Last Updated:  January 17, 2025

 

These Terms of Service (“Terms of Service”) are entered into by and between you, the person or entity who views, accesses, or uses the website, mobile applications and services covered by this agreement (“you” or “user”), and TankAlerts.com (“TankAlerts.com”, “we”, “our” or “us”).  These Terms of Service govern your access to and use of our website located at www.tankalerts.com.com and/or our mobile applications (our “Site”), including any and all content, functionality and services included therein (the "TankAlerts.com Service" or our “Service”).

 

Please read these Terms of Service carefully before using or accessing our Site or Service.  By using our Site or Service, you agree that you have read and understand these Terms of Service and that you accept, consent to and agree to be legally bound by and abide by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service, do not use our Site or Service.

 

I. Privacy and Data Security.  Your use of our Site and Service is also subject to the TankAlerts.com Privacy Policy (our “Privacy Policy”, and together with the Terms of Service, the “Agreement”), which is incorporated herein by reference and located at www.tankalerts.com.

 

II. Changes to the Terms of Service.  We may change, update or modify these Terms of Service or the Privacy Policy at any time, with or without notice to you. All changes are effective and binding immediately when we post them and apply to all access to and use of our Site and Service thereafter. Your continued use of our Site or Service following the posting of the revised Terms of Service means that you accept and agree to the updated Terms of Service. You should check this page from time to time so you are aware of any changes.

 

III. Permitted Users.  Our Site is only intended for users who are 18 years of age or older and reside in the United States. By using or accessing our Site or Service, you represent and warrant that you are at least 18 years old and reside in the United States.  If you do not meet these requirements, do not use our Site or Service.

 

IV. Our Services.  The TankAlerts.com Service may include LP tank monitoring services, subscription services, online marketplace services and other related or similar services. Some services may not be available to you if you reside in certain geographic areas, especially if you live outside of the United States of America.  To determine if our services are available in your area, please visit www.tankalerts.com.  All orders and purchases through our Site or for our Service are processed through us; provided, however, that purchases and charges to your credit card are processed by our third-party credit card processing provider. All credit card transactions will be listed as TANKALERTS.COM.

 

V. Order Cancellation.  TankAlerts.com processes subscription orders right away.  Accordingly, while TankAlerts.com may use reasonable efforts to accommodate a change request, TankAlerts.com does not make any guarantee that requests for cancellations or changes will be accommodated.  If you would like to request a cancellation of or change to your order, please call our customer service team at (650) 360-3148.

 

VI. Subscriptions.  TankAlerts.com is a subscription-based business.  We offer a range of subscription plans that include monitoring services, as well as plans that include the rental of required hardware devices combined with monitoring services.  These plans are paid on an annual basis and automatically renew each year on the anniversary of the original purchase date.

 

VII. Equipment.  In addition to monitoring services, each subscription plan also requires specialized equipment necessary to monitor your LP tank(s). At least one Mopeka Tank Check or Mopeka Pro sensor is required to use the subscription, which the subscriber must provide at their cost.  The number of sensors allowed to be monitored depends on the plan selected.  Mopeka Tank Check and Mopeka Pro sensors can be purchased online from eBay sellers or directly from Mopeka.com, and they may be found at a local Ace Hardware store. TankAlert.com only supports the Mopeka Tank Check and Mopeka Pro sensor models.  A TankAlert.com beacon gateway device is also required equipment to use a subscription and is provided on a rental basis with each subscription.  This gateway device must be plugged into an AC electrical outlet at all times, actively connected to a subscriber-provided WiFi network that has Internet access, and must be positioned within 25-50 feet of the Mopeka sensors being monitored.  The Mopeka sensors broadcast a Low-Energy Bluetooth (BLE) signal, which the beacon gateway device receives and then forwards to TankAlert.com over the WiFi/Internet connection.  Walls and obstacles between the gateway device and the Mopeka sensors can weaken the Bluetooth signal, requiring the beacon gateway to be relocated closer to the sensors.  The beacon gateway device is not waterproof, so it must be located indoors or within a weatherproof enclosure. The beacon gateway device is rented as part of the subscription and remains the property of TankAlerts.com and must be returned to TankAlerts.com within 30 days following the termination of the subscription plan.  If the equipment rented under subscription plan is not received by TankAlerts.com in working condition within 45 days following the termination of that subscription plan, the customer will be required to reimburse TankAlerts.com a device replacement fee of $69.95.

