Welcome to www.propane360.com. This website is owned and operated by Propane360 LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
This agreement is in effect as of June 30, 2012.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Propane360 LLC a/k/a Propane360.com is not a propane company and we do not sell propane. Our goal is to provide the propane consumer and dealer/retailer with a more convenient and efficient means to connect. Propane dealers/retailers that offer their product on Propane360.com operate independently of Propane360 LLC. Propane prices depicted on this site are controlled by each respective propane dealer/retailer and Propane360.com does not verify said prices and/or information represented. Propane360.com makes no representation or warranty regarding accuracy of price, product quality, delivery errors, misrepresentations or availability of products offered by dealers/retailers on this site. Propane360.com does not endorse any one dealer/retailer over another nor does Propane360.com warrant any service provided by said dealers/retailers. All dealers/retailers listed on Propane360.com claim to be licensed and insured accordingly with regard to applicable operating laws within the respective dealer/retailer jurisdictional parameters. Consumers who elect to purchase propane and/or related propane products through use of Propane360.com will not hold Propane360 LLC a/k/a Propane360.com liable for any form of errors in delivery, non-delivery, rescheduled deliveries, property damage, or any faults sustained in error or accident by the propane dealer/retailer. Furthermore, under no circumstances shall Propane360 LLC a/k/a Propane360.com or any of its agents be held or become liable for any damages or claims of any kind directly or indirectly caused by usage of this website. Propane360 LLC a/k/a Propane360.com and its dealer/retailer partners reserve the right to refuse service at any time and for any lawful reason. By utilizing Propane360.com the consumer agrees to all conditions set forth herein and accepts these terms on a legally binding basis.
Purchase/Order
Propane360.com affords the propane consumer the opportunity to find, compare, and order propane. Upon selecting their propane dealer/retailer of choice, the consumer will click the “order” link from the price comparison page or dealer/retailer business page and will then fill out the applicable order and payment forms. Orders initiated by credit card are pre-approved for the amount shown in the Total Cost section of the order form. No charges will be made to credit cards until after a delivery has transpired. The consumer does not have to be present if they have chosen to pay for their propane order via credit card. If the consumer elects to initiate an order with “cash”, then they must be present at time of delivery to pay the propane delivery representative in “CASH ONLY” prior to the actual delivery taking place. A credit card or check will not be accepted in this case; no exceptions. Propane deliveries requiring more or less propane than indicated on the order form may be subject to price changes. It is the responsibility of the consumer to order the correct amount of propane. Please utilize the tools that Propane360.com provides to ascertain the correct amount of propane needed. (Please refer to “FAQs”; #5 & #6.) Propane prices are subject to change without notice.Consumers who own their propane tank(s) as well as consumers who lease/rent (dealer-owned) a tank(s) from their current propane dealer/retailer and elect to be on “will-call” may place an order through Propane360.com. At this time, current “Keep-Full” consumers that lease/rent (dealer-owned) their propane tank(s) from a dealer/retailer should not place an order through Propane360.com, but may contact Propane360.com in the event their current dealer/retailer misses a regularly scheduled delivery or wants to explore offers on “Keep-Full” service from other Propane360.com dealer/retailer partners. Please note*** Ifa consumer attempts to deceive Propane360.com or its dealer/retailer partners by knowingly ordering propane for a tank(s) which is not in fact consumer-owned, rather consumer-leased (dealer owned), they will be charged for any and all fees associated with a non-delivery. A consumer must select yes or no from the drop down menu on the first order page to indicate whether or not they own the tank(s) for which an order is being placed. It is the responsibility of the consumer to understand whether or not their respective tank(s) are truly consumer-owned. It is illegal for one dealer to fill another dealer’s tank(s) without consent.
Order Cancellation
The consumer agrees to pay for any and all completed orders. Chargebacks of any kind will not be accepted. The consumer agrees to pay any and all banking and legal fees associated with attempted chargebacks. Propane360.com employs advanced security measures to protect your personal and payment information. If the consumer elects to cancel an order after order confirmation has transpired a $35.00 cancellation fee will be charged to the consumer’s credit card. All cancellations must be initiated at least 24 hours in advance of the scheduled delivery date and the consumer must contact Propane360.com through the “Contact Us” section of www.propane360.com or by sending an email that includes all applicable consumer contact and order information to admin@propane360.com. Propane360.com will not be liable for deliveries made by dealers even if order cancellation has been initiated. If a dealer cannot make a delivery as ordered or scheduled, the consumer will be notified by either the consumer’s dealer of choice or Propane360.com. If agreed upon by all parties, the delivery will be rescheduled or cancelled. If cancelled, the consumer will not incur the aforementioned $35.00 cancellation fee.
Propane360 Premier Member / Buying Group
Choosing to become a Propane360 Premier Member affords the consumer an opportunity to purchase propane at a discounted price. The dealer will determine payment terms based upon the consumer’s credit history. The dealer reserves the right to revoke individual consumer’s discounted pricing if the consumer fails to maintain dealer established payment remittance terms. The annual membership fee to become a Propane360 Premier Member must be paid prior to receiving Premier Member benefits. Membership fees are non-refundable. Terms and Conditions of the selected Dealer will differ from the Terms and Conditions of this site; Propane360.com and/or Propane360 LLC. It is the responsibility of the consumer to ensure Terms and Conditions of this site; Propane360.com and/or Propane360 LLC and the selected Dealer terms are acknowledged and accepted.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading,
intimidating, fraudulent, deceptive, invasive, racist, or contains any
type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright,
or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any www.propane360.com
employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Propane360 LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
i. You agree to indemnify and hold harmless Propane360 LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.
Limitation of Warranties
By using our website, you understand and agree that all Resources we
provide are "as is" and "as available". This means
that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure
or free from errors.
iii) the information obtained by using our Resources will be
accurate or reliable, and
iv) any defects in the operation or functionality of any Resources
we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our
Resources is done at your own discretion and risk, and that you are solely
responsible for any damage to your computer or other devices for any loss
of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral
or written, obtained by you from Propane360 LLC or through any Resources
we provide shall create any warranty, guarantee, or conditions of any
kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Propane360 LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on www.propane360.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Propane360 LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Propane360 LLC.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by Propane360 LLC from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, California You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, Propane360 LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions pertaining to this site, privacy policy, terms & conditions or are seeking further clarification on any matter in particular please utilize the “Contact Us” link on www.propane360.com or send an appropriate email directly to admin@propane360.com. You may also contact us at:
Propane360 LLC
PO Box 5043
Frisco, TX 75035
(469) 200-5969