Privacy Statement

RaceTrac is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the RaceTrac Web site and governs data collection and usage. By using the RaceTrac website, you consent to the data practices described in this statement.

Collection of your Personal Information

RaceTrac collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. RaceTrac also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware and software that is automatically collected by RaceTrac. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by RaceTrac for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the RaceTrac Web site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through RaceTrac public message boards, this information may be collected and used by others. Note: RaceTrac does not read any of your private online communications.

RaceTrac encourages you to review the privacy statements of Web sites you choose to link to from RaceTrac so that you can understand how those Web sites collect, use and share your information. RaceTrac is not responsible for the privacy statements or other content on Web sites outside of the RaceTrac and RaceTrac family of Web sites.

Use of your Personal Information

RaceTrac collects and uses your personal information to operate the RaceTrac Web site and deliver the services you have requested. RaceTrac also uses your personally identifiable information to inform you of other products or services available from RaceTrac and its affiliates. RaceTrac may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

RaceTrac does not sell, rent or lease its customer lists to third parties. RaceTrac may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, RaceTrac may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to RaceTrac, and they are required to maintain the confidentiality of your information.

RaceTrac does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

RaceTrac keeps track of the Web sites and pages our customers visit within RaceTrac, in order to determine what RaceTrac services are the most popular. This data is used to deliver customized content and advertising within RaceTrac to customers whose behavior indicates that they are interested in a particular subject area.

RaceTrac Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on RaceTrac or the site; (b) protect and defend the rights or property of RaceTrac; and, (c) act under exigent circumstances to protect the personal safety of users of RaceTrac, or the public.

Use of Cookies

The RaceTrac Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize RaceTrac pages, or register with RaceTrac site or services, a cookie helps RaceTrac to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same RaceTrac Web site, the information you previously provided can be retrieved, so you can easily use the RaceTrac features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the RaceTrac services or Web sites you visit.

Security of your Personal Information

RaceTrac secures your personal information from unauthorized access, use or disclosure. RaceTrac secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

RaceTrac will occasionally update this Statement of Privacy to reflect company and customer feedback. RaceTrac encourages you to periodically review this Statement to be informed of how RaceTrac is protecting your information.

Contact Information

RaceTrac welcomes your comments regarding this Statement of Privacy. If you believe that RaceTrac has not adhered to this Statement, please contact RaceTrac at guest@racetrac.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.

Declaración de Privacidad

Última revisión: 29 de marzo, 2016

RaceTrac está comprometida con la protección de su privacidad. La presente Declaración de Privacidad especifica la información que RaceTrac recopila de usted y sobre usted a través del sitio web de RaceTrac, de la aplicación móvil de RaceTrac y del programa de fidelización y compensaciones de RaceTrac (en conjunto «Programas RaceTrac»), así como el uso que se le da a la información recopilada. El uso de los Programas RaceTrac implica su consentimiento con las prácticas sobre datos descritas en esta Declaración.

Esta Declaración de Privacidad no se aplica a las prácticas de empresas que RaceTrac no posee ni controla ni a individuos fuera de la organización de RaceTrac. Como explicamos más abajo, su información personal se utilizará para la prestación de nuestros servicios y con el fin de mejorarlos. Esta Declaración de Privacidad puede estar sujeta a cambios con el transcurso del tiempo, de modo que es importante que revise la Declaración con cierta regularidad para saber cómo RaceTrac recopila y utiliza su información.

Si tiene alguna duda o pregunta respecto a esta Declaración de Privacidad, póngase en contacto con nosotros.

Información que RaceTrac recopila

Cuando utiliza los Programas de RaceTrac, recopilamos la información personal que nos proporciona, como su nombre, su dirección de correo electrónico, su fecha de nacimiento, su número de teléfono y su ubicación (en la medida en que dé su consentimiento especificándolo a través de los ajustes de su cuenta). Además, recopilamos la información que genera a través del uso de la aplicación móvil, como su historial de compras. Tanto el sitio web como la aplicación móvil recopilan información que se genera automáticamente mediante el uso de estos servicios, como el tipo de dispositivo que utiliza, el sistema operativo de su dispositivo, su dirección IP, el navegador que utiliza, la manera en que interactúa con nuestros servicios y la URL del sitio web de referencia.

También utilizamos herramientas de recopilación de información automatizadas, como las «cookies», para recabar información sobre usted mientras utiliza el sitio web o la aplicación móvil. Una cookie es un pequeño archivo almacenado en su ordenador que nos permite saber que ha visitado nuestro sitio web o que ha accedido a nuestra aplicación móvil con anterioridad. Las cookies nos permiten facilitarle el acceso a estos servicios, mejorar su experiencia y recopilar información estadística sobre el uso que hace de nuestro sitio web o de la aplicación móvil. La mayoría de los navegadores aceptan automáticamente las cookies, pero, por lo general, es posible configurar los ajustes de los navegadores para que las rechacen o modificar su interacción con ellas. Si elige deshabilitar las cookies, puede que algunas de las características del sitio web o de la aplicación móvil dejen de funcionar correctamente.

