REFUEL REWARDS TERMS OF USE

1. Refuel Rewards™ Program

These Refuel Rewards™ Terms and Conditions are required by Refuel Operating Company, LLC and are applicable to certain programs or offers in which you may elect to participate as part of the Refuel Rewards Program (the “Terms and Conditions”).  These Terms and Conditions govern the terms and conditions on which an individual (“you”) may participate in the Refuel Rewards Program (“Refuel Rewards Program”). The Refuel Rewards Program is owned and operated by Refuel Operating Company, LLC (“Refuel”, “us”, “our”, “we”). 

In connection with the Refuel Rewards Program, Refuel operates the website, www.refuelmarket.com, and a Refuel Rewards mobile application and mobile website (the website, app, and mobile site are collectively referred to as the “Refuel Rewards Site”).

BY ENROLLING IN THE REFUEL REWARDS PROGRAM, USING THE REFUEL REWARDS SITE AND/OR REFUEL’S SERVICES OFFERED THROUGH THE REFUEL REWARDS SITE, PARTICIPATING IN THE REFUEL REWARDS PROGRAM, OR BY CLICKING ON THE “I AGREE TO THE TERMS AND CONDITIONS” ACKNOWLEDGEMENT, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS. IN PARTICULAR, ARTICLE XXVIII OF THESE TERMS AND CONDITIONS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND ARTICLE XV LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

If you do not consent to these Terms and Conditions, please do not access, browse, or use the Refuel Rewards Site, participate in the Refuel Rewards Program, use the services offered through the Refuel Rewards Program or the Refuel Rewards Site or provide information to us.

Please see our Privacy Policy, available at www.refuelmarket.com/refuelrewards/privacy, for information on our use and disclosure of personal information that may be collected by Refuel.  The Privacy Policy provides more information about how Refuel may use your personal information and explains that Refuel may share your personal information with its affiliates, licensors, service provides, vendors, and other third-parties involved in the administration of the Refuel Rewards Program. The Privacy Policy is incorporated herein by reference. We reserve the right to modify our Privacy Policy from time to time.

2. Changes to Terms and Conditions    

We reserve the right to update or make changes to these Terms and Conditions from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of these Terms and Conditions on the Refuel Rewards Site. You can determine when these Terms and Conditions were last revised by referring to the “Last Updated” legend at the top of these Terms and Conditions. Your access to or use of the Refuel Rewards Site following changes to these Terms and Conditions will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to these Terms and Conditions shall not apply to any dispute between you and Refuel arising prior to the date on which Refuel posted the revised version of these Terms and Conditions incorporating such changes or otherwise notified you of such changes.

 

3. Participation in the Refuel Rewards™ Program and Expiration of Rewards

When you enroll in the Refuel Rewards Program as a member (“Member”) you are able to collect cents-per-gallon discounts on fuel as well as points that may be used to purchase qualified merchandise Retail Location(the fuel and merchandise discounts are collectively, the “Rewards”) at participating convenience stores and fuel stations (“Retail Locations”).  Members may collect Rewards by, among other things, purchasing fuel and other qualified products at Retail Locations. To enroll, you must meet the terms for participation established by us to obtain a Refuel Rewards Member identification number and virtual program card (collectively, the “Member ID”).  There is no membership fee to become a Member.  The Refuel Rewards Program is only open to natural persons residing in the United States who are 16 years or older.

 

4. Your Account

Once your Member ID is activated using the Refuel Rewards Site and you have provided us with a valid e-mail address, we will establish an account in your name (“Account”). We may refuse to grant to you, and you may not use, a username (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You agree to provide us with, and keep up-to-date, accurate, truthful and complete account information (including, but not limited to your e-mail address). You may only collect Rewards in one Account. Your Account is non-transferable and may not be sold, combined or otherwise shared with another person, except as provided in this paragraph. If you violate these Terms and Conditions, commit fraud or falsify information in connection with your use of the Refuel Rewards Program or the Refuel Rewards Site, or take any other act which is, in our sole discretion, detrimental to Refuel or the Refuel Rewards Program, we may terminate your Account, and you will forfeit any pending, current, or future Rewards. You may elect to close your Account at any time by notifying Refuel. Upon closure of your Account, any rights to redeem Rewards from that Account are lost.