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VIII. Subscription Cancellation. Our subscription plans automatically renew annually. You can turn off the automatic renewal at anytime in the Member area of our website.  If you wish to cancel your subscription plan prior to the end of the subscription period, you can call TankAlerts.com at 650-360-3148 or email support@tankalerts.com to request a cancellation, and we will do our best to accommodate your request. If you cancel a subscription, we will refund the unused balance of the subscription on a prorated basis, only after you have returned (and TankAlerts.com has received) the equipment provided by TankAlerts.com in connection with your subscription plan (i.e., a beacon gateway device) in working condition.  We will provide return instructions to you upon receipt of your cancellation request or upon the termination of your subscription, if not auto-renewed.

 

IX. Communications; Text Messages.

 

By creating a TankAlerts.com Account, you agree to accept and receive communications from TankAlerts.com, our employees, or third parties that provide services to TankAlerts.com including via emails, text messages, or phone calls, through any email address or phone number provided by you in connection with your Account. Such communications may include, without limitation, communications regarding orders, subscriptions, your Account or other items related to the TankAlerts.com Service. Message and data rates may apply. If you do not wish to receive such text messages or other communications, you may change your notification preferences by accessing Settings in your Account, but some or all of the features of our Site and Service may not be available to you if you opt-out of such receiving such communications.

 

X. Ownership; Intellectual Property.

 

Our Site and its entire contents, features, and functionality (including but not limited to all information, software, hypertext markup language ("HTML"), scripts, active server pages, text, displays, graphics, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TankAlerts.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material or content on our Site without our prior written consent, except for (1) any materials temporarily stored in RAM or files automatically cached by your web browser for display enhancement purposes, (2) one copy of individual pages of our Site solely for your personal use (such as in connection with your orders or subscription), and (3) a copy of our mobile application downloaded to your device, in each case, in connection with your use of our Site and Service in the ordinary course and in accordance with these Terms of Service. If you print, copy, modify, download, or otherwise use or provide access to any part of our Site in violation of these Terms of Service, your right to use our Site and Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

No right, title, or interest in or to our Site, including any content or materials therein, is transferred to you, and all rights not expressly granted are reserved by TankAlerts.com. Any use of our Site not expressly permitted by these Terms of Service is a breach of these Terms of Service.

 

XI. User License.  Subject fully to these Terms of Service, TankAlerts.com hereby grants you a limited, revocable, non-exclusive, non-sublicensable, right and license to use, store and access the Site, including the software other contents thereof, solely for your personal use and in connection with the TankAlerts.com Service and solely during the term of your subscription to the TankAlerts.com Service.

 

XII. Prohibited Uses.

 

You agree to use our Site and Service only for lawful purposes and in accordance with these Terms of Service.  You agree not to use our Site or Service:

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• In any way that violates applicable federal, state, local or other laws and regulations.

 

• To impersonate TankAlerts.com or any of its employees, representatives, or users.

 

• In a manner that infringes on any intellectual property, proprietary or other rights of TankAlerts.com or any other third party.

 

• For any commercial purposes inconsistent with these Terms of Service.

 

• To engage in any conduct that restricts or inhibits anyone’s use of our Site or Service, or which, as determined by us, may harm TankAlerts.com or other users, or expose them to liability.

 

• In any manner that is reasonably likely to disable, overburden, damage, impair or interfere with the proper working of our Site, the TankAlerts.com Service or any TankAlerts.com equipment.

 

You also agree not to:

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• Deep-link to the Site, or link or frame to any pages of the Site, in whole or in part, for any purpose without our prior written consent.

 

• Monitor, scrape or copy (whether manually or through any robot, spider, web crawler, extraction software, automated process or device) any of the content or materials provided to you through the Site or the Service for any purpose, which is not expressly authorized in these Terms of Service without our prior written consent.