No realizar seguimiento

Algunos navegadores y sistemas operativos disponen de una función para no realizar seguimiento, que le permite especificar que no desea que se realice el seguimiento de sus actividades en línea. Este tipo de funciones no son aún uniformes, de modo que actualmente no respondemos a este tipo de señales o funciones. De modo que, aunque seleccione o active la función para no realizar seguimiento en su navegador web o bloquee o borre las cookies de seguimiento, tanto nosotros como nuestros proveedores podríamos seguir recopilando información sobre sus actividades en línea en los términos descritos en esta Declaración de Privacidad.

Aviso a los usuarios fuera de EE. UU.

Si se encuentra fuera de los Estados Unidos de América y utiliza los programas RaceTrac, debe saber que su información personal va a transferirse a Estados Unidos, cuya legislación sobre protección de datos puede considerarse inadecuada en su país. Si se encuentra en un país fuera de los Estados Unidos de América y nos proporciona voluntariamente información personal, estará dando su consentimiento al uso general de tal información en los términos descritos en esta Declaración, así como a la transferencia de dicha información y/o a su almacenamiento en los Estados Unidos de América.

Cómo utiliza RaceTrac su información

RaceTrac recopila su información personal para el funcionamiento de los Programas RaceTrac, así como para prestar y mejorar nuestros servicios. También utilizamos su información personal para informarle sobre otros productos y servicios de RaceTrac o de sus filiales. RaceTrac utiliza la información relacionada con su uso del sitio web o de la aplicación móvil para determinar qué servicios RaceTrac son los más populares o para ofrecer publicidad y contenido personalizados dentro del sitio web, de la aplicación móvil o de las diferentes tiendas de RaceTrac.

Asimismo, RaceTrac puede utilizar su información personal para pedirle que participe en encuestas de opinión sobre los servicios actuales o futuros que RaceTrac pudiera ofrecer. Igualmente, RaceTrac podría utilizar su información personal para ponerse en contacto con usted en relación con el uso de la aplicación móvil o en nombre de nuestras empresas asociadas, en relación con la oferta de algún producto o servicio particular que pudiera interesarle.

Divulgación de su información

RaceTrac no vende ni alquila su información personal a terceros. No obstante, podemos compartir su información personal con terceros con los que RaceTrac se asocie con el fin de prestarle sus servicios, a saber: envío de correos electrónicos o postales, asistencia personalizada o gestión de entregas. De vez en cuando, podríamos asociarnos con terceros para analizar los datos relacionados con los Programas RaceTrac para fines entre los que se incluyen, entre otros, la evaluación del uso de nuestros servicios o la administración y la mejora de nuestros Programas. Además, RaceTrac puede servirse de terceros para recabar y procesar información sobre pagos con tarjeta que usted haya facilitado con motivo de la compra de tarjetas regalo a través de la aplicación móvil.

Con excepción de en los términos anteriormente descritos en esta Declaración de Privacidad, RaceTrac no facilitará su información personal a terceros a menos que la Ley así lo exija o que consideremos que tal acción es necesaria para: (a) cumplir con un mandato judicial u otros procedimientos legales presentados contra nosotros o para colaborar con órganos gubernamentales de control de la aplicación de la Ley; (b) investigar o evitar actividades cuya legalidad esté bajo sospecha o proteger la seguridad y la integridad de RaceTrac; (c) aplicar esta Declaración de Privacidad, nuestras condiciones de servicio u otros acuerdos vinculantes; (d), adoptar precauciones para no incurrir en responsabilidad, investigar o defendernos contra alegaciones o reclamaciones de terceros; o (e) ejercer o defender los derechos, la propiedad o la integridad personal de RaceTrac, sus empleados, sus clientes o el público.

Seguridad de su información personal

RaceTrac adopta medidas de seguridad (físicas, electrónicas y procedimentales) para contribuir a la defensa contra el acceso y la divulgación no autorizados de su información personal. A pesar de estas precauciones, ningún sistema es completamente seguro y siempre existe riesgo de que se produzca un uso o acceso no autorizado, un fallo del hardware o del software, un error humano o se dé cualquier otra circunstancia que pueda poner en compromiso la seguridad de su información personal. Si bien nuestra prioridad es proteger su información personal, RaceTrac no puede asegurar ni garantizar la seguridad de ningún dato que nos proporcione a nosotros ni a través de los Programas RaceTrac.

