Effective Date: July 14, 2026 | Version 1.0
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING “ACCEPT,” ACCESSING, OR USING THE PORTAL, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A BUSINESS ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT.
This Customer Portal Terms of Use and End User License Agreement (“Agreement”) is entered into by and between Fuel Masters, LLC, doing business as FM Fuel & Resources (“FM”), and the individual accepting this Agreement and, if applicable, the business entity on whose behalf such individual is acting (“Customer”). The individual accepting this Agreement and the applicable business entity, if any, are collectively referred to herein as “Customer.”
By clicking “Accept,” accessing, or using the Portal, Customer agrees to be bound by this Agreement. Customer represents and warrants that Customer has the legal authority and capacity to enter into this Agreement and, if applicable, to bind the entity associated with the applicable Portal account. Customer agrees that acceptance of this Agreement by electronic means, including by click-through assent, constitutes a valid and enforceable electronic signature and that this Agreement and all notices, disclosures, records, and communications provided electronically satisfy any requirement that they be provided in writing. FM may record and retain evidence of Customer’s acceptance of this Agreement, including the version accepted and the date and time of acceptance, and Customer agrees that such records shall constitute conclusive evidence of Customer’s assent to the applicable version of this Agreement.
(a) Customer acknowledges that access to and use of the Portal is ancillary to the commercial relationship between FM and Customer. This Agreement supplements and is incorporated into any petroleum sales agreement, credit agreement, product sales agreement, ACH authorization, guaranty, or other commercial agreement between FM and Customer, as each may be amended from time to time (collectively, the “PSA”).
(b) Except as expressly provided below, in the event of a conflict between this Agreement and the PSA, the PSA shall control with respect to the underlying purchase and sale of products, pricing, payment obligations, credit terms, invoicing, and related commercial matters. Notwithstanding the foregoing, Customer agrees that any material breach of this Agreement, including any unauthorized access, misuse of the Portal, misuse or disclosure of pricing information, violation of the Portal Use Policy, or interference with Portal operations, shall constitute a default under the PSA and shall entitle FM to exercise any and all rights and remedies available under the PSA, at law, or in equity, including suspension of Portal access, suspension of credit, termination of supply, refusal to honor orders, and acceleration of payment obligations to the extent permitted by the PSA or applicable law.
For purposes of this Agreement, the following terms shall have the meanings set forth in this Section 3:
“Account Administrator” means the person designated by Customer to establish, manage, monitor, and control Customer’s Portal account, including creating, approving, modifying, suspending, and revoking user access and permissions.
“Authorized User” means any employee, contractor, agent, representative, or other individual whom Customer or its Account Administrator authorizes to access or use the Portal under Customer’s account.
“Customer Data” means information submitted, uploaded, transmitted, or otherwise provided to FM through the Portal by or on behalf of Customer, including contact information, user information, and any communications or materials submitted by Customer through the Portal, but excluding Portal Data and Usage Data.
“Portal” means FM’s customer-facing website, internet portal, and related web-based interfaces, tools, content, services, software, and functionality through which approved customers may access invoices, ACH draft notices, account information, pricing, and other related information or services made available by FM.
“Portal Data” means all data, content, information, pricing, invoices, ACH draft notices, transaction history, account information, reports, analyses, displays, software, text, graphics, layouts, compilations, and other materials made available by or through the Portal, other than Customer Data.
“Usage Data” means data, logs, metadata, analytics, device information, access histories, security logs, performance information, and other information generated from or relating to Customer’s or any Authorized User’s access to or use of the Portal.
“FM Parties” means FM and its affiliates, and their respective officers, directors, managers, members, employees, agents, representatives, licensors, service providers, contractors, and vendors.
(a) Subject to the terms and conditions of this Agreement, FM grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Portal solely for Customer’s internal business purposes in connection with Customer’s commercial relationship with FM. The Portal is licensed, not sold. Except for the limited rights expressly granted in this Agreement, FM reserves all rights, title, and interest in and to the Portal and Portal Data.
