TERMS AND CONDITIONS OF USE
Effective Date: June 1, 2026
Please read these Terms and Conditions (“Terms”) carefully before using:
the Everest Fuel website located at everest-fuel.com (the “Site’);
the Everest Fuel mobile application available through the Apple App Store (the “Apple App”); and
the Everest Fuel mobile application available through Google Play (the “Google App”)
The Apple App and Google App are collectively and interchangeably referred to in these terms as the “App,” and the Site and App are collectively and interchangeably the “Platform.”
These Terms govern your access to and use of the Platform and any services, content, functionality, communications, software, applications, fuel ordering systems, account services, or related technologies provided by Everest Fuel Management LLC and its affiliates (“Everest Fuel”). By accessing, downloading, installing, registering for, or using the Platform, you agree to be legally bound by these Terms. If you do not agree to these Terms, you may not use the Platform.
1. ELIGIBILITY AND ACCOUNT REGISTRATION
To use certain features of the Platform, you may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, restricting access to your devices and login information, and all activity occurring under your account. You agree to notify Everest Fuel immediately of any unauthorized use of your account or security breach. Everest Fuel reserves the right to suspend or terminate accounts at its discretion.
2. ACCEPTABLE AND PROHIBITED USES OF THE PLATFORM
The Platform is intended to facilitate lawful aviation fuel procurement, logistics coordination, account management, operational communications, customer support, and related business activities involving Everest Fuel products and services.
Subject to these Terms, users may use the Platform for legitimate business and operational purposes, including:
Requesting or managing fuel orders;
Accessing pricing, availability, or operational information;
Coordinating fueling logistics and scheduling;
Managing customer or fleet accounts;
Communicating with Everest Fuel representatives;
Reviewing invoices, transaction history, or account information;
Accessing airport, FBO, or service-related information;
Utilizing authorized App features and notifications.
You agree not to use the Platform to:
Violate any applicable law, regulation, or third-party right;
Submit false, misleading, or fraudulent information;
Interfere with the operation, security, or integrity of the Platform;
Attempt unauthorized access to systems, servers, accounts, or networks;
Circumvent authentication or security measures;
Upload malicious code, malware, spyware, or harmful content;
Use automated systems, bots, scraping tools, or data extraction technologies without written authorization from Everest Fuel;
Reverse engineer, copy, reproduce, modify, or create derivative works from the Platform;
Use the Platform for competitive analysis or development of competing products or services;
Harass, abuse, threaten, or disrupt Everest Fuel personnel, contractors, partners, or users;
Use the Platform in any manner that could damage Everest Fuel’s reputation, systems, operations, or commercial relationships.
Everest Fuel reserves the right to investigate suspected violations and suspend or terminate access to the Platform at its sole discretion.
3. TERMINATION OF ACCESS
Everest Fuel may suspend or terminate your access to the Platform, App, or any associated account at any time and without prior notice if:
You violate these Terms or the terms of any other agreement between you and Everest Fuel;
Your use presents security or operational risks, as determined by Everest Fuel in its sole discretion;
Required by law or regulatory obligations;
Our commercial relationship with you terminates.
Upon termination or suspension of access, all licenses granted under these Terms immediately terminate.
4. MOBILE APPLICATION LICENSE
Subject to your compliance with these Terms in all respects, Everest Fuel grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Everest Fuel mobile application on compatible devices that you own or control solely for lawful business and personal use. All rights not expressly granted are reserved by Everest Fuel.
5. APP STORE TERMS
Apple App Store
If you download the App through Apple’s App Store, you acknowledge and agree that these Terms are between you and Everest Fuel, not Apple Inc., Apple is not responsible for the App or its content, Apple has no obligation to provide maintenance or support services, and that Apple is a third-party beneficiary of these Terms and may enforce them against you. Your use of the App must comply with all applicable Apple App Store terms and policies.
Google Play
If you download the App through Google Play, you acknowledge that your use of the App must comply with applicable Google Play terms, policies, and requirements. Google is not responsible for support, maintenance, or claims relating to the App.
6. LOCATION SERVICES
Certain App features may utilize GPS, location services, mapping tools, or geolocation technologies to facilitate fuel ordering, airport/FBO identification, logistics coordination, or operational services. By using such features, you consent to the collection and use of location information in accordance with the Everest Fuel Privacy Policy. You may disable location permissions through your device settings; however, some Platform functionality may become unavailable. The Everest Fuel App may use location services even when the App is not open.