Niños menores de trece años

RaceTrac no recopila intencionadamente información sobre menores de trece años.

Cambios en esta declaración

RaceTrac puede actualizar ocasionalmente esta Declaración de Privacidad para reflejar las prácticas de seguridad de datos y de privacidad de RaceTrac. RaceTrac recomienda encarecidamente que revise periódicamente esta Declaración para saber en todo momento cómo recopilamos, utilizamos y protegemos su información personal.

Información de contacto

RaceTrac agradece sus comentarios respecto a esta Declaración de Privacidad. Escríbanos a guest@racetrac.com.

Terms Of Use

AGREEMENT BETWEEN USER AND RaceTrac

The RaceTrac Web Site is comprised of various Web pages operated by RaceTrac.

The RaceTrac Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the RaceTrac Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

RaceTrac reserves the right to change the terms, conditions, and notices under which the RaceTrac Web Site is offered, including but not limited to the charges associated with the use of the RaceTrac Web Site.

LINKS TO THIRD PARTY SITES

The RaceTrac Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of RaceTrac and RaceTrac is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RaceTrac is not responsible for webcasting or any other form of transmission received from any Linked Site. RaceTrac is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RaceTrac of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the RaceTrac Web Site, you warrant to RaceTrac that you will not use the RaceTrac Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the RaceTrac Web Site in any manner which could damage, disable, overburden, or impair the RaceTrac Web Site or interfere with any other party's use and enjoyment of the RaceTrac Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the RaceTrac Web Sites.

USE OF COMMUNICATION SERVICES

The RaceTrac Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

RaceTrac has no obligation to monitor the Communication Services. However, RaceTrac reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

RaceTrac reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

RaceTrac reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RaceTrac's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. RaceTrac does not control or endorse the content, messages or information found in any Communication Service and, therefore, RaceTrac specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized RaceTrac spokespersons, and their views do not necessarily reflect those of RaceTrac.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO RaceTrac OR POSTED AT ANY RaceTrac WEB SITE

RaceTrac does not claim ownership of the materials you provide to RaceTrac (including feedback and suggestions) or post, upload, input or submit to any RaceTrac Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting RaceTrac, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. RaceTrac is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in RaceTrac's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE RaceTrac WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RaceTrac AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE RaceTrac WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE RaceTrac WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

RaceTrac AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE RaceTrac WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RaceTrac AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RaceTrac AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RaceTrac WEB SITE, WITH THE DELAY OR INABILITY TO USE THE RaceTrac WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE RaceTrac WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE RaceTrac WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RaceTrac OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RaceTrac WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RaceTrac WEB SITE.

SERVICE CONTACT : guest@racetrac.com

TERMINATION/ACCESS RESTRICTION

RaceTrac reserves the right, in its sole discretion, to terminate your access to the RaceTrac Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the RaceTrac Web Site. Use of the RaceTrac Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RaceTrac as a result of this agreement or use of the RaceTrac Web Site. RaceTrac's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RaceTrac's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the RaceTrac Web Site or information provided to or gathered by RaceTrac with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RaceTrac with respect to the RaceTrac Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RaceTrac with respect to the RaceTrac Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the RaceTrac Web Site are: © 2012 RaceTrac All Rights Reserved and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

RACETRAC REWARDS PROGRAM - Terms of Use

Effective as of April 1, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.

These Terms of Use apply to your access to, and participation in, the RaceTrac Rewards loyalty program which is operated by RaceTrac Petroleum, Inc., or its subsidiaries and affiliates, agents and licensees (collectively, “RaceTrac” or “we”, “our” and “us”) in the United States through our rewards mobile application (the “Rewards Program”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us. The terms "Member," "Members," "you," and "your" apply to you as a member of the Rewards Program; the term "account" refers to your Rewards Program account.

We may change, modify, update, change, suspend and/or eliminate the Rewards Program and/or these Terms of Use or any other policy, FAQ, or guideline pertaining to the Rewards Program, including without limitation modify the number of Points (as defined below) required to be eligible for any or all Rewards, at any time and in our sole discretion. Any changes or modifications to these Terms of Use will be effective immediately, unless otherwise stated, upon posting the changes or modifications to www.RaceTrac.com, and you waive any right you may have to receive notice of any such changes or modifications.

Your enrollment in or participation in the Rewards Program confirms your acceptance of these Terms of Use and any such changes or modifications. If you do not agree to the Terms of Use or any modifications or changes, your sole recourse is to cease participating in the Rewards Program. RaceTrac reserves the right to disqualify Members who have violated these Terms of Use.