(b) Customer shall not use the Portal for the benefit of any third party, including any affiliate, subsidiary, parent, customer, vendor, broker, carrier, competitor, or other person or entity, except to the limited extent expressly authorized in writing by FM. Customer shall not permit the Portal to be used by any person who is not an Authorized User.
(a) Each Customer account shall have an Account Administrator. Customer acknowledges and agrees that the Account Administrator is Customer’s authorized agent for all matters relating to access to and use of the Portal, including granting, managing, limiting, and revoking access, assigning permissions, changing privileges, and communicating with FM concerning Portal account administration. FM may conclusively rely upon any instruction, request, authorization, or communication from the Account Administrator regarding Customer’s Portal account without any duty to investigate or verify the same.
(b) Customer is solely responsible for selecting its Account Administrator and for ensuring that the Account Administrator and all Authorized Users are trustworthy, authorized, and appropriate persons to receive access to the Portal and Portal Data. Customer is solely responsible for granting and revoking user access, managing permissions within its organization, ensuring that only authorized individuals have access to the Portal, promptly disabling access for former employees, former contractors, or other persons whose access is no longer authorized, and maintaining appropriate internal controls with respect to all Portal access.
(c) Customer shall maintain the confidentiality and security of all usernames, passwords, multifactor authentication credentials, and other access credentials associated with the Portal. Customer shall promptly notify FM of any actual or suspected unauthorized access, credential compromise, misuse, loss, theft, or other security incident relating to Customer’s Portal account. Customer assumes all risk associated with unauthorized access or use resulting from Customer’s failure to properly manage user access, permissions, or credentials. Customer further agrees that all actions taken under Customer’s account, whether by the Account Administrator, an Authorized User, or any other person using Customer’s credentials or access rights, shall be deemed actions of Customer and shall bind Customer for all purposes.
(d) FM shall have no liability whatsoever for any unauthorized access, unauthorized use, internal misuse, failure to revoke access, credential sharing, or other access-related issue arising from or relating to Customer’s management or failure to manage its users, permissions, or credentials. Customer is solely responsible for any acts or omissions of its Account Administrator and Authorized Users.
(a) Customer acknowledges that the Portal is provided as a convenience tool and not as the sole or exclusive official record of Customer’s commercial relationship or transactions with FM. The Portal may display invoices, ACH draft notices, product pricing, transactional information, and other account information for Customer’s convenience. The Portal may not reflect the most current data at all times and may include delays, transmission issues, formatting issues, omissions, estimates, incomplete information, or clerical, programming, or display errors.
(b) Customer agrees that Portal Data may be preliminary, incomplete, delayed, or subject to correction. Customer shall independently review, verify, and reconcile all Portal Data and shall not rely exclusively on the Portal in making operational, accounting, financial, purchasing, payment, or other business decisions. Customer further acknowledges that official records relating to transactions between FM and Customer may include the PSA, separately transmitted invoices, ACH notices, bills of lading, rack or terminal records, order confirmations, account statements, FM’s books and records, and other documents and records maintained or issued by FM or applicable third parties.
(c) Except to the extent expressly set forth in the PSA or a separate written confirmation issued by FM, any pricing displayed through the Portal is provided for informational purposes only, is confidential, is subject to change without notice, and does not constitute a binding offer, commitment to sell, or guarantee of price or availability. FM reserves the right to correct errors, revoke displayed pricing, and decline to honor any order or transaction based on incorrect, stale, incomplete, or unauthorized Portal information.
(d) FM disclaims all liability for errors, omissions, delays, discrepancies, transmission issues, formatting issues, display issues, stale information, or other inaccuracies in Portal Data and for any losses, liabilities, costs, or damages arising out of or relating to Customer’s or any third party’s reliance on Portal Data.
