TERMS AND CONDITIONS
OF THE FUELPERKS!® REWARD PROGRAM
Valid as of June 2010.
The fuelperks!® Reward Program ("fuelperks! Program") is operated by Excentus Corporation ("Excentus", "us", "our", "we"). When you enroll in the fuelperks! Program as a member ("Member") you are able to collect price per unit fuel discounts ("Rewards") by purchasing qualified products at participating retail locations and websites and to redeem the Rewards in your account ("Account") at participating fuel sites.
PARTICIPATION IN THE FUELPERKS! PROGRAM
To enroll, you must meet the terms for participation established by us or the participating retailer who will provide you with a fuelperks! Program card ("Card"). Once your enrollment is processed and accepted by us or the Card-issuing participating retailer, we will establish an account in your name (“Account”). You may request additional Cards for other family members, friends and acquaintances ("Additional Members") from us or your Card-issuing participating retailer (if allowed) for which a charge may apply. You may only collect Rewards in one Account. All Rewards collected by Additional Members linked to your Account number will be recorded in your Account and all Rewards may be redeemed by any cardholder linked to your account. Notify your Card-issuing participating retailer immediately if your Card is lost or stolen. You may, with your Card-issuing participating retailer's consent and upon proper proof, merge your Account with another fuelperks! Program Member's Account. When merging Accounts, you will need to allow sufficient additional time for processing Rewards and the policies regarding merging of Reward balances may vary from one Card-issuing participating retailer to another. The Cards, every certificate or other document which may be exchanged for a Reward ("Certificate") and all rights relating to them, are and will remain the property of Excentus or the participating retailer. You may not sell, exchange, give, charge or otherwise dispose of any Reward. You are responsible for all taxes payable due to your participation in the fuelperks! Program, collecting and redeeming Rewards and obtaining Rewards.
Rewards may be earned at fuelperks! participating retailers’ locations.
You must identify yourself as a Member by presenting your Card or required information regarding your membership in the fuelperks! Program when dealing with participating retailers and merchants. Our fuelperks! Program entitles you to earn Rewards only from participating retailers and merchants in the United States.
Rewards that you accrue as a result of your transactions with participating retailers and merchants will be posted to your Account, and a summary of activity in your Account will be displayed on this fuelperks! Site. Rewards will normally be posted to your Account within 4 to 5 days from the date of your purchase from a participating retailer or merchant of the transaction, but we do not assume any liability for a failure to do so in a timely manner. You are solely responsible for checking your Account regularly to ensure that your Rewards are properly credited. If proper credit does not appear on your activity statement, you should contact us via this fuelperks! 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.
We will credit your Account with only those Rewards you earn by dealing with participating retailers and merchants in good standing with us, and may require participating retailer or merchant authorization to do so. We are not responsible if a participating retailer or merchant 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 participating retailer or merchant delays or fails to make adjustments to your Account regarding a disputed Reward or for any other delay in recording Rewards in your Account. Some locations of a participating retailer may not participate in the fuelperks! Program. 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 Reward-issuing retailer or merchant 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). Participating retailers and merchants 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 participating retailer or merchant is responsible for any offer or Reward which is no longer in effect.
If you believe that any Account summary showing the number of Rewards in your Account is in error, you must notify the Reward-issuing participating retailer or merchant within 60 days of the date the Reward was issued or it will be deemed correct. You may be required to submit documentation to support your claim. Any dispute regarding Rewards should be settled between you and the participating retailer or merchant.
In the case of any failure by you to follow these Terms and Conditions or any other fraud or abuse related to the fuelperks! 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 participating retailers and merchants 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 fuelperks! 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.
REDEMPTION OF REWARDS
To redeem Rewards, you must present your card when purchasing gasoline at participating retailer fuel stations. Your Reward will automatically be applied to the transaction either by reducing the per-gallon price of gas by the amount of the Rewards you have earned (for up to 20 gallons, on a single transaction) 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 participating retailer fuel station.
NO REWARD MAY BE REDEEMED UNTIL IT HAS BEEN CREDITED TO THE MEMBER'S ACCOUNT. REWARDS AND CERTIFICATES HAVE NO CASH, MONETARY OR OTHER VALUE, CANNOT BE CONVERTED INTO ANY CURRENCY, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS ESTABLISHED BY EACH PARTICIPATING RETAILER. Transactions upon which Rewards are earned or redeemed are made directly with a participating retailer or merchant, and Excentus has no responsibility for the design, delivery, use, standard, quality or otherwise of any goods or services sold by participating retailers or merchants through the use of the fuelperks! Program. These transactions and all Rewards are subject to all applicable legal rules and the terms and conditions set by the participating retailer and merchants.