This Rewards Program, including without limitation the Rewards Program mobile application used to access your account (the “Mobile App”) is not targeted towards, nor intended for use by, any anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Rewards Program under the supervision of a parent or legal guardian who consents and agrees to be bound by these Terms of Use with respect to your use and participation in the Rewards Program and Mobile App.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT PARTICIPATE IN THE REWARDS PROGRAM.

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH US, AS WELL AS DISCLAIMERS OF WARRANTIES AND DISCLAIMERS OF LIABILITY.

You acknowledge (a) that you have read and understood these Terms of Use; and (b) that these Terms have the same force and effect as a signed agreement.

Privacy Statement

We may collect personal information as a result of your use of the Rewards Program and Mobile App, including personal information that is automatically collected (including account information and purchase history), and personal information (including location information and responses to survey questions and feedback or other advice) that you submit to us or through your use of and/or interaction with the Mobile App. Please read the Privacy Statement at www.RaceTrac.com, incorporated by reference, carefully to understand how we may collect, use and disclose certain information about our guests and how to update or change your information and how we may communicate with you.

Enrollment; Eligibility

Our Rewards Program is one way in which RaceTrac seeks to reward and thank our loyal guests for their patronage. Enrollment is available to U.S. residents only who are 13 years of age or older. If you are between the ages of 13 and 18, you may only use the Rewards Program under the supervision of a parent or legal guardian who consents and agrees to be bound by these Terms of Use with respect to your use and participation in the Rewards Program and Mobile App.

To become a member in the Rewards Program, you must complete the following steps:

  1. Initial Enrollment:

    1. Download the RaceTrac application (the “Mobile App”) to your Android™ or iPhone® device.
    2. Follow the prompts to create an account using a valid email address and password.
    3. Start earning Points on qualifying purchases made inside a RaceTrac location (see “Earning Points” below for further details).

  2. Full Enrollment:

    1. Go to “Account Preferences” within your Mobile App account.
    2. Complete all sections, including “Tell us More” within your account.
    3. Start using your phone number, registered within your Account Preferences, to be eligible to earn Points on your purchases at the pump.

Gift Cards

You can also use the Mobile App to pay for purchases by registering a RaceTrac gift card to your Mobile App account. You can purchase a gift card (“Gift Card”), register an existing Gift Card, and reload a Gift Card, all through your Mobile App. See “Cards” section within your Mobile App for further details.

Your RaceTrac Gift Card is good at participating RaceTrac locations only. There is no expiration date or management fee for your Gift Card. The RaceTrac Gift Card is redeemable for merchandise only (except as provided below in the “Redeeming Rewards” section, and may not be redeemed for cash, check credit or equivalent, and have no cash value. Your RaceTrac Gift Card is issued by Consumer Incentive Programs, Inc. Use of your RaceTrac Gift Card constitutes your acceptance of these Terms of Use as well as additional terms applicable to your purchase, registration and/or use of a Gift Card through the Mobile App. You may not use a Gift Card through the Mobile App to purchase tobacco products, pre-paid cards, alcohol, lottery items, or money order or financial services.

If you have any questions regarding your RaceTrac Gift Card, to reload your Card with more value, purchase additional Cards, or to check your balance, see your local RaceTrac store, visit www.racetrac.com, or call 1-888-529-6578 for customer service. Member should promptly update account information with any changes, such as updated name, address, telephone numbers, and email address either by visiting updating in your account settings.

Earning Rewards

  1. Earn points “Points” in your account when you purchase Qualifying Products at participating RaceTrac locations only. There are two (2) types of rewards (“Rewards”) Members are eligible to earn through the Rewards Program: (1) Drinks Perk Rewards; and (2) In-App Rewards (each as described below). In addition, Members may be eligible to receive coupon offers (“Coupons”). Points earned by active Members will expire on a 36-month rolling schedule (i.e., Points earned on a qualifying purchase on 1/1/2014 will expire on 1/1/17 if they are not used prior to this date), except in the case of account inactivity as described below for a period of twelve (12) or more months.

    You acknowledge and agree that RaceTrac may modify the number of Points required to be eligible for any or all Rewards.

