excessive transaction costs regardless of the cases’ merit or lack of merit. The Parties also recognize and agree that it is logistically difficult or impossible to arbitrate simultaneously large numbers of substantially similar cases. The Parties therefore agree to use bellwether litigation procedures similar to those that courts use in mass-tort cases, based on the judiciary’s experience that, after one or a few cases are tried to verdict, most or all of the other cases settle or otherwise resolve themselves.

    The Parties thus agree that, to the maximum extent permitted by law, no more than 10 cases/arbitrations will be active at any one time. All remaining cases will be stayed, with the statute of limitations tolled. The Parties understand and agree that if these bellwether arbitration procedures apply, then adjudication of the Dispute may be delayed. Unless the Dispute resolves in advance, and notwithstanding anything to the contrary herein, the arbitrator(s) shall render their final and binding decision in any Dispute subject to these bellwether procedures within 180 days of the initial pre-hearing conference.

    As soon as one of the original active cases is resolved (by decision, settlement, or otherwise), a stayed arbitration shall replace it on the list of 10 active cases/arbitrations. Except as provided below, cases shall be placed on or moved to the active list in the order in which demands for arbitration are first received. Until a case is on or is moved to the list of 10 active cases, the sum any Party paid to initiate a case shall be refunded, and no Party shall have any obligation to pay any JAMS or arbitrator fees.

    If you claim exceptional hardship from any delay pursuant to this bellwether procedure, you may petition GasBuddy to waive the 10-case limit for that case. If GasBuddy does not agree, you may petition JAMS to place the arbitration on the list of 10 active cases, on the ground that delay will impose exceptional hardship. If JAMS finds exceptional hardship and grants the petition, JAMS shall (based on its determination of relative hardship) remove one other case from the list of 10 active cases/arbitrations and place it at the head of the list of stayed cases. Under no circumstances shall JAMS place more than 10 cases/arbitrations into active status. If more than 10 hardship applications are granted, JAMS shall determine which 10 cases/arbitrations shall proceed first, based on its determination of relative hardship.

    If you do not want to be subject to this Individual Arbitration Agreement, you may opt out by notifying GasBuddy in writing of your desire to opt out within thirty (30) days of your execution of the Individual Arbitration Agreement. Acceptable forms of notice include sending an email to legal@pditechnologies.com or by sending a letter dated and signed by the you to the following address:

    GasBuddy, LLC
    C/o PDI Technologies, Inc.
    14241 Dallas Parkway, Suite 350
    Dallas, TX 75254
    Attn: Chief Legal Officer

    Either email or letter must clearly state your name and the intent to opt out of this Individual Arbitration Agreement. GasBuddy reserves the right to terminate your account if you choose to opt out of the Individual Arbitration Agreement.

    Notwithstanding anything to the contrary in the Terms of Service, any amendment by GasBuddy to this Individual Arbitration Agreement shall take effect only upon an your express agreement to such amendment. You may indicate agreement to such proposed amendment by following the instructions accompanying the proposed amendment. GasBuddy may terminate your account if you do not agree to a proposed amendment to the Individual Arbitration Agreement within thirty (30) days after notice of the amendment is provided. Any such amendment shall apply to all claims or other Disputes brought by the Parties on or after the effective date of the amendment, regardless of the date of occurrence or accrual of any facts underlying such claims or Disputes.

    If any provision of this Individual Arbitration Agreement, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Individual Arbitration Agreement will remain in full force and effect.
  26. Class Action Waiver: THIS SECTION 26 APPLIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND DOES NOT APPLY TO INDIVIDUALS RESIDENT IN THE PROVINCES OF QUEBEC, ONTARIO, SASKATCHEWAN OR BRITISH COLUMBIA. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING, INCLUDING SUCH PROCEEDINGS BROUGHT IN FEDERAL OR STATE COURT.
  27. Special Provisions for Users Located Outside of Canada. If you are using the Site from a country embargoed by the United States or Canada, or are on the United States Treasury Department’s list of "Specially Designated Nationals", or any similar list maintained by the government of Canada, you agree that you will not conduct any commercial activities using or through the Site.
  28. Force Majeure. The failure of GasBuddy to comply with these Terms of Service because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, provincial/territorial or local governmental authorities or for any other reason beyond the reasonable control of GasBuddy, shall not be deemed a breach of these Terms of Service.
  29. Notices. Except as explicitly stated otherwise, legal notices shall be served on GasBuddy at 14241 Dallas Parkway, Suite 350, Dallas, TX 75254 Attn: Chief Legal Officer (in the case of GasBuddy) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given twenty-four (24) hours after the email is sent.
  30. Assignability. You may not assign or delegate any right or obligation you have under these Terms of Service, whether by operation of law or otherwise, without the prior written consent of GasBuddy. GasBuddy may assign or delegate any right or obligation under these Terms of Service, whether by operation of law or otherwise, without your consent.
  31. Waiver and Severability. Our failure to exercise or enforce any of these Terms of Service or to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms of Use is held to be invalid, void or unenforceable under applicable law, then the applicable provision will be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability.
  32. Headings and Interpretation. Headings are for reference purposes only and do not limit the scope or extent of such section. As used herein, the word "including" or any variation thereof means (unless the context of its usage otherwise requires) "including, wi`thout limitation" and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.
  33. Entire Agreement. These Terms of Service (including incorporated policies, rules, and product-specific terms) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms of Service: Section 3 (Discontinuation of the Site; Termination of Your Access to the Site), Section 7 (GasBuddy Privacy Policy), Section 8 (GasBuddy Accounts), Section 11 (Ownership of the Site and GasBuddy Content), Section 13 (GasBuddy’s Rights in User Content), Section 16 (User Feedback), Section 18 (Disclaimer of Warranties), Section 19 (Limitation of Liability), Section 22 (Release), Section 23 (Indemnity), Section 24 (Choice of Law and Forum), Section 25 (Individual Arbitration Agreement), Section 26 (Class Action Waiver), Section 29 (Notices), Section 30 (Assignability), Section 31 (Waiver and Severability), Section 33 (Entire Agreement), Section 35 (Third Party Beneficiaries), and Section 36 (No Partnership).
  34. No Oral Modification. Employees of the GasBuddy Parties are not authorized to modify the terms of these Terms of Service, either verbally or in writing. If any employee of the GasBuddy Parties offers to modify these Terms of Service, he or she is not acting as an agent for the GasBuddy Parties or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of the GasBuddy Parties or anyone else purporting to act on our behalf.
  35. Third Party Beneficiaries. These Terms of Service are between you and GasBuddy. There are no third party beneficiaries.
  36. No Partnership. Both you and GasBuddy acknowledge and agree that no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is formed.
  37. Contact Information. If you have any questions about these Terms of Service or your account, you may contact us at help.gasbuddy.com or by postal mail at 14241 Dallas Parkway, Suite 350, Dallas, TX 75254 Attn: GasBuddy Customer Service.