 

5. Earning Rewards; Expiration of Rewards

You can earn Rewards in the Refuel Rewards Program by purchasing fuel or qualified products at Retail Locations that participate in the Refuel Rewards Program.  Our Refuel Rewards Program entitles you to earn Rewards only from Retail Locations in the United States. Specific offers, terms and conditions and expiration details for how to earn Rewards are described on the Refuel Rewards Site or in material provided in connection with a limited-time promotion or offer. In order to be eligible to earn Rewards, you must identify yourself as a Member by presenting your Member ID when dealing with Retail Locations.

 

Rewards that you accrue as a result of your transactions with Retail Locations will be posted to your Account, and a summary of activity in your Account will be displayed on the Refuel Rewards Site. Rewards will normally be posted to your Account within 24 hours from the date of your purchase from a Retail Location, but may be posted to your Account at a later time depending on the Retail Location or the applicable offer. We do not assume any liability for the failure of Rewards to post to your Account in a timely manner. Points earned as a result of transactions with Retail Locations never expire as long as the Account is in Active Standing. “Member” must make a purchase in any 365 day period to remain active. On the 366^th consecutive date of no transaction, the “Member” account will move to Inactive Standing. Once points have been redeemed for Rewards via the Site, Rewards expire in 30 days.

 

 

You are solely responsible for checking your Account regularly to ensure that your Rewards are properly credited. If you believe that proper credit does not appear on your Account, you should contact us via the Refuel Rewards Site and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether Rewards should have been posted to your Account and to adjust your Account accordingly. You acknowledge that any such determination by us will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT REWARDS HAVE BEEN PROPERLY CREDITED TO YOUR ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW FROM THE REFUEL REWARDS PROGRAM.

 

We will credit your Account with only those Rewards you earn by dealing with Retail Locations in good standing with us and may require Retail Location authorization to do so. We are not responsible if a Retail Location delays or fails to make such an authorization or for any other delay in recording Rewards in your Account.

 

We are not responsible if a Retail Location delays or fails to make adjustments to your Account regarding a disputed Reward or for any other delay in recording Rewards in your Account. We may refuse to record or honor Rewards in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded Rewards if the Retail Location does not pay the amounts owed to us or tells us to cancel the Rewards (for example, because you returned or did not pay for products or services for which the Rewards were issued). Retail Locations will determine the conditions under which they will permit you to earn Rewards and may change those conditions at any time and without notice. Neither we nor any Retail Location is responsible for any offer or Reward which is no longer in effect. Refuel is not responsible for changes to, or discontinuance of, any special offer, promotion, or Refuel Rewards Program Rewards code offered by a Retail Location. Refuel is not responsible for changes to, or discontinuance of, any Retail Location, or for any Retail Location withdrawing from the Refuel Rewards Program, or for any effect on accrual of Rewards, or ability to redeem Rewards, caused by such changes, discontinuance, or withdrawal.

 

If you believe that any Account summary showing the number of Rewards in your Account is in error or have a dispute regarding Rewards, you must notify us at support@rewards.refuelmarket.com within 60 days of the date the purchase was made or it will be deemed correct. You may be required to submit documentation to support your claim.

 

Member IDs and all rights relating to them are and will remain the property of Refuel or the applicable Retail Location. You may not offer for sale, sell, exchange, give, charge or otherwise dispose of any Reward. You are responsible for all taxes payable due to your participation in the Refuel Rewards Program.

 

6. Adjustments

In the case of any failure by you to follow these Terms and Conditions or any other terms or conditions applicable to programs or offers in which you may elect to participate as part the Refuel Rewards Program, or any other fraud, misrepresentation, or abuse related to the Refuel Rewards Program, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding Rewards have been credited, as determined by us in our sole discretion, we and the Retail Locations reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your Rewards earned through the Refuel Rewards Program may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you receive upon redemption of Rewards that are subsequently deducted from your Account. You give Refuel permission to review your Account with Retail Locations in cases where Refuel suspects fraudulent activity.

