Terms & Conditions
Tankfarm is the country’s leading online propane marketplace helping consumers and businesses negotiate superior rates and terms for their propane purchases.
RELEASE
I hereby release, waive, discharge, absolve, agree to hold harmless and covenant not to sue Tankfarm LLC d/b/a Tankfarm (Company), and/or any of its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury and/or death, which I, my heirs, executors, administrators and assigns, had, now have or hereafter may have, by reason of any matter connected in any way with my access of this Website and/or the services I receive in connection with my access of this Website, including, but not limited to, any action, claim or suit for personal injury or loss or damage to property.
TERMS OF USE
Welcome to www.tankfarm.io (the “Website”) and the Tankfarm mobile app (the “App”). When used in these Terms, “Tankfarm,” “Website”, “we,” “us,” or “our” refers to the Tankfarm entity. By visiting and/or accessing this Website, you agree to abide by these terms of use (the “Terms of Use”). If you do not agree with these Terms of Use, you are not authorized by Tankfarm LLC d/b/a Tankfarm (“we”, “us”, “our”) to access and/or use any portion of the Website. These Terms of Use shall remain in full force and effect while you use or access the Website and/or any of our services. We may, in our sole discretion, modify or revise these Terms of Use and although we may attempt to notify you when material changes are made to these Terms of Use, it is your responsibility to periodically review the most up-to-date version located at www.tankfarm.io/terms
The Content (defined below in Paragraph 3) that we make available to you is to assist you in obtaining better rates on your home heating services, but nothing contained herein should be deemed to be a guarantee by us of any deal, discount or other price arrangement.
1. AUTHORIZED AND UNAUTHORIZED USE OF THE WEBSITE
This Website is not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 18.
If you are 18 years old or younger, you are not authorized to submit any information to us without the explicit consent of your parent or legal guardian. By accessing and using the Website, you represent and warrant that you are 18 years of age or older; and your use of the Website does not violate any applicable law or regulation. The Website and all Content contained herein are provided for your personal, non-commercial use.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute any content made available on the Website. You may not take any action to interfere with the regular functioning of the Website or any other users’ use of the Website. Except as otherwise permitted herein, you may not download, use, copy, license, or otherwise exploit any content in any manner or for any purpose without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Website and may subject you to legal liability. You agree not to use the Website for illegal purposes and you agree that you will comply with all laws, rules and regulations related to your use of the Website, including, without limitation, any applicable copyright laws or regulations. Some examples of unauthorized or illegal use of this Website include, but are not limited to:
collecting usernames and/or email addresses of other users for the purpose of sending unsolicited email;
interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
using the Website in a manner inconsistent with any and all applicable laws and regulations;
and using any of our trademarks, names, logos or other intellectual property properties without advance written authorization from us
2. OWNERSHIP OF INTELLECTUAL PROPERTY
All content, including without limitation, software, text, images, photographs, rate information, price quotes, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (collectively, the “Content”) made available to you by the Website are the property of Tankfarm LLC and/or our subsidiaries, affiliates, assigns, partners, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. We hereby grant you a limited personal, non-exclusive, non-assignable and non- transferable license to use and display, for noncommercial and personal use only, one copy of any Content that you may download from this Website, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Content. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via a third party website) without our express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable federal and state laws.
3. THIRD PARTIES
The appearance on the Website of external hyperlinks to third party sites or other references to third parties, in any form, do not constitute endorsement by us or any of our subsidiaries and affiliates of such third parties, including but not limited to, the opinions or views expressed by any such third party websites. Although we take seriously our responsibility to research the quality and background of such third parties, we do not take responsibility for their business practices and/or the accuracy, currency, completeness or quality of the content contained at any such third party websites. Furthermore, we are not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party. As such, neither we nor our subsidiaries and affiliates will be responsible or liable to you in any way for any services, content, errors or omissions, or for the results obtained from the use of any third party service and/or information contained in those third party sites.
