NOTICE: YOU MAY ONLY USE THIS APPLICATION IF YOU ARE AN AUTHORIZED CUSTOMER OF PS ENERGY GROUP, INC., AND YOU HAVE BEEN GIVEN AUTHORITY TO UTILIZE THIS APPLICATION. BY PROCEEDING TO USE THIS APPLICATION, YOU HAVE ACCEPTED AND ANY USE SHALL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU ARE NOT WILLING TO ACCEPT THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THIS APPLICATION.
PS Energy Group, Inc. (“PSE”) provides this mobile application as an alternative platform for customers to review data related to tank locations, fueling locations and for submission of online fuel orders (“the Platform”). The Platform and its components are wholly owned by PSE or its Third Party Providers, and you are using it under a non-transferable, non-exclusive, terminable and limited license to use the Platform solely to conduct business with PSE or to enhance your use of products or services supplied by PSE. The Platform and its components are protected under the copyright laws of the United States and other countries. By using the Platform, you acknowledge that the information provided shall not be duplicated or used, in whole or in part, for any purpose other than to conduct business with PSE. You shall not and shall not allow anyone else to (1) adapt, alter, modify, decompile, translate, disassemble, or reverse engineer the Platform; or (2) use the Platform for activities which are not consistent with the fueling activities which are being provided by PSE, and specifically not for activities which might be considered High Risk Activities, as defined below. You shall not remove, modify or alter any trade names, trademarks, service marks, logos or any other distinctive symbols, labels or designations included in the Platform or any of its components. Any use of this Platform, including any representations or warranties related to the use, shall be subject to the terms herein and of any Master Agreement between PSE’s customer by which you are employed and PSE (“Master Agreement”). Any use of the Platform or its components without the express written permission of PSE is prohibited.
IF THIS APPLICATION INCLUDES ANY MAPPING SERVICES, the mapping component of the Platform is provided by Google Maps, and any use of that component of the Platform by you shall be subject to and consistent with the terms of service found at http://www.maps.google.com/help/legal notices_maps.html . PSE makes no additional representations or warranties of the mapping component other than those offered by Google Maps. The Platform will not provide you Real Time Route Guidance (which is defined to include, without limitation, turn-by-turn route guidance and routing that is enabled through the use of a sensor, or in connection with any systems for automatic or autonomous control of a vehicle, or any use where the failure of the Platform could lead to death, personal injury or environmental damage (“High Risk Activities”)).
PSE AND ITS THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, other than as specifically set forth in an applicable Master Agreement which applies to you, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. THE PLATFORM AND ITS COMPONENTS, INCLUDING ALL IMAGES AND DATA PROVIDED THEREIN, ARE PROVIDED BY PSE AND ITS THIRD PARTY PROVIDERS, INCLUDING GOOGLE MAPS, “AS IS”. PSE AND ITS THIRD PARTY PROVIDERS DO NOT WARRANT THAT THE PLATFORM OR ITS COMPONENTS OR ANY IMAGE OR DATA OR ANY PORTION THEREOF WILL BE ERROR FREE, OR THAT YOUR USE THEREOF WILL BE UNINTERRUPTED. PSE AND ITS THIRD PARTY PROVIDERS ASSUME NO RESPONSIBILITY FOR THE PROPER INSTALLATION AND USE OF THE PLATFORM OR ANY COMPONENT. PSE AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT ANY IMAGES OR OTHER INFORMATION MADE ACCESSIBLE BY THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF FIRST DOWNLOADING THE PLATFORM.THE PLATFORM IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USES WHICH REQUIRE REAL TIME ROUTE GUIDANCE, INCLUDING THOSE DEFINED ABOVE. IN NO EVENT WILL PSE OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED (INCLUDING, BUT NOT LIMITED TO, USE, MISUSE, INABILITY TO USE, OR INTERRUPTED USE) AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT AND WHETHER OR NOT EITHER PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; OR FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PLATFORM OR ANY OF ITS COMPONENTS; unless and to the extent of any specifically stated warranties or remedies or damages allowed under any Master Agreement which is applicable to you.