Please read Our Terms and Conditions of Use (“Terms”) and Privacy Policy carefully because they affect Your legal rights, including an agreement to resolve any disputes that may arise between Us by arbitration on an individual basis instead of by class actions or jury trials.
1 Introduction
Thanks for choosing to use Blue Rhino’s web-based platform to request a delivery of propane or to report your current inventory level. As used herein, the terms “Blue Rhino”, “We”, “Us”, or “Our”) refer to Ferrellgas, L.P., doing business as “Blue Rhino.” As used herein, the terms, “You” and “Your” refer to the sole proprietor or business entity that participates in Blue Rhino’s cylinder exchange program and maintains an account with Us.
By signing up or otherwise Using the Blue Rhino web-based platform, its websites, and/or software applications (together, the “Blue Rhino Web Service” or “Service”), or accessing any content or material that is made available by Blue Rhino through the Service, You are entering into a binding contract with Ferrellgas, L.P., d/b/a “Blue Rhino,” the terms and conditions of which are set forth below.
Your agreement with Us includes these Terms and Conditions of Use (“Terms”), together with the terms and conditions set forth in any Cylinder Exchange Agreement (“CEA”) now or hereinafter agreed to between You and Us. These Terms, together with the terms and conditions set forth in Your CEA, are referred to together as the “Agreements.” If You have lost or misplaced Your CEA and wish to review its terms and conditions, please contact Your Blue Rhino account manager and request a replacement copy, or call 1-800-BLU.RINO (1.800.258.7466) to request it.
You acknowledge that You have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If You do not agree with (or cannot comply with) the Agreements, then You may not Use the Blue Rhino Service.
Please read the Agreements carefully. They cover important information about the terms and conditions that govern Our business relationship with You. The Agreements include information about future changes to the Agreements, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
In order to use the Blue Rhino Service and request deliveries online, You need to (1) be 18 or older, (2) have an active account with Blue Rhino or be an authorized User of that account; and (3) the account must be in good standing. You also promise that any account related information that You submit to Blue Rhino is true, accurate, and complete, and You agree to keep it that way at all times.
2 Changes to the Agreements
Occasionally, We may, in Our discretion, make changes to the Agreements. When We make material changes to the Agreements, We will provide You with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending You an email. In some cases, We will notify You in advance, and Your continued Use of the Service after the changes have been made will constitute Your acceptance of the changes. Please therefore make sure You read any such notice carefully. If You do not wish to continue Using the Service under the new version of the Agreements, then You must stop using the Service and contact Us by telephone or in writing indicating You no longer wish to Use the Service. YOU AGREE THAT IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO STOP USING THE BLUE RHINO WEB SERVICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING YOUR RECEIPT OF NOTICE OF THE CHANGE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3 Using the Blue Rhino Service.
Your password protects Your User account, and You are solely responsible for keeping Your password confidential and secure. You understand that You are responsible for all use of Your username and password on the Service. If Your username or password is lost or stolen, or if You believe there has been unauthorized access to Your account by third parties, please notify Us immediately and change Your password as soon as possible.
4 Rights We grant You
The Blue Rhino Service and the Content are the property of Blue Rhino or Blue Rhino's licensors. We grant You a limited, non-exclusive, revocable license to make Use of the Blue Rhino Service in accord with the Terms and Conditions. This License shall remain in effect until and unless terminated by You or Blue Rhino. You promise and agree that You are using the Service for Your own business use and that You will not share Your Username, password with non-authorized persons or allow unauthorized persons to Use the Service to schedule deliveries on Your account.
The Blue Rhino software applications are licensed, not sold, to You, and Blue Rhino and its licensors retain ownership of all copies of the Blue Rhino software applications even after installation on Your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Blue Rhino trademarks, service marks, trade names, logos, domain names, and any other features of the Blue Rhino brand (“Blue Rhino Brand Features”) are the sole property of Blue Rhino or its licensors. The Agreements do not grant You any rights to Use any Blue Rhino Brand Features whether for commercial or non-commercial use.
You agree not to Use the Blue Rhino Service, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to You in these Agreements, Blue Rhino grants no right, title, or interest to You in the Blue Rhino Service.
5 Third Party Applications
The Blue Rhino Service may be integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to You. These Third Party Applications may have their own terms and conditions of use and privacy policies and Your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies.
6 Rights You grant Us
In consideration for the rights granted to You under the Agreements, You grant Us the right (1) to allow the Blue Rhino Service to use the processor, bandwidth, and storage hardware on Your device in order to facilitate the operation of the Service, and (2) to provide advertising and other information to You.
