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READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions ("T&Cs") apply to
your purchase of goods and services offered by Firefly Propane,
LLC (“Firefly”) (the “Product”). By
accepting delivery of any Product, you accept and are bound
to these T&Cs. THESE T&Cs SHALL APPLY UNLESS YOU HAVE
A SEPARATE PURCHASE AGREEMENT WITH FIREFLY, IN WHICH CASE
THE SEPARATE AGREEMENT SHALL GOVERN.
1. “Guaranteed … you’ll never run out”
Program. All participants in the Hassle Free and Barbeque
Master service plans are automatically enrolled in the “Guaranteed
… you’ll never run out” program (the “Program”).
If you are a participant in the Program and run out of propane
gas in two (2) barbeque tanks previously purchased from Firefly
before Firefly delivers one (1) re-filled barbeque tank, you
will receive one (1) free barbeque tank exchange. You are
not eligible to receive a free barbeque tank exchange unless
you notify Firefly no later than three (3) days after you
run out of propane gas in the first barbeque tank and connect
the second barbeque tank. Once you have notified Firefly,
the re-fiilled barbeque tank will be promptly delivered to
2. Refund Policy. If, for any reason, your account was improperly
charged, please contact Firefly at 1-888-3THE-FLY. Any applicable
adjustments shall be refunded within five (5) business days
upon receipt of request.
3. Referral Program. To the extent that Firefly offers a credit
for helping your friends and neighbors enjoy the benefits
of being a Firefly customer, you will receive your credit
after your referral receives their first barbeque tank delivery.
Or other service from Firefly Propane.
4. Payment Terms; Orders. Terms of payment are within Firefly's
sole discretion, and unless otherwise agreed to by Firefly,
payment must be received by Firefly prior to Firefly's acceptance
of an order. Payment for any Product shall be made by cash,
credit card or some other prearranged payment method. If you
will pay by credit card, a credit card authorization form
must be completed prior to acceptance of an order. Firefly
may invoice parts of an order separately. Firefly is not responsible
for pricing, typographical, or other errors, in any offer
by Firefly and reserves the right to cancel any orders resulting
from such errors.
5. Taxes. Unless you provide Firefly with a valid and correct
tax exemption certificate applicable to your purchase of a
Product and the Product ship-to location, you are responsible
for sales and other taxes associated with an order.
6. Warranties. FIREFLY SHALL PASS ON ANY MANUFACTURER WARRANTY
(IF ANY) BUT FIREFLY ITSELF MAKES NO WARRANTIES REGARDING
ANY PRODUCT THAT HAS BEEN PURCHASED FROM FIREFLY. ALL STATUTORY,
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, A WARRANTY OF MERCHANTABILITY AND A WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED, WAIVED AND
SPECIFICALLY DENIED BY FIREFLY.
7. Limitation of Liability. FIREFLY DOES NOT ACCEPT LIABILITY
BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, BUT NOT LIMITED
TO, ANY LIABILITY FOR ANY PRODUCT NOT BEING AVAILABLE FOR
USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED
DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, FIREFLY WILL NOT BE LIABLE
FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY THIRD PARTY. FOR ANY LIABILITY RELATED TO
THE PURCHASE OF ANY PRODUCT, FIREFLY IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE
APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THESE T&CS
TO THE CONTRARY, THE REMEDIES SET FORTH IN THESE T&CS
SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
8. GOVERNING LAW. THESE T&CS OR ANY CLAIM, DISPUTE OR
CONTROVERSY BETWEEN YOU AND FIREFLY ARISING FROM OR RELATING
TO THESE T&CS (INCLUDING, BUT NOT LIMITED TO, THE INTERPRETATION
OR VALIDITY HEREOF), THE RELATIONSHIPS THAT RESULT FROM THESE
T&CS, FIREFLY'S ADVERTISING, OR ANY PURCHASE BY YOU OF
ANY PRODUCT SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE
OR CONFLICT OF LAWS PROVISION OR RULE (WHETHER OF THE STATE
OF NEW YORK OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE
APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE
STATE OF NEW YORK. ANY ACTION OR PROCEEDING ASSERTING ANY
CLAIM BY YOU AGAINST FIREFLY OR BY FIREFLY AGAINST YOU MAY
ONLY BE BROUGHT IN THE COURTS OF THE STATE OF NEW YORK, COUNTY
OF WESTCHESTER AND YOU HEREBY IRREVOCABLY COMMIT TO THE JURISDICTION
OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS) IN
ANY SUCH ACTION OR PROCEEDING AND WAIVE ANY OBJECTION TO VENUE
9. Severability. These T&Cs are intended to be severable.
If, for any reason, any provision of these T&Cs are found
to be invalid or unenforceable, in whole or in part, in any
jurisdiction, it is agreed that the balance of these T&Cs
shall continue in full legal force and effect, to the extent
10. Headings. The section headings used herein are for convenience
of reference only and do not form a part of these T&Cs,
and no construction or inference shall be derived there from.
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