4. DISCLAIMER AND LIMITATION OF LIABILITY/INDEMNITY:
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Website or with respect to the Content contained on this Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Content rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THIS WEBSITE, WHETHER PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall our liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Website and/or any of our services.
You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys™ fees and costs, arising from, or related to, (i) any breach by you of these Terms of Use, (ii) the content of any information submitted by you (iii) your use of Content or features available on the Website in an unauthorized manner, and/or (iv) a violation by you of any and all applicable laws, rules, or regulations.
5. GOVERNING LAW
The laws of the State of New York (without regard to its conflicts of law rules) shall govern these Terms of Use. You hereby expressly consent to exclusive jurisdiction and venue in the state and federal courts located in New York, New York, for all matters arising in connection with these terms of use and/or your access or use of the Website.
6. WAIVER; REMEDIES
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
7. MISCELLANEOUS
These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Paragraph 8. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
8. CONTACT US
Please contact us at support@tankfarm.io or at (855) 976-4141 with any questions regarding these Terms of Use.
9. NOTICE
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.
TANKFARM LOGISTICS, INC. (COMPANY) TERMS AND CONDITIONS FOR PROPANE-RELATED SERVICES AND EQUIPMENT
1. ACCEPTANCE OF THESE TERMS AND CONDITIONS.
By accepting or requesting propane delivery or propane-related services from Company or by entering into an agreement with Company (an “Agreement”) which incorporates these Terms and Conditions, you agree to these revised Terms and Conditions in their entirety. Your Agreement, if applicable, and these revised Terms and Conditions are collectively referred to herein as the “Terms and Conditions.” Unless your propane supply agreement with Company does not permit modification, this shall serve as a notice of termination of your previous agreement and an offer to do business under these Terms and Conditions. If you find these Terms and Conditions unacceptable, you may reject this offer by terminating your service. These Terms and Conditions incorporate our Privacy Policy, which can be found at www.tankfarm.io/privacy
THESE TERMS AND CONDITIONS REQUIRE THAT DISPUTES BE RESOLVED INDIVIDUALLY IN BINDING ARBITRATION OR SMALL CLAIMS COURT. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT. YOU MAY REJECT THE ARBITRATION PROVISION BY SENDING WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AS DESCRIBED IN SECTION 17.
2. TERM.
Your term is the period of time for which you have agreed to maintain service with us. Your term will be month-to-month unless either you or Company provides the other with prior notice of termination. Your notice of non-renewal or termination can be provided to Company in any of the following ways: (1) by U.S. mail, postage prepaid, to Company at Box 23528, Nashville, TN 37202, Attn: Customer Service; (2) by telephone at (855) 976-4141; or (3) by email at support@tankfarm.io
3. SAFETY INFORMATION.
Safety information has been or will be supplied in your Welcome Packet. If you would like an additional copy, please contact us toll-free at (855) 976-4141 and we will mail or e-mail it to you. We recommend you regularly visit https://www.tankfarm.io/propane-safety to view those and other important safety warnings. You are responsible for providing all occupants of your home with the safety information provided by Company and for ensuring all occupants are familiar with the odor of propane. If you smell propane or experience any adverse propane conditions or safety-related matters, you should immediately evacuate the premises and dial 9-1-1. You should also contact (855) 976-4141. We recommend purchasing an LP gas detector and a Carbon Monoxide detector.
4. LEASED EQUIPMENT.
A. General Provisions. Company may lease and provide to you a propane storage tank or cylinder, first stage or twin-stage regulator(s), and related equipment, and/or, if applicable in Company’s sole discretion, Company may lease and provide to you a tank monitor or propane meter (collectively, “Leased Equipment”). In its sole discretion, Company may exchange the Leased Equipment for other equipment more compatible with Customer’s actual use. Unless you and Company otherwise agree in writing, Leased Equipment does not include any equipment downstream of any Company-owned regulator or meter, including piping, equipment, and/or appliances. Unless otherwise agreed to in a writing signed by Company, Leased Equipment will at all times remain the property of Company and will not become a fixture or a part of your real property and title to Leased Equipment shall not pass to Customer, any subsequent purchaser of the property, or any other third party (including creditors). You agree to promptly surrender to Company all Leased Equipment upon termination of service and agree to take all necessary steps to assist Company with the retrieval of any Leased Equipment.