If You provide feedback, ideas or suggestions to Blue Rhino in connection with the Blue Rhino Service (“Feedback”), You acknowledge that the Feedback is not confidential and You authorize Blue Rhino to Use that Feedback without restriction and without payment to You.
7 Service limitations and modifications
Blue Rhino will make reasonable efforts to keep the Blue Rhino Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Blue Rhino reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Blue Rhino Service, with or without notice, all without liability to You, except where prohibited by law, for any interruption, modification, or discontinuation of the Blue Rhino Service or any function or feature thereof. You understand, agree, and accept that Blue Rhino has no obligation to maintain, support, upgrade, or update the Service.
8 Customer support
For customer support with account-related and payment-related questions please contact Your assigned account manager or contact Us directly by telephone using Our toll-free customer service number at 1-800-BLU.RINO (1.800.258.7466). We will use reasonable efforts to respond to all inquiries within a reasonable time frame but we make no guarantees or warranties of any kind that any questions will receive a response within any particular time frame and/or that We will be able to satisfactorily answer any such queries.
9 Orders, payments and cancellations
Orders or requests for deliveries placed through the Blue Rhino Service will be processed in the ordinary course of business and You agree that we cannot guarantee that a delivery will be made on a specific date or time unless otherwise agreed to in Your CEA. You also agree that You will make payment to Us for any deliveries made to You. Payment terms shall be net 30 from the date of the invoice unless You have made a different payment arrangement with Us. You understand that all Orders are subject to the credit terms applicable to Your account and deliveries may not be made if You do not have sufficient credit or if Your account is delinquent.
You may cancel an order at any time without payment or penalty provided that the delivery has not already been made to You. If We have already made the delivery by the time You attempt to cancel it, then You agree to pay for the delivery in accordance with Your Agreements with Us. Should you cancel an order after it has already been routed to You, but before the delivery has been made, then we may prohibit you from using the Service in the future to place orders with Us.
10 Term and termination
The Agreements will continue to apply to You until terminated by either You or Blue Rhino in accordance with their terms and conditions. However, You acknowledge and agree that the perpetual license granted by You in relation to Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Blue Rhino may terminate the Agreements or suspend Your access to the Blue Rhino Service at any time, including in the event of Your actual or suspected unauthorized Use of the Blue Rhino Service, or non-compliance with the Agreements. If You or Blue Rhino terminate the Agreements, or if Blue Rhino suspends Your access to the Blue Rhino Service, You agree that Blue Rhino shall have no liability or responsibility to You. You may terminate Your Use of the Blue Rhino Web Service at any time.
Sections 4 through 7, and 9 through 19 of this Agreement, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
11 Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE BLUE RHINO SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE BLUE RHINO SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUE RHINO MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BLUE RHINO DOES NOT WARRANT THAT THE BLUE RHINO SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, BLUE RHINO MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF) THAT MAY BE USED IN CONNECTION WITH THE SERVICE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM BLUE RHINO SHALL CREATE ANY WARRANTY ON BEHALF OF BLUE RHINO IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
12 Limitation and time for filing
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE BLUE RHINO SERVICE IS TO UNINSTALL ANY BLUE RHINO SOFTWARE, IF ANY, AND TO STOP USING THE BLUE RHINO SERVICE. WHILE BLUE RHINO ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS THAT MAY BE USED IN CONNECTION WITH THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO BLUE RHINO, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLUE RHINO, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE BLUE RHINO SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER BLUE RHINO HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE BLUE RHINO SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO BLUE RHINO DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Blue Rhino’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST BLUE RHINO MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION 19 OR FILING AN INDIVIDUAL ACTION UNDER SECTION 18 (IF APPLICABLE) WITHIN ONE (1) YEAR AFTER THE DATE YOU FIRST KNOW OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
13 Third party rights
You acknowledge and agree that the owners of any third-party applications that may be used in connection with the Service and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against You. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except You and Blue Rhino, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If You have downloaded the App from the Apple, Inc. (“Apple”) App Store or if You are Using the App on an iOS device, You acknowledge that You have read, understood, and agree to the following notice regarding Apple. This Agreement is between You and Blue Rhino only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then You may notify Apple and Apple will refund any applicable purchase price for the App to You; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or Use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or Your possession and Use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties.
14 Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between You and Blue Rhino, the Agreements constitute all the terms and conditions agreed upon between You and Blue Rhino and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of Your business relationship with Blue Rhino may be governed by additional agreements, such as a Cylinder Exchange Agreement (“CEA”). To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
15 Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Blue Rhino or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Blue Rhino’s or the applicable third party beneficiary’s right to do so.