(a) Customer is solely responsible for all Customer Data submitted, uploaded, transmitted, or otherwise made available by or on behalf of Customer through the Portal. Customer represents and warrants that Customer has all rights, permissions, and authority necessary to provide Customer Data to FM and to permit FM to host, use, transmit, store, process, disclose, and otherwise use such Customer Data as contemplated by this Agreement and the operation of the Portal. Customer further represents and warrants that Customer Data and Customer’s provision and use thereof do not and will not violate any applicable law or infringe, misappropriate, or otherwise violate any third-party right. Customer is solely responsible for the accuracy, completeness, legality, reliability, and appropriateness of Customer Data and for maintaining appropriate backup copies of Customer Data. FM has no obligation to verify Customer Data and shall have no responsibility or liability for any loss, corruption, inaccuracy, deletion, failure to store, or unavailability of Customer Data.
(b) FM may collect, use, store, transmit, analyze, and disclose Usage Data for security, authentication, fraud prevention, compliance, operations, support, maintenance, analytics, system improvement, and other legitimate business purposes. As between FM and Customer, FM owns all right, title, and interest in and to Usage Data, subject to applicable law with respect to any personal information contained therein.
(c) Customer consents to FM’s use of electronic communications, electronic notices, and electronic records in connection with the Portal and this Agreement. Customer is responsible for ensuring that all contact information associated with Customer’s account is accurate and current. FM’s collection and use of personal information in connection with the Portal is described in FM’s Privacy Policy available below on this page.
(a) Customer acknowledges and agrees that the Portal, Portal Data, and all pricing, rate structures, commercial information, software, system design, layouts, organization, non-public features, processes, reports, analyses, and related information made available by or through the Portal are confidential and proprietary to FM and constitute valuable trade secrets and confidential commercial information of FM.
(b) Customer shall protect all such confidential information from unauthorized use, disclosure, reproduction, distribution, or access using at least the degree of care Customer uses to protect its own confidential information of similar importance, but in no event less than a commercially reasonable degree of care. Customer shall use Portal Data solely for Customer’s internal business purposes in connection with Customer’s account with FM and shall not disclose Portal Data to any third party without FM’s prior written consent. Without limiting the foregoing, Customer shall not disclose Portal pricing or other confidential commercial terms to any competitor of FM, to any broker, or to any other person or entity for competitive, benchmarking, procurement, negotiation, or resale purposes.
(c) Customer shall ensure that access to Portal Data is limited strictly to Authorized Users who have a legitimate need to know such information in connection with Customer’s internal business operations and who are bound by confidentiality obligations no less protective than those contained in this Agreement. Customer shall be responsible for any breach of this Section by its Account Administrator, Authorized Users, employees, contractors, or agents.
(a) Customer shall not, and shall not permit any Account Administrator, Authorized User, or third party to, directly or indirectly, do any of the following: use the Portal for any unlawful, fraudulent, tortious, misleading, or unauthorized purpose; copy, reproduce, modify, translate, adapt, distribute, publish, transmit, display, perform, license, sublicense, sell, rent, lease, transfer, or otherwise exploit the Portal or Portal Data except as expressly permitted by this Agreement; systematically download, extract, scrape, harvest, export, capture, mirror, index, data mine, or otherwise collect Portal Data by automated means or otherwise; use bots, crawlers, scripts, macros, robots, or other automated tools to access or interact with the Portal; reverse engineer, decompile, disassemble, or attempt to derive the source code, object code, structure, ideas, algorithms, or know-how underlying the Portal; remove, obscure, or alter any proprietary notices; circumvent or attempt to circumvent authentication measures, access controls, permission settings, or security features; access data not intended for Customer; use the Portal or Portal Data to develop, market, improve, train, or support any product or service that competes with FM or the Portal; use Portal Data for competitive analysis, benchmarking, resale, or other external commercial purposes; or interfere with or disrupt the operation, security, integrity, or performance of the Portal.
(b) Any unauthorized data extraction, export, or use shall constitute a material breach of this Agreement and may also constitute misappropriation of confidential information, unfair competition, and infringement or other violation of FM’s rights. Such conduct may also violate the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Texas Harmful Access by Computer Act (Tex. Penal Code § 33.02; Tex. Civ. Prac. & Rem. Code ch. 143), and the Texas Uniform Trade Secrets Act (Tex. Civ. Prac. & Rem. Code ch. 134A).