    1. Drinks Perk Rewards

      If you’ve earned enough Points to meet one of the Drinks Perk tiers (see below), you have earned a Drinks Perk Reward as follows:

      Tier Multiplier in store Multiplier at pump Number of Points earned during relevant period to achieve Tier† Drinks Perk
      Duke of (Hot)Dog $0.25 = 1 pt 1 gallon = 1 pt 0 None
      Prince of Pastry $0.25 = 1 pt 1 gallon = 1 pt 500 1 free fountain, frozen or coffee drink* per month for 12 months beginning as of the date Member first earned 500 Points
      King of Coffee $0.25 = 1 pt 1 gallon = 1 pt 2,000

      (or 500 for Prince of Pastry Tier + 1,500)      		 1 free fountain, frozen or coffee drink* per week for 12 months beginning as of the date Member first earned an additional 2,000 Points after achieving the Prince of Pastry Tier
      Sultan of Soda $0.25 = 1 pt 1 gallon = 1 pt 3,500

      (or 2,000 for King of Coffee Tier + 1,500)      		 1 free fountain, frozen or coffee drink* per day for 12 months beginning as of the date Member first earned an additional 3,500 Points after achieving the King of Coffee Tier

      * Please note that drink purchases eligible for redemption of Drinks Perk reward are limited to fountain drinks, frozen drinks and coffee drinks only (i.e., bottled drinks not eligible).

      † Note the rules below that apply to how Points you have earned count to help you achieve a Drinks Perk Tier:

      On the date a Member earns enough Points to achieve a Drinks Perk Tier as outlined in the above table (the “Tier Achievement Date”) and not previously used toward a Drinks Perk Reward, then the Member has achieved the corresponding Drinks Perk Reward for such Tier for a period up to a maximum of twelve (12) months, ending on the anniversary of the Tier Achievement Date unless the Member earns enough points prior to the anniversary of the Tier Achievement Date to achieve a higher Drinks Perk Tier, in which event the Member will receive the Drinks Perk Reward for such higher Tier for up to a maximum of twelve (12) months following the Tier Achievement Date for such higher Tier.

      • For example, if a Member earns 2,000 Points between 6/15/2016 and 12/1/2016, then the Member would have a Tier Achievement Date for the King of Coffee Tier of 12/1/2016. If the Member earns no additional Points, the Member would have the King of Coffee Tier through 11/30/2017, (the anniversary of the Tier Achievement Date for the King of Coffee Tier). After 11/30/2017, because the Member had not earned any new Points that were not already used toward the Member’s Reward for 12/1/2016 through 11/30/2017, the Member would drop down to Duke of (Hot)Dog with zero (0) Points counting toward the Drinks Perk Tier the Member would then be eligible for.
      • However, if instead the same Member earns 500 additional Points between 12/1/2016 and 2/1/2017, then those 500 Points would be counted toward the Member’s next Drinks Perk Tier when the Member’s King of Coffee Tier Reward expires on 11/30/2017, and Member would have a new Tier Achievement Date of 12/1/2017 for a newly earned Prince of Pastry Tier for up to a maximum of twelve (12) months following such Tier Achievement Date. Any additional Points earned by Member beginning 12/1/2017 will count towards calculating the Member’s next Drinks Perk Tier.
      • If the Member earns only 499 Points between 12/1/2017 and 11/30/2018, then when the Member’s Prince of Pastry Reward expires on 11/30/2018, the Member will only be at the Duke of (Hot)Dog Tier until such time as the Member earns additional Points to achieve a higher Tier.
      • But if instead the Member earns an additional 2,500 Points between 12/1/2017 and 8/1/2018 for example, then the Member will have a Tier Achievement Date of 8/1/2018 for the King of Coffee Tier for up to a maximum of twelve (12) months following such Tier Achievement Date (i.e., until 7/31/2019).

      Here’s another look at the above examples, including applicable Drinks Perk Reward periods and expiration dates:

      Tier Achievement Date for King of Coffee Reward King of Coffee 12/1/2016

      (Good through 11/30/2017, the anniversary of the Tier Achievement Date)
      If Member earns no new Points after 12/1/2016, Tier Achievement Date for Duke of Hot(Dog) Tier Duke of (Hot)Dog 12/1/2017

      (Good until Member earns enough Points to achieve a higher Tier)
      If Member earns 500 new Points between 12/1/2016 and 2/1/2017, Tier Achievement Date for Prince of Pastry Reward Prince of Pastry 12/1/2017

      (Good through 11/30/2018, the anniversary of the Tier Achievement Date)**

      ** If Member achieves higher Tier (King of Coffee) before 11/30/2018, as is the case in the very last row below, then the higher Tier will take precedence and Member will be able to receive the Reward for such higher Tier starting on the Tier Achievement Date for the higher Tier
      If Member earns only 499 Points between 12/1/2017 and 11/30/2018, Tier Achievement Date for Duke of Hot(Dog) Tier Duke of (Hot)Dog 12/1/2018

      (Good until Member earns enough Points to achieve a higher Tier)
      If Member earns 2,500 Points between 12/1/2017 and 8/1/2018, Tier Achievement Date for King of Coffee Tier King of Coffee 8/1/2018

      (Good through 7/31/2019, the anniversary of the Tier Achievement Date)

    2. In-App Rewards

      Based upon the number of Points you earn, you may be eligible for rewards offers through your Mobile App account for redemption of merchandise available in-store at participating RaceTrac locations (“In-App Rewards”).

