(updated as of June 7, 2008)

PLEASE READ THESE TERMS OF THE SUBSCRIPTION AND SERVICES AGREEMENT CAREFULLY BECAUSE IT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF OUR SERVICES AND CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.

This Agreement (the "Agreement") governs the Subscription and MYGALLONS Services as defined below. By using the Subscription and MYGALLONS Services, you agree, without limitation or qualification, to be bound by, and to comply with, this Agreement and any other posted guidelines. As used in this Agreement, the terms "we", “us” and "our" shall refer to MYGALLONS.

1. Definitions.

"Content" shall mean any content, including, but not limited to, images, text, graphics, phone numbers, credit card information, MYGALLONS card information, MYGALLONS Card, links, that (a) you (or anyone authorized by you or using your account password) provide to MYGALLONS in connection with the MYGALLONS Services, including all electronic mail addresses, mailing addresses, phone numbers and personal information; (b) is displayed on, through or in connection with the MYGALLONS Services for which you subscribe; (c) that is associated with the name, identification or Pin number you register, renew, transfer or otherwise process through MYGALLONS Network, or (d) is posted by you (or anyone authorized by you or using your account password) on any MYGALLONS Network property or web site, including all information provided including but not limited to, E-mail addresses and phone information.

"E-mail(s)" shall mean any electronic mail message (including any content in such electronic mail message) sent or received by you through the MYGALLONS Network.

"MYGALLONS Services" shall mean the service or services for which you are registering and/or subscribing which shall include without limitation the pre-purchase and redemption by you of fuel on the MYGALLONS Network.

"MYGALLONS" shall mean MYGALLONS, LLC, its parent, affiliates and subsidiaries, and any successors and assigns.

"MYGALLONS Network" shall mean all web sites owned, operated or controlled by MYGALLONS or its wholly-owned subsidiaries.

“MYGALLONS Card” shall mean the fuel card provided to you by MYGALLONS after your purchase of a Subscription as stated herein for the use by you of the MYGALLONS Services at participating fuel stations. MYGALLONS Card shall be used for eligible fuel purchases only and shall require that you enter a Pin # for redemption.

"Subscription" shall mean your commitment pursuant to this Agreement to purchase a membership for the MYGALLONS Services for a specified period of time and dollar amount (including an annual membership fee).

“Personal Account” shall mean your personal MYGALLONS Services account on the MYGALLONS Network which contains your personal registration and membership information and provides an accounting of your pre-purchase amounts and balances of the MYGALLONS Services which shall be purchased, maintained and updated by you and contain certain information and notices as provided by MYGALLONS as stated herein. You will be able to monitor your Personal Account and fuel usage via the MYGALLONS Network and track your MYGALLONS Card usage, savings and remaining balance.

“MYGALLONS Price” shall mean the quoted price of fuel provided by MYGALLONS to you for making a pre-purchase of fuel at that time you are logged in to the MYGALLONS Network (keep in mind the price of fuel frequently changes) which price is based on some of the following factors, among others: (a) the then-current price of 87 octane regular unleaded fuel in your home area; (b) federal, state and local taxes (including, without limitation, taxes on gasoline and sales taxes) in your home area; and (c) your previous fuel pre-purchasing and redemption patterns.

2. MYGALLONS Services.

2.1 Subject to the terms and conditions of this Agreement, MYGALLONS will provide the MYGALLONS Services after you have purchased a Subscription by paying your first non-refundable annual membership fee on the terms and conditions provided herein and stated on the MYGALLONS Network. After you have purchased a Subscription, you will receive a MYGALLONS Card from MYGALLONS, which you will need to select a Pin # and activate on the MYGALLONS Network. Once your MYGALLONS Card has been activated on the MYGALLONS Network and you have provided log in information as required by MYGALLONS you will be able to pre-purchase fuel and redeem the MYGALLONS Services as stated herein and on the MYGALLONS Network. A description of the available Subscription options, MYGALLONS Services packages and pricing, as such packages and pricing may exist and change from time to time, is set forth in the MYGALLONS Network (the "Product Descriptions").