(a) Customer shall comply, and shall cause its Account Administrator and Authorized Users to comply, with all applicable laws in connection with access to and use of the Portal. Customer is solely responsible for its internal policies, access controls, procurement controls, information security procedures, accounting procedures, and user management practices relating to the Portal.
(b) Customer shall obtain and maintain, at its own expense, all equipment, internet connectivity, software, hardware, browser versions, telecommunications services, and other systems necessary for access to and use of the Portal.
(a) FM reserves the right, but not the obligation, to monitor access to and use of the Portal for security, authentication, compliance, operations, support, fraud prevention, and business purposes. Customer acknowledges that FM may maintain logs and records relating to Portal access and use and may rely on such records in enforcing this Agreement.
(b) FM reserves the right, upon reasonable notice, to audit Customer’s compliance with this Agreement, including Customer’s management of Authorized Users, protection of Portal Data, internal access controls, and compliance with restrictions on use. Customer shall cooperate with any such audit and shall provide relevant information and records reasonably requested by FM. If an audit reveals unauthorized use, misuse, data extraction, improper disclosure, or other noncompliance, Customer shall promptly cure such noncompliance and reimburse FM for the reasonable costs of the audit, in addition to any other remedies available to FM.
(c) FM may suspend, restrict, disable, or terminate access to the Portal, in whole or in part, immediately and without prior notice if FM reasonably determines that Customer has breached this Agreement, Customer’s account is past due, an ACH draft is returned, Customer’s credit has been suspended or modified, continued access poses a security risk or business risk, Portal access is being used in an unauthorized manner, or suspension is reasonably necessary to protect the Portal, Portal Data, FM’s systems, or FM’s commercial interests. Portal access is a revocable privilege and not a vested right. FM shall have no liability for any suspension, restriction, or termination permitted by this Agreement.
(a) As between FM and Customer, FM owns and shall retain all right, title, and interest in and to the Portal, Portal Data, Usage Data, the design, organization, structure, sequence, look and feel, software, databases, interfaces, tools, processes, reports, analyses, compilations, and all copyrights, trademarks, trade secrets, and other intellectual property rights therein or relating thereto. Except for the limited access rights expressly granted by this Agreement, no license or other rights are granted to Customer by implication, estoppel, or otherwise.
(b) All trademarks, service marks, trade names, logos, and branding displayed through the Portal are the property of FM or its licensors. Customer shall not use any such marks without FM’s prior written consent.
The Portal may depend upon internet services, telecommunications services, hosting services, cloud services, browsers, mobile devices, hardware, software, and other systems or services provided by third parties. FM has no responsibility for the availability, performance, security, reliability, or quality of any such third-party systems or services. Customer acknowledges that internet-based and electronic communications systems have inherent risks of delay, interruption, interception, corruption, or unauthorized access, and Customer assumes such risks to the extent arising from Customer’s access to or use of the Portal.
THE PORTAL AND ALL PORTAL DATA ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FM PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, FM DOES NOT WARRANT THAT THE PORTAL WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE, THAT DEFECTS WILL BE CORRECTED, THAT THE PORTAL WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE OR SOFTWARE, OR THAT PORTAL DATA WILL BE ACCURATE, COMPLETE, CURRENT, OR SUFFICIENT FOR CUSTOMER’S PURPOSES. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH USE OF THE PORTAL AND RELIANCE ON PORTAL DATA.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FM PARTIES SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY, INCLUDING FOR ANY LIABILITY ARISING FROM THE FM PARTIES’ OWN NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, OPPORTUNITY, EXPECTED SAVINGS, OR OTHER ECONOMIC LOSS, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PORTAL, PORTAL DATA, CUSTOMER DATA, OR CUSTOMER’S OR ANY AUTHORIZED USER’S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PORTAL, EVEN IF FM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, FM SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO UNAUTHORIZED ACCESS, INTERNAL MISUSE, CUSTOMER’S FAILURE TO MANAGE USERS OR CREDENTIALS, CREDENTIAL SHARING, FAILURE TO REVOKE ACCESS, DATA ERRORS, DISPLAY ERRORS, TRANSMISSION DELAYS, SYSTEM DOWNTIME, CUSTOMER’S RELIANCE ON PORTAL DATA, OR CUSTOMER’S INTERNAL ACCOUNTING, PROCUREMENT, OR CREDIT DECISIONS.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FM PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PORTAL, OR PORTAL DATA SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL FEES, IF ANY, PAID BY CUSTOMER FOR ACCESS TO THE PORTAL DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION ARE CUMULATIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR WILLFUL MISCONDUCT.