    3. Coupons

      In addition, you may periodically receive coupons through the Mobile App based on your Points balance and/or your purchase activity or history. You may choose to transfer Coupons you receive to another Rewards Program member through the Mobile App only. Once a Coupon is transferred, it will no longer be in your account and cannot be reclaimed.

    Rewards and Points are not transferrable.

  2. Qualifying Products

    “Qualifying Products” means all products purchased at participating RaceTrac locations, except alcohol products, tobacco products, purchase or reload of a RaceTrac Gift Card, purchases involving redemption of Points, money orders/transfers, lottery tickets, and other services, as well as any other items specified as exclusions by RaceTrac from time to time or where prohibited by law.

  3. Earning Points on In-Store Purchases

    To earn Points for in-store purchases, members must be enrolled in the Rewards Program through the Mobile App and present your mobile device, with the barcode visible on the screen, for the cashier at a participating RaceTrac location, to scan while making your purchase of Qualifying Products at a participating RaceTrac location. For a list of participating locations, please visit www.RaceTrac.com or the “Stores” section within your Mobile App. The barcode must be scanned prior to completion of the transaction in order to earn and/or redeem Points.

  4. Earning Points At the Pump

    For purchases at the pump, Members may earn points by typing in the Member’s phone number when making a fuel purchase. The member’s phone number will need to be previously entered into the Mobile App for this functionality to be enabled (see “Enrollment” above) and for Points to be earned for such purchases.

  5. Points Calculations

    For qualifying purchases of Qualifying Products inside participating locations as well as at the pump as described above, Members may earn points as follows:

    • Members earn one (1) Point for every $0.25 spent inside a participating RaceTrac location on Qualifying Products, exclusive of sales tax.
    • Members earn one (1) Point for every one (1) gallon of fuel purchased (whether purchased inside or at the pump).
    • Point balances will be displayed in your account on the Mobile App. There may be a delay between the time of your purchase and the corresponding update to your Point total on the Mobile App available for redemption toward purchase of Qualifying Products.

Redeeming Rewards

All Rewards and Coupons redemptions are subject to availability of applicable merchandise.

  1. Drinks Perk Rewards: Your Drinks Perk Reward level will be loaded onto your account based upon your purchase activity at participating RaceTrac locations. In order to redeem your Drinks Perk Reward, you will need to present your mobile device displaying your Rewards barcode on the Mobile App to the sales associate at the time of eligible drink purchase, and the sales associate must scan the barcode.
  2. In-App Rewards: When you redeem an In-App Reward, you are redeeming the corresponding Points accrued on your account to earn such In-App Reward. (Your In-App Rewards will display the number of Points you will be redeeming if you elect to redeem the applicable In-App Reward.) Alternatively, you may choose to not redeem an In-App Reward (and associated Points) and instead continue saving such earned Points to earn different In-App Rewards. When making a purchase redeeming an In-App Reward using Points, you will need to present your mobile device displaying your Rewards barcode on the Mobile App to the sales associate at the time of eligible purchase, and the sales associate must scan the barcode.
  3. Coupons: To redeem a Coupon, you will need to present your mobile device displaying your Rewards barcode on the Mobile App to the sales associate at the time of eligible drink purchase, and the sales associate must scan the barcode.
  4. No substitutions allowed and no cash refunds allowed.
  5. Points may also be used to participate in RaceTrac’s support of the Michael J. Fox Foundation for Parkinson’s Research (MJFF). You may choose to redeem Points in exchange for a donation, made by RaceTrac, to MJFF. Donations are not tax deductible. Points are converted into a cash donation by RaceTrac to MJFF in the following amounts:
    • Donate 40 Points = $1.00 donation to MJFF
    • Donate 100 Points = $2.50 donation to MJFF
    • Donate 200 Points = $5.00 donation to MJFF
    • Donate 400 Points = $10 donation to MJFF
  6. No returns or exchanges on purchases using redeemed Points. Once Points are redeemed, Points cannot be credited back to a member’s account.

Account Inactivity

If a Member does not purchase a Qualifying Product through the Member’s Rewards Program account for a period of 12 months, Points previously earned will expire and will be removed from the Member’s account.

Member Information and Communications

By participating in the Rewards Program, you agree to receive communications and messages from us related to the Rewards Program and RaceTrac’s various goods and services via email, social media and various other channels, including in-app messages. We may use these channels to communicate your account status, notify you when you are eligible for a reward, communicate program changes, offer special promotions, coupons, information and offerings that we believe may be of interest to you, and more. Members who opt out of all marketing communications will not receive further communications, except for certain messages that pertain solely to administration of your Rewards Program account. Your information will be protected in accordance with our Privacy Policy.

