GasBuddy Paid Membership Terms of Service
Enrollment Terms and Conditions
This agreement ("Agreement") is made by and between the person named in the "Membership Enrollment Application" ("you", "your", or "yours") for the use of the service offered by GasBuddy, its affiliates, its subsidiaries or its assignees ("GasBuddy", "we", "us", "our", "ours"), and shall govern your enrollment in, and use of the GasBuddy Paid Membership Services (the "Membership Service") described herein.
- Acceptance Of Terms
By enrolling in and using the Membership Service, you agree to be bound by the terms and conditions of this Agreement. As a condition for enrolling in the Membership Service you must also enroll in the Pay with GasBuddy™ Program and agree to the GasBuddy Payment Card Terms of Service and you acknowledge that you have read, understand and agree to abide by the terms of this Agreement. You agree that you are intending to form a legally binding contract between yourself and GasBuddy. Any rights not expressly granted herein are reserved by GasBuddy.
- Description of the Membership Service
Upon completion of the GasBuddy Membership enrollment process ("Enrollment") and acceptance by GasBuddy, you will become eligible to use the Membership Services offered by GasBuddy. After Enrollment, you may receive a new GasBuddy Payment Card (“PayCard”) in the mail, with instructions on how to activate the PayCard, including how to set your Driver ID. Membership Services will consist of the following services as may be updated from time to time by GasBuddy:
Additional Discounts on Retail Fuel Purchases
As part of your Enrollment, you will be informed of the eligible discounts on retail fuel purchases associated with your Enrollment (the “Membership Fuel Discount”). The Membership Fuel Discount will be a per gallon discount that is limited to a defined number of gallons of gasoline purchased each calendar month using the PayCard. If you purchase less than the defined amount of gallons in a given month, your remaining balance of unused gallons available for the Membership Fuel Discount will not roll over to the next month. The Membership Fuel Discount you will receive will be credited at the time of Automated Clearing House (ACH) withdrawal in accordance with the PayCard Terms of Service. GasBuddy reserves the right to offer varying Membership Fuel Discount Programs as part of different promotional programs. Your Membership Fuel Discount will be governed by the terms in place as part of your Enrollment.
Roadside Assistance Program
As part of your Enrollment in GasBuddy’s Paid Membership you will be eligible to participate in a roadside assistance program (the “Roadside Assistance Program”) which will be administered by Signature Motor Club (SMC). Participation in the Roadside Assistance Program will be available to you beginning 72 hours following your Enrollment in the Membership Services. SMC shall be responsible for providing benefits only as described in this Agreement, including all limits and restrictions set forth herein. SMC shall be responsible for acquiring all information from you necessary to provide the Roadside Assistance Program, including but not limited to your name, email and home address. If you call for Roadside Services (as defined below) and SMC is unable to verify your eligibility based on SMC’s records, you will be offered Services on a pay-per-use basis at your sole expense. You have access to the following services and limits in the Roadside Assistance Program (collectively, the “Roadside Services”)
- a) Towing Service - When a passenger vehicle will not start or cannot be safely driven, it will be towed from the point of disablement to a destination of your preference. Towing service is limited to a maximum of ten (10) miles. Additional towing mileage can be provided at an additional fee of $5.51 per mile pro-rated in 1/10 mile increments, at your expense. Unless prohibited by local or state regulation, you shall pay for additional towing mileage at the time the service is rendered.
- b) Flat Tire Service - If the passenger vehicle’s spare is inflated and serviceable, SMC will remove the flat tire and replace it with your provided spare. If no inflated spare is available, the vehicle will be towed in accordance with the Towing Service provision above.
- c) Jump Start - Service is provided to boost or jump start a dead battery to start the vehicle. Expenses for repairs, parts and labor are your responsibility, payable directly to the service facility, and are not reimbursable.
- d) Out of Gas - A limited supply of fuel up to three (3) gallons where allowed by law, will be delivered by an authorized SMC service provider (the “Service Provider”) to the disabled passenger vehicle to enable you to reach the nearest open service station. You are responsible for the cost of the fuel.
- e) Lockout Assistance - If your keys are locked inside the passenger vehicle, a Service Provider will attempt to gain entrance. The lockout assistance benefit is limited to $60, any additional costs are your responsibility. In cases where the passenger vehicle cannot be made operable, towing will be provided in accordance with the towing provision in the clause above.
- f) Winching - An eligible vehicle will be winched by a Service Provider when it can be safely serviced from a paved public road or paved private road if the Service Provider is able to gain access. Maximum distance for winching is 30 feet. Maximum covered benefit is limited to labor costs of one man for one-half hour as charged by the Service Provider. Extraction of vehicles embedded in mud, water, snow or similar material is not a covered benefit, but may be available, at the Service Provider’s discretion, at your expense.
- g) You shall receive the benefits of SMC’s Access to Savings program, which includes discounts on automotive and travel related services such as car rental and lodging. Specific discounts and programs may vary.
- h) Services not specifically listed above are not included in the stated pricing. Other services requested by you may be provided by the Service Provider at prices to be quoted and accepted by you prior to delivery.
SMC will provide Roadside Services, as outlined above to you, with up to three (3) Dispatches covered during any 12 month period, per member, measured from the date of initial eligibility. SMC’s obligation is limited to the Roadside Services specifically described above. In the event any Roadside Service is requested but not available, it will not count against your usage. Your use of Roadside Assistance Services will be limited to non-commercial passenger vehicles
You recognize that in some instances, SMC may be unable to locate a Service Provider or that due to severe weather or other circumstances beyond SMC’s control, no Service Provider is available for dispatch for an extended period of time. In the event that available limits on the Roadside Services available under Roadside Assistance Program are exceeded, you acknowledge that you are responsible for additional out of pocket expenses.
