By accessing or using the website located at propane.partners (the "Website") or by placing an order through our SMS-based system, you agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree, do not use the Website or Services.
The Services are provided by Atlas Delivery Software, Inc., a Delaware C corporation, doing business as Propane Partners ("Company," "we," "us," or "our").
Corporate Address: 584 Castro St. #3154 San Francisco, CA 94114
No Personal Liability. To the maximum extent permitted by law, no officer, director, employee, contractor, agent, or shareholder of the Company will have personal liability for any obligations, damages, or claims arising under these Terms or relating to the Services. All obligations are strictly corporate obligations of Atlas Delivery Software, Inc.
Propane Partners provides delivery of propane tanks to residential and commercial customers (the "Services"). Orders may be initiated via phone number submission on the Website and completed through SMS communication. We may refuse service for any lawful reason at our sole discretion.
Propane is a flammable compressed gas and presents inherent risks, including fire, explosion, serious injury, and death. By ordering or receiving propane tanks, you acknowledge and agree:
To the maximum extent permitted by law, the Company disclaims liability for installation errors, improper storage, misuse, code violations, or negligence of third parties occurring after delivery.
If you are ordering for a business or commercial site, you further represent and warrant that:
Business interruption, lost profits, and other consequential damages are expressly excluded as set forth below.
By checking an SMS consent box on our Website, by submitting your phone number through the Website, or by initiating a conversation via SMS with the Company, you provide your prior express consent to receive SMS text messages from the Company at the telephone number you provide. Messages may include order confirmations, delivery updates, account notifications, customer support responses, and other service-related communications. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase.
You may opt out at any time by replying STOP to any message. Reply HELP for assistance. After a STOP request, we may send one additional confirmation message and then cease further SMS messages unless you opt in again.
You represent that you are the authorized subscriber or customary user of the number provided (or otherwise have authority to consent), and you agree to promptly notify us if your number changes. You agree to indemnify the Company against claims arising from reassigned numbers or unauthorized use of a phone number you provided.
We do not guarantee message delivery or receipt. SMS depends on carrier networks and third-party providers. We are not liable for delayed or undelivered messages.
We may maintain records of SMS consent, including date/time, phone number, and (for web-based consent) IP address and the version of consent language presented, for compliance and dispute purposes.
Marketing Messages Require Separate Opt-In. If you choose to opt in to receive promotional or marketing text messages from the Company (for example, discounts, promotions, or special offers), you provide your prior express written consent to receive marketing SMS messages at the number provided.
If we provide a marketing opt-in checkbox on the Website, it will be separate from (and not bundled with) transactional SMS consent.
We respect applicable federal and state "Do Not Call" rules. Transactional or service-related SMS messages that are necessary to provide the Services may be sent based on your consent and your interactions with the Service.
If you do not want to receive marketing calls or marketing texts, do not opt in to marketing messages (if offered), and/or opt out at any time by replying STOP. You may also contact us at the email address below to be placed on our internal do-not-contact list for marketing communications.
Note: Do-not-call/do-not-contact preferences may not apply to purely transactional messages necessary to fulfill orders, provide customer support, or deliver required notices, unless you revoke SMS consent as described above.
The Website and Services are provided on an "AS IS" and "AS AVAILABLE" basis to the maximum extent permitted by law. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, shareholders, and agents from and against any claims, damages, liabilities, losses, and expenses (including attorneys' fees) arising out of or related to: (a) your use or misuse of propane tanks after delivery; (b) your violation of law; (c) your breach of these Terms; or (d) your negligence or willful misconduct.
We are not liable for delays or failures due to events beyond our reasonable control, including weather, supply chain disruptions, government actions, labor disputes, fuel shortages, and acts of God.
Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration shall take place in San Francisco County, California, unless the parties agree otherwise. You and the Company each waive the right to a trial by jury.
Class Action Waiver. All disputes must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any class proceeding.
TCPA Claims. Any claim under the Telephone Consumer Protection Act (47 U.S.C. ยง 227) or similar state law is subject to this arbitration provision and class action waiver.
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except that California consumer protection laws may apply where required for California residents or transactions.
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between you and the Company regarding the Website and Services.
Atlas Delivery Software, Inc. (DBA Propane Partners)
584 Castro St. #3154 San Francisco, CA 94114
Email: [Insert Email]