Accounts and Passwords

You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account, including all orders placed through your account. You agree to notify RaceTrac immediately of any unauthorized use of your account or password. You may not use the account, user name or password of any other individual or company at any time without the express written permission and consent of the holder of the account, user name or password. RaceTrac will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Miscellaneous

  1. There is currently no membership fee associated with the Rewards Program. Points accumulated are promotional and have no cash value.
  2. Members may not sell, transfer or assign Points. (Members may transfer offers made available through the Mobile App, but only as described above in the “Earning Rewards” section.) A member may have only one Rewards Program account.
  3. We reserve the right to terminate a Member’s account and/or participation in the Rewards Program if we believe the Member has violated the Privacy Policy, these Terms of Use or any other policy or guideline pertaining to the Rewards Program; or if the use of the account is unauthorized, fraudulent or otherwise unlawful.
  4. The Rewards Program will continue until such time as RaceTrac, in its sole discretion, elects to terminate the Rewards Program. We have the right to terminate or modify the Rewards Program at any time without providing electronic or written notice.
  5. We reserve the right to offer additional and/or different Rewards Program benefits to some members based on geographic location, Rewards Program participation, purchase activity or other criteria as determined by us. Some of our special promotional offers, benefits, and communications also may be based on Member usage or purchase volume or type of purchases.

User Submissions/Proprietary Rights

RaceTrac may allow you to create, post, submit or otherwise provide content on various locations through the Mobile App (such content, “User Submissions”). All User Submissions will be considered non-confidential and non-proprietary. By posting a User Submission on or through the Mobile App, you hereby grant RaceTrac and its respective affiliates a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, worldwide, transferable license, with the right to sublicense, to use, reproduce, modify, distribute, publish, translate, perform, display, prepare derivative works of and otherwise exploit all or any portion of such User Submission in connection with the Mobile App or RaceTrac’s business, including, without limitation, for promoting and redistributing all or part of the Mobile App in any format, medium or technology now known or later developed, without notification, attribution, or any compensation or obligation to you. You understand and acknowledge that you are fully responsible for all your User Submissions, including the legality, accuracy and appropriateness thereof, and that RaceTrac may elect, but shall have no obligation, to remove any User Submissions, in whole or in part, in its sole discretion. To the extent you provide RaceTrac with ideas, suggestions, improvements or other feedback with respect to the Mobile App or RaceTrac’s business, you acknowledge and agree that we are free to use such feedback in any manner and for any purpose without compensation to you or restriction of any kind. By posting, uploading, inputting, providing or submitting your User Submission, you warrant and represent that you own or otherwise control all of the rights to your User Submission, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Submissions.

The Rewards Program is for your personal noncommercial use only. The Mobile App contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to, the information, text, software, sound, photographs, buttons, images, logos, audio clips, video materials, features, graphics and other materials on or within the Mobile App, and the entire selection, coordination, arrangement and “look and feel” of the Mobile App are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of the Mobile App transfers any right, title or interest in the Mobile App to you, and RaceTrac and its third-party licensors retain all of its and their respective Intellectual Property Rights in and to the Mobile App. Any rights not expressly granted are reserved.

Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any content or information from the Mobile App, in whole or in part, without the express written permission of RaceTrac. In addition, you shall not use any data mining, robots, or similar data gathering and extraction methods in connection with the Mobile App.

Restrictions on Use

You may not use the Mobile App or Rewards Program for any purpose that is unlawful or prohibited by these Terms. By using the Mobile App or Rewards Program, including all content and services available through it, you agree that you shall not:

  1. delete, modify, hack or attempt to change or alter any of the content on the Mobile App;
  2. use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Mobile App or servers or networks connected to the Mobile App, or take any other action that interferes with other parties’ use of the Mobile App;
  3. use any robot, spider, scraper, crawler, indexing agent or other automatic or manual device or process, except for a generally available search engine;
  4. use any RaceTrac’ names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text, or remove any copyright notice or trademark legend, attribution or other notice placed on or contained within any of the content;
  5. use any material or information, including images or photographs, which are made available through the Mobile App in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
  6. upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  7. create a false identity for the purpose of misleading others;
  8. provide false information or impersonate someone else;
  9. publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or
  10. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE REWARDS PROGRAM AND YOUR ACCESS TO AND USE OF THE MOBILE APP OR ANY CONTENT IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REWARDS PROGRAM AND THE MOBILE APP IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND RACETRAC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE REWARDS PROGRAM AND THE MOBILE APP, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, RACETRAC MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE REWARDS PROGRAM, MOBILE APP OR ANY CONTENT THEREON. RACETRAC WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE MOBILE APP, OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE MOBILE APP. RACETRAC MAKES NO WARRANTY THAT THE REWARDS PROGRAM OR MOBILE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE MOBILE APP WILL BE CORRECTED. THE MOBILE APP MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE REWARDS PROGRAM, MOBILE APP AND ASSOCIATED SERVICES AND COMMUNICATIONS, INCLUDING WITHOUT LIMITATION ADVERTISING CONTENT AND MESSAGES, ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

