Terms of Use

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and GetE85 ("we," "us," or "our"), concerning your access to and use of the GetE85 website and the GetE85 mobile apps for iOS and Android (collectively, the "Service"). You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Changes to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates.

User Representations

By using the Service, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information
• You have the legal capacity to comply with these Terms of Use
• You are not under the age of 16
• You will not use the Service for any illegal or unauthorized purpose
• Your use of the Service will not violate any applicable law or regulation

User Registration

You may need to register with the Service to access certain features. You may register with an email address and password, or by signing in with Google or with Apple. You agree to keep your credentials confidential and will be responsible for all use of your account. If the email address a sign-in provider gives us has been verified by that provider and already belongs to a GetE85 account, we will add that sign-in method to the existing account rather than create a second one. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

User Contributions

The Service may allow you to submit information about E85 stations, including but not limited to location data, prices, and availability ("Contributions"). When you create or make available any Contributions, you thereby represent and warrant that:

• The information is accurate and truthful to the best of your knowledge
• You have the necessary rights to submit such information
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions do not contain harmful, abusive, or objectionable content
• Your Contributions do not violate any applicable law or regulation

Moderation of Contributions

New station submissions are reviewed by a person before they appear on the map. Nothing you submit as a new station is published automatically.

Corrections to existing stations — pump status and ethanol percentage — take effect immediately so the map stays current, and are rate limited. We record internally which account made each change so that abuse can be traced and reversed.

We may remove, edit or refuse any Contribution at any time, for any reason, without notice. We do not undertake to review every Contribution, but we act on reports.

Reporting objectionable content or abuse. If you see a Contribution that is false, offensive, or otherwise objectionable, email [email protected] with enough detail to identify it. We aim to review reports within 24 hours and will remove content that violates these Terms and, where warranted, suspend or terminate the account responsible.

Termination

We may suspend or terminate your account and your access to the Service at any time, without notice or liability, if you breach these Terms, submit false or abusive Contributions, or use the Service in a way that harms other users or the Service itself. On termination your right to use the Service ceases immediately.

You may delete your account at any time. In the mobile apps, open the Account tab and choose "Delete account". What deletion removes and what it keeps is described in our Privacy Policy.

Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make it available. As a user of the Service, you agree not to:

• Submit false or misleading information about E85 stations
• Attempt to impersonate another user or person
• Use any automated system to access the Service
• Attempt to bypass any security measures
• Interfere with or disrupt the Service
• Engage in any data mining or data harvesting activities
• Use the Service in any way that could damage, disable, or impair it

Intellectual Property Rights

The Service and its original content (excluding Contributions provided by users), features, and functionality are and will remain the exclusive property of GetE85. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by GetE85. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Disclaimer

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

Apple App Store

If you obtained the GetE85 iOS app from the Apple App Store, the following applies. This agreement is between you and GetE85 only, not with Apple, and Apple is not responsible for the app or its content. Apple has no obligation to furnish any maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Apple is not responsible for addressing any claim relating to the app, including product liability, legal or regulatory non-compliance, or consumer protection claims. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the app infringes intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist supporting, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Indiana, United States, without regard to its conflict of law provisions.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]