7. ELECTRONIC COMMUNICATIONS
By using the Platform, you consent to receive electronic communications from Everest Fuel, including:
Account notifications;
Service announcements;
Operational updates;
Transaction confirmations;
Customer support messages;
Push notifications;
SMS or email communications where authorized.
You may manage communication preferences within your account settings where available.
8. DISCLAIMERS
EVEREST FUEL DOES NOT PROMISE THAT THE PLATFORM OR ANY CONTENT, SERVICE OR FEATURE OF THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. THE PLATFORM AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. EVEREST FUEL DOES NOT WARRANT THAT THE PLATFORM WILL FUNCTION ON ALL DEVICES, THAT THE PLATFORM WILL BE ERROR-FREE OR SECURE; THAT LOCATION DATA WILL BE ACCURATE; THAT FUEL AVAILABILITY OR PRICING DISPLAYED IN THE PLATFORM WILL ALWAYS BE CURRENT; OR THAT APP STORE DISTRIBUTION OF THE APP WILL REMAIN AVAILABLE. ALL INFORMATION PROVIDED ON THE PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. EVEREST FUEL CANNOT AND DOES NOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EVEREST FUEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVEREST FUEL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM AND/OR ANY EVEREST FUEL SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EVEREST FUEL FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM, AND THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND EVEREST FUEL.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Everest Fuel reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason; (2) modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; and (3) interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You are solely responsible for obtaining compatible devices, maintaining internet connectivity, paying mobile carrier charges, messaging fees, or data usage fees, and ensuring your operating system supports the App. Everest Fuel is not responsible for hardware failures, carrier interruptions, or incompatibility issues.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEREST FUEL SHALL NOT BE LIABLE FOR ANY indirect, consequential, exemplary, incidental or punitive damages, including lost profits, DAMAGES ARISING FROM PLATFORM INSTALLATION OR USE; DEVICE MALFUNCTIONS; SERVICE INTERRUPTIONS; DATA LOSS; LOCATION SERVICE FAILURES; APP STORE AVAILABILITY ISSUES; OR MOBILE NETWORK INTERRUPTIONS. YOU FURTHER AGREE THAT EVEREST FUEL WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES ARISING AS A RESULT OF EVEREST FUEL’S TERMINATION OF YOUR ACCESS TO THE PLATFORM IN CONNECTION WITH ANY VIOLATION OF THESE TERMS. THIS LIMITATION APPLIES EVEN IF EVEREST FUEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the other provisions of these Terms Everest Fuel is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Platform, Everest Fuel’s liability will in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you
11. INDEMNITY
You agree to indemnify and hold Everest Fuel, its officers, members, managers, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against or incurred by them due to or arising out of or in connection with your use of the Platform.
If Everest Fuel does take any legal action against you as a result of your violation of these Terms, Everest Fuel will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Everest Fuel.
12. PRIVACY
Your use of the Platform is also governed by the Everest Fuel Privacy Policy, which is available at Privacy Policy and incorporated into these Terms by reference. Additionally, by using the Platform, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
13. Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Platform, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cuyahoga County, Ohio, and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Everest Fuel and you arising out of or in connection with your use of the Platform, the parties must attempt, promptly and in good faith, to resolve any such dispute for a period of at least 30 days.
14. CHANGES TO THESE TERMS
Everest Fuel reserves the right to modify these Terms at any time by posting updated Terms on the Platform. Your continued use of the Platform after changes become effective constitutes your acceptance of the revised Terms.
15. MISCELLANEOUS
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms will remain in full force and effect. These Terms constitute the entire agreement between you and Everest Fuel with regard to your use of the Platform, and any and all other written or oral agreements or understandings previously existing between you and Everest Fuel with respect to such use are hereby superseded and cancelled. Everest Fuel will not accept any counter-offers to these Terms, and all such offers are hereby categorically rejected. Everest Fuel’s failure to insist on or enforce strict performance of these Terms will not be construed as a waiver of any provision or any right it has to enforce these Terms, nor will any course of conduct between Everest Fuel and you or any other party be deemed to modify any provision of these Terms. Except as explicitly set forth herein, these Terms will not be interpreted or construed to confer any rights or remedies on any third parties.
16. CONTACT INFORMATION
Everest Fuel Management LLC
Website: Everest Fuel
Google Play App: Everest Fuel on Google Play
Apple App Store: Everest Fuel on the App Store
Contact:
Everest Fuel Management, LLC
4130 E. 5th Ave., Suite 1
Columbus, Ohio 43219
888-309-2214
Mark Frangiosa
sales@everest-fuel.com