TERMS OF USE AGREEMENT

 

This Terms of Use Agreement (“Agreement”), constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Big propane tank and its affiliated companies, Websites, applications and tools (collectively, Big propane tank, “Company” or “we” or “us” or “our”), concerning your access to and use of the bigpropanetank.com Website(s) as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Sites”). The Sites provide the following service: Purchasing goods (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference. 

 

Company makes no representation that the Sites is appropriate or available in other locations other than where it is operated by Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Sites or use the Company Services.

 

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.

 

PURCHASES AND PAYMENT

 

Big propane tank may offer free trial or sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites If you wish to try our free options please read through them carefully first. Big propane tank will bill you through an invoice for our Services. By using our paid options you agree to pay Big propane tank all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize Big propane tank to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you agree to us charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Big propane tank reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

 

REFUNDS AND RETURNS

 

For more information on our return and refund policy please visit:  Return & Refunds.

USER REPRESENTATIONS

 

Regarding Your Registration

 

By using the Big propane tank Services, you represent and warrant that: 

 

1. all registration information you submit is truthful and accurate;
2. you will maintain the accuracy of such information;
3. you will keep your password confidential and will be responsible for all use of your password and account;
4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Sites; and
5. your use of the Company Services does not violate any applicable law or regulation.

 

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).

 

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.

 

Regarding Content You Provide

 

We may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to our Sites and/or to or via the Sites’ forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Big propane tank will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

 

1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Big propane tank and the Sites’ users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
3. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;
4. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Big propane tank), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
5. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
6. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
7. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

 

CONTRIBUTION LICENSE

 

By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Big propane tank an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We will not use your contribution in a way that infringes on your rights and always process your personal information lawfully and with your consent.

 

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

 

By uploading your Contributions to the Sites, you hereby authorize Company to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

 

GUIDELINES FOR REVIEWS

Big propane tank may accept, reject or remove reviews in its sole discretion. Big propane tank  has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Big propane tank, and do not represent the views of Big propane tank or of any affiliate or partner of Company. Flame King does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Big propane tank a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Big propane tank  to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

 

MOBILE APPLICATION LICENSE

 

Use License

 

If you are accessing the Big propane tank  Services via a mobile application, then Big propane tank  grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Big propane tank or other intellectual property of Big propane tank in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

 

Terms Applicable to Apple and Android Devices

 

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Big propane tank Services. You acknowledge that this Agreement is concluded between you and Big propane tank only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Big propane tank, not an App Distributor, is solely responsible for the Big propane tank application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Big propane tank application is limited to a non-transferable license to use the Big propane tank application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Big propane tank is solely responsible for providing any maintenance and support services with respect to the Big propane tank application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Big propane tank application. (3) WARRANTY: Big propane tank is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Big propane tank  application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Big propane tank application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Big propane tank application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Big propane tank  sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Big propane tank, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Big propane tank application or your possession and/or use of the Big propane tank application, including, but not limited to: (i) product liability claims; (ii) any claim that the Big propane tank application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Big propane tank application or your possession and use of the Big propane tank application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Big propane tank application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Big propane tank application. (8) THIRD PARTY BENEFICIARY: Big propane tank and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.  

 

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Big propane tank Services (“Submissions”) provided by you to Big propane tank are non-confidential and Big propane tank (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

PROHIBITED ACTIVITIES

 

You may not access or use the Sites for any other purpose other than that for which Big propane tank makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Big propane tank. Prohibited activity includes, but is not limited to:  

 

1. criminal or tortious activity 
2. attempting to impersonate another user or person or using the username of another user 
3. attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites 
4. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Sites 
5. deleting the copyright or other proprietary rights notice from any Sites’ content 
6. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools 
7. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorized script or other software 
8. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you 
9. interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites 
10. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses 
11. selling or otherwise transferring your profile 
12. systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company 
13. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords 
14. using any information obtained from the Sites in order to harass, abuse, or harm another person 
15. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau 
16. using the Sites in a manner inconsistent with any and all applicable laws and regulations 

 

INTELLECTUAL PROPERTY RIGHTS

 

The content on the Sites (“Big propane tank Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Big propane tank, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Big propane tank Content, includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All Big propane tank graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Big propane tank in the United States and/or other countries. Big propane tank trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Big propane tank. 

 

Big propane tank Content on the Sites is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and the Big propane tank Content and to download or print a copy of any portion of the Big propane tank Content to which you have properly gained access solely for your personal, non-commercial use. Big propane tank reserves all rights not expressly granted to you in and to the Sites and Flame King Content and Marks.