Introduction
By browsing www.fasttracstores.com you accept and agree to abide by the Terms of Use described below. The following rules and guidelines have been created to protect you and to ensure that Fast Trac website is safe for all. By agreeing to these terms, you are taking responsibility for your actions. If you do not agree to the terms of use, please do not access or use this site. Copyright ©: 2018 Fast Trac, all other rights reserved.
Information and software may be changed at any time without any type of notice. The information and on this site are “as is” and without warranty of any kind. Fast Trac/Xpress Fuel Mart, Inc. disclaims all warranties with regard to the information and/or software, including all implied warranties of merchantability and fitness for any particular purpose. In no event shall Fast Trac be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on Fast Trac’s website. Some U.S. states and foreign countries provide more rights in addition to the ones above, or do not allow limitation or exclusion of all implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. The above terms can only be amended in writing, must be signed by Fast Trac’s authorized representatives, and shall be governed by the laws of the state of Ohio.
Links to Third Party Sites
The links to third parties within this website will allow you to leave Fast Trac’s site. The sites that are linked to Fast Trac’s site are not under the control of Fast Trac, and Fast Trac is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. Fast Trac provides these links only as a convenience to you, the user of the website; and the inclusion of any link does not imply the endorsement of it by Fast Trac. Any rights not expressly granted by Fast Trac herein are expressly reserved.
Fast Trac Website Terms of Use
Acceptance of Terms of Use www.Fasttracstores.com: The access to Fast Trac’s site is provided free of charge to you by Fast Trac under the following Terms of Use. Although portions of Fast Trac’s site may be viewed simply by visiting the site, in order to receive additional services from Fast Trac you may need to sign on as a guest user or register as a member of Fast Trac’s site. If you sign on to Fast Trac’s site as a guest or if you register as a member of Fast Trac’s site, these Terms of Use will govern your use of the Fast Trac site, including access to message boards and other features.
BY SIGNING ON TO FAST TRAC’S SITE AS A GUEST AND/OR BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Use govern your use of FAST TRAC’s site and all services provided in connection with the FAST TRAC site. FAST TRAC shall not be liable to you for any breach of these Terms of Use. In addition, FAST TRAC does not bear any fiduciary responsibility to any user of this website. If you do not agree to these Terms of Use, please do not register for or enter FAST TRAC’s site. The Terms of use for your continued use of FAST TRAC’s site will be posted on the FAST TRAC site. Please check this area before using the site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, arrange to terminate your registration with the FAST TRAC site immediately (i) by notifying FAST TRAC of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of FAST TRAC’s site. Your continued use of FAST TRAC’S site shall be interpreted as and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.
From time to time FAST TRAC may supplement these Terms of Use with additional Terms pertaining to specific content or events (“Additional Terms”), which these Additional Terms may be placed on FAST TRAC’s site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
Registration Information/Privacy Policy & Collection of Personal Information
When you engage in certain activities on the Fast Trac site, filling out forms, downloading software, or entering Comments and complaints, Fast Trac may ask you to furnish certain information in regard to yourself, by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Fast Trac may require you to provide certain personal information, such as your name, mailing address, e-mail address, and other personal identifying information.
Fast Trac collects information in order to record and support your participation in the activities you select. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act.
If you would like your name deactivated from any of Fast Trac’s lists, or if you would like to unsubscribe from Fast Trac’s e-mail bulletins, please use the contact information below to request that Fast Trac deactivate you from its lists. Be sure to include your name, postal address, telephone number, information contained in your Fast Trac mailer, and/or other necessary information needed for deactivation.
Fast Trac will make and use reasonable efforts to honor your requests in a timely manner, but we appreciate your patience in allowing us a reasonable amount of time for processing.
Use of Cookies
When you visit www.Fast tracstores.com, you can surf the site anonymously and access important information without revealing your identity. In order to evaluate and improve our site, we may use “cookies” to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.)
While Fast Trac uses cookies to track your visit to www.fasttracstores.com, and our web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Fast Trac with personal information.
