Terms and Conditions

These Terms of Use are an Agreement ("Agreement") between Ogden Services, LLC dba FUEL it ("FUEL it") and the individual who is viewing this online Agreement ("End User", "You", or "Your"). Before accessing the FUEL it Training Center online learning management system (“LMS”), which contains FUEL it content and other 3rd party content, along with associated documentation, media, and online or electronic documentation, and other content and updates (collectively, the "FUEL it courses"), You must agree to the terms and conditions of this Agreement. 

BY ACCESSING THE FUEL IT COURSES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY OF ITS TERMS, THEN YOU WILL NOT HAVE ANY LICENSE TO ANY FUEL IT COURSES. FUEL IT’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS OF THIS AGREEMENT; IF THESE TERMS ARE CONSIDERED AN OFFER BY FUEL IT, THEN ACCEPTANCE IS LIMITED TO THESE TERMS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FUEL IT. 

 

If You are accepting this Agreement on behalf of a company, organization, government or other legal entity, you represent and warrant that (i) You are authorized to do so, and (ii) the entity agrees to be legally bound by this Agreement. 

The FUEL it Courses and website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the FUEL it Courses and website are not intended to be used by individuals under the age of 18. If You do not qualify, please do not use or access the FUEL it Courses or website. 

 

1. LICENSE. Subject to the terms and conditions of this Agreement, FUEL it grants You, subject to FUEL it's receipt of all appropriate license fees, a personal, restricted, time-limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and use the FUEL it Courses purchased by You solely Your personal or internal business purposes and solely from the LMS FUEL it (the “License”). 

 

2. RESTRICTIONS.

 

     2.1 The License granted hereunder is personal to You. You may not transfer any of the rights granted to You under this Agreement, nor may You permit third parties, including but not limited to Your subsidiaries and affiliates, to benefit from the use or functionality of the FUEL it Courses. Any attempt by You to transfer any of the rights, duties or obligations hereunder is void and will be deemed a breach of this Agreement. The FUEL it Courses are licensed as a single product; they may not be shared or used by multiple users. A FUEL it Course may not be assigned to another person once You have enrolled in a FUEL it Course.  Libraries and bundles of FUEL it Courses are available for a single user only and may not be separated or used by multiple users.  

 

     2.2 You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) use, copy, print, modify, adapt, create derivative works of, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, distribute, publicly perform, publicly display, or otherwise grant rights to the FUEL it Courses, or any copy thereof, in whole or in part, except as expressly provided in this Agreement; (ii) reverse engineer, disassemble, decompile, or translate the FUEL it Courses, or otherwise attempt to derive the source code, structural framework or the data records of the FUEL it Courses; (iii) loan or resell the FUEL it Courses, or any part thereof in any way including, but not limited to, making the FUEL it Courses available to any other person, including using on a service bureau or time sharing basis, via shared access to a computer network or access information, which may include the log-in name and password or other authentication data for the FUEL it Courses; (iv) remove any proprietary notices or labels from the FUEL it Courses; or (v) make copies of the FUEL it Courses, copy any printed materials or documentation accompanying the FUEL it Courses or give copies to another person, or duplicate the FUEL it Courses by any other means, including electronic transmission, except as specifically set forth herein. You may print one copy of an e-kit (student materials provided electronically) solely in accordance with the instructions provided to You regarding the specific e-kit transmitted to You.  IN NO EVENT ARE YOU AUTHORIZED TO DOWNLOAD ANY FUEL it COURSES ONTO YOUR COMPUTERS, SERVERS OR OTHER DEVICES. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE FUEL it COURSES TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. 

 

     2.3 You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) copy the LMS FUEL it or any part thereof; (ii) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code from the LMS FUEL it; (iii) write or develop any derivative or other software programs based, in whole or in part, upon the LMS FUEL it; (iv) interfere with or disrupt the integrity or performance of the LMSFUEL it or any data contained therein; (v) attempt to gain unauthorized access to the LMS FUEL it or its related data, systems or networks; (vi) publish or disclose to third parties any evaluation of the LMS FUEL it without FUEL it’s prior written consent; and/or (vii) perform vulnerability, load or any other test of the LMS FUEL it without FUEL it’s prior written consent. 

