If you’re accessing https://fnana.mansfieldfuels.com or any of its affiliate websites (the “Site”) from a mobile device using a FuelNet Mobile Application or mobile web browser (the “Application”), the following terms and conditions (“Terms of Use”) apply to you in addition to our Terms of Use. Your use of the Application confirms your agreement to these Mobile Device Terms of Use.

Mansfield Energy Corporation (hereinafter “Mansfield”) grants you the right to use the Application only for your company or business use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the https://fnana.mansfieldfuels.com website.

Mansfield owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Mansfield’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any FuelNet Application.

FuelNet Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using a FuelNet Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).

When purchasing fuel or related services, you agree to the rules for fuel buyers:

1. You are responsible for reading the full fuel offer description before making a commitment to buy. This includes any and all delivery and service fees, state and federal excise fees and taxes (where applicable), state sales tax (where applicable), and per gallon fuel prices as set out in an offer to sell fuel.
2. FuelNet pulls terminal- and rack-level pricing directly from fuel terminals and uses an average as the basis when calculating fuel price per gallon fees where you either create a fuel request or accept an offer with Terminal / Rack Pricing plus a percentage (%) or dollar amount ($). You agree to accept these prices as the terminal or rack average and will neither challenge their accuracy or decline to pay a supplier invoice due to a belief that these fees have been incorrectly calculated.
3. You enter into a legally binding contract to purchase fuel when you accept a fuel offer, whether you manually accept an offer or agree to have FuelNet automatically match your fuel request with a supplier offer via the Services.

We do not transfer legal ownership of items from the seller to the buyer.

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

1. These Mobile Device Terms of Use are an agreement between you and FuelNet, and not with Apple. Apple is not responsible for the Application and the content thereof.

2. FuelNet grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.

5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

7. Apple and Apple’s subsidiaries are third party beneficiaries of these Mobile Device Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.