 

7. Redemption of Rewards

To redeem Rewards, you must present your Member ID when purchasing fuel at Retail Locations. Your Reward will automatically be applied to the transaction either by reducing the per-gallon price of the fuel by the amount of the Rewards you have earned prior to dispensing fuel or by applying the appropriate Reward amount to the total transaction (where this feature is available) after dispensing fuel once your Reward balance is transmitted to the Retail Location. For fuel purchases, fuel savings are limited to twenty-five (25) gallons of fuel per purchase per vehicle or fraud limits placed by the Retail Location and/or limits placed on your payment card by your financial institution, whichever may be lower. Due to the technical capabilities at the pump, there may be a minimum charge per gallon of fuel purchased ranging regardless of redeemable Refuel Rewards savings available. For purchases over 25 gallons or $75, whichever applies first, you may be required to go inside to pay.

 

Once you begin to dispense fuel using a Reward, you must dispense to the gallon limit or you forfeit any remaining Reward balance, except in the case of a carry-over transaction as described below. For example, if you only pump fifteen (15) gallons of fuel, when the gallon limit was twenty (25)  gallons, you would abandon the remaining ten (10) gallons worth of Reward balance.

 

If you have a Reward balance greater than the current per-gallon price of fuel, the price will roll down to the maximum capability of the fuel equipment, and your remaining Reward balance will be forfeited. For example, if you have a $3.00 per gallon Reward, the price of fuel is $2.50 and the fuel equipment has a minimum required price per gallon of 10¢, you could redeem $2.50 and forfeit a 50¢ per gallon Reward (the $3.00 per gallon Reward minus the $2.50 actually redeemed). You would be responsible for paying the minimum required price per gallon of 10¢.

 

If paying using multiple forms of tender (i.e., gift card and credit card or cash, multiple credit cards), please go inside to pay in order to redeem the full value of the Refuel Rewards savings. Not all Participating Sites accept multiple forms of tender for one transaction of fuel.

 

Rewards earned through the Refuel Rewards Program can only be redeemed at gas stations that are participating in the Refuel Rewards Program. Rewards earned through the Refuel Rewards Program cannot be combined with rewards earned through separate loyalty programs.

 

Specific offers, terms and conditions and expiration details relating to how to redeem Rewards for a particular offer or promotion are described at the Refuel Rewards Site or in material provided in connection with a promotion or offer.

 

Any information provided about fuel prices through the Refuel Rewards Site is made available to you on an “AS-IS” basis, without any guarantee or representation by Refuel as to the accuracy of such prices.  Refuel disclaims all warranties of any kind, express or implied, as to the accuracy of the posted fuel prices and such posted prices shall not be deemed an offer to you.  The fuel prices charged to you will always be determined at the time and location of the sale.

 

8. Disclaimers

 

THE REFUEL REWARDS PROGRAM IS VOID WHERE PROHIBITED. NO REWARD MAY BE REDEEMED UNTIL IT HAS BEEN CREDITED TO THE MEMBER’S ACCOUNT. REWARDS HAVE NO CASH, MONETARY OR OTHER VALUE, CANNOT BE CONVERTED INTO ANY CURRENCY OR SOLD, CANNOT BE APPLIED AS CREDIT TO ANY PAYMENT CARD STATEMENT, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS OR OFFERS ESTABLISHED BY US.

 

THE INFORMATION, PRODUCTS AND SERVICES PROVIDED AS PART OF THE REFUEL REWARDS PROGRAM AND ON THE REFUEL REWARDS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. NEITHER REFUEL NOR ANY LICENSOR OR VENDOR WARRANTS THE INFORMATION OR SERVICES PROVIDED AS PART OF THE REFUEL REWARDS PROGRAM OR YOUR USE OF THE REFUEL REWARDS SITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE, AND EACH OF THE FOREGOING PARTIES EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REFUEL WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULT OR COULD RESULT FROM INTERCEPTION BY ANY THIRD PARTY OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE REFUEL REWARDS SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE REFUEL REWARDS SITE IS OBTAINED OR COMPILED FROM SOURCES WE REASONABLY BELIEVE TO BE RELIABLE, NEITHER REFUEL NOR ANY LICENSOR OR VENDOR GUARANTEES THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER REFUEL NOR ANY LICENSOR OR VENDOR SHALL BE LIABLE FOR ANY FAILURE OF THE REFUEL REWARDS PROGRAM OR THE REFUEL REWARDS SITE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF REFUEL.

