Legal
Please read these terms carefully before using Trademytank.com and our services.
Welcome to Trademytank.com. The Trademytank.com website (the "Site") is operated by Tank Exchange Inc ("Tank Exchange"), a company registered in Massachusetts. Your use of Trademytank.com is subject to your acceptance, without modification, of the terms, conditions, and notices contained herein (the "Terms"). By accessing or using Trademytank.com, you agree to comply with these Terms. We recommend reading them carefully and keeping a copy for your reference.
Tank Exchange's Privacy Policy governs your use of Trademytank.com. Please review our Privacy Policy, which outlines our data collection practices and how we handle user information.
When you visit Trademytank.com or send emails to Tank Exchange, you are engaging in electronic communications. By doing so, you consent to receive electronic communications from us. You agree that any agreements, notices, disclosures, and other communications provided to you electronically, via email or on the Site, satisfy any legal requirement that such communications be in writing.
By using this site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that Tank Exchange is not liable for any third-party access to your account resulting from theft or misappropriation. Tank Exchange and its associates retain the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Cancellations and Refunds
Customers may request to cancel an order at any time. Orders canceled before the tanks have been prepared, loaded, or assigned to a delivery route will receive a full refund. Once an order has been prepared, loaded, assigned to a route, or dispatched, cancellation or failed-delivery fees may apply to cover tank preparation, labor, fuel, loading and unloading, and route disruption.
Completed deliveries and services are nonrefundable unless Tank Exchange delivered the wrong product, made an order error, or provided a defective tank. To report an issue, contact us promptly at [email protected] or 818-MY-TANKS (818-698-2657).
Customer Responsibility and Tank Accessibility
Exchange tanks must be placed outside in the pickup location selected during checkout and remain accessible between 8 AM and 8 PM on the scheduled delivery day, regardless of our posted business hours. Customers do not need to be home unless otherwise arranged.
Customers are responsible for providing the correct delivery address, phone number, tank quantity and size, exchange or spare-tank option, pickup location, and delivery instructions. Tanks must be safely accessible without interference from locked gates, unsecured animals, snow, ice, blocked driveways, unsafe property conditions, or other obstructions.
If an issue prevents delivery, the driver may attempt to contact the customer using the phone number provided with the order. The driver is not required to repeatedly call or text, wait for a response, or remain at a property when the order cannot be safely completed. The driver has final discretion to determine whether a tank, animal, driveway, road, property, or delivery condition is safe and accessible.
Failed or Partially Completed Deliveries
A cancellation or failed-delivery fee will apply when an order has already been prepared, loaded, assigned to a route, or dispatched and all or part of the order cannot be completed because of a customer-related issue. The following fee will apply to each affected tank:
If part of the order is successfully completed, the fee will apply only to the tanks that could not be exchanged. The applicable fee will be deducted from the refunded balance.
Customer-related issues include tanks not being left outside, fewer tanks being available than ordered, the wrong tank size or order option being selected, tanks being left somewhere other than the selected pickup location, locked gates, blocked access, snow or ice, unsecured or intimidating animals, an incorrect or inaccessible address, unsafe property conditions, or the customer refusing or canceling the order after preparation or dispatch.
Tank Exchange reserves the right to reduce or waive a fee when circumstances warrant.
Rush Delivery
One-hour rush delivery and same-day rush delivery fees are nonrefundable once the order has been prepared, prioritized, or dispatched. If a rush order cannot be completed because of a customer-related issue, the rush fee will not be refunded, and the applicable cancellation or failed-delivery fee will also be deducted from the remaining balance.
Rush fees and failed-delivery fees will not apply when an order cannot be completed because of an error by Tank Exchange.
Missing, Incorrect, or Unacceptable Tanks
If fewer exchange tanks are left out than the number ordered, Tank Exchange may complete the portion of the order that is available. The applicable failed-delivery fee will be charged for each missing tank.
Tank Exchange accepts propane tanks from other brands, including tanks that are old, rusty, dirty, or expired. However, Tank Exchange may refuse a cylinder that is not a qualifying propane cylinder, has been improperly modified, has severe structural damage, has been exposed to fire, contains or previously contained an unknown substance, is missing necessary components, or cannot be safely or legally transported.