Customer shall defend, indemnify, and hold harmless the FM Parties from and against any and all claims, demands, causes of action, liabilities, damages, losses, fines, penalties, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or relating to Customer’s or any Authorized User’s access to or use of the Portal, Customer’s breach of this Agreement, any unauthorized access resulting from Customer’s account administration or credential management, Customer’s misuse of Portal Data, Customer’s violation of applicable law, Customer Data, or any allegation that Customer Data or Customer’s use thereof infringes, misappropriates, or otherwise violates any right of any third party. Customer’s indemnification obligations apply to claims arising from the FM Parties’ own negligence but do not apply to the extent a claim arises from the gross negligence or willful misconduct of an FM Party.
Customer acknowledges and agrees that any unauthorized use or disclosure of Portal Data, including pricing, rate structures, transactional data, or other confidential commercial information, and any unauthorized data extraction, export, scraping, competitive use, or other breach of the confidentiality or use restrictions in this Agreement, will cause immediate and irreparable harm to FM for which monetary damages would be inadequate. Accordingly, FM shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, and other equitable remedies, in addition to all other rights and remedies available at law or in equity, without the necessity of posting bond or proving actual damages.
(a) This Agreement is effective upon Customer’s acceptance and shall continue until terminated in accordance with this Agreement. Customer may cease using the Portal at any time, but this Agreement shall remain binding as to prior use and as to all provisions that by their nature survive termination.
(b) FM may terminate this Agreement or Customer’s access to the Portal at any time, with or without notice, for any breach of this Agreement or any other reason permitted by this Agreement. Upon termination or suspension, Customer shall immediately cease all access to and use of the Portal. Termination or suspension of this Agreement or Portal access shall not affect Customer’s obligations under the PSA or any rights or remedies that accrued prior to such termination or suspension.
All notices under this Agreement shall be in writing. Notices to Customer may be delivered by email, through the Portal interface, through the account associated with Customer’s Portal access, or by other reasonable means using the contact information associated with Customer’s account, and such notices shall be effective when sent or posted, as applicable. Notices to FM shall be delivered by certified or registered mail, return receipt requested, to Fuel Masters, LLC, 133 Caddo Drive, Abilene, Texas 79602, or to such other address as FM may designate by notice. Customer is responsible for maintaining accurate and current contact information at all times. Customer agrees that FM may communicate electronically with Customer concerning the Portal, this Agreement, Customer’s account, security matters, operational matters, and related commercial matters.
(a) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.
(b) The exclusive venue for any legal action, suit, or proceeding arising out of or relating to this Agreement, the Portal, Portal Data, or the transactions contemplated hereby shall be the state or federal courts located in Taylor County, Texas, and each party expressly waives any objection to such venue and consents to the jurisdiction of such courts.
(c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AND FM EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PORTAL, OR THE TRANSACTIONS CONTEMPLATED HEREBY. Each party acknowledges that it is a sophisticated commercial party, that it has had the opportunity to review this Agreement and to consult legal counsel, and that the foregoing waiver is knowing and voluntary.
(d) In any legal action, suit, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, court costs, and expenses incurred in connection with such action, suit, or proceeding.
(e) CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AND FM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
(f) LIMITATION OF ACTIONS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PORTAL MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, FAILING WHICH IT IS PERMANENTLY BARRED.