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS PROVIDED HEREIN MAY NOT APPLY TO YOU.

 

9. Member Obligations

 

You must provide and maintain current, complete and accurate information in connection with your Account. You agree that you will not, and will not permit others to: (i) provide any purposely inaccurate information (including a false e-mail address), or commit fraud or falsify information in connection with your Refuel Rewards Account; (ii) provide any unauthorized third party with access to the Refuel Rewards Program or any information, offers, data, text, photographs, links, images, software, chat, communications, interactive features and other content generated, provided or otherwise made available through the Internet and proprietary to Refuel by any means; (iii) modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the Refuel Rewards Program; (iv) engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Refuel Rewards Program; (v) introduce into the Refuel Rewards Site any code intended to disrupt the Refuel Rewards Program or Refuel Rewards Site, alter or delete its content, access confidential content on the Refuel Rewards Site or interfere with the operation of the Refuel Rewards Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (vi) attempt to access any data not intended for you or attempt to scan or test the security or configuration of the Refuel Rewards Site or to breach security or authentication measures without proper authorization; (vii) post any material in any form whatsoever on the Refuel Rewards Site or within the Refuel Rewards Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; or (viii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Refuel Rewards Program or the Refuel Rewards Site; (ix) use fictitious Refuel Rewards Program Rewards Codes or otherwise fraudulently obtain Rewards, or (x) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Refuel Rewards Program or the Refuel Rewards Site.

 

 

 

10. Ownership and Trademarks

 

Refuel, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications trademarks, trademark registrations, service marks, trademark registration applications, tradenames, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) in the Refuel Rewards Program and on the Refuel Rewards Site. Refuel may enforce all rights to the full extent of the law.

 

You are hereby granted a personal, non-exclusive, non-transferable, limited license to:  (i) use the Refuel Rewards mobile application on your mobile devices for your personal, non-commercial use only; and (ii) view the web-based portions of the Refuel Rewards Site you’re your personal, non-commercial use only.  You may not obscure or remove any copyright or other notices on the materials you access.  Without the prior written consent of Refuel, you are strictly prohibited from, including, without limitation, modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directories, databases, listing or software obtained from the Refuel Rewards Program or the Refuel Rewards Site. Systematic retrieval of content from the Refuel Rewards Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Refuel Rewards Site without written permission from Refuel is strictly prohibited.

 

Nothing in the Refuel Rewards Program or on the Refuel Rewards Site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark in the Refuel Rewards Program or on the Refuel Rewards Site. Unless otherwise specified, the Refuel Rewards Site is for your personal and non-commercial use only and you may print, copy and download any information or portion of the Refuel Rewards Site for your personal use only. Copying or downloading material from the Refuel Rewards Site does not transfer title to any material on the Refuel Rewards Site to you. If you copy or download any information or software from the Refuel Rewards Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Refuel or such third party, which may own the marks.  You will not upload, post or otherwise make available on the Refuel Rewards Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

 

You recognize the value of the goodwill associated with the Refuel Rewards Program and acknowledge that the Refuel Rewards Program and the Refuel Rewards Site and all rights therein and goodwill pertaining thereto belong exclusively to Refuel. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in the Refuel Rewards Program or thereafter: (i) attack the title or any rights of Refuel in or related to the copyright, trademarks, patents and other intellectual property in the Refuel Rewards Program and/or the Refuel Rewards Site; (ii) do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, patents, and other intellectual property in the Refuel Rewards Program and/or the Refuel Rewards Site; (iii) claim (adversely to Refuel or anyone claiming rights through Refuel) any right, title or interest in or to the copyright, trademarks, patents, and other intellectual property in the Refuel Rewards Program and/or the Refuel Rewards Site; (iv) misuse or harm the copyright, trademarks, and other intellectual property in the Refuel Rewards Program and/or the Refuel Rewards Site or bring the Refuel Rewards Program into disrepute; (v) for your benefit, directly or indirectly, register or apply for registration of Refuel’s trademarks or any mark which is, in Refuel’ reasonable opinion, the same as or confusingly similar to any of Refuel’ trademarks; (vi) for its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in Refuel’ reasonable opinion, the same as, confusingly similar to or incorporates any of the Refuel trademarks, and/or (vii) engage in behavior we deem to be abusive to us, our employees, or to the Refuel Rewards Program.