16 Assignment
Blue Rhino may assign the Agreements or any part of them, and Blue Rhino may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license Your rights under the Agreements, to any third party.
17 Indemnification
To the fullest extent permitted by applicable law, You agree to indemnify and hold Blue Rhino harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) Your breach of this Agreement or any CEA between You and Us; (2) any activity in which You engage on or through the Blue Rhino Service; and (3) Your violation of any law or the rights of a third party.
18 Choice of law and venue
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Missouri, without regard to choice or conflicts of law principles.
Further, You and Blue Rhino agree to the jurisdiction of the Circuit Court of Clay County, Missouri to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 19.
19 ARBITRATION AGREEMENT
Except with respect to claims by Blue Rhino for payment of amounts due for propane purchases or equipment rental, removal and/or installation costs (including applicable fees, late payment charges, returned check charges and collection costs), You and Blue Rhino agree that any claim, dispute or controversy, whether in contract, tort (intentional or otherwise), including without limitation product liability, property damage, personal injury claims, or claims based on strict liability, whether pre-existing, present or future, and including constitutional, statutory, common law, regulatory, and equitable claims in any way related to (a) the services or equipment leased or sold to You, (b) the propane ordered, delivered or sold to You under the Agreements, (c) this Agreement, or (d) the safety materials, advertisements or any other materials provided by Blue Rhino in any way relating to the services, equipment, or business dealings of the parties, including the validity, enforceability or scope of this arbitration provision (collectively a “Claim”) shall be resolved, upon the election of either party by binding arbitration administered by and under the applicable rules either the American Arbitration Association, JAMS/Endispute or the National Arbitration Forum in effect at the time the Claim is filed.The number of arbitrators shall be three, including at least one attorney with at least ten (10) years of experience.The place of arbitration shall be Overland Park, KS.Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.NO CLASS ACTIONS OR JOINDER OR CONSOLIDATION OF CLAIMS WITH OTHER PERSONS SHALL BE PERMITTED IN THE ARBITRATION WITHOUT THE CONSENT OF BOTH BLUE RHINO AND CUSTOMER.
20 Contact Us
If You have any questions concerning the Blue Rhino Service or the Agreements, please contact Blue Rhino Customer Service by visiting the About Us section of Our Website.
Thank You for reading Our Terms. We hope You enjoy Blue Rhino’s web-based ordering and inventory platform.
Contracting entity:
Ferrellgas, L.P. d/b/a, Blue Rhino
One Liberty Plaza
Liberty, MO 64068
1 Introduction
Thanks for choosing to use Blue Rhino’s web-based platform to request a delivery of propane or to report your current inventory level. As used herein, the terms “Blue Rhino”, “We”, “Us”, or “Our”) refer to Ferrellgas, L.P., doing business as “Blue Rhino.” As used herein, the terms, “You” and “Your” refer to the sole proprietor or business entity that participates in Blue Rhino’s cylinder exchange program and maintains an account with Us.
By signing up or otherwise Using the Blue Rhino web-based platform, its websites, and/or software applications (together, the “Blue Rhino Web Service” or “Service”), or accessing any content or material that is made available by Blue Rhino through the Service, You are entering into a binding contract with Ferrellgas, L.P., d/b/a “Blue Rhino,” the terms and conditions of which are set forth below.
Your agreement with Us includes these Terms and Conditions of Use (“Terms”), together with the terms and conditions set forth in any Cylinder Exchange Agreement (“CEA”) now or hereinafter agreed to between You and Us. These Terms, together with the terms and conditions set forth in Your CEA, are referred to together as the “Agreements.” If You have lost or misplaced Your CEA and wish to review its terms and conditions, please contact Your Blue Rhino account manager and request a replacement copy, or call 1-800-BLU.RINO (1.800.258.7466) to request it.
You acknowledge that You have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If You do not agree with (or cannot comply with) the Agreements, then You may not Use the Blue Rhino Service.
Please read the Agreements carefully. They cover important information about the terms and conditions that govern Our business relationship with You. The Agreements include information about future changes to the Agreements, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
In order to use the Blue Rhino Service and request deliveries online, You need to (1) be 18 or older, (2) have an active account with Blue Rhino or be an authorized User of that account; and (3) the account must be in good standing. You also promise that any account related information that You submit to Blue Rhino is true, accurate, and complete, and You agree to keep it that way at all times.