2.2 You acknowledge that, in order to use the MYGALLONS Services, you may need to comply with certain technical requirements and provide personal and confidential information. These requirements, if any, will be set forth in the Product Descriptions. You acknowledge that, in connection with your use of the MYGALLONS Services, you shall comply with all applicable laws and regulations. You also agree to provide a current and working mobile phone number, E-mail address and mailing address and acknowledge that it is your responsibility to keep current such E-mail address and mailing address on your Personal Account page in order to receive any notices or new information regarding the MYGALLONS Services. You must have a valid MasterCard, Visa or Discovery credit card to participate in the MYGALLONS Services. Debit cards are permitted.

2.3 MYGALLONS reserves the right to limit, modify or discontinue the MYGALLONS Services at any time. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT MYGALLONS MAY CHANGE, AMEND AND RESCIND THE FEATURES, PRICING AND TECHNICAL REQUIREMENTS OF THE SUBSCRIPTION, THE MYGALLONS SERVICES OR ANY MYGALLONS SERVICES PACKAGE AT ANY TIME BY POSTING NOTICE ON THE MYGALLONS Network. If you are dissatisfied with any modification to the MYGALLONS Services, your sole remedy will be to terminate the MYGALLONS Services in the manner described in this Agreement.

2.4 Special Terms Relating to MYGALLONS Services-General.

2.4.1 Services Provided by MYGALLONS. In connection with the MYGALLONS Services, MYGALLONS will: (a) assist you in the registration and renewal of the Subscription; (b) assist you in the purchase of the MYGALLONS Services; (c) provide answers to commonly asked questions you might have regarding the MYGALLONS Services and provide answers to questions submitted to MYGALLONS via the MYGALLONS Network; (d) provide information by sending E-mail to the E-mail address that you registered and have kept current with MYGALLONS or via text messaging to your mobile phone number; and (d) provide information regarding and pricing adjustments to your Personal Account on your Personal Account page on the MYGALLONS Network.

2.4.2 MYGALLONS will be the billing contact and, in its discretion, the technical contact for the MYGALLONS Services. If you choose a person other than yourself as a contact for the MYGALLONS Services, (i) that person will be bound by the Terms Of Use (as later defined) and Privacy Statement in addition to yourself, (ii) that person will be bound by this Agreement in addition to yourself, and (iii) you represent and warrant that you have the authority to bind that person to this Agreement, Privacy Statement and the Terms of Use.

2.5 Special Terms Relating to MYGALLONS Services.

2.5.1 When you purchase the Subscription you agree to pay an annual non-refundable membership fee and shipping and handling fees. You agree that upon purchase of a Subscription that a MYGALLONS Card will be sent to the mailing address you provide. It may take up to 6 weeks for you to receive the MYGALLONS Card. You will not be able to activate the MYGALLONS Services until you receive the MYGALLONS Card and provide the necessary information, including, without limitation, credit card and/or checking account information on MYGALLONS Network. You agree that MYGALLONS reserves the right to charge you to replace any MYGALLONS Card that has been lost or destroyed, or if you require additional MYGALLONS Cards. If you have not received the MYGALLONS Card in 6 weeks, please contact MYGALLONS via the MYGALLONS Network.

2.5.2 When you pre-purchase any of the MYGALLONS Services there may be up to a 72-hour delay for your funds to clear and become available for redemption. You acknowledge and agree that any attempted redemptions during the 72-hour period after you have made a pre-purchase of the MYGALLONS Services may be rejected by MYGALLONS or create an overdraft on your account for which you will be charged an overdraft fee in accordance with this Agreement. When you redeem the MYGALLONS Services at the pump there is a delay before the data comes through the network to our systems and may take up to 72-hours before becoming available to you for viewing on the MYGALLONS Network . It is your obligation to check your Personal Account page and purchase/redemption receipts before making any redemption to ensure you have MYGALLONS Services available for redemption.

