BY ACCESSING OR USING THIS WEBSITE AND/OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE AND/OR IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE.
Information related to Minors: The Company does not knowingly collect information directly from minors—persons under the age of 16, or another age as defined by law—via our Digital Services or offline, other than when required to comply with the law or for safety or security reasons.
NOTICE TO PARENTS AND GUARDIANS: If you are a parent or guardian of a minor who has provided information without your knowledge or consent, you may submit a request to remove the minor’s information by calling Customer Service at (800)789-4455 or emailing us at firstname.lastname@example.org. This email is for data privacy matters only. For all other questions or concerns, please email CustomerService@maverik.com.
In order to participate in certain areas of our Digital Services, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify the Company if you discover or otherwise suspect any security breaches relating to the Digital Services; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Features on the Digital Services, such as our Loyalty Programs, store locator, feedback, account management, and interaction with social media sites, may use, maintain, or transmit your Personal Information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including banking information), virtual card information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”).
By acknowledging and agreeing to this Agreement, or by using the Digital Services, you consent to the transmission of User Information to the Company, including its agents and third-party partners, and consent to the Company, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Digital Services functionality and for the purposes disclosed in and consistent with the Company Privacy Notice.
Specifically, for mobile applications, you are solely responsible for the confidentiality and security of User Information sent from or stored on the Apple® Device or Android Device by the application.
You are also solely responsible for all transactions and activities undertaken by anyone or anything with any Loyalty Programs registered in your name, whether authorized or unauthorized. The Company shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions or other activities related to the Digital Services.
As between you and the Company, the Company is solely responsible for the Digital Services. Neither Apple, Inc. (Apple Store), Google, Inc. (Google Play), nor any other app store or marketplace is responsible for the mobile app or any contents.
The Digital Services are the property of the Company and/or its licensors and contractors. You are granted a non-exclusive, revocable, non-assignable, personal, non-transferable and limited license to view the Digital Services and to print off copies of any or all of the pages of the Digital Services provided (a) it is used only for non-commercial informational purposes (except it may be used in furtherance of your commercial relationship with the Company), (b) you do not remove or obscure the copyright notice or other notices, and (c) you do not violate this Agreement or any third-party rights. Without the prior written consent of the Company, you are not allowed (i) to modify, copy, mine, scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or material, products or services obtained from the Digital Services; (ii) to reproduce any part of the Digital Services or mirror any material contained on the Digital Services on any other server; or (iii) to create a link to or from the Digital Services.
The Company reserves the right, at its discretion, to refuse access to the Digital Services or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement. The Company reserves the right to withdraw or amend the Digital Services, and any service or material provided on the Digital Services, in our sole discretion without notice.
If you access our Digital Services on mobile devices, or if you request that we send you text messages, you understand that your mobile carrier’s standard charges will apply. You will only receive text message alerts from our Digital Services if you expressly agree to receive them. Standard/other text messaging rates apply, according to your wireless carrier’s rate plan, and we recommend that you review your plan for details. We will not be responsible for any text messaging or other charges incurred by you or by a person that has access to your wireless device or telephone number as a result of any text messages you receive based on requests from your device or account.
Our Mobile Applications “Mobile Apps” are protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of the Company. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile Apps, or in any way compromise the security of data stored or transmitted by our Mobile Apps.
You agree that all information you provide on the Digital Services must be correct, current and complete. As an express condition of your use of any Digital Service, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement as the same could lead to criminal or civil prosecution. Also, you agree not to use the Digital Services in any way that could damage, disable, overburden, or impair the same, or interfere with others’ use. Furthermore, you agree not to attempt to gain access to the Company computer systems or networks connected to the Company through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Digital Services. Additionally, you agree not to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
The information and material presented on or through the Digital Services is made available solely for general information purposes. The Digital Services may contain information related to the Company and its daily fuel prices, product information and pricing, store specials, manufacturer’s rebates, store facilities, store locations, service offerings, service availability, and other special offers. The Company makes no warranties or guarantees that such information is accurate or that each service or product will be available at a specific time or at every store location.
To access certain portions of the Digital Services, or resources offered through the Digital Services, you may be asked to provide certain registration details or other information, such as user identification numbers, names or passwords (“Account IDs”).