 

• Introduce to the Site or any TankAlerts.com equipment any viruses, trojan horses, worms, or other material that is malicious or technologically harmful.

 

• Attempt to gain unauthorized access to our Site or attempt to interfere or tamper with the proper working or security of our Site, the TankAlerts.com Service or any equipment provided in connection therewith.

 

XIII. Your Account; Security. In order to use our Site and the TankAlerts.com Service, you may be required to create a TankAlerts.com account (“Account”) and provide certain registration information, which may include personal information about you (“Registration Information”).   You understand and agree that all Registration Information you provide to us is governed by the Privacy Policy, and you consent to our use and disclosure of such information consistent with the Privacy Policy. As a condition to your use of and access to our Site, you agree to provide and maintain accurate, current and complete Registration Information, and to promptly update such information to reflect any changes thereto.

 

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities and actions that occur or are taken in connection with your Account, password or other security information.  You also acknowledge that your Account is personal to you and agree not to provide any other person or entity with access to your Account, password or any other aspects of our Site using such security information. You agree to (1) immediately notify TankAlerts.com of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password; and (2) ensure that you exit from your Account at the end of each session. TankAlerts.com will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (1) and (2) or for any acts or omissions by you or someone else using your Account and/or password.

 

XIV. Third-Party Links.

 

As a courtesy to you, our Site may include links to other third-party websites.  If you opt to access or visit any such third-party websites, you understand, acknowledge and agree that you do so entirely at your own risk. TankAlerts.com makes no representations, warranties or endorsements of any kind, express or implied, regarding such third-party websites, information, products or services. TankAlerts.com has no control of these third-party websites, and we cannot (and do not) guarantee the accuracy, completeness, or timeliness of any such information or sites. You understand and agree that these Terms of Service shall not apply to any such third-party sites, and that any terms, conditions or policies relating to such third-party sites, information or services are solely between you and such third-party businesses.

 

XV. Trademarks. "TankAlerts.com", all TankAlerts.com logos, and all related names, logos, product and service names, designs, and slogans are the trademarks of TankAlerts.com or its licensors, or are otherwise proprietary to TankAlerts.com or its licensors. You may not use such marks for any reason without our prior written permission, unless expressly permitted by these Terms of Service. All other names, logos, designs and slogans on our Site are the trademarks of, or are otherwise proprietary to, their respective owners.

 

XVI. Termination.  Without limiting any other remedies available to us, we reserve the right to immediately terminate your Account or access to our Site or the TankAlerts.com Service at any time and without prior notice if we reasonably believe you are in violation of these Terms of Service. Upon such termination, we may refund the unused balance of the relevant subscription on a prorated basis, only after you have returned (and TankAlerts.com has received) all of the equipment provided by TankAlerts.com in connection with your subscription plan (i.e., beacon gateway(s)) to TankAlerts.com in working condition.  We also reserve the right to take appropriate action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Site or Service.

 

XVII. Modifications to our Site; Access. We reserve the right to make changes to, suspend, discontinue or withdraw, any aspect of our Site or Service, including the availability of any feature or any related services, at any time in our sole discretion and without notice. We will not be liable if for any reason all or any part of our Site or Service is unavailable at any time.

 

We may also place limits on certain features or restrict access to parts or all of our Site for any reason without notice or liability.  We also reserve the right to make the Site unavailable or to take it down without notice or liability as may be required or desired to make modifications or for any other reason.

 

XVIII General Disclaimer.  Without limiting any other disclaimer in these Terms of Service, TankAlerts.com makes no representation or warranty of any kind regarding your use of, storage of, or any other action or inaction by you in connection with any LP gas tanks. Your use of, and action or in action with respect to, such gas and/or LP tanks is solely at your own risk.  You are solely responsible for determining whether your use of or other action (or inaction) by you or your representatives or your guests in connection with such gas or LP tanks is safe and appropriate under the circumstances.