2.5.3 MYGALLONS maintains the right to make and will make price adjustments to your Personal Account any time you redeem the MYGALLONS Services for a price at the pump that is at least 10 cents per gallon higher or lower than your MYGALLONS Price at the time of the redemption (not at the time you pre-purchased the fuel). For example if your available MYGALLONS Price at the time you make a redemption is $3.50 per gallon you will receive an adjustment credit to your Personal Account if the price you redeem for at the pump is $3.40 per gallon (or less) or an adjustment debit against your Personal Account if the price you redeem for at the pump is $3.60 per gallon (or more) at the time of redemption.

2.5.4 MYGALLONS maintains the right to make and will make price adjustments to your Personal Account any time you redeem MYGALLONS Services for mid-grade fuel, premium fuel, diesel fuel, marine/jet fuel or any type of fuel other than self-serve 87 octane regular unleaded fuel. If you purchase a higher grade of gas (i.e. Mid-Grade or Premium) you will be charged $.15 per gallon for mid-grade fuel (88 or 89 octane) or $.30 per gallon for premium fuel (90 to 93 octane).

2.5.5 MYGALLONS will make price adjustments to your Personal Account to the extent there is any change in applicable federal, state or local taxes in your home area.

2.5.6 Price adjustments made by MYGALLONS as described herein will generally be effected by increasing or decreasing, as applicable, the remaining balance, in gallons of fuel, in your Personal Account. However, MYGALLONS reserves the right to make such adjustment by charging your credit card or checking account for the value of the adjustment in dollars. All such price adjustments will be reflected on your Personal Account page on the MYGALLONS Network. You should have up to, but no more than 90 days from the date of any such adjustment, to dispute any adjustments made by MYGALLONS to your Personal Account via the MYGALLONS Network, time being strictly of the essence.

2.5.7 MYGALLONS Services will only work at participating service fuel stations. Only fuel purchases in the United Stated are eligible.

2.5.8 Your Subscription and MYGALLONS Services may be used only by you and members of your household who are registered users and agree to the Terms of Use, Privacy Statement and to the terms and conditions this Agreement. Use of the MYGALLONS Services by any other person(s) or misuse of the MYGALLONS Services may result in immediate termination of this Agreement by MYGALLONS and forfeiture of any balance remaining in your personal Subscription account in the sole discretion of MYGALLONS.

2.5.9 MYGALLONS in its sole discretion reserves the right to limit the amount of the MYGALLONS Services you purchase at any one time or which may be held at any time in your Personal Account. MYGALLONS in it sole discretion may limit your maximum fuel charge per day and your ability to redeem the MYGALLONS Services within a certain time frame from the date of your pre-purchase, the date of expiration of your Subscription membership or any other date.

2.6.0 MYGALLONS will provide you with a money back guarantee on the first annual membership fee you paid for your Subscription only if you do not redeem the MYGALLONS Services for more than your actual pre-purchase price on at least one redemption during the initial term of your Subscription as specified on the MYGALLONS Network. MYGALLONS reserves the right to terminate this guarantee offer at any time for any future Subscribers of the MYGALLONS Service.

3. General Payment Terms

3.1 You agree to pay for the MYGALLONS Services on time and in full.

3.2 You agree that the credit card information or checking account information you provide is valid, unexpired and corresponds to an account that you are authorized to use. You authorize MYGALLONS to charge your account that you provided to MYGALLONS in order to collect payment for the Subscription and MYGALLONS Services and for any fees as described herein or on the MYGALLONS Network, including, without limitation, fuel pre-purchase amounts, price adjustments, overdraft fees, processing fees, transaction fees, MYGALLONS Card replacement fees, additional Fuel Card fees, credit card being cancelled, over the limit or dishonored fees and shipping and handling fees. Foreign credit cards are not accepted. MYGALLONS reserves the right to charge you a transaction fee (each transaction) for the use of your credit card when purchasing the MYGALLONS Services. You agree and acknowledge that you are responsible for any and all charges and fees from your cell phone provider(s) for the use by you of any text messaging services which may become available and that you so elect to utilize in connection with the MYGALLONS Services.