THE INFORMATION, PRODUCTS AND SERVICES ON THIS FUELPERKS! SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. EXCENTUS DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THIS FUELPERKS! SITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCENTUS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS FUELPERKS! SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS FUELPERKS! SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, EXCENTUS CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE.
EXCENTUS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS FUELPERKS! SITE.
You agree that you will not, and will not permit others to: (i) provide any unauthorized third party with access to the fuelperks! Program or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to Excentus (collectively, "Content") by any means; (ii) modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the fuelperks! Program; (iii) 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 fuelperks! Program; (iv) introduce into the fuelperks! Program any code intended to disrupt the fuelperks! Program, alter or delete its Content, access confidential Content on this fuelperks! Site or interfere with the operation of the fuelperks! Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (v) post any material in any form whatsoever on this fuelperks! Site or within the fuelperks! Program that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or (vi) 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 fuelperks! Program. or (vii) otherwise act in a fraudulent, illegal, malicious or negligent manner when using this fuelperks! Site. Except as expressly provided herein, Excentus and the third parties reserve all rights with respect to this fuelperks! Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
You recognize the great value of the goodwill associated with the fuelperks! Program and acknowledge that the fuelperks! Program and this fuelperks! Site and all rights therein and goodwill pertaining thereto belong exclusively to Excentus. You further agrees 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 fuelperks! Program or thereafter: (i) attack the title or any rights of Excentus in or to the Licensed Marks; (ii) attack the validity of these Terms and Conditions; (iii) do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, and other intellectual property in the fuelperks! Program and/or this fuelperks! Site; (iv) claim (adversely to Excentus or anyone claiming rights through Excentus) any right, title or interest in or to the copyright, trademarks, and other intellectual property in the fuelperks! Program and/or this fuelperks! Site; (v) misuse or harm the copyright, trademarks, and other intellectual property in the fuelperks! Program and/or this fuelperks! Site or bring the fuelperks! Program into disrepute; (vi) for its benefit, directly or indirectly, register or apply for registration of Excentus’ trademarks or any mark which is, in Excentus’ reasonable opinion, the same as or confusingly similar to any of Excentus’ trademarks; and/or (vii) for its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in Excentus’ reasonable opinion, the same as, confusingly similar to or incorporates any of the Excentus’ trademarks.
OWNERSHIP AND TRADEMARKS
Excentus, or the applicable third party owner, retains all right, title and interest to and under all patents (including all reissues, pisions, 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) on this fuelperks! Site. Without the prior written consent of Excentus, 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, directors, databases, listing or software obtained from this fuelperks! Site. Systematic retrieval of content from this fuelperks! 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 this fuelperks! Site without written permission from Excentus is strictly prohibited.
Nothing on this fuelperks! Site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark on this fuelperks! Site. Unless otherwise specified, this fuelperks! Site is for your personal and non-commercial use only and you may print, copy and download any information or portion of this fuelperks! Site for your personal use only. Copying or downloading material from this fuelperks! Site does not transfer title to any material on this fuelperks! Site to you. If you copy or download any information or software from this fuelperks! Site, you agree that you will not remove or obscure any copyright or other notices or legends contains 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 Excentus or such third party, which may own the marks.
Anything transmitted to this fuelperks! Site by you becomes Excentus’ property and may be used by us for any lawful purpose.
Excentus reserves all rights with respect to copyright and trademark ownership of all material at this fuelperks! Site, and will enforce such rights to the full extent of the law.
COLLECTION AND USE OF CERTAIN INFORMATION
We may send you certain fuelperks! Program information that can include periodic statements of your Account and other information necessary for administration; marketing materials which will inform you of special offers and products we believe would be of interest to you; and marketing materials from third parties that have a relationship with the fuelperks! Program. As a participant in the fuelperks! Program, you have consented to receive all of the kinds of information described above. However, you will be given the opportunity to opt-out and not receive marketing information.
You acknowledge that in order to operate the fuelperks! Program, we will collect information about you and your purchases from participating retailers and merchants. You authorize participating retailers and merchants and their respective agents to disclose to us any and all information with respect to your purchases from such participating retailer or merchant initiated via this fuelperks! Site, including but not limited to information regarding purchases made, products ordered, order number, the time and date the purchase occurred, and the email entered for the purchase. You agree to hold participating retailers and merchants harmless for any information so disclosed to us.