You are solely responsible for maintaining the confidentiality of your Account IDs and agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of secure areas of the Digital Services through any methods, including unauthorized access through or to your Account IDs. Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of any Account IDs. You agree that the Company or third parties may suspend your access pending an investigation of the use of any of your Account IDs. You agree to cooperate fully with any and all investigations. You agree to notify the Company immediately of any unauthorized use of your Account IDs. You agree that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and that the Company will not be liable for any loss or damage to you or any third-party arising from your failure to comply with any of the foregoing obligations.
All trademarks, service marks, product names, company names, domain names, logos, trade names, trade dress, and/or indicia of ownership displayed or available on our Digital Services are marks owned by the Company, or in some cases may be licensed to the Company by third parties, and may not be used without the express written permission of the Company. You may not use any trademark, service mark, product name, company name, domain name, logo, trade name, trade dress, and/or indicia of origin ownership of the Company or any third-party without permission from the owner of the applicable trademark, service mark, product name, company name, domain name, logo, trade name, trade dress and/or indicia of origin or ownership, and such use must adhere to the Company’s or other owner’s applicable instructions and guidelines and applicable law.
In countries where any of the Company’s trademark, service mark, product name, company name, domain name, logo, trade name, trade dress, and/or indicia of origin or ownership are not registered, the Company claims other rights associated with unregistered trademarks, copyrights, service marks, product names, company names, domain names, logos, trade names, trade dress, and indicia of origin and ownership.
To assist and inform you and other users of our Digital Services, the Company makes licensed or fair use of trademarks, copyrights, service marks, logos, graphics, designs, names, and the like of third parties for display on the Digital Services. The Company makes no claim of ownership of these marks, and such materials are to be considered the exclusive property of the respective third parties. The Company’s use of the marks of third parties is not intended to suggest corporate affiliation with, sponsorship of or endorsement by the mark’s holder.
All rights not expressly granted are reserved.
In the event that you find content posted on our Sites which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact the Company’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):
Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
1. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
2. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
3. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
4. a description of the infringing material and the URL where such material is located on the Sites, or a description of where on our Sites you found such material;
5. your written statement that you believe, in good faith, that the use of the work on our Sites has not been authorized by the true owner of the work, its agent, or as a matter of law; and
6. a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
185 S. STATE STREET, SUITE 800
SALT LAKE CITY, UT 84111, USA
E-mail: email@example.com, subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of Company to terminate use of our Sites by repeat infringers in appropriate circumstances.
The Company may offer you the ability to participate in our promotions and rewards program through the Digital Services. Click here for Additional for Additional Terms relating to Adventure Club. Click here for Additional Terms relating to &Rewards℠. Click here for Additional Terms relating to Nitro® Card. Click here for Additional Terms relating to the &Rewards℠ Debit Card.
The Company’s mobile app utilizes geo-location services when you allow the mobile app to access your location via your mobile device settings. In the event you elect to provide the Company to access your location, the Company may 1) provide services available through the mobile app to you, 2) market additional products and services to you, and 3) conduct internal research based on your current location. Further, by electing to provide the Company to access your location, you consent to the collection, use, sharing, and transfer of your geo-location data with the Company and third-party providers of the Company who help facilitate the services made available through the mobile app. You may turn location access on or off by visiting the “Settings” portion of your mobile device.
THE MATERIALS AND INFORMATION ON THE DIGITAL SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS, INFORMATION AND SERVICES ON THE DIGITAL SERVICES ARE PROVIDED “AS IS” WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE DIGITAL SERVICES AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATED COMPANIES AND SUBSIDIARIES, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND SUBCONTRACTORS (“COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE DIGITAL SERVICES, THE CONTENT, THE SITE MATERIALS OR OTHER MATERIALS CONTAINED IN OR ACCESSED THROUGH THE DIGITAL SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE DIGITAL SERVICES, THE COMPANY PARTIES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE, ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE DIGITAL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE DIGITAL SERVICES SHALL BE BROUGHT WITHIN ONE YEAR OF THE ACT OR OMISSION GIVING RISE TO THE CAUSE OF ACTION. THE INAPPLICABILITY IN A JURISDICTION OF A CLAUSE OR LIMITATION CONTAINED HEREIN WILL NOT AFFECT THE APPLICABILITY OF ANY OTHER REMAINING UNAFFECTED CLAUSES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DIGITAL SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGITAL SERVICES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE DIGITAL SERVICES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE DIGITAL SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE DIGITAL SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.