3.3 You are responsible for payment of all taxes and duties relating to the MYGALLONS Services you have purchased, including, without limitation, all sales, use, transfer, privilege, and excise taxes and duties, whether national, international, state, or local, however designated. If you buy or sell or subscribe to any products or services through the MYGALLONS Network or in connection with the MYGALLONS Services, you shall be responsible for all taxes and duties associated with the purchase or sale of, or subscription to, such products or services, whether such taxes or duties be national, international, state, or local, however designated and you shall be subject to and responsible to pay any increases to taxes.

3.4 If any payment is overdue or unaccepted for insufficient funds, you will cease to have the privileges reserved for paying users of the MYGALLONS Services for which you have registered and subscribed (although you will continue to be bound by your obligations under this Agreement), including, without limitation, the right to use your MYGALLONS Card for further redemptions. You agree that your MYGALLONS Card will not function for future fuel redemptions until you have replenished and paid for the MYGALLONS Services. In this case, MYGALLONS reserves the right to terminate this Agreement immediately and charge you fees as described herein or on the MYGALLONS Network.

4. Proprietary Rights.

You acknowledge and agree that certain content available through the MYGALLONS Network or in connection with the MYGALLONS Services, including, but not limited to, trademarks and service marks owned by MYGALLONS and its licensors and service providers, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be used in any manner other than as specified in this Agreement and in MYGALLONS Terms of Use. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the MYGALLONS Network or in connection with the MYGALLONS Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by MYGALLONS or any of MYGALLONS's licensors, or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the MYGALLONS Services or any software or program in connection with the MYGALLONS Services, or to export, directly or indirectly, the MYGALLONS Services or any software or program in connection therewith, to any person or entity, including, without limitation, any person or entity outside the United States in violation of applicable U.S. export laws.

5. Term and Renewal of Subscription, MYGALLONS Price, Overdraft Fees and Auto-Refill.

5.1 The Term of this Agreement shall be for one year from the date of your paid Subscription or receipt of your MYGALLONS Card (whichever is later), unless this Agreement is terminated earlier pursuant to the terms and conditions of this Agreement. The Term of this Agreement shall be automatically renewed for additional one-year period(s) unless you opt out of your Subscription on your Personal Account page no later than 10 days prior to the expiration of your then-current Term. The annual membership fee for any additional Term of your Subscription is non-refundable and is subject to change in MYGALLONS’ sole discretion and notice of such change will be provided to you by MYGALLONS within a reasonable time prior to the expiration of your then-current Term. Upon the renewal of the initial Term and any subsequent Term, you agree to pay such annual membership fee and agree that MYGALLONS may charge the credit card or debit the checking account provided by you in order to effectuate such payment. If the credit card or checking account information you provided is expired or is no longer valid for any reason, we will attempt to contact you at the E-mail address you have provided. If you do not make payment of the next annual membership fee within seven (7) days of the expiration of the then-current Term, MYGALLONS reserves the right to terminate this Agreement in accordance with Section 6.4 below.

5.2 After you have received your MYGALLONS Card and activated your MYGALLONS Services on MYGALLONS Network you will have the option of pre-purchasing fuel to add to your Personal Account at your then-current MYGALLONS Price. You agree and understand that the MYGALLONS Card and the MYGALLONS Services are not transferable.