2 Changes to the Agreements
Occasionally, We may, in Our discretion, make changes to the Agreements. When We make material changes to the Agreements, We will provide You with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending You an email. In some cases, We will notify You in advance, and Your continued Use of the Service after the changes have been made will constitute Your acceptance of the changes. Please therefore make sure You read any such notice carefully. If You do not wish to continue Using the Service under the new version of the Agreements, then You must stop using the Service and contact Us by telephone or in writing indicating You no longer wish to Use the Service. YOU AGREE THAT IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO STOP USING THE BLUE RHINO WEB SERVICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING YOUR RECEIPT OF NOTICE OF THE CHANGE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3 Using the Blue Rhino Service.
Your password protects Your User account, and You are solely responsible for keeping Your password confidential and secure. You understand that You are responsible for all use of Your username and password on the Service. If Your username or password is lost or stolen, or if You believe there has been unauthorized access to Your account by third parties, please notify Us immediately and change Your password as soon as possible.
4 Rights We grant You
The Blue Rhino Service and the Content are the property of Blue Rhino or Blue Rhino's licensors. We grant You a limited, non-exclusive, revocable license to make Use of the Blue Rhino Service in accord with the Terms and Conditions. This License shall remain in effect until and unless terminated by You or Blue Rhino. You promise and agree that You are using the Service for Your own business use and that You will not share Your Username, password with non-authorized persons or allow unauthorized persons to Use the Service to schedule deliveries on Your account.
The Blue Rhino software applications are licensed, not sold, to You, and Blue Rhino and its licensors retain ownership of all copies of the Blue Rhino software applications even after installation on Your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Blue Rhino trademarks, service marks, trade names, logos, domain names, and any other features of the Blue Rhino brand (“Blue Rhino Brand Features”) are the sole property of Blue Rhino or its licensors. The Agreements do not grant You any rights to Use any Blue Rhino Brand Features whether for commercial or non-commercial use.
You agree not to Use the Blue Rhino Service, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to You in these Agreements, Blue Rhino grants no right, title, or interest to You in the Blue Rhino Service.
5 Third Party Applications
The Blue Rhino Service may be integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to You. These Third Party Applications may have their own terms and conditions of use and privacy policies and Your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies.
6 Rights You grant Us
In consideration for the rights granted to You under the Agreements, You grant Us the right (1) to allow the Blue Rhino Service to use the processor, bandwidth, and storage hardware on Your device in order to facilitate the operation of the Service, and (2) to provide advertising and other information to You.
If You provide feedback, ideas or suggestions to Blue Rhino in connection with the Blue Rhino Service (“Feedback”), You acknowledge that the Feedback is not confidential and You authorize Blue Rhino to Use that Feedback without restriction and without payment to You.
7 Service limitations and modifications
Blue Rhino will make reasonable efforts to keep the Blue Rhino Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Blue Rhino reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Blue Rhino Service, with or without notice, all without liability to You, except where prohibited by law, for any interruption, modification, or discontinuation of the Blue Rhino Service or any function or feature thereof. You understand, agree, and accept that Blue Rhino has no obligation to maintain, support, upgrade, or update the Service.
8 Customer support
For customer support with account-related and payment-related questions please contact Your assigned account manager or contact Us directly by telephone using Our toll-free customer service number at 1-800-BLU.RINO (1.800.258.7466). We will use reasonable efforts to respond to all inquiries within a reasonable time frame but we make no guarantees or warranties of any kind that any questions will receive a response within any particular time frame and/or that We will be able to satisfactorily answer any such queries.
9 Orders, payments and cancellations
Orders or requests for deliveries placed through the Blue Rhino Service will be processed in the ordinary course of business and You agree that we cannot guarantee that a delivery will be made on a specific date or time unless otherwise agreed to in Your CEA. You also agree that You will make payment to Us for any deliveries made to You. Payment terms shall be net 30 from the date of the invoice unless You have made a different payment arrangement with Us. You understand that all Orders are subject to the credit terms applicable to Your account and deliveries may not be made if You do not have sufficient credit or if Your account is delinquent.
You may cancel an order at any time without payment or penalty provided that the delivery has not already been made to You. If We have already made the delivery by the time You attempt to cancel it, then You agree to pay for the delivery in accordance with Your Agreements with Us. Should you cancel an order after it has already been routed to You, but before the delivery has been made, then we may prohibit you from using the Service in the future to place orders with Us.
10 Term and termination
The Agreements will continue to apply to You until terminated by either You or Blue Rhino in accordance with their terms and conditions. However, You acknowledge and agree that the perpetual license granted by You in relation to Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Blue Rhino may terminate the Agreements or suspend Your access to the Blue Rhino Service at any time, including in the event of Your actual or suspected unauthorized Use of the Blue Rhino Service, or non-compliance with the Agreements. If You or Blue Rhino terminate the Agreements, or if Blue Rhino suspends Your access to the Blue Rhino Service, You agree that Blue Rhino shall have no liability or responsibility to You. You may terminate Your Use of the Blue Rhino Web Service at any time.
