Welcome to the DK FUEL, INC. (“DK Fuel”) recurring subscription text program (“Service”), owned and operated by DK FUEL, INC. (“DK Fuel”) (“Company”). This Terms of Service Agreement (“TOS” or “Agreement”) applies to a person that subscribes to and receives any part of the Service (“Recipient,” “you,” or “your”).
The Company reserves the right to change this Agreement without advance notice to you.
Eligibility and Limitations on Use Recipients must be at least 18 years of age and must present verification of age upon request. As a Recipient, you also represent that you are the subscriber or authorized user of the mobile phone number that you provided to Company to subscribe to the Service, and that you are authorized to approve any related charges for messaging and data applied by your mobile carrier.
Program Description The Service is a recurring subscription text message program that includes messages about deals, offers, giveaways, events and more sent via an automatic telephone dialing system, also called an automated dialer. By entering in and submitting your mobile number into a form hosted by the Company or texting the designated keyword or code to 48785 from your mobile device, you provide your express prior written consent to receive marketing and advertising text messages generated by an automated dialer from the Company to your mobile number. You also understand, acknowledge and agree that your consent to receive text messages is not required to make a purchase of any goods or services.
Message frequency varies. Message and data rates may apply. Company nor its vendors, service providers or licensors are liable for delayed or undelivered messages, or guarantee the timeless, accuracy, completeness, or receipt of text messages transmitted via the Service. Text messages are transmitted by telecommunications service providers over whom the Company and its vendors, service providers, and licensors have no control.
Support Issues, Canceling or Unsubscribing Recipients further understand that you have a right to cancel your prescription to this Service – to “opt-out” – at any time To opt out, send a text message with the word “STOP”, “END”, “QUIT”, “CANCEL” or “UNSUBSCRIBE” to 48785 from your mobile phone and we will unsubscribe you from the Service. You may receive one text message confirming your request to opt-out. You will not receive any advertising or marketing text messages until you re-register via a website associated with the Company or via your mobile phone by texting in a designated keyword to 48785. Alternatively, you can send an email to firstname.lastname@example.org with your mobile phone number as the subject line.
For help or other support issues, you can also text “HELP” to 48785, send an email to email@example.com.
Termination or Suspension of Service
Company reserves the right, in its sole discretion, to suspend or terminate the Service or mobile texting at any time, in whole or part, for any reason, with or without notice to you.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND COMPANY AND ITS VENDORS, SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER. COMPANY AND ITS VENDORS, SERVICE PROVIDERS, AND LICENSORSSPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS VENDORS, SERVICE PROVIDERS, AND LICENSORS MAKE NO WARRANTY OF ANY KIND THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET RECIPIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE SPECIFICATIONS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY AND ANY OF ITS AFFILIATES, OFFICERS, SHAREHOLDERS, AGENTS,REPRESENTATIVES, EMPLOYEES, CONTRACTORS, CONSULTANTS, VENDORS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS, AND THE SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “COMPANY- RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR YOUR RELATIONSHIP WITH COMPANY, REGARDLESS OF THE TYPE OR BASIS OF THE CLAIM. IN NO EVENT WILL COMPANY-RELATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,INCLUDING ATTORNEY’S FEES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. Carriers are not liable for delayed or undelivered messages.
Jurisdiction and Venue
The Service and Company’s relationship with you are governed by the laws of the State of Texas, without regard to its conflicts of law principles and venue for any suit or dispute regarding the Service shall be brought in the State and Federal courts in the Northern District of Texas and Dallas County.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, the remaining portions shall remain in full force and effect.