5.3 Overdraft and Automatic Pay Replenishment. Your Personal Account shall reflect the balance of the MYGALLONS Services you have available for redemption. Unless you enroll in the Automatic Refill Program or purchase additional MYGALLONS Services, upon you exceeding your balance paid on your pre-purchase of the MYGALLONS Service, you agree that MYGALLONS will charge your credit card, debit card, or debit your checking account for the actual cost at the pump of any fuel purchased by you which exceeds your available balance and MYGALLONS will also charge your credit card or debit your checking account for an overdraft fee. At the time you register for MYGALLONS Services you may elect that MYGALLONS automatically refill your Personal Account (the “Automatic Refill Program”). While you are a participant in the Automatic Refill Program, you will not be subject to any overdraft fees. If you elect the Automatic Refill Program, MYGALLONS will automatically pre-purchase and charge your account that you provided to MYGALLONS in order to collect payment for the gallon amounts you have elected on your Personal Account page at your then-current MYGALLONS Price when your available gallons for redemption balance drops below 15 gallons. Although participation in the Automatic Refill Program will eliminate overdraft fees, you should still consider buying more fuel when prices drop and not just waiting for the MYGALLONS system to automatically purchase more fuel. If the credit card or checking account we have on file has expired or is otherwise invalid for any reason, your participation in the Automatic Refill Program shall immediately cease and terminate and you will no longer be entitled to the benefits of such participation. In such a case, your MYGALLONS Services will not be automatically replenished, and if you exceed your available balance, you will be liable to us for the actual cost at the pump of any fuel purchased which exceeds your available balance and any overdraft fees as stated herein. Should you wish to change either your billing information or the status of your participation in the Automatic Refill Program, you must do so on your Personal Account page on MYGALLONS Network. If you elect to terminate the Automatic Refill Program on the MYGALLONS Network such termination may take up to 90 days to take effect.

6. Termination of Services.

6.1 We may terminate the MYGALLONS Services and this Agreement at any time under the following circumstances: (i) if you fail to make any payment when due, including, without limitation, if the credit card or checking account information provided has expired or is invalid for any reason, or if the credit card provided is rejected for payment or the checking account provided has insufficient funds to make any payment; (ii) if you violate this Agreement, the Terms of Use, or any rules or guidelines posted on the MYGALLONS Network or associated with the MYGALLONS Services for which you are registering; (iii) if MYGALLONS determines in its sole discretion you or your agent(s) have violated this Agreement, any law, regulation or the rights of any third party; or (iv) for any other reason by MYGALLONS in its sole discretion.

6.2 You may terminate the MYGALLONS Services and this Agreement at any time through your Personal Account page (or its successor).

6.3 Except as specified elsewhere in this Agreement, in the event of any termination of the MYGALLONS Services and this Agreement pursuant to Section 6, you will receive a credit for the number of unused pre-purchased gallons remaining in your Personal Account. The per gallon price of this credit will equal the lower of (i) your average cost per gallon of the remaining gallons in your MYGALLONS account (determined by MYGALLONS using a first in, first out calculation, in which the first gallons you purchased are sold, used or redeemed first); or (ii) your MYGALLONS price at the time the MYGALLONS Services are terminated, less any set-off amount pursuant to the next sentence. The credit may be used by MYGALLONS to set-off any amounts owed to MYGALLONS for price adjustments, overdraft fees, processing fees, transaction fees, MYGALLONS Card replacement fees, shipping and handling fees or any other reason. You may use the credit to purchase additional MYGALLONS Services designated by MYGALLONS from time to time. Set-up fees, annual membership fees, overdraft fees, transaction fees credit card dishonored fees and other one-time fees will not be included in calculating the amount of any credit you may receive pursuant to this paragraph.

6.4 In the event your Subscription becomes inactive due to your non-use of the MYGALLONS Services for one year or failure to pay for any renewal of the Subscription for any reason (including, without limitation, if your credit card account or checking account is expired or invalid), this Agreement shall terminate and MYGALLONS shall send to your attention at the mailing address you provided to us an amount equal to the lower of (i) your average cost per gallon of the remaining gallons in your MYGALLONS account (determined by MYGALLONS using a first in, first out calculation, in which the first gallons your purchased are sold, used or redeemed of first); and (ii) your MYGALLONS price at the time the MYGALLONS Services are terminated, less any set-off amounts pursuant to the next sentence. Any amount payable to you pursuant to this paragraph may be used by MYGALLONS to set-off any amounts owed to MYGALLONS for price adjustments, overdraft fees, processing fees, transaction fees, MYGALLONS Card replacement fees, shipping and handling fees or any other reason. If any amounts sent to you pursuant to this paragraph are not redeemed by you within one year of the date MYGALLONS sent them to your attention, then you agree and acknowledge that such amounts shall become the sole property of MYGALLONS and you, and anyone claiming through you, relinquish any and all rights to such amounts.