Customers are responsible for selecting the correct tank size, quantity, exchange option, and pickup location. If the wrong option is selected, a tank cannot be accepted, or the driver cannot determine which tank is intended for exchange, the order may be partially completed or canceled. The applicable failed-delivery fee will apply only to the affected tanks.
Tank Attachments
Customers should remove regulators, hoses, gauges, adapters, tank bases, and other personal attachments before leaving a tank out for exchange. Any attachment left on a tank may be removed, discarded, or exchanged with the tank.
Tank Exchange is not responsible for attachments left on an exchanged cylinder and cannot guarantee that an attachment can be located or returned after the delivery has been completed.
Tank Exchange Delays and Cancellations
Tank Exchange reserves the right to postpone or cancel a delivery because of severe weather, unsafe road conditions, fill-station issues, equipment problems, unusually high order volume, or other unforeseen circumstances.
Customers will not be charged a cancellation or failed-delivery fee when Tank Exchange postpones or cancels an order. If Tank Exchange cancels an order, the customer will receive a full refund for the undelivered portion, including any applicable delivery or rush fees.
Completed Orders and Tank Issues
Completed orders and delivery services are nonrefundable unless Tank Exchange delivered the wrong product, made an order error, or provided a defective tank.
Customers who believe there is an issue with a delivered tank should turn the tank valve off, discontinue use, and contact Tank Exchange promptly at [email protected] or 818-MY-TANKS (818-698-2657). Tank Exchange will review the situation and determine whether a replacement, service visit, credit, or refund is appropriate.
The use of CO2 and propane tanks provided by Tank Exchange Inc. carries inherent risks and potential hazards. By using our CO2 and propane tanks and utilizing propane and CO2 in any form, you agree that Tank Exchange Inc., its affiliates, employees, agents, and contractors shall not be held liable for any accidents, damages, injuries, losses, or any other claims arising from the use, handling, or operation of the CO2 and propane tanks or the use of propane and CO2 in any form, whether such damages are direct, indirect, incidental, consequential, or otherwise.
You acknowledge and accept that you are solely responsible for ensuring the safe and proper use of the CO2 and propane tanks and for complying with all applicable laws, regulations, and safety guidelines regarding the use of propane and CO2. Tank Exchange Inc. shall not be responsible for any misuse, negligence, or failure to follow proper safety procedures by the user.
Furthermore, you agree to indemnify and hold Tank Exchange Inc., its affiliates, employees, agents, and contractors harmless from any claims, demands, liabilities, costs, or expenses (including legal fees) arising out of or related to your use of the CO2 and propane tanks or the use of propane and CO2 in any form.
Trademytank.com may contain links to other websites ("Linked Sites"). Tank Exchange is not responsible for the contents of any Linked Site, including any link contained within a Linked Site or any changes or updates to a Linked Site. The inclusion of any link does not imply endorsement by Tank Exchange of the site or any association with its operators. Certain services available via Trademytank.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Trademytank.com domain, you acknowledge and consent that Tank Exchange may share such information and data with any third party with whom Tank Exchange has a contractual relationship to provide the requested product, service, or functionality on behalf of Trademytank.com users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use Trademytank.com strictly in accordance with these terms of use. You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tank Exchange or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
Tank Exchange does not knowingly collect personal information from individuals under the age of thirteen. If you are under 18, you may use Trademytank.com only with permission from a parent or guardian.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TANK EXCHANGE INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TANK EXCHANGE INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TANK EXCHANGE INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TANK EXCHANGE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TANK EXCHANGE INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Tank Exchange reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tank Exchange as a result of this agreement or use of the Site. Tank Exchange's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tank Exchange's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tank Exchange with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tank Exchange with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Tank Exchange with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Tank Exchange reserves the right, in its sole discretion, to change the Terms under which Trademytank.com is offered. The most current version of the Terms will supersede all previous versions. Tank Exchange encourages you to periodically review the Terms to stay informed of our updates.
Tank Exchange welcomes your questions or comments regarding the Terms. Please contact us at [email protected] or call us at 818-MY-TANKS (818-698-2657).
Effective as of September 01, 2020