3. OWNERSHIP. The FUEL it Courses (including but not limited to all copyrights, patents, patent applications, trade secret rights, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other media incorporated into the FUEL it Courses) and the LMS FUEL it are the property of FUEL it or its licensors and suppliers and are protected by U.S. and international copyright and other intellectual property laws and treaties. The FUEL it Courses are licensed, not sold, to You for use only under the terms of this Agreement, and FUEL it reserves all rights not expressly granted to You. FUEL ittraining.com, the FUEL it Course names, and the FUEL it logo referenced in the FUEL it Courses are either trademarks or registered trademarks of FUEL it. Other product and company names mentioned in the FUEL it Courses are the trademarks of their respective owners. For clarification, You will have no ownership or other right, title or interest in and to the FUEL it Courses, including but not limited to any copyright and trademark rights, except as for the limited License to the FUEL it Courses purchased by You. You will indemnify FUEL it for any and all costs, expenses and damages incurred by FUEL it as a result of Your infringement of FUEL it'’s and its licensors’ intellectual property rights in or to the FUEL it Courses.

 

4. TERM. Every FUEL it Course has an expiration date. Unless indicated otherwise in the FUEL it Course, each FUEL it Course License will expire one (1) year after it is licensed by You. Your License to a FUEL it Course commences on the date You licensed the FUEL it Course from FUEL it (the date of online payment or the invoice date if not purchased online) and will terminate on the sooner to occur of: (i) the date You successfully complete the licensed FUEL it Course as evidenced by passing the final exam and/or being eligible for a certificate of completion; or (ii) the date the FUEL it Course License expires. You agree and understand that upon termination of the License, You will no longer be able to use or access the FUEL it Course You licensed. Sections 2 ("Restrictions"), 3 ("Ownership"), 8 ("Warranty Disclaimer"), 9 ("Limitation of Liability"), 11 ("Export Law"), 12 ("General") and 14 (“Modifications”) will survive termination of the licenses granted under this Agreement.

 

5. TERMINATION. This Agreement will terminate with respect to a FUEL it Course License immediately without notice to You (i) upon Your License terminating pursuant to Section 4; or (ii) if You breach any term or condition of this Agreement. FUEL it reserves the right to modify or terminate any FUEL it Course or FUEL it services and/or product offerings at any time without notice to You. You may terminate a FUEL it Course License at any time by notifying FUEL it in writing. Upon receipt of notice of termination, the FUEL it Course License will terminate, and You will no longer be able to use or access such FUEL it Course. Further, in the event of a termination or expiration of any agreement between FUEL it and a third party supplier of a FUEL it Course, Your right to access and use such FUEL it Course will also terminate.

 

6. THIRD-PARTY SOURCES. You acknowledge that the FUEL it Courses may incorporate information that is proprietary to one or more third party(ies). Such third party(ies) and FUEL it suppliers are third party beneficiaries of this Agreement with the authority to enforce those portions of this Agreement that are relevant to the agreements they have with FUEL it directly against You.

 

7. CONTENT MAINTAINED BY FUEL it. You acknowledge and agree that: (i) FUEL it may, from time to time, elect to update the FUEL it Courses, but FUEL it does not warrant or guarantee that any FUEL it Courses will be updated, or that any updates will be made available to You, at any time during the term of this Agreement; (ii) FUEL it does not assume, and expressly disclaims, any obligation to update and include any information in the FUEL it Courses; (iii) FUEL it is not advocating the use of any product described in the FUEL it Courses (or elsewhere), nor is FUEL it responsible for misuse of a product due to typographical or other errors in the FUEL it Courses, Your negligence or otherwise; (iv) You agree to seek additional information on any product from the manufacturer; and (v) You will use the content included in the FUEL it Courses only as a reference aid, and that such content is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in technology, You should confirm the content in the FUEL it Courses through independent sources. 