Please note, Fast Trac is not responsible for the content or privacy practices of non-Fast Trac web sites that www.fasttracstores.com may link.
Fast Trac Contact Information
Attn: Fast Trac – Web Site Privacy
1057 Trumbull Ave., Ste A
Girard, Ohio 44420
Telephone: (330) 759-1025
Modifications of these Terms of Use
Fast Trac may modify these “Terms of Use” from time to time at its sole discretion. Each time you log on to Fast Trac’s site, you will be deemed to have accepted any and all such changes, unless you arrange to terminate your registration with Fast Trac’s site immediately (i) by notifying Fast Trac of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Fast Trac’s site.
Modifications of the Fast Trac Site
Fast Trac may modify or discontinue Fast Trac’s site with or without notice to you and without liability to you or to any third party.
Content of Messages
You also agree not to use Fast Trac’s site to send or post on message boards or any place on Fast Trac’s site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Fast Trac reserves the right to delete any such material from Fast Trac’s site. Fast Trac will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 5. You agree not to post or use Fast Trac’s site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Fast Trac permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to Fast Trac’s site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any rights. The burden of determining that rights do not protect any information, software, images or any other content on Fast Trac’s site rests with you. You acknowledge that Fast Trac may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
Third Party Services
Special routing icons may be included within Fast Trac’s site, the activation of this will allow you to access and learn more about Fast Trac and other services provided by Fast Trac or its affiliates, whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF FAST TRAC’S SITE IS AT YOUR SOLE RISK. FAST TRAC’S SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FAST TRAC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FAST TRAC MAKES NO WARRANTY THAT FAST TRAC’S SITE WILL MEET YOUR REQUIREMENTS, OR THAT FAST TRAC’S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FAST TRAC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FAST TRAC’S SITE. FAST TRAC WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF FAST TRAC’S SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FAST TRAC’S SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT FAST TRAC DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH FAST TRAC’S SITE. FAST TRAC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER FAST TRAC NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN FAST TRAC’S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. FAST TRAC ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
FAST TRAC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN FAST TRAC’S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAST TRAC OR THROUGH FAST TRAC’S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FAST TRAC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH FAST TRAC’S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH FAST TRAC’S SITE.
FAST TRAC IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE FAST TRAC’S SITE. AS A CONVENIENCE TO FAST TRAC’S USERS, FAST TRAC MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND FAST TRAC’S CONTROL. FAST TRAC MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH FAST TRAC MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST FAST TRAC WITH RESPECT TO SUCH SITES.
Limitation of Liability
FAST TRAC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE FAST TRAC’S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH FAST TRAC’S SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF FAST TRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Promotional Messages
FAST TRAC may occasionally from time to time, send e-mail messages to you containing advertisements, promotions, etc. Fast Trac makes no representation or warranty with respect to the content of any such e-mail messages or services that may be obtained from Fast Trac, and you agree that Fast Trac shall not have any liability with respect thereto.
Indemnification
You agree to indemnify and hold each officer and/or employee of Fast Trac, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Fast Trac’s site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflicts of law’s provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Ohio State and U.S. Federal courts sitting in the County of Mahoning or, the Ohio State and U.S. Federal courts having within their jurisdiction the location of Fast Trac’s principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
Remedies for Breach of These Terms by You
In the event that Fast Trac determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Fast Trac’s site, Fast Trac reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to Fast Trac’s site, (iii) delete all content provided by you to Fast Trac’s site, (iv) discontinue your registration with Fast Trac’s site and/or any other Fast Trac community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Fast Trac deems to be appropriate.
Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Fast Trac may assign its rights and obligations under these Terms of Use and upon such assignment Fast Trac may be relieved of any further obligation hereunder.
You represent to Fast Trac that you have the authority to register with Fast Trac’s site according to these Terms of Use.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on Fast Trac’s site by Fast Trac) constitute the entire understanding between the parties as to the subject matter herein and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Fast Trac, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.