B. Safety. In the interest of safety, you will not allow anyone to make any adjustments, connections, or disconnections to the Leased Equipment or provide service to, move, remove, or pump-out the Leased Equipment without our written permission. You are required to inspect the Leased Equipment regularly, for instance to look for overgrown bushes near your tank, fallen tree branches, or any other issue. You must notify Company immediately if you suspect that Leased Equipment is damaged, malfunctions, or if you experience any problems. Customer agrees that only Company and its authorized representatives shall deliver propane to the Leased Equipment. Only propane sold by Company will be used with the Leased Equipment. YOU AGREE THAT IF YOU DO NOT STRICTLY FOLLOW THESE REQUIREMENTS, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY OCCUR IN CONNECTION WITH THE PROPANE OR LEASED EQUIPMENT, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH OR PROPERTY DAMAGE.
C. Propane Meters. If you have a Company propane meter installed in connection with any Leased Equipment, you will be billed for your monthly propane usage. Company reserves the right to bill you based on an estimated usage amount, and then later take an actual reading, after which: (i) you will receive a credit to the extent that your estimated billed usage amount exceeds the actual usage amount or (ii) you will be charged an additional amount to the extent that the actual amount of propane used exceeds the estimated amount.
D. Tank Monitor. If you have a Company tank monitor installed in connection with the Leased Equipment or Customer-Owned Equipment, as defined in Section 5(E), we collect your tank telemetry, which includes, but is not limited to, your location information (GPS location of tank monitor) and your tank’s propane levels. The tank monitor will at all times remain the property of Company or its service providers and will not become a fixture or a part of your real property. Company reserves the right to bill you based on an estimated usage amount, and then later take an actual reading, after which: (i) you will receive a credit to the extent that your estimated billed usage amount exceeds the actual usage amount or (ii) you will be charged an additional amount to the extent that the actual amount of propane used exceeds the estimated amount.
5. PROPANE SERVICE, MAINTENANCE, AND DELIVERY.
A. General Conditions. Company may choose not to deliver propane or perform services if, in its sole discretion, it believes that doing so will pose an unnecessary risk of injury or harm to you, Company’s employees or authorized representatives, your property, or the public. You agree that Company may lock off Customer-Owned Equipment, the Leased Equipment, and/or suspend service if Company believes an unsafe condition exists.
B. Access to Equipment for Delivery and Service. Company and its authorized representatives will have an irrevocable right to enter your property without prior notice for deliveries of propane, meter reading, equipment installation, inspections, and servicing or removal of Leased Equipment. You agree to provide Company and its authorized representatives with safe and unimpeded access to your property, including but not limited to, access free of ice, snow, water, pets, and other hazards, and you will ensure that entry gates are unlocked prior to delivery. You agree not to erect structures, fences, or other improvements and not to plant or grow trees or shrubs that restrict access to the Leased Equipment and any Customer-Owned Equipment. If access across a customer-owned bridge or driveway is required, you are required to ensure that the bridge or driveway will safely accommodate the weight of the delivery vehicle and to ensure that the bridge is accessible for safe crossing by the delivery vehicle prior to delivery. We will not complete your delivery if Company does not have safe and unimpeded access to your property and the propane system. You will mark and identify the location of septic systems, leach pits, underground ponds, and similar underground features.