Customer may not assign, transfer, delegate, or sublicense this Agreement or any rights or obligations hereunder, whether by operation of law, merger, change of control, sale of assets, or otherwise, without FM’s prior written consent. Any purported assignment, transfer, delegation, or sublicense in violation of this Section shall be null and void. FM may assign this Agreement to any affiliated entity or successor in interest without Customer’s consent. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
FM shall not be liable for any delay, interruption, or failure to perform arising out of or resulting from causes beyond its reasonable control, including acts of God, natural disasters, weather events, floods, fires, explosions, war, terrorism, civil unrest, labor disputes, strikes, embargoes, transportation interruptions, supply chain disruptions, failures of internet or telecommunications providers, utility failures, cyberattacks, malicious code, acts of governmental authorities, or failures of third-party systems or services.
The provisions of this Agreement relating to confidentiality, Portal Data, restrictions on use, audit rights, intellectual property, disclaimers, limitations of liability, indemnification, remedies, notices, governing law, venue, jury waiver, attorneys’ fees, assignment, force majeure, survival, waiver, language, severability, entire agreement, and any other provisions which by their nature should survive, shall survive expiration, termination, suspension, or discontinuance of the Portal or this Agreement.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is asserted. No waiver of any breach or default shall be deemed a waiver of any prior, concurrent, or subsequent breach or default. FM’s failure or delay in exercising any right, remedy, or privilege under this Agreement shall not operate as a waiver thereof.
(a) This Agreement, together with the PSA to the extent referenced herein and the Portal Use Policy incorporated below, constitutes the entire agreement between the parties with respect to the Portal and supersedes all prior or contemporaneous understandings, statements, or communications relating specifically to the Portal, except as otherwise set forth in the PSA. FM may amend or update this Agreement from time to time by posting the revised version through the Portal or otherwise providing notice to Customer. For material changes, FM will provide reasonable advance notice by email or through the Portal and, where it elects, will require Customer to accept the revised Agreement before continued use, and any amendments will apply prospectively only. Customer’s continued access to or use of the Portal after the effective date of any revised Agreement constitutes Customer’s acceptance of such revised terms.
(b) If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be enforced to the maximum extent permitted by law consistent with the parties’ intent.
(c) The relationship of the parties under this Agreement is that of independent contracting parties. Nothing in this Agreement creates any partnership, joint venture, fiduciary relationship, agency relationship, franchise, or employment relationship between the parties. Customer has no authority to bind FM.
Except for the FM Parties with respect to the disclaimer, limitation of liability, and indemnification provisions, this Agreement does not confer any rights or remedies on any person other than the parties.
If Customer or any Authorized User provides FM with suggestions, ideas, or other feedback regarding the Portal, FM may use and exploit such feedback without restriction or obligation, and Customer hereby grants FM a perpetual, irrevocable, worldwide, royalty-free license to do so.
This Portal Use Policy is incorporated into and made part of the Fuel Masters Customer Portal Terms of Use and End User License Agreement.
1. Customer shall ensure that access to the Portal is limited to Authorized Users who have a legitimate need to access the Portal for Customer’s internal business purposes. Customer shall not share credentials with unauthorized persons and shall promptly revoke access for any person who no longer requires access or is no longer affiliated with Customer.
2. Customer shall not permit any competitor of FM, any broker, any unauthorized affiliate, or any other third party to access the Portal without FM’s prior written consent. Customer shall not use the Portal or Portal Data for competitive intelligence, benchmarking, procurement analysis for third parties, resale, or any purpose outside Customer’s internal business operations in connection with its account with FM.
3. Customer shall not attempt to reverse engineer the Portal or any pricing methodology, access data not intended for Customer, bypass security controls, interfere with Portal operations, or use automated tools or manual processes to scrape, export, collect, or harvest Portal Data except to the limited extent, if any, expressly authorized in writing by FM.
4. Customer shall maintain reasonable internal administrative, technical, and physical safeguards to protect Portal Data and credentials from unauthorized access, use, or disclosure and shall periodically review user permissions to ensure that access remains appropriately limited.
5. Any violation of this Portal Use Policy constitutes a material breach of the Agreement and may result in immediate suspension or termination of access, audit by FM, injunctive relief, and any other remedies available to FM at law, in equity, or under the PSA.
