Dover Fueling Solutions 9/3/2024

f ,rnqail DFS Extranet Terms of Use FUELING SOLUTIONS DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO DFS FOR ACCESS TO THE SITE WITHIN THE TWELVE (12)MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE. (b)THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 17.TERMINATION (a)Term. The term of this TOU commences upon the earliest to occur of (i) when you download the Application; (ii) when you install the Application; (iii) when you otherwise acknowledge your acceptance of this TOU, or (iv) your first use of the Application, and will continue in effect until terminated by you or Company as set forth in this Section 17 ("Term"). (b)Termination by You. You may terminate this TOU by uninstalling and deleting the Application and all copies thereof from your possession, and thereafter, providing notice to DFS. (c)Termination by Company. Company may terminate this TOU at any time upon notice to you, for any reason or no reason. (d)Automatic Termination. If you violate this TOU, all rights granted to you under this TOU shall terminate automatically and immediately, with or without notice to you. (e)Effect of Termination. Upon termination of this TOU for any reason: (i) all rights granted to you under this TOU shall immediately terminate; (ii) you shall immediately cease using the Site; (iii) you shall immediately delete all Content (other than Your Content), which you have downloaded; (iv) DFS, in its sole discretion, may remove and discard Your Content and delete your user account; and (v) any provision that, by its terms, is intended to survive the expiration or termination of this TOU shall survive such expiration or termination. 18.GOVERNING LAW This TOU shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this TOU. 19.BINDING ARBITRATION AND CLASS ACTION WAIVER ALL CLAIMS AND DISPUTES INVOLVING THE PARTIES SHALL BE RESOLVED BY BINDING ARB ITRATION RATHER THAN IN COU RT, EXCEPTTHATYOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS AGREEMENT AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT'S JURISDICT ION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitration shall be conducted by the American Arbitration Association (AAA) under its then applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA's rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA's rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree Page I 6