 

11. Copyright Infringement Claims

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Refuel Rewards Site infringe your copyright, you (or your agent) may send to Refuel a notice requesting that Refuel remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Refuel a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, found here. Notices and counter-notices should be sent to:

 

Refuel Operating Company, LLC

Attn: Refuel Rewards Member Support Team

 

 PO Box 20782 Charleston SC 29413

 

Email: support@rewards.refuelmarket.com

 

 12. Communications

We may send you certain Refuel Rewards Program information that can include periodic statements of your Account and other information necessary for administration; promotional communications which will inform you of special offers and products we believe would be of interest to you; and promotional communications from third parties that have a relationship with the Refuel Rewards Program. As a member in the Refuel Rewards Program, you may have consented to receive all of the kinds of information described above. If, at any time, you wish to no longer receive promotional communications relating to the Refuel Rewards Program, you may opt out of the receipt of such promotional communications by clicking on the opt-out link provided at the bottom of each e-mail or by contacting our helpdesk at support@rewards.refuelmarket.com.

 

Requests to be unsubscribed or to opt out of promotional communications will be processed promptly, however, you may be included in the selection for additional promotional communications for a short period of time after you make your request. We reserve the right to send out certain communications, including by email and/or regular mail, relating to membership information, and administrative messages that are considered part of your Account, without offering you the opportunity to opt out of receiving them.

 

13. Collection and Use of Personal Information

 

You acknowledge that in order to operate the Refuel Rewards Program, we will collect information about you, your participation in the Refuel Rewards Program, and your purchases from Retail Locations. You expressly authorize Retail Locations  and their respective agents to disclose to us any and all information with respect to your purchases from them, including but not limited to information regarding your fuel and product purchases, the time and date the purchase occurred, and the email or other information entered by you for the purchase. YOU AGREE TO RELEASE US FROM ANY LIABILITY RELATED TO AND HOLD US HARMLESS FOR ANY INFORMATION SO DISCLOSED TO US.

 

In addition to any rights of use and disclosure we may have as provided herein or in our Privacy Policy, you authorize us to use any such information and to disclose such information (i) to our representatives and agents in order to administer the Refuel Rewards Program, (ii) to third parties, where necessary or convenient for transfer or redemption of your accumulated Rewards or otherwise in connection with the Refuel Rewards Program, (iii) to Retail Locations who are investigating potential fraud or abuse; and (iv) otherwise in accordance with the terms of the Privacy Policy, which is available at www.refuelmarket.com/refuelrewards/privacy.

 

14. Discontinuation or Suspension of Use

 

We may, in our sole discretion, at any time and without prior notice: (i) discontinue transmitting all or any part of the content related to the Refuel Rewards Program; (ii) change, discontinue, or limit access to the Refuel Rewards Program or any participant, Reward, functionality, feature, or other component of the Refuel Rewards Program; or (iii) suspend or terminate your use of or access to the Refuel Rewards Program or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.

 

15. Limitation of Liability

 

NEITHER WE, OUR AFFILIATES, OUR LICENSORS, OUR VENDORS, THE RETAIL LOCATIONS, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, JOINT VENTURES, REPRESENTATIVES OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS ARISING OUT OF OR RELATED TO THE REFUEL REWARDS SITE, THE REFUEL REWARDS PROGRAM OR YOUR PARTICIPATION IN THE REFUEL REWARDS PROGRAM, INCLUDING WITHOUT LIMITATION: (I) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE REFUEL REWARDS PROGRAM OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM REWARDS; (II) UNAUTHORIZED USE OF YOUR ACCOUNT, YOUR MEMBER ID OR PIN; (III) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE REFUEL REWARDS PROGRAM MADE BY ARETAIL LOCATION OR ANY OF THEIR SUPPLIERS, OR ANY OTHER PERSON; OR (IV) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF RETAIL LOCATIONS. THIS APPLIES EVEN IF WE, OUR AFFILIATES, LICENSORS, VENDORS, THE RETAIL LOCATIONS, OR OUR OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, AND THE MAXIMUM LIABILITY OF OUR AFFILIATES, THE RETAIL LOCATIONS, AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS AND DIRECTORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY DOLLARS ($50.00). CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OF THE LIMITATIONS AND EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