Sections 4 through 7, and 9 through 19 of this Agreement, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
11 Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE BLUE RHINO SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE BLUE RHINO SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUE RHINO MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BLUE RHINO DOES NOT WARRANT THAT THE BLUE RHINO SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, BLUE RHINO MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF) THAT MAY BE USED IN CONNECTION WITH THE SERVICE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM BLUE RHINO SHALL CREATE ANY WARRANTY ON BEHALF OF BLUE RHINO IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
12 Limitation and time for filing
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE BLUE RHINO SERVICE IS TO UNINSTALL ANY BLUE RHINO SOFTWARE, IF ANY, AND TO STOP USING THE BLUE RHINO SERVICE. WHILE BLUE RHINO ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS THAT MAY BE USED IN CONNECTION WITH THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO BLUE RHINO, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLUE RHINO, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE BLUE RHINO SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER BLUE RHINO HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE BLUE RHINO SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO BLUE RHINO DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Blue Rhino’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST BLUE RHINO MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION 19 OR FILING AN INDIVIDUAL ACTION UNDER SECTION 18 (IF APPLICABLE) WITHIN ONE (1) YEAR AFTER THE DATE YOU FIRST KNOW OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
13 Third party rights
You acknowledge and agree that the owners of any third-party applications that may be used in connection with the Service and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against You. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except You and Blue Rhino, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If You have downloaded the App from the Apple, Inc. (“Apple”) App Store or if You are Using the App on an iOS device, You acknowledge that You have read, understood, and agree to the following notice regarding Apple. This Agreement is between You and Blue Rhino only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then You may notify Apple and Apple will refund any applicable purchase price for the App to You; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or Use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or Your possession and Use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties.
14 Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between You and Blue Rhino, the Agreements constitute all the terms and conditions agreed upon between You and Blue Rhino and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of Your business relationship with Blue Rhino may be governed by additional agreements, such as a Cylinder Exchange Agreement (“CEA”). To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
15 Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Blue Rhino or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Blue Rhino’s or the applicable third party beneficiary’s right to do so.
16 Assignment
Blue Rhino may assign the Agreements or any part of them, and Blue Rhino may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license Your rights under the Agreements, to any third party.
17 Indemnification
To the fullest extent permitted by applicable law, You agree to indemnify and hold Blue Rhino harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) Your breach of this Agreement or any CEA between You and Us; (2) any activity in which You engage on or through the Blue Rhino Service; and (3) Your violation of any law or the rights of a third party.
18 Choice of law and venue
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Missouri, without regard to choice or conflicts of law principles.
Further, You and Blue Rhino agree to the jurisdiction of the Circuit Court of Clay County, Missouri to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 19.
19 ARBITRATION AGREEMENT
Except with respect to claims by Blue Rhino for payment of amounts due for propane purchases or equipment rental, removal and/or installation costs (including applicable fees, late payment charges, returned check charges and collection costs), You and Blue Rhino agree that any claim, dispute or controversy, whether in contract, tort (intentional or otherwise), including without limitation product liability, property damage, personal injury claims, or claims based on strict liability, whether pre-existing, present or future, and including constitutional, statutory, common law, regulatory, and equitable claims in any way related to (a) the services or equipment leased or sold to You, (b) the propane ordered, delivered or sold to You under the Agreements, (c) this Agreement, or (d) the safety materials, advertisements or any other materials provided by Blue Rhino in any way relating to the services, equipment, or business dealings of the parties, including the validity, enforceability or scope of this arbitration provision (collectively a “Claim”) shall be resolved, upon the election of either party by binding arbitration administered by and under the applicable rules either the American Arbitration Association, JAMS/Endispute or the National Arbitration Forum in effect at the time the Claim is filed.The number of arbitrators shall be three, including at least one attorney with at least ten (10) years of experience.The place of arbitration shall be Overland Park, KS.Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.NO CLASS ACTIONS OR JOINDER OR CONSOLIDATION OF CLAIMS WITH OTHER PERSONS SHALL BE PERMITTED IN THE ARBITRATION WITHOUT THE CONSENT OF BOTH BLUE RHINO AND CUSTOMER.
20 Contact Us
If You have any questions concerning the Blue Rhino Service or the Agreements, please contact Blue Rhino Customer Service by visiting the About Us section of Our Website.
Thank You for reading Our Terms. We hope You enjoy Blue Rhino’s web-based ordering and inventory platform.
Contracting entity:
Ferrellgas, L.P. d/b/a, Blue Rhino
One Liberty Plaza
Liberty, MO 64068