6.5 All provisions of this Agreement, which, by their nature, impose continuing obligations, shall survive termination of this Agreement.

7. Representations and Warranties.

You make the following representations and warranties:

7.1 That you are 18 years old or the majority equivalent in the place where you reside to become a Subscriber. If you are at least 13 years old, but under the age of 18 (or under the age of adulthood in the place of your residence) you are deemed to be a “Minor.” As a Minor, you may only use the MYGALLONS Services if you have a parent or legal guardian (a “parent”) consent, and your parent must agree to the Terms of Use and this Agreement for themselves and on your behalf. If you are a parent registering or subscribing on behalf of a Minor, then you are agreeing to be fully responsible for the Minor and to comply with and enforce compliance with this Agreement and the Terms of Use. If you are a parent and do not agree with this Agreement or the Terms of Use, do not allow or condone your Minor to use any of the MYGALLONS Services. If you are a Minor, if you use any of MYGALLONS Services, you are certifying to us you have your parent’s consent and agree to be bound by and comply with this Agreement and Terms of Use.

7.2 That the information you provide to MYGALLONS when registering for the MYGALLONS Services is true, complete, and accurate and that you will immediately update such information (including, without limitation, any credit card or checking account information) should it become out of date.

7.3 That, in connection with the MYGALLONS Services, you will comply with all applicable laws and regulations.

7.4 That your use of the MYGALLONS Services will not violate any contractual commitment of yours.

7.5 That you are a natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions.

7.6 That your use of the MYGALLONS Services will not be for any commercial use and that you will not resell the MYGALLONS Services and use it in any fashion for commercial gain.

8. Privacy.

You agree that you have reviewed the MYGALLONS Privacy Statement (located at the URL http://www.MYGALLONS.com/privacy/) and agree to its terms. Notwithstanding the foregoing, you acknowledge that information you provide in connection with MYGALLONS Services will be in accordance with this Agreement and the Terms of Use.

9. Changes.

MYGALLONS reserves the right to modify, rescind, amend or limit the MYGALLONS Services from time to time, for any reason, and without notice, including the right to discontinue or terminate any or all of the MYGALLONS Services. MYGALLONS reserves the right to modify, rescind or amend this Agreement from time to time, without notice. Any modifications to the MYGALLONS Services or this Agreement shall become effective immediately upon posting such changes to the MYGALLONS Network. Please review the Agreement as posted on the MYGALLONS Network periodically so you will be apprised of any changes.

10. Disclaimer of Warranties.

THE MYGALLONS SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES ARE HEREBY DISCLAIMED. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED IN CONNECTION WITH THE MYGALLONS SERVICES ARE INTENDED TO EXPRESS OR IMPLY ANY WARRANTY OF ANY NATURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MYGALLONS DISCLAIMS ALL EXPRESS, IMPLIED, AND/OR STATUTORY WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MYGALLONS SERVICES, AS WELL AS ANY WARRANTIES THAT THE MYGALLONS SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. MYGALLONS SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF THE MYGALLONS NETWORK, OR PROVIDE THE MYGALLONS SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