 

16. Indemnification

 

You agree to indemnify, defend, and hold Refuel and its affiliates, licensors, vendors, and the Retail Locations (and its and their officers, directors, employees, parent companies, affiliates, joint ventures, representatives and agents) harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to any actual or alleged breach by you of these Terms and Conditions, including without limitation attorneys’ fees and costs. For those matters subject to indemnification by you in which neither Refuel nor any of its affiliates is a party, any applicable indemnified Retail Location may provide input into the defense of such matters, at their own expense. You further agree to cooperate as requested by Refuel in the defense of any indemnified claim. You shall not in any event settle any indemnified claim without the prior written consent of Refuel. Without limiting any obligation to indemnify and hold harmless, with respect to your obligation to defend, Refuel reserves the right, at its own discretion and expense, to assume the exclusive defense (including exclusive control) of any matter that is subject to indemnification by you.

 

17. Release

 

By participating in the Refuel Rewards Program, you release Refuel and its affiliates, licensors, vendors, and the Retail Locations from any injury or harm that may arise from participation in the Refuel Rewards Program.

 

California Civil Code Waiver. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

18. Termination, Changes and Breach

 

We may change, cancel, suspend, or discontinue any aspect of the Refuel Rewards Program, the Rewards, the Retail Locations, the issuance and redemption procedures and restrictions, or the type of rewards or discounts offered, all without notice or liability even if the changes affect the value of Rewards already accumulated. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. We may also impose limits on features and services or restrict your access to parts or the entire Refuel Rewards Program without notice or liability.

 

For example, but without limitation, we may add, delete, or change Retail Locations, , time limits for collection, redemption, or use of Rewards; redemption conditions or procedures; or the value of purchases required for particular Rewards. If no Rewards are recorded in your Account for 24 months, or if you commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your Refuel Rewards Program privileges or act in any other way to the detriment of us, our Retail Locations, or the Refuel Rewards Program, we may, without affecting our other rights, terminate your Account, and/or cancel your Rewards and disclose appropriate information requested by proper authorities. If a Reward expires or is cancelled for any reason, it becomes void without compensation. You may elect to close your Account, terminate your participation in the Refuel Rewards Program, and not use our products and services or the products and services of the Retail Locations at any time in your sole discretion.

 

19. License and Refuel Rewards Site Access

 

Refuel grants you a limited license to access and make personal use of the Refuel Rewards Site. This license does not include any resale or commercial use of the Refuel Rewards Site or its contents. The Refuel Rewards Site or any portion of the Refuel Rewards Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes without the express written consent of Refuel.

 

20. Availability of the Refuel Rewards Site

 

REFUEL CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE REFUEL REWARDS SITE. You acknowledge that there may be interruptions in service or events that are beyond our control. The Refuel Rewards Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. We retain the right at our sole discretion to deny service or access to the Refuel Rewards Site to anyone at any time and for any reason.

 

21. Security of the Refuel Rewards Site

 

Certain parts of the Refuel Rewards Site will be password protected and accessible only to users with valid usernames and passwords. Only you are authorized to use your password. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of your Member ID and passwords by which you access the Refuel Rewards Program and the Refuel Rewards Site, and will allow access to the Refuel Rewards Program and the Refuel Rewards Site only by authorized persons, and not by any program, expert system, electronic agent, “bot”, or other automated means. You acknowledge that neither Refuel nor any third party will contact you to solicit your Member ID or password. Therefore, you should not provide your Member ID or password to any person whom you do not authorize to use your Account. Any use of your assigned Member ID or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else’s Account, username, or password without that person’s permission. When creating your Account, you must provide accurate and complete information. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT REFUEL HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. If there is a breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your Member ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Refuel Rewards Program and the Refuel Rewards Site that would damage, interfere with, or unreasonably overload the Refuel Rewards Program and the Refuel Rewards Site.