 

8. WARRANTY DISCLAIMER.

 

     8.1 THE FUEL IT COURSES ARE PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS." FUEL IT AND ITS AFFILIATES, AGENTS, DISTRIBUTORS, SUPPLIERS AND LICENSORS: (i) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE FUEL it COURSES PROVIDED HEREUNDER OR THAT YOUR USE OF THE FUEL it COURSES WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS OR FUNCTION IN ACCORDANCE WITH RELATED DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND PRODUCT CONFIGURATION; AND (ii) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE FUEL it COURSES IS ENTIRELY AT YOUR OWN RISK, INCLUDING THE RISK FOR SELECTING THE FUEL it COURSES TO ACHIEVE YOUR INTENDED RESULTS AND PERFORMANCE, AND FOR USE OF THE FUEL it COURSES. To the extent warranties cannot be disclaimed or excluded, they are limited to the duration of the minimum warranty period required by law. 

 

     8.2 JOB PLACEMENT DISCLAIMER. FUEL it does not guarantee job placement upon enrollment, use, or completion of any FUEL it Course.  

 

9. LIMITATION OF LIABILITY.

 

     9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FUEL IT NOR ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS WILL BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE FUEL it COURSES, OR FUEL IT'S PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, DAMAGES FROM LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES CAUSED BY THE INABILITY TO USE THE FUEL it COURSES, EVEN IF FUEL it, ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE.  

 

     9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUEL IT’S AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE FUEL it COURSES AND THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE FUEL it COURSE FROM WHICH SUCH LIABILITY AROSE. THE FOREGOING APPLIES NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.  

 

     9.3 THIS LIMITATION OF DAMAGES SET FORTH HEREIN CONSTITUTES A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FUEL it AND YOU. 

 

     9.4 THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED. SOME COUNTRIES, STATES, JURISDICTIONS AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES, REPRESENTATIONS OR CONDITIONS.  ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS TITLED “WARRANTY DISCLAIMER” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE LIMITATIONS AND EXCLUSIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

 

10. U. S. GOVERNMENT END USERS. If You are using or accessing the FUEL it Courses and You are a government employee, then note that the FUEL it Courses are a "commercial item" as that term is defined at FAR 2.101 (Oct 1995), consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with FAR. 12.212 and DFARS 227.7202 (Jun 1995), all U.S. Government end users acquire the FUEL it Courses with only those rights set forth herein. Any use, modification, reproduction, release, performance, display, disclosure or transfer of the FUEL it Courses by the U.S. government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 

 

11. EXPORT LAW. The FUEL it Courses and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Unless specifically authorized in writing by FUEL it prior to any access, You agree not to export the FUEL it Courses including but not limited to re-exporting the FUEL it Courses, or any part thereof, or any process that is the direct product of the FUEL it Courses, to any country, person, or entity in violation of U.S. export restrictions. In any case, You will indemnify and hold FUEL it harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees) arising from or relating to any breach by You of Your obligations under this Section 11. Your obligations under this Section 11 will survive the expiration or termination of this Agreement.

 

12. GENERAL

 

     12.1 GOVERNING LAW AND VENUE. This Agreement will be governed and interpreted in accordance with the laws of the state of Tennessee, exclusive of its choice of law rules, and where applicable, the laws of the United States of America.  You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, the jurisdiction and venue of the federal and state courts located in Shelby County, Tennessee (USA). The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded. Notwithstanding the foregoing, You or FUEL it may seek injunctive or other equitable relief to protect Your or FUEL it’s intellectual property (like copyrights and trademarks) in any court with competent jurisdiction.  

 

     12.2 PRIVACY. FUEL IT’s current privacy policy is available here, and is hereby incorporated into this Agreement.

 

     12.3 WAIVER. The failure of either party to require strict performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any waiver of any right or provision herein will not be effective unless in writing and signed by authorized representatives of both parties. 

 

     12.4 ASSIGNMENT.  You may not assign Your rights or obligations under this Agreement without the prior written consent of FUEL it, which FUEL it may refuse in its sole discretion. Any attempted assignment without prior written consent from FUEL it will be deemed null and void. FUEL it may assign its rights and/or obligations under this Agreement at any time. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

 

     12.5 SEVERABILITY. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party's rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.