The Company uses encryption/security software, but the Company cannot completely ensure the security and privacy of electronic messaging to and from the Company. These communications could be intercepted without your/the Company’s knowledge and permission. Although the Company takes all necessary precautions to protect your information, if you are concerned about the sensitivity of the message content, the Company suggests that you do not use electronic messaging.
Electronic messaging is subject to our Electronic Messaging Disclaimer, which can be viewed below:
The Company permits the utilization of electronic mail and other forms of electronic communication (collectively, “Electronic Communications”) in the furtherance of business activities and as otherwise consistent with the Company’s policies. This Electronic Messaging Disclaimer (the “Disclaimer”) shall apply to all Electronic Communications (i) occurring through the use of the Online Properties; (ii) related to the Online Properties, the Site Material or other Company business; and/or (iii) with the Company or a Company employee. YOUR PARTICIPATION IN ANY SUCH ELECTRONIC COMMUNICATIONS SHALL CONSTITUTE YOUR CONSENT TO AND AGREEMENT WITH THE FOLLOWING:
The Company may amend or replace any part of this Agreement or any applicable Additional Terms from time to time without specific prior notice to you. Any modifications to this Agreement or any applicable Additional Terms will be effective immediately upon posting of, or reference to the posting of, such modification on the Online Properties. It is your responsibility to review the Agreement and any applicable Additional Terms each time you use the Digital Services so that you are aware of any modifications made. Usage of the Digital Services means you accept the then current form of the Agreement and any applicable Additional Terms. For your convenience and future reference, the date of the current version of this Agreement is noted below. By continuing to visit and use the Digital Services following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement. If you object to any such changes, your sole recourse is to cease using the Digital Services.
The following processes shall govern the arbitration process:
This Agreement and any applicable Additional Terms constitute the entire agreement between you and the Company regarding the Digital Services, and supersede all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Digital Services, the content, products or services provided by or through the Digital Services. No Company consent or approval may be deemed to have been granted by the Company without being in writing and signed by an officer of the Company. If any provision of this Agreement or any applicable Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement and any applicable Additional Terms, which shall remain in full force and effect. No waiver of any term of this Agreement or any applicable Additional Terms shall be deemed a further or continuing waiver of such term or any other term.
You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The section headings are provided for convenience only and shall not limit the full Agreement. The Company may assign its rights and obligations under this Agreement and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of the Company.
Apple Required Terms
4. Warranty: As between Apple and the Company, the Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the relevant Mobile Apps to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
5. Product Claims: The Company and you acknowledge that the Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Mobile Apps or your possession and/or use of that Mobile Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: The Company and you acknowledge that, in the event of any third party claim that the Mobile Apps or your possession and use of the Mobile Apps infringe that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: The Company may be contacted as follows in connection with any questions, complaints or claims with respect to the Mobile Apps: firstname.lastname@example.org or by any means listed on the “Contact” webpage at https://www.maverik.com/contact.
9. Third Party Terms of Agreement: You must comply with third party terms of agreement when using the Mobile Apps.
Additional Terms Relevant to Google Inc.
(b) The Google Play marketplace is owned and operated by Google Inc. your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of App (found at http://www.google.com/accounts/Terms) and the Google Play Terms of App (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google Terms of App called the “Terms”). The Google Play Terms of App and Google Terms of App shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
(c) The Company is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the Mobile Apps. Support requests, as well as questions, complaints or claims regarding the Mobile Apps, may be directed as follows: email@example.com or by any means listed on the “Contact” webpage at https://www.maverik.com/contact.
(d) To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Mobile Apps, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
(e) Google shall not be responsible for addressing any claims by you or any third party relating to the Mobile Apps or your possession and/or use of the Mobile Apps, including but not limited to (i) product liability claims, (ii) any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
(f) Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the Mobile Apps or your possession and use thereof infringes a third party’s intellectual property rights.
(g) You represent and warrant that (i) the Mobile Apps will not be downloaded or used in, or transported to, a country that is subject to a United States Government embargo or has been designated by the United States Government as a “terrorist-supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
(i) Removal of Mobile Apps. The Company or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the Mobile Apps, or delete the Mobile Apps from your Supported Device, without entitling you to any refund, credit or other compensation from the Company or any third party (including, but not limited to, Google Inc. or your network connectivity provider).
If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement and any applicable Additional Terms, please contact the Company at firstname.lastname@example.org or by any means listed on the “Contact” webpage at https://www.maverik.com/contact.