Effective Date: July 14, 2026 | Version 1.0
Fuel Masters, LLC, doing business as FM Fuel & Resources (“FM,” “we,” “us,” or “our”), respects your privacy. This Privacy Policy (also referred to as our “Privacy Statement”) explains how we collect, use, share, and protect personal information in connection with our website, www.fmfr.com (the “Site”), the FM Customer Portal, our mobile and digital applications (including the Smart Racks application), and the products and services we provide (collectively, the “Services”). Please read this Policy carefully. By accessing or using the Services, you acknowledge that you have read and understood this Policy.
FM supplies petroleum products, fuel-related services, and energy solutions to commercial, industrial, wholesale, and retail customers. Our Services are directed to businesses and to the individuals who act on their behalf — such as employees, owners, and authorized representatives of our customers, suppliers, and carriers — and are not intended for personal, family, or household use. Some information we handle in this context may fall outside the scope of certain consumer privacy laws, which generally do not apply to information about individuals acting in a commercial or employment context. Where a specific application or service has its own privacy notice (for example, the Smart Racks Mobile App Privacy Notice), that notice supplements this Policy and provides additional detail; if there is a conflict, the application-specific notice controls for that application.
We collect personal information in three main ways: information you provide to us, information we collect automatically, and information we receive from third parties.
Information you provide to us:
Information we collect automatically:
Information we receive from third parties:
We use personal information to:
Our Site uses cookies and similar technologies to operate and secure the Site, remember your preferences, and analyze traffic and usage. We use analytics services, such as Google Analytics, to help us understand how visitors use the Site. You can usually adjust your browser settings to refuse or delete cookies, although some features of the Site may not function properly without them.
Do Not Track. Our Site and applications do not currently respond to “Do Not Track” signals sent by web browsers. We may revisit this practice as industry standards develop.
We do not sell your personal information for money, and we do not sell sensitive personal information. We may share personal information as follows:
We retain personal information for as long as necessary to provide the Services, maintain our business and customer relationships, comply with our legal and tax obligations, resolve disputes, and enforce our agreements. Retention periods vary depending on the type of information and the purpose for which it was collected.
We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, alteration, disclosure, or destruction. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and for promptly notifying us of any suspected unauthorized use of your account.
Marketing. You may opt out of marketing communications at any time by following the unsubscribe instructions in the message or by contacting us using the information below. We may still send you non-promotional messages about your account or transactions.
Account information. You may review and update certain account information through the FM Customer Portal or by contacting us.
Texas residents. If you are a Texas resident acting in an individual or household capacity, the Texas Data Privacy and Security Act may give you the right to: (i) confirm whether we process your personal data and access that data; (ii) correct inaccuracies; (iii) delete your personal data; (iv) obtain a portable copy of the personal data you provided; and (v) opt out of the processing of your personal data for targeted advertising, the sale of personal data, or certain profiling. To exercise these rights, contact us using the information in Section 12. We will respond within the time required by law (generally 45 days, subject to extension). If we decline to act on your request, you may appeal by contacting us at the same address; if your appeal is denied, you may contact the Office of the Texas Attorney General. These rights generally do not apply to information we process about individuals acting in a commercial or employment context.
Other states. Depending on your state of residence, you may have similar rights under applicable law. We will honor the rights to which you are legally entitled; contact us to make a request.
Verification and agents. We may need to verify your identity before acting on a request and may decline requests as permitted by law. You may use an authorized agent to submit a request, subject to verification.
The Services are intended for businesses and adults and are not directed to children. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete it.
The Services may link to or integrate with third-party websites, applications, or services that we do not control. This Policy does not apply to those third parties, and we are not responsible for their privacy practices. We encourage you to review the privacy notices of any third party with which you interact.
We may update this Policy from time to time. When we do, we will revise the “Effective Date” above and post the updated Policy on the Site. We may provide additional notice of material changes as appropriate. Your continued use of the Services after the updated Policy becomes effective constitutes acceptance of the changes.
If you have questions about this Policy or our privacy practices, or wish to exercise a privacy right, contact us at:
FM Fuel & Resources
Attn: Privacy
133 Caddo Drive, Abilene, Texas 79602
Toll Free: 866.455.3835 | Local: 325.676.3835
Email: privacy@fmfr.com