 

​​​​​​​     12.6 COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between FUEL it and You, which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. Except as otherwise provided in this Agreement, any modifications must be in a writing signed by both parties by their duly authorized representatives. Section headings are used for convenience only and will in no way affect the construction or interpretation of this Agreement. This Agreement will be interpreted without application of any strict construction in favor of or against You or FUEL it.

 

​​​​​​​     12.7 REFUND POLICY. The FUEL it refund policy is located here, and is hereby incorporated into this Agreement.    

 

​​​​​​​     12.8 NOTICES. You consent to receive electronically any communications from FUEL it. We may communicate with You through the email address specified in Your account or by posting notices on the FUEL it website. You agree that all agreements, notices, disclosures and other communications that are provided to You electronically satisfy any requirement that such communications be in writing. All notices from FUEL it intended for receipt by You will be deemed delivered and effective when sent to the email address You provide to FUEL it.

Notices to FUEL it must be sent to: FUEL it info@fuelit.us, Attn: Chief Legal Officer, 3760 Rosedale Drive, Memphis, TN 38111.

 

​​​​​​​     12.9 FORCE MAJEURE. Except with respect to any payment to be made to FUEL it hereunder, neither party will be liable for any failure, deficiency or delay in the performance of its obligations under this Agreement due to any force majeure, which will include but not be limited to any storm, flood, fire, aircraft damage, explosion, electrical or communication line failure, disturbance, war or military action, acts of terrorism, Government act or administrative delay, equipment failure or non-delivery, inability to obtain materials or any cause or matter whatsoever not within the reasonable control of such party.  In the event of such a force majeure, the affected party will be entitled to a reasonable extension of time for the performance of its obligations under this Agreement.

 

​​​​​​​     12.10 RELATIONSHIP.  No agency, partnership, joint venture or employment relationship is created by this Agreement or Your use of the FUEL it Courses, and You do not have any authority of any kind to bind FUEL it in any respect whatsoever.

 

     12.11 ENGLISH LANGUAGE. This Agreement is in the English language only, which language will be controlling in all respects. No translation, if any, of this Agreement into any other language for convenience or to meet local requirements will be of any force or effect in the interpretation of this Agreement or in determination of the interests of either party hereto. Furthermore, all correspondence, notices, claims, suits and other communication between the parties hereto will be written or conducted in English. 

 

13. GRIEVANCE PROCEDURE.  If You are dissatisfied with the services that FUEL it has provided for You, You may direct Your written complaint, grievance, or dispute as follows:

  • (a) First Level of Contact: Customer Service Department

  • (b) Second Level of Contact: Manager, Customer Service Department

  • (c) Top Level of Contact: Director, Sales and Customer Service Division

  • (d) Address:
    FUEL it - info@fuelit.us
    3760 Rosedale Drive
    Memphis, TN 38111
    Customer Service # 1-888-353-5488

  • (e) Please provide a detailed explanation of Your issues including contact information where You can be reached. You will be contacted to discuss an agreeable resolution.

  • (f) A different grievance procedure may apply to You if You are using the FUEL it Courses subject to a contract between Your organization and FUEL it or a FUEL it distributor. In that case You should contact the appropriate person within Your organization to inquire about the grievance procedure that applies to You.

 

14. MODIFICATIONS. FUEL it reserves the right, in its discretion, to change, modify, add to, or remove portions of the terms of this Agreement (collectively, “Changes”), at any time. FUEL it will notify You of Changes by sending an email to the address identified in Your account or by posting a revised version of the Agreement incorporating the Changes to FUEL it’s website. Your continued use of or access to FUEL it Courses following notice of the Changes or posting of the Agreement incorporating the Changes on the FUEL it website will mean that You accept and agree to the Changes. Such Changes will apply prospectively beginning on the date the Changes are posted to the FUEL it website. 

 

THE FUEL it COURSES ARE PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

 

FUEL it, 2022. All Rights Reserved. FUEL it is a trademark used under license in the United States and other countries.