Terms of service

Terms of Service
Effective Date March 15, 2025

Through the NMBRS website portal NMBRS Fuel LLC (collectively “the Company”, “NMBRS”, “We”, “Us” or “Our”) provides individuals access to our goods for sale through our Services. As used below, “You” and “Your” refer to any individual or entity that uses our Site to access our Services. Please read the Terms of Service carefully.

TO USE THE SERVICE, YOU MUST ACCEPT THESE TERMS OF SERVICE (“TERMS OF SERVICE” OR “TERMS”). BY ACCESSING THE SERVICE THROUGH OUR SITE, OR BY OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

If you disagree with one or more of the Terms of Service, please do not use the Services. These Terms of Service shall govern Your use of the Services, certain rights and obligations concerning User Data entered when creating a user account, and associated Intellectual Property Rights thereto, including using our Services and creating a user account.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS OF SERVICE INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS TO RESOLVE ANY DISPUTE WITH US. PLEASE READ THESE REQUIREMENTS CAREFULLY.

1. Definitions
“Account” means a unique account created by You to access our Services.
“Account Profile” is the record specific to an individual and their information that is maintained by the Company after an Account is created.
“Company” refers to NMBRS Fuel, LLC, 3300 Dallas Parkway, Suite 200, Plano, TX 75093.
“Customer” is the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.
“Dispute” will have the broadest meaning possible and means any dispute, action, or other controversy between You and NMBRS relating to the Service, any transaction or relationship between You and NMBRS resulting from Your use of the Service, communications between You and NMBRS, or these Terms of Service – whether in contract, warranty, tort, laws, or regulations.
“Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.
“Payment Data” means any personal or financial information collected from a credit card, debit card or other payment method, including but not limited to a cardholder’s account number, card expiration date, and CVV2.
“Servers” are computers or devices that host the Service.
“Service” refers to the NMBRS website.
“Subscription” refers to the services or access to the Service offered on a subscription basis by the Company to you.
“Transaction Data” means Client information, User Data, Payment Data, transaction information, bank information and credit card information including without limitation tokenized account information, tokens and token access codes, account information or other data or information of any kind that is provided by or generated or collected to provide services to You.
“User Data” means any data You submit to the Servers, Website, or other areas of the Service.
“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
“Website” means the websites and services available from any and all domains and subdomains of NMBRS, and any related or successor domains and mobile applications and sites from which NMBRS may offer the Service.
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2. Verification
By accepting these Terms of Service, you represent that you are at least 18 years of age. 

You agree that as a condition to accessing the Service, You will submit to verification when required, and provide only true and accurate identification documentation. You are responsible for the accuracy and security of Your Account Profile information, and should take reasonable steps to ensure Your information remains confidential.

3. Accessing Account Profile
To access and use the Service with an Account Profile, You agree to provide accurate, current, and complete information as prompted. You may update certain information by signing into your Account and making the necessary changes. Note that our Software maintains certain personal data about you when you create an account. For more information about the personal data collected and how it is used, see our Privacy Policy.

4. Responsibility for Use of Account
You are responsible for all activities conducted through Your Account. You may use our Service only to the extent that you obey all laws, rules, and regulations applicable to Your use of our Services. We may suspend or terminate Your use of the Service and Your Account Profile as described herein and if applicable, for your failure to comply. You shall be financially responsible to NMBRS for the consequences of failing to comply.

5. Modification of Service
We reserve the right to add, modify, discontinue or eliminate aspect(s), features or functionality of the Terms of Service from time to time for any reason including without limitation for purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion. By continuing to access or use the Services after the effective date of any such change to our Terms, You are agreeing to be bound to the modified Terms of Service.
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6. Data Privacy
More information about NMBRS’s privacy practices is available here.
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7. No Responsibility for Acts of Omissions of Third-Party Websites
The Service may contain links to, or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by NMBRS. You agree that NMBRS is not responsible or liable for the content, policies, or data privacy practices of any third-party websites, servers, online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers, or online services or environments.

8. Your Rights with Respect to User Data
In connection with User Data uploaded, submitted or created by the Service, You affirm, represent, and warrant that You own or have all necessary rights and permissions to authorize NMBRS to use, retain, copy, and process the User Data in the Service and as contemplated by these Terms of Service. You agree that by uploading or submitting any User Data or Transaction Data to or through the Service, You have granted automatically NMBRS (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, perform and display such User Data and Transaction Data (including User Data and Transaction Data that is created, collected or generated by the Service or NMBRS using the User Data and Transaction Data You submit) solely for the purposes of providing the Service. You agree that the license includes the right to copy, analyze and use any of Your User Data and Transaction Data as NMBRS may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service.

9. Interruption of Service
NMBRS may on occasion need to interrupt or suspend the Service, with or without prior notice, to protect the integrity or functionality of the Service or for maintenance purposes. You agree that NMBRS is not liable for any interruption or suspension of the Service (whether intentional or not), and You will not be entitled to any compensation for interruption or suspension of service. Likewise, You agree that in the event of loss of any User Data, NMBRS will not be liable for any purported damage or harm arising therefrom.