- Enrollment Requirements
You must be 18 years of age or older to use the Membership Service. You agree to provide true, accurate, current and complete information about yourself as prompted during Enrollment ("Enrollment Data") and maintain updated and accurate Enrollment Data.. If you provide any information that is untrue, inaccurate, not current or incomplete, or if GasBuddy has reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the Membership Service and refuse any and all current or future use of the Membership Service (or any portion thereof). By enrolling in and using the Membership Service, in addition to the terms of this Agreement, you agree to comply with all applicable federal, state/provincial and local laws, rules and regulations. Your failure to comply with the Terms and Conditions, including those contained in this section shall be deemed a waiver of any and all claims against GasBuddy for any losses you may sustain from using the Membership Service.
- Enrollment and annual account maintenance fee
Your Membership Services account will be subject to a non-refundable annual membership fee, any return fee associated with non-sufficient fund transactions and a shipping charge and any sales tax associated with delivery of replacements PayCard cards. These fees will be properly disclosed during Enrollment and will be charged to your account via ACH. Without prior cancellation of membership, your Membership Services will automatically renew and you will be charged an additional annual membership fee, subject to rates at the time of renewal.
In the event that you do not wish to participate in the Roadside Assistance Program but would still like to receive the Membership Fuel Discount, you must contact a support representative prior to enrolling in the Membership Services program by filling out a support form at help.gasbuddy.com. Upon doing so, you will be offered a pro-rated enrollment fee, less an annual charge for the Roadside Assistance Program.
- Transfer, Suspension and Closure of Accounts
As an enrollee, your right to use the Membership Service is non-transferable. In the event of an unpaid balance or insufficient funds related to your PayCard account or if you close your bank account, file for bankruptcy protection, or your account is subject to judgment or lien, GasBuddy may, in its sole and absolute discretion, terminate your PayCard account and discontinue your access to the Membership Services.
- GasBuddy's Proprietary Rights
The Membership Service and any related software(s) or documentation are the property of GasBuddy, its assignees and/or content suppliers, and are protected by United States and International intellectual property rights laws.
- Warranty Limitation
THIS MEMBERSHIP SERVICE IS PROVIDED "AS IS" AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE MEMBERSHIP SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT THE MEMBERSHIP SERVICE WILL OPERATE WITHOUT ERRORS, OR THAT THE MEMBERSHIP SERVICE WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES.
We will disclose information to third parties about your Membership Services account:
- A) Where it is necessary for completing transactions, or
- B) In order to verify the existence and condition of your account for a third party such as a merchant, or
- C) In order to comply with government agency or court orders, or
- D) If you give us your written permission.
You will get a receipt on your GasBuddy mobile app and by an email at the time GasBuddy is made aware of any transaction using your paycard or transfer from your account (including any fees related to your Enrollment) that shows the amount transferred from your account. You may also get a receipt from the merchant at that time. The amount shown on a merchant receipt will not include the GasBuddy Member Fuel Discount.
You agree that GasBuddy may cancel or suspend the Membership Service and terminate this Agreement in GasBuddy’s sole and absolute discretion, at any time, for any reason with or without prior notice at which time you will be entitled to a pro-rated refund of any annual membership fees. You may terminate this Agreement at any time by contacting us by email, on the GasBuddy mobile application, or by telephone; provided however, your annual membership fee shall be non-refundable.
Upon termination of this Agreement you will no longer have access to the Membership Service and your User ID and all related information, content, data associated with or inside your account (or any party thereof) will be deactivated. If you choose to cancel your Membership Services account prior to expiration of your annual term, you will no longer be eligible to receive Roadside Assistance Services and will no longer be eligible to receive the Membership Fuel Discount.
You agree that termination of this Agreement by you or us will not affect any of our rights or your obligations arising under this Agreement prior to termination.
We may provide you with notices including those regarding changes to this Agreement by email, regular mail and/or by posting notifications to our mobile application.
If any clause, sentence or other provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining clause, sentence, or other provisions shall remain in full force and effect. This Agreement constitutes the entire, full and complete Agreement between the parties concerning the subject matter hereof, and supersedes all prior agreements, whether written or oral. Neither party shall assign or transfer this Agreement nor delegate any of its rights or obligations hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, GasBuddy may assign this Agreement without your prior written consent to the surviving entity in a merger or consolidation in which it participates or to a purchaser of all or substantially all of its assets. Any assignment, transfer or delegation of rights or obligations hereunder in contravention of this Section shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the parties to this Agreement and their respective successors and permitted assigns, and, except as provided in this Section 13, is not intended and shall not confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions. Each party hereby consents to the exclusive venue and jurisdiction of the federal and state courts located in Suffolk County, Massachusetts to resolve any dispute arising out of this Agreement. The prevailing party in any dispute arising under this Agreement shall be entitled to recover its fees and expenses incurred in any such proceeding or dispute, including but not limited to, reasonable attorneys’ fees and expenses. EACH PARTY HEREBY IRREVOCABLY WAIVES TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE) RELATING TO THIS AGREEMENT. The headings used in this Agreement are for reference purposes only and shall not be considered a part of this Agreement. If any of the provisions of this Agreement are declared to be invalid or unenforceable by a court of competent jurisdiction, such provisions shall be ineffective to the extent of such invalidity or unenforceability while the other provisions hereof shall remain in full force and effect. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed on behalf of the party against whom it is asserted. Any consent by any party to, or waiver of, a breach of the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach of this Agreement by such party. Except for your obligation to make payment hereunder, neither party will be deemed in default of this Agreement as a result of a delay in performance or failure to perform its obligations caused by acts of God or governmental authority, strikes or labor disputes, fire, acts of war, failure of third party supplier, or for any other cause beyond the reasonable control of that party.
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