C. Adverse Weather or Remote Areas. You are required to remove all snow from Leased Equipment or Customer-Owned Equipment in areas that experience snowfall so that we may access the Leased Equipment or Customer-Owned Equipment to make a delivery. You are required to keep Leased Equipment or Customer-Owned Equipment free from snow and ice or other hazards. Your delivery may be significantly delayed if there are adverse weather conditions, such as floods, heavy snowfall, or hurricanes, or if the delivery address is in a remote area.
D. Delivery Options. All Tankfarm customers must be on Automatic Delivery as defined below:
Automatic Delivery - Company will make deliveries to you on either a fixed-cycle basis or when we estimate you will need propane. Our estimate is based upon a number of forecasting factors, including temperatures and usage patterns.
E. Customer-Owned Equipment. You are responsible for the maintenance and repair of all equipment that you own (“Customer-Owned Equipment”), including compliance with any and all applicable laws and regulations and manufacturer-recommended maintenance. If you have Leased Equipment, Customer-Owned Equipment includes all equipment downstream of any Company-owned regulator, including all piping, equipment, and/or appliances. You are required to notify us of any work on any part of your propane system or related appliances, including but not limited to repair, removal, installation, adjustment, modification, maintenance, and/or service of any part of the propane system and/or related appliances. It is your obligation to follow all applicable safety practices and to visually inspect your propane system and equipment regularly, and to notify us if you detect any problems. Company has no responsibility for the continuing inspection and maintenance of your propane system.
6. SERVICE, INSTALLATION AND REPAIR.
A. Installation and Starting Service. For both Leased Equipment and Customer-Owned Equipment, we may install the equipment, upon our mutual agreement, and the cost of any required repairs to bring your propane system up to code will generally be charged to you at our then-current rates. We may perform a Site Survey prior to installation. We will perform a Safety Assurance Check in accordance with our policies prior to starting the delivery of propane to any new customer and at such other times as we determine is necessary, in our discretion.
B. Maintenance and Repair. (a) Leased Equipment. We will maintain and repair ordinary wear and tear of Leased Equipment at our cost, but you are responsible for any damage to the Leased Equipment while it is on your property that is beyond ordinary wear and tear. If Company is required to fix damage to Leased Equipment beyond ordinary wear and tear, you will be billed for the work in accordance with Company’s then-current labor rates and parts charges and other fees and charges. (b) Customer-Owned Equipment. Company may perform maintenance, repair, testing, diagnostic, or inspection services on Customer-Owned Equipment, at your request and upon our mutual agreement, from time to time. You agree to pay for any maintenance, repair, testing, diagnostic, or service work, or parts provided by Company in accordance with Company’s then-current labor rates and parts charges and other fees and charges.
7. PRICING, FEES, AND CHARGES.
A. Price. Unless you enter into a pricing agreement with us, you agree to pay Company’s price per gallon of propane in effect for you on the date of delivery. For customers with a meter, the price for your prior month’s usage is Company’s price per gallon in effect for you on the date your meter is read. Your price is set by Company in our discretion, and includes, among other things, our taxes, our costs to procure the propane, freight, and transportation. Your price per gallon is specific to you and may vary depending on a number of factors which will vary over time, including but not limited to, the volume of propane you purchase, customer classification, delivery type, location, propane tank ownership, and competitive conditions. Company reserves the right to set its price per gallon and to vary that pricing among its customers at its sole discretion. We encourage you to review information on our website or our customer portal to receive current pricing information, as prices change frequently and without prior notice. You understand and agree that, unless otherwise stated by Company in writing, any price quoted by Company on or prior to the Agreement date applies only to Customer's first delivery of propane and that your price for subsequent deliveries could vary with each such delivery.
B. Current Fees and Charges. Company may apply other fees and charges depending on the services requested and/or required.
C. License, Permit and Taxes. You shall pay for all taxes, licenses, or permits required or imposed by governmental entities in connection with the sale, installation, storage, or use of propane sold or equipment leased hereunder.