10. Prohibited Conduct While Using the Service
You agree that You will not:
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Post, display or transmit information or data, User Data, or Transaction Data, including the unauthorized use of any payment method, that violates any law, regulation or rule, or the rights of any third party including without limitation Intellectual Property Rights;
Impersonate any person or entity without their consent, or otherwise misrepresent Your affiliation;
Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or interests or rights of other users, or that may harvest or collect any data or personally identifiable information about other users without their consent;
Engage in malicious, disruptive or other conduct that impedes or interferes with other Users’ normal use of the Service; or
Attempt to gain unauthorized access to any other Account Profile that is not Your own or that You do not manage;
You agree that You will not upload, publish, or submit to any part of the Account Portal any User Data that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless You are the owner of such rights or have permission from the rightful owner to upload or submit the User Data and to grant NMBRS all of the license rights granted in these Terms of Service. You agree that NMBRS will have no liability for, and You agree to defend (at NMBRS’ option), indemnify, and hold NMBRS harmless for, any claims, losses or damages arising out of or in connection with Your User Data.

11. Violation of Terms of Service
Any violation by You of these Terms of Service may result in immediate suspension or termination of Your use of the Service without any compensation at NMBRS’ option.

12. Releases
You agree not to hold NMBRS liable for the User Data or Transaction Data, or for the actions, or inactions of You or other Users of the Account Portal or of other third parties. As a condition of access to the Account Portal, You release NMBRS (and its officers, directors, shareholders, agents, parents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute You have or claim to have with one or more other users of the Services or with other third parties, including whether or not NMBRS becomes involved in any resolution or attempted resolution of the dispute. If You are a California resident, You waive California Civil Code Section 1542 (as may be amended). The statute currently provides: “A general release does not extend to claims that the creditor or the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or release party.” If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.

13. Disclaimer of Express and Implied Warranties
NMBRS PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE, THE WEBSITES, THE SERVERS, THE APPLICATIONS, AND YOUR ACCOUNT PROFILE, STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, NMBRS AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR CLIENT PROFILE RESIDING ON NMBRS’ SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS. NMBRS does not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, the Websites, the Servers, the Applications or Your Account Profile, and You understand that You shall not be entitled to compensation based on NMBRS’ failure to provide any of the foregoing other than as explicitly provided in these Terms of Service. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to You.
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14. Limitation of Liability
IN NO EVENT SHALL NMBRS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE SOFTWARE, THE WEBSITES, THE SERVERS, YOUR ACCOUNT PROFILE (INCLUDING ITS TERMINATION OR SUSPENSION) OR THESE TERMS OF SERVICE, WHETHER OR NOT NMBRS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL NMBRS’ CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED FIFTY DOLLARS (U.S. $150.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to You.

15. Termination of Service and License
NMBRS reserves the right to terminate Your use of the Service at any time, with or without any reason. We may suspend or terminate Your use the Services if We determine in Our discretion that such action is desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or interests of NMBRS or any third party.

16. Survival of Terms After Termination
The following terms will survive any termination of these Terms of Service: Sections 1, 2, 4, 8, and 12 through 21.

17. Dispute Resolution
In the event of a Dispute between You and NMBRS (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in the County of Collin, Texas. In the event that there is any Dispute between You and NMBRS that is determined not to be subject to arbitration pursuant to the preceding sentence, You agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts located in the County of Collin, Texas. You agree that these Terms of Service and the relationship between You and NMBRS shall be governed by the Federal Arbitration Act and the laws of the State of Delaware without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

CLASS ACTION WAIVER
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU, AND AN ARBITRATOR WILL HAVE NO JURISDICTION TO HEAR SUCH CLAIMS. IF A COURT OR ARBITRATOR FINDS THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THE CLASS ACTION WAIVER WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS DISPUTE RESOLUTION SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED WITH THE REMAINDER OF THIS SECTION REMAINING IN FULL FORCE AND EFFECT.

18. Disclaimer of Warranties as to Use Outside of the United States
The Service is a United States-based service. We make no warranty or representation that any aspect of the Service is appropriate for use outside of the United States or may be used for persons who are then located outside the United States. Those who access the Service from other locations are responsible for compliance with applicable local laws. NMBRS bears no liability or responsibility in connection with Users who access our Services from any country outside the United States.

19. Assignment of Agreement
You may not assign these Terms of Service without Our prior written consent. We may assign these Terms of Service, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under these Terms of Service without Your consent.

20. Integration, Interpretation of Section Headings and Severability
These Terms of Service set forth the entire agreement and understanding between You and NMBRS with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. NMBRS reserves the right to modify these Terms of Service at any time. If any future change is unacceptable to You, You should discontinue using the Service. Your continued use of the Service will always indicate Your acceptance of these Terms of Service and any changes to it.

You acknowledge that no other written, oral or electronic communications will serve to modify or supplement these Terms of Service, and You agree not to make any claims inconsistent with this understanding or in reliance on communications not part of these Terms of Service. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of these Terms of Service. If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

21. Notices
NMBRS may provide notice to You and obtain consent from You (1) through the Website (2) by electronic mail at the electronic mail address associated with Your Account Profile; and/or (3) through the Applications.