11. Limitation of Liability.

MYGALLONS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MYGALLONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL MYGALLONS BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE RELEVANT MYGALLONS SERVICES THAT IS THE SUBJECT OF COMPLAINT OR ANY TERMINATION. THESE LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MYGALLONS SERVICES, FROM RELIANCE ON THE MYGALLONS SERVICES, FROM INABILITY TO USE THE MYGALLONS SERVICES, FROM LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF THE MYGALLONS NETWORK, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MYGALLONS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. MYGALLONS SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU OR ANYONE CLAIMING THROUGH YOU, UNDER ANY CIRMCUMSTANCES OR LEGAL THEORIES FOR PROBLEMS ARISING OR CAUSED DIRECTLY OR INDIRECTLY BY OR FROM THIRD PARTIES, SUCH AS BUT LIMITED TO, GASOLINE FUEL STATIONS, PAYMENT NETWORKS OR ANY OTHER THIRD PARTY PROVIDER, WHICH WOULD LIMIT, DIMINISH, DELAY OR ALTER THE MYGALLONS SERVICES TO YOU OR CAUSE YOU ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES.

12. Indemnity and Release.

You agree to indemnify and defend MYGALLONS and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from: (a) the Subscription, (b) your use or misuse of the MYGALLONS Services, (c) any alleged violation of this Agreement, the MYGALLONS Network, the Terms Of Use, any rules or guidelines posted on the web pages associated with the MYGALLONS Services for which you are registering, or the rights of others or any law or regulation; or (d) from any person's use of any account or password you maintain with any portion of the MYGALLONS Network, regardless of whether such use is authorized by you.

13. Governing Law and Forum for Disputes.

All legal issues arising from or related to the use or misuse of the MYGALLONS Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Florida applicable to contracts entered into and wholly to be performed within said state and you hereby consent to personal jurisdiction and venue in any state or federal court in Florida in connection with any controversy or claim arising or relating to this Agreement or your use or misuse of the MYGALLONS Services. Any dispute by you with respect to the MYGALLONS Services as provided by MYGALLONS by shall be submitted to binding arbitration. The same shall be settled by arbitration in the State of Florida, before three disinterested arbitrators in accordance with the procedural rules of the American Arbitration Association. Such arbitrators shall be appointed as follows: The party desiring arbitration shall appoint an arbitrator by written notice to the second party. Within fifteen (15) days of receipt by the second party of such notice, the second party shall appoint an arbitrator by written notice to the first party. Should the second party not appoint an arbitrator, the matter shall be arbitrated by the arbitrator appointed by the first party, and the cost of such arbitrator shall be shared equally by you and MYGALLONS. Should the second party appoint an arbitrator, the two (2) appointed arbitrators shall appoint a third arbitrator within thirty (30) days of the appointment of the second arbitrator. If the two (2) arbitrators cannot agree upon a third arbitrator within said time, the third arbitrator shall be appointed by the presiding judge of the highest level state trial court located in the State of Florida. The three (3) arbitrators so appointed shall forthwith proceed to arbitrate the dispute. The decision of the arbitrators shall be final, conclusive and binding on the parties, but the powers of the arbitrators are hereby expressly limited to the determination of factual issues, and the arbitrators shall have no power to reform, supplement or modify this Agreement. The arbitrators shall make only required findings of fact incident to an arbitrable dispute, which findings shall be set forth in reasonable detail in a written decision by the arbitrators. You and MYGALLONS shall each bear the cost of the arbitrator appointed by it, and share equally in the cost the third arbitrator and of any other costs and expenses of such arbitration, and each shall separately pay its own attorneys’ fees and expenses.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MYGALLONS WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using MYGALLONS Services you consent to these restrictions.

Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and MYGALLONS, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Miami-Dade County, Florida. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

14. Force Majeure.

In the event that MYGALLONS is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, hurricanes, tornados, floods, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss or fluctuations in heat, light, or air conditioning (“Force Majeure”), then MYGALLONS performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence. MYGALLONS will make price adjustments to your MYGALLONS Services to the extent there is any change to the price of gasoline resulting from a Force Majeure event or casualty applicable to your location area or which would affect your MYGALLONS Price.

15. No Resale, Assignment, or Sublicensing.

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under this Agreement without the prior express written authorization of MYGALLONS.

