Terms

Terms and Conditions
 

Agreement between User and Trademytank.com:

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.

Privacy:

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.

Electronic Communications:

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.

Your Account:

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.

Cancellation, Refunds, and Delivery Rules:

Cancellation and Refunds:

You have the flexibility to cancel your order at any time. However, refunds for services that have already been provided will only be issued if the mistake or issue was on our end. If you believe there was an error, please promptly contact us via email at [email protected] or by phone at 818-MY-TANKS (818-698-2657).

Order Issues:
If there appears to be an issue with the order, our driver may attempt to make contact with the customer with a phone call to the number listed on the order. The customer is responsible for providing the correct and best accessible phone number. The driver is only obligated to call the customer if the tank(s) cannot be found in the area designated for tanks. If the customer does not answer or provided the wrong number, the responsibility lies with the customer if they can not contribute to a resolution and will be refunded accordingly, when necessary. In these situations, it is up to our delivery drivers discretion to decide when an order is deemed as unable to complete, such as intimidating pets, tank condition, undrivable road conditions, etc.

Customer Responsibility for Tank Accessibility:

It is your responsibility to ensure that the tank is accessible and available for exchange on the scheduled delivery day between 8 AM and 8 PM, regardless of our posted business hours. We strongly recommend placing the tank in a visible and easily accessible location, considering any potential access issues our driver may encounter, in order to avoid inconvenience or additional charges.

Failure to Leave Tank Out or Access Blockage:

In the event that customers forget to leave their tank out for exchange or if access to the tank is obstructed by intimidating or threatening pets, or any other reason that prevents us from accessing the tank, including selecting the wrong delivery option and failing to cancel the order before our arrival, a $10 fine will be applied. This fee covers the costs of fuel and labor associated with sending a driver to the customer's location. The $10 fine will be deducted from the refunded amount when we cancel the order.

Rush Delivery and Access Blockage:

If you choose a rush delivery option, such as our 1-hour rush delivery or same-day delivery after the cutoff time, and we are unable to access the tank due to reasons mentioned above and below (e.g., pets blocking access), you will receive a refund with a $10 partial fee deducted. However, please note that the refund for the "rush" delivery option will be forfeited due to the resources and prioritization used to fulfill these orders. Rush Deliveries are NON-REFUNDABLE.

Delivery Postponement and Order Cancellation:

We reserve the right to postpone delivery in cases where weather conditions, fill station issues, influx of orders, or any other unforeseen circumstances may affect the timely delivery of tanks. Additionally, we reserve the right to cancel any order at any time and for any reason. In such instances, you will receive a full refund.

Attachments and Tank Condition:

Any attachments left attached to a tank that is left out for exchange become our property once the tank is exchanged. Although we may attempt to make arrangements for their return, we are not obligated to do so, nor is it our responsibility to ensure their return.

We reserve the right to refuse any tank left out for exchange if it does not meet our acceptance criteria. Reasons for refusal may include excessive rust, extreme dirtiness, outdated valves, or any other condition that deems the tank unsuitable for exchange. If the refused tank is the only tank available for exchange, you will receive a refund with a $10 fee deducted.

Restocking Fee for Missing or Unacceptable Tanks:

If you place an order for two or more tanks but not all of them are viable for exchange, or if a certain number of tanks were not left out for exchange, a 10% restocking fee will be applied to the missing or unacceptable tanks.

Wrong Delivery Option and Order Cancellation:

If the wrong delivery option is selected, and the driver cannot determine which tank(s) are intended for exchange, the order may be canceled. In such cases, the canceled order will be subject to a 10% restocking fee or a $10 fee if no tank can be exchanged.

Liabilities and Accidents:

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.

Links to Third-Party Sites/Third-Party Services

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.

No Unlawful or Prohibited Use/Intellectual Property

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.

Children Under Thirteen

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.

Disclaimer of Liability

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.

Termination/Access Restriction

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.

Changes to Terms

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.

Contact Us

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