Limitation on Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE REWARDS PROGRAM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RACETRAC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE REWARDS PROGRAM AT ANY TIME. ADVICE RECEIVED VIA THE REWARDS PROGRAM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RACETRAC OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR SYSTEM FAILURE, DEVICE FAILURE, LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE REWARDS PROGRAM, THE MOBILE APP, THESE TERMS, OR YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE REWARDS PROGRAM, MOBILE APP OR ANY CONTENT AVAILABLE ON OR THROUGH THE MOBILE APP, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RACETRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTIVITY PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABIILTY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

If, notwithstanding the other provisions of these Terms, RaceTrac is found to be liable to you or any third party for any damage or loss which arises out of your use of the Mobile App or any content or services provided or made available in connection with the Mobile App, RaceTrac’ liability shall in no event exceed the greater of (a) the total of the purchases of Qualifying Products made by you at participating RaceTrac locations to earn Points toward your account in the six (6) months prior to the date of the initial claim made against RaceTrac, or (b) $100.00.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless RaceTrac and its respective officers, directors, shareholders, employees and agents, from and against any and all claims, demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs of litigation) arising out of or in connection with your breach of these Terms of Use; your User Submissions; your use of or access to the Rewards Program or Mobile App; and your violation of any law or the rights of any third party. RaceTrac reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with RaceTrac’s defense of any such claim.

Governing Law

These Terms of Use and all claims or causes of action related to or arising in connection with these Terms of Use or the Rewards Program shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its principles of conflicts of laws.

Dispute Resolution

YOU HEREBY AGREE AND CONSENT TO WAIVE YOUR RIGHT TO PURSUE A CLAIM BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING.

THE USE OF THE REWARDS PROGRAM REQUIRES THE INDIVIDUAL ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES. SUBJECT TO THIS SECTION, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE SUCH CLAIM OR DISPUTE: (1) IN COURT; (2) BEFORE A JUDGE OR JURY; OR (3) IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

You agree that any dispute arising out of or relating in any way to your use of the Rewards Program requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate RaceTrac’s Intellectual Property Rights, RaceTrac may seek injunctive or other appropriate relief. The arbitration shall be conducted before three (3) neutral arbitrators Cobb County, Georgia, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. If you initiate arbitration, you will be responsible for paying a filing fee. The arbitrator will have the authority to waive this filing fee if you can prove financial hardship. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THE REWARDS PROGRAM REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents: (a) to the non-exclusive jurisdiction of the state or federal courts located in Cobb County, Georgia for any action (i) to compel arbitration; (ii) to enforce any award of the arbitrators; or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies; and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Dispute Resolution section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Cobb County, Georgia and each party hereby irrevocably and unconditionally waives any defense related to personal jurisdiction, process or venue.

Notices And Procedure For Making Claims Of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2) (or the Digital Millennium Copyright Act (“DMCA”)), notifications of claimed copyright infringement under United States copyright law should be sent to RaceTrac's designated agent at legalnotices@racetrac.com. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

RaceTrac will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. When notifying RaceTrac of the alleged copyright infringement, please include all of the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
  2. identification of the copyrighted work alleged to have been infringed;
  3. a description of the material that is claimed to be infringing and information sufficient to locate the material on the Sites;
  4. information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
  5. a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

If material is believed in good faith by RaceTrac to infringe a copyright or otherwise violate any intellectual property rights, RaceTrac will remove or disable access to any such material.

General

The delay or failure by RaceTrac to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of these Terms of Use as reflected in the provision, and that the other provisions of these Terms of Use shall remain in full force and effect. These Terms of Use, and any rights and licenses granted hereunder, may not be assigned or transferred by you (and any attempt to do so shall be null and void). RaceTrac may assign its rights and/or delegate its duties under these Terms of Use without restriction and without your consent or notice to you. These Terms and the Privacy Policy as posted from time to time by RaceTrac on the Mobile App, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

If you have any questions about these Terms of Use, please refer to the FAQs at www.RaceTrac.com or contact RaceTrac at guest@RaceTrac.com.

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