16. Limitation of Actions.

YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OR MISUSE OF THE MYGALLONS SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR WILL FOREVER BE BARRED.

17. Relationship of Parties.

MYGALLONS and its users are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to this Agreement has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.

18. Non-Waiver and Separability.

MYGALLONS failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court or arbitrator of competent jurisdiction holds that any provision of this Agreement is invalid, the parties nevertheless agree that the court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions in this Agreement remain in full force and effect.

19. Successors and Assigns.

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

20. Entire Agreement.

This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter contained in these terms and conditions and merges all prior discussions between them, and neither of the parties shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided herein.

21. Legal Notices.

All legal notices or communications pursuant to this Agreement shall be deemed delivered upon receipt by the party to whom such communication is directed, at the following addresses: (a) if to MYGALLONS, such notices shall be addressed to MYGALLONS, LLC., 1221 Brickell Avenue, Suite 900, Miami, FL 33131, attention: General Counsel; and (b) if to user, such notices shall be addressed to the electronic mail address provided by user upon registration. It shall be the user's sole obligation to maintain a current electronic mail address in his or her registration information. In the event that the user fails to supply an accurate working electronic mail address or fails to update such information after changing electronic mail addresses, all notices to the user shall be deemed to have been received within one (1) day after transmission or attempted transmission to the address supplied by the user.

22. Risk Disclosure Statement.

THE FUTURE COST OF GASOLINE IS UNCERTAIN AND SUBJECT TO CHANGE. YOU SHOULD NOT EXPECT THE PRICE OF GASOLINE TO INCREASE IN COST. GASOLINE COSTS MAY BE AFFECTED BY SUPPLY, MARKET FACTORS, AND GOVERNMENTAL ACTIONS, AMONG OTHER FACTORS. THE RISK OF LOSS IN PURCHASING THE MYGALLONS SERVICES CAN OCCUR. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH PURCHASE OF THE MYGALLONS SERVICES IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION. YOU SHOULD BE AWARE OF THE FOLLOWING: (1) IF YOU PURCHASE OUR SERVICES AT YOUR MYGALLONS PRICE, YOU MAY SUSTAIN A LOSS AT THE TIME YOU ELECT TO REDEEM, IF THE PRICE OF GASOLINE HAS DECLINED; AND (2) IF WE TERMINATE THE MYGALLONS SERVICES OR THIS AGREEMENT OR IF YOU ELECT TO TERMINATE THIS AGREEMENT OR DO NOT PROVIDE THE REQUIRED FUNDS WITHIN THE PRESCRIBED TIME AS STATED IN THIS AGREEMENT, YOUR PERSONAL ACCOUNT MAY BE LIQUIDATED AT A LOSS, AND YOU WILL BE LIABLE FOR ANY RESULTING DEFICIT IN YOUR ACCOUNT.

23. Assumption of Risk and Release of Claims.

NOW THEREFORE, knowing the risks described above, and in consideration of your participation in the MYGALLONS Services and purchase of gasoline at your MYGALLONS Price, the receipt and sufficiency of which is hereby acknowledged, you hereby, in addition to the releases stated in the above paragraphs, for yourself, your heirs, executors, administrators, and assigned, waive, release, covenant not to sue and forever discharge MYGALLONS and their members, agents, servants and employees of and from any and all manner of action or actions, causes or causes of action, including, but not limited to negligence, suits, debts, accounts, damages, claims and demands of whatsoever in law, or in equity or otherwise, which you may acquire by reason of loss of your money while participating in the MYGALONS Services, arising out of, or connected with, the MYGALLONS Services. Further, you agree to defend, indemnify and hold harmless MYGALLONS from any and all claims, demands, and/or causes of action arising out of your own actions and your election to purchase gasoline at your MYGALLONS Price while participating in the MYGALLONS Services.

YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AGREE TO BE BOUND BY AND FULLY COMPLY WITH ALL THE TERMS AND CONDITIONS DESCRIBED HEREIN.