 

XIX. Disclaimer of Warranty.

 

YOUR USE OF OUR SITE, ITS CONTENT, THE TANKALERTS.COM SERVICE, AND ANY EQUIPMENT PROVIDED IN CONNECTION THEREWITH IS AT YOUR OWN RISK. THE TANKALERTS.COM SERVICE, OUR SITE, AND ANY EQUIPMENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TANKALERTS.COM NOR ANY PERSON ASSOCIATED WITH TANKALERTS.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER TANKALERTS.COM NOR ANY PERSON ASSOCIATED WITH TANKALERTS.COM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, THE SERVICE OR AND  ANY EQUIPMENT PROVIDED IN CONNECTION THEREWITH WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE SERVICE OR ANY EQUIPMENT PROVIDED IN CONNECTION THEREWITH WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  NEITHER TANKALERTS.COM NOR ANY PERSON ASSOCIATED WITH TANKALERTS.COM ADOPTS ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER, OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TANKALERTS.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE TANKALERTS.COM SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY EQUIPMENT PROVIDED IN CONNECTION WITH THE TANKALERTS.COM SERVICE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

XX. Limitation of Liability.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL (1) TANKALERTS.COM, OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR LICENSORS (“TANKALERTS.COM PARTIES”) BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM YOUR USE OF OUR SITE OR SERVICE, YOUR INABILITY TO ACCESS OR USE OUR SITE OR SERVICE, OR ANY OTHER MATTER RELATED TO YOUR USE OF OUR SITE OR SERVICE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (2) THE TOTAL LIABILITY OF THE TANKALERTS.COM PARTIES EXCEED THE AMOUNT PAID TO US BY YOU IN CONNECTION WITH THE SITE AND TANKALERTS.COM SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE RELEVANT CLAIM.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. In addition the limitation of liability set out above does not apply to liability resulting from our own gross negligence or willful misconduct.

 

XXI. Indemnification.

 

You hereby agree to indemnify and hold harmless TankAlerts.com, its affiliates, licensors, service providers, and its and their respective directors, members, officers, employees, contractors, agents, licensors, suppliers, successors, assigns, and representatives (collectively, "TankAlerts.com Parties") from and against any and all claims, liabilities, damages, judgments, demands, losses, costs and expenses (including reasonable attorneys' fees), arising out of or resulting from (1) your violation of these Terms of Service or any applicable law, (2) your use of our Site or the TankAlerts.com Service, (3) your improper or illegal purchase and/or receipt of any LP tanks or related equipment, or (4) your use of, or actions or inaction in connection with, any LP tanks (or any consequences thereof).

 

XXII. Governing Law; Jurisdiction.  You understand, acknowledge and agree that these Terms of Service will be governed by and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. The state or federal courts located in the City and County of San Francisco, California, shall have exclusive jurisdiction over any cause of action arising out of or related to the Agreement, our Site or the TankAlerts.com Service. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

XXIII. Consideration. You acknowledge and agree that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of our Site and your receipt and/or use of the TankAlerts.com Service.

 

XXIV. General.

 

Entire Agreement.

 

These Terms of Service and the Privacy Policy constitute the entire agreement between you and TankAlerts.com regarding the Site and the TankAlerts.com Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties of any kind regarding the subject matter thereof.

 

No Waiver.

 

No waiver by TankAlerts.com of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TankAlerts.com to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

Force Majeure.

 

TankAlerts.com shall not be deemed to be in default of any provision of these Terms of Service or for failure in performance resulting from acts or events beyond our reasonable control and arising without our fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

 

Headings.

 

The headings in the Agreement are for convenience only and are not part of the Agreement.

 

Severability.

 

If any part of these Terms of Service is held by a court or other government entity of competent jurisdiction to be unlawful, void, or unenforceable for any reason, that part will be (1) deemed severable and will not affect the validity and enforceability of any remaining provisions, and (2) reformed by such court or entity and enforced to the fullest extent lawful, valid and enforceable.

 

XXV. Contact Us. If you have any questions or comments regarding your Account, your subscription plan, any orders, or our Site or Service, please contact us at (650) 360-3148.