8. PAYMENT TERMS, LATE FEES, AND CREDIT CARD SURCHARGE.
If you have received credit terms from Company, you will be billed after propane is delivered or services are rendered, unless you have enrolled in a budget payment program. You agree to pay the invoiced amount on or before the due date indicated on the invoice. If you dispute an invoice, you must notify us at (855) 976-4141 within thirty (30) days of receipt. If you fail to timely pay all amounts owed to Company, Company may, unless prohibited by law, add a monthly late charge of 1.5% of the average daily balance until paid or a late charge of $36.00, whichever is greater. If you fail to make a payment on your outstanding amount owed, Company may, after providing written notice to you, suspend service and/or place a lock on Leased Equipment and/or disconnect your meter. If Company places a lock on Leased Equipment, all amounts outstanding (including the applicable Reconnect Charge) must be paid in full before service will be restored. Company may at any time require you to pay for propane deliveries or services in advance, to post a cash deposit, or to provide other forms of credit enhancement. Company may apply any amounts it holds from you, whether a security deposit or otherwise, at any time in whole or in part against the outstanding balance. Maryland Customers: If all of the outstanding amount owed is not received within 15 days after it is due, you will pay a late charge of the greater of $5.00 per month or 10% per month for the part of the outstanding amount that is late for no more than three months, or you will pay up to 1.5% per month of the payment amount that is past due.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, TORT, OR OTHERWISE. COMPANY IS NOT LIABLE FOR ANY DIRECT OR INDIRECT LOSS SUSTAINED BY YOU, OR ANYONE TO WHOM YOU ASSIGN YOUR RIGHTS, AS A RESULT OF DAMAGE TO YOUR DRIVEWAY OR THE EXHAUSTION OF YOUR PROPANE SUPPLY, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR HOME, REAL PROPERTY, OR PERSONAL PROPERTY RESULTING FROM WATER DAMAGE CAUSED BY FROZEN PIPES.
10. DISCLAIMER OF WARRANTIES.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROPANE, TANK, CYLINDER, AND/ OR RELATED EQUIPMENT, INCLUDING LEASED EQUIPMENT, OR SERVICE PERFORMED UNDER THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACCEPT ALL PRODUCTS AND GOODS DELIVERED AS IS. SOME STATES (SUCH AS CT, KS, ME, MS, NH, WA, MA, AND WV) MAY NOT ALLOW THESE EXCLUSIONS OF IMPLIED WARRANTIES, AND, IF SO, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. INDEMNIFICATION.
Customer agrees to indemnify, defend, and hold Company harmless from and against any and all claims, liens, demands, suits, damages, and liabilities for personal injuries and/or property damage arising out of or caused by any negligent act or omission on the part of Customer or its agents or employees, or breach of the Terms and Conditions by Customer or its agents or employees.
12. TERMINATION OF PROPANE SERVICE.
Unless otherwise specified, and subject to any volume commitment agreement, YOU MAY TERMINATE YOUR PROPANE SERVICE UPON THE PROVISION OF THIRTY (30) DAYS’ PRIOR NOTICE TO COMPANY. If you are leasing equipment, you agree that if you sell your residence, you will notify Company at least thirty (30) days in advance of closing and will inform the buyer that the Leased Equipment is owned by Company. Company may terminate your service immediately and without prior notice if you fail to satisfy any material provision contained in these Terms and Conditions, including but not limited to making payment. Company reserves the right to terminate service or suspend deliveries if Company determines, in its sole discretion, that a condition exists that poses a health or safety threat to its employees, authorized representatives, you, or the public. You are responsible for paying all amounts owed to Company, even after termination of service.