Certain parts of this fuelperks! 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 the user IDs and passwords by which you access the fuelperks! Program and this fuelperks! Site, and will allow access to the fuelperks! Program and this fuelperks! Site only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither Excentus nor any third party will contact you to solicit your user ID or password. Therefore, you should not provide your user ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs 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 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 EXCENTUS HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. If there is a breach of security through your Account, you will 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 user 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 fuelperks! Program and this fuelperks! Site that would damage, interfere with or unreasonably overload the fuelperks! Program and this fuelperks! Site.
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 fuelperks! Program; (ii) change, discontinue or limit access to the fuelperks! Program or any functionality, feature or other component of the fuelperks! Program; or (iii) suspend or terminate your use of or access to the fuelperks! Program or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.
You may elect to close your Account at any time by notifying Excentus. Upon closure, any rights to redeem Rewards from that Account are lost.
LIMITATION OF LIABILITY
NEITHER WE, OUR AFFILIATES NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS OR DIRECTORS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER (COLLECTIVELY, "COSTS"), HOWEVER SUFFERED OR CAUSED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THE FUELPERKS! PROGRAM OR YOUR PARTICIPATION IN THE FUELPERKS! PROGRAM; (II) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE FUELPERKS! PROGRAM OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM REWARDS; (III) UNAUTHORIZED USE OF YOUR CARD OR PIN; (IV) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE FUELPERKS! PROGRAM MADE BY A PARTICIPATING RETAILER, MERCHANT OR ANY OF THEIR SUPPLIERS, OR ANY OTHER PERSON; OR (V) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF PARTICIPATING RETAILERS AND MERCHANTS. THIS APPLIES EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH COSTS.
You agree to indemnify and hold Excentus and its subsidiaries 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 breach by you of these Terms and Conditions, including without limitation, attorneys fees and costs. Excentus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You further agree to cooperate as requested by Excentus in the defense of any claim. You shall not in any event settle any claim without the written consent of Excentus.
Release; California Civil Code Waiver. You may find content to be offensive, harmful or inaccurate. You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users, you release Excentus (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 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.”
TERMINATION, CHANGES AND BREACH
We may change these Terms and Conditions, any aspect of the fuelperks! Program including issuing and redemption procedures or any Rewards in any respect, all without notice and even though changes may affect the value of Rewards already accumulated. For example, but without limitation, we may add, delete or change participating retailers and merchants, time limits for collection, redemption or use of Certificates or 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, you commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your fuelperks! Program privileges or act in any other way to the detriment of us, our participating retailers and merchants or the fuelperks! Program, we may, without affecting our other rights, terminate your enrollment and/or cancel your Rewards and disclose only appropriate information requested by proper authorities. If a Reward expires or is cancelled for any reason, it becomes void without compensation.
THE FUELPERKS! PROGRAM AND THIS FUELPERKS! SITE INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXCENTUS MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE FUELPERKS! PROGRAM, THIS FUELPERKS! SITE OR THE MATERIALS, INFORMATION, OR FUNCTIONS MADE ACCESSIBLE. EXCENTUS, ITS SUBSIDIARIES, AND AFFILIATES ASSUME NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF THE FUELPERKS! PROGRAM AND THIS FUELPERKS! SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. EXCENTUS SHALL NOT BE LIABLE FOR ANY FAILURE OF THE FUELPERKS! PROGRAM AND THIS FUELPERKS! SITE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF EXCENTUS.
Must Be At Least 18 Years Old to Use This Fuelperks! Site
At this fuelperks! Site, Excentus makes no active effort to collect personal information from inpiduals under the age of 18. Although Excentus requires that users must be at least eighteen (18) years of age or older, you must nonetheless ensure that content you provide is acceptable for viewing by users who might not be adults.
Fuelperks! Site Controlled from United States
This fuelperks! Site is controlled from offices within the United States. Excentus makes no representation that content or materials in this fuelperks! Site are appropriate or available for use in other jurisdictions. Access to this fuelperks! Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this fuelperks! Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
Not Authorized to Do Business In Every Jurisdiction
Excentus is not authorized to do business in every jurisdiction. Information published on this fuelperks! Site may contain references or cross-references to goods or services that are not available in your state or country.
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, reference shall be made only to these Terms and Conditions as written in English and not to any translation into another language.
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