 

22. Linked Internet websites and other platforms

 

The Refuel Rewards Site provides hyperlinks, which are highlighted words or pictures within a hypertext document that, when clicked, take you to other websites not controlled by us (“Linked Sites”). These Linked Sites may contain terms and conditions and privacy provisions that are different from those provided herein. In addition, if you use a social media platform or your mobile device or other method of communication to interact with Refuel or the Refuel Rewards Site, these applications also have terms and conditions and privacy provisions that governs the use of personal information related to that application. We are not responsible for the collection, use, or disclosure of information collected through Linked Sites, social media platforms, mobile devices or other methods of communication and we expressly disclaim any and all liabilities related to such collection, use, or disclosure.

 

23. General

 

These Terms and Conditions constitute the entire agreement between you and us regarding your participation in the Refuel Rewards Program, your entitlement to collect and redeem Rewards, and your entitlement to any other benefits of the Refuel Rewards Program, and supersede all previous versions. Except as expressly provided herein, Refuel and any applicable third parties reserve all rights with respect to the Refuel Rewards Program and the Refuel Rewards Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies and notify your Internet Service Provider of any fraudulent activity we associate with your use of the Refuel Rewards Site) in the event of any violations. Refuel may enforce these Terms and Conditions to the full extent of the law. When you deal with us over the Internet or via the Refuel Rewards mobile application, you consent to the formation of contractual relations through electronic communications. We are the final authority as to any questions or disputes regarding the Refuel Rewards Program or any Reward. We will not be deemed to have waived any of our rights even if we redeem Rewards when not required. All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes.

 

The Refuel Rewards Program and all rules and Terms and Conditions related to the Refuel Rewards Program are governed by the laws of Texas. If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions. No waiver by either Refuel or you of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms and Conditions. The section headings used herein are for convenience only and shall be of no legal force or effect. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and Refuel. Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Condition to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

24. Must Be At Least 18 Years Old to Use The Refuel Rewards Site

 

At the Refuel Rewards Site, Refuel makes no active effort to collect personal information from individuals under the age of 16.

 

25. Jurisdiction

 

The Refuel Rewards Site is controlled and operated by Refuel from the United States and is not intended to subject Refuel to the laws or jurisdiction of any state, country or territory other than that of the United States. Refuel does not represent or warrant that the Refuel Rewards Site, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction other than that of the United States. Those who choose to download, access or use the Refuel Rewards Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to the United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.

 

26. Not Authorized to Do Business In Every Jurisdiction

 

Refuel is not authorized to do business in every jurisdiction. Information published on the Refuel Rewards Site may contain references or cross-references to goods or services that are not available in your state or country.

 

27. English Language

 

The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, the language of these Terms and Conditions as written in English will govern.

 

28. Binding Arbitration

 

PLEASE READ THE FOLLOWING PROVISION CAREFULLY.  THIS IS A BINDING ARBITRATION PROVISION AND LIMITS THE MANNER IN WHICH YOU MAY PURSUE A CLAIM AGAINST US.

 

The terms of these Terms and Conditions are governed by the laws of the State of Texas, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND REFUEL, ITS LICENSORS, VENDORS, AND/OR ANY RETAIL LOCATION, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT REFUEL AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by this Agreement. The Supplementary Procedures are available at https://adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location in Harris County, Texas. The arbitrator’s decision will follow the terms of these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

 

29. Survival

 

The following Articles will survive the expiration or termination of your enrollment in the Refuel Rewards Program: 8 (Disclaimers), 9 (Member Obligations), 10 (Ownership and Trademarks), 13 (Collection and Use of Personal Information), 15 (Limitation of Liability), 16 (Indemnity), 17 (Release), 23 (General), 25 (Jurisdiction), 27 (English Language), 28 (Binding Arbitration), 29 (Survival), and 30 (Third Party Beneficiaries).

 

30. Third Party Beneficiaries

 

The provisions of these Terms and Conditions are for the benefit of Refuel and you and not for any other person or entity; provided, however, that Refuel’s licensors, vendors, and Retail Locations shall be third party beneficiaries of the Disclaimers, Limitation of Liability, Indemnification, Arbitration, and Release provisions of these Terms and Conditions.

You may contact Refuel as follows:

Refuel Operating Company, LLC

PO Box 20782 Charleston SC 29413

 

Attn: Refuel Rewards Member Support Team

 

Email:support@rewards.refuelmarket.com