13. EXCUSED PERFORMANCE.
Company will not be responsible for any delay or damages caused by events or circumstances beyond its reasonable control, including without limitation, acts of God, fire, storms, floods, or other adverse weather or environmental condition, epidemics, pandemics, or other health crises, explosion, power blackout, equipment failure, labor disputes, wars, hostilities, terrorism, changes in laws or regulations, Company’s inability to obtain propane or equipment from its suppliers, as well as terminal, refinery, pipeline, or transportation disruptions. Under any of these or similar circumstances, Company shall not be deemed to be in breach of these Terms and Conditions and Company may allocate propane and equipment among its Customers in any manner that Company deems reasonable.
14. CHANGES TO THE TERMS AND CONDITIONS.
Company reserves the right to amend, modify, or add to these Terms and Conditions (other than price per gallon, fees, and charges, which may be changed without prior notice) at any time by giving you prior written notice of the change(s). The notice may be in the form of a bill insert, email, stand-alone mailing, online account notification, or other written notification. You agree that the amendment or modification will become effective thirty (30) days after you receive the notice unless you contact Company in writing prior to its effective date and terminate service. These Terms and Conditions may not be modified orally and describe the entire agreement between Company and you with respect to its subject matter. Any prior arrangements, agreements, contracts, representations, warranties, purchase orders, bids, proposals, offers, or other communications, written or oral, that are inconsistent with these Terms and Conditions, are superseded and are of no force or effect. For the avoidance of doubt, these Terms and Conditions do not replace, amend, or eliminate your prior fixed propane pricing, exclusivity, or volume contract commitment(s).
15. CLAIMS AND ARBITRATION. PLEASE READ THIS SECTION CAREFULLY.
A. Arbitration Agreement. Upon the election of either party (or any other entity or individual with the right to invoke arbitration under this provision, including without limitation those entities or individuals named in Section 17(A)(2)), a Dispute shall be resolved by binding arbitration. “Dispute” means any claim or controversy arising from or relating to these Terms and Conditions, your agreement with Company, or the relationship between you and Company, including without limitation any and all: (1) claims for relief or theories of liability, whether based in contract, tort, statute, or otherwise; (2) claims against Company or its parents, subsidiaries, affiliates, predecessors, successors, or assigns and any of their directors, officers, employees, and agents (any of whom may elect arbitration of claims to which they are a party pursuant to these Terms and Conditions); (3) claims that arose before this Arbitration Agreement; (4) claims that arise after the expiration or termination of this Arbitration Agreement; and (5) claims that are the subject of a purported class action or other representative or collective action. “Dispute” shall not, however, include claims filed by you or Company on an individual basis in small claims court if the amount claimed is within the jurisdiction of that court. However, Company will not demand arbitration pursuant to this Arbitration Agreement in connection with any individual claim that you properly file in a small claims court of your state or municipality, so long as the claim is pending only in that court. IN THE EVENT THAT THE PARTIES HAVE ANY DISAGREEMENT ABOUT ARBITRABILITY OR THE VALIDITY, SCOPE, OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, A DULY APPOINTED ARBITRATOR WILL DECIDE SUCH DISAGREEMENT.
B. Right to Reject this Arbitration Agreement. Notwithstanding anything in this Arbitration Agreement to the contrary, you may reject this Arbitration Agreement. To do so, you must send Company written notice by mail postmarked no later than thirty (30) days after your acceptance of these Terms and Conditions to Box 23528, Nashville, TN 37202, Attn: Customer Service. Your rejection notice must be signed, must state that you reject this Arbitration Agreement, and must include your name, address, and Company account number. Your decision to reject this Arbitration Agreement or seek remedies in small claims court will not adversely affect your relationship with or receipt of goods or services from Company.
C. Procedures for Arbitration. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”). Arbitrations shall be conducted by a single arbitrator and administered by JAMS (“JAMS”) pursuant to the code of procedures in effect at the time the arbitration is initiated (the “JAMS Rules”). A current copy of the JAMS Rules may be found at https://www.jamsadr.com/. At your election, arbitration hearings will take place in your hometown area. During the arbitration, the parties will be allowed to engage in discovery or exchange of non-privileged information relevant to the dispute. The arbitrator’s decision will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.
D. Right to Attorneys’ Fees and Costs. You may hire an attorney to represent you. You are responsible for your attorneys’ fees and costs. You may recover them from Company in arbitration to the same extent as in court, or as permitted under JAMS Rules. When you initiate arbitration proceedings, you will be responsible for paying your share of the arbitration fees as set forth in JAMS’ Arbitration Schedule of Fees and Costs in effect at the time the arbitration is initiated. The Company will be responsible for any additional arbitration fees and costs.
E. Waiver of Jury Trials and Class Actions. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR RATHER THAN A JUDGE OR JURY. BY THIS ARBITRATION AGREEMENT, YOU AND COMPANY WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. UNLESS YOU AND COMPANY AGREE OTHERWISE IN WRITING, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION, MASS ACTION, OR COLLECTIVE BASIS, AND REGARDLESS OF ANY INCONSISTENT PROVISIONS IN THE JAMS RULES, NEITHER THE ARBITRATOR NOR THE JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO THAT INDIVIDUAL PARTY. THIS CLASS, MASS, REPRESENTATIVE, AND COLLECTIVE ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION AGREEMENT.
16. SEVERABILITY.
If any provisions of these Terms and Conditions are determined to be invalid under applicable law or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect, as nearly as possible, the original intention of these Terms and Conditions in accordance with applicable law. The remaining terms will remain unaffected by the invalid or unenforceable term, and each term will continue to be valid and enforceable to the fullest extent of the law.
17. NOTICE.
Any notice by you shall be sent by U.S. mail, postage prepaid, to Company at Box 23528, Nashville, TN 37202, Attn: Customer Service. Notice to you may be in the form of a bill insert, stand-alone mailing, email, online account notification, or other written notification.
18. WAIVER.
If we delay in exercising any of our rights, Company will not be prevented from exercising our rights at a later date. Company’s waiver of any breach of these Terms and Conditions at any time shall not excuse future breaches by Customer.
19. YOUR CONTACT AND PAYMENT INFORMATION.
You represent and warrant that the name, address, telephone number(s), and other contact and payment information you provide to Company is accurate, complete, and current. You agree to notify Company immediately if there is any change to any of that information.
20. YOUR CONSENT TO BEING CONTACTED.
By providing a telephone number now or in the future, you agree that Company (and others on its behalf) may contact you via automated means, including SMS text messaging, or with an automatic telephone dialing system or prerecorded or artificial voice. Such calls or text messages may include, without limitation, delivery reminders, delivery confirmations, past-due account notices, account notifications, and attempts to collect any debts from you. Your consent is not a condition of receiving any goods or services. Message and data rates may apply. To opt-out of receiving automated messages and calls, please reply STOP to the text message, call Company at (855) 976-4141, or update your contact preferences in your Tankfarm customer portal.
21. GOVERNING LAW.
All matters arising out of or relating to these Terms and Conditions shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.
22. SURVIVAL.
Sections 1, 4, 5, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, and 22 shall survive termination of your relationship with Company, which includes your permission for Company to contact you to collect any debts owed or arrange your return of Leased Equipment.
These Terms and Conditions shall apply to residential customers in all states except where specifically prohibited by law. THESE TERMS AND CONDITIONS DO NOT APPLY TO CUSTOMERS IN CONNECTICUT, DELAWARE, AND NEW JERSEY, OR CUSTOMERS IN VERMONT USING PROPANE THROUGH A METER OR HAVING PROPANE DELIVERED TO ONE OR MORE STORAGE TANKS WITH AN AGGREGATED TOTAL CAPACITY OF 2,000 GALLONS OR LESS. TERMINATION FEES AND TANK PICKUP FEES ARE NOT APPLICABLE TO NEVADA RESIDENTS. PAPER INVOICE FEES ARE NOT APPLICABLE TO MAINE OR NEW YORK RESIDENTS.
Effective June 1, 2024
