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.
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.
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.
SERVICE CONTACT: email@example.com
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.
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
Effective as of January 28, 2020
We may collect personal information as a result of your use of the Rewards Program and Rewards System, 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 Rewards System. 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. This policy may be updated from time to time at our discretion.
To become a member in the Rewards Program, you must complete the following steps:
- Initial Enrollment:
- Download the RaceTrac application (the “Mobile App”) to your Android™ or iPhone® device or access the RaceTrac Web Site.
- Follow the prompts to create an account using a valid email address and password.
- Start earning Points on qualifying purchases made inside a RaceTrac location (see “Earning Points” below for further details).
- Full Enrollment:
- Go to “Account Preferences” within your Rewards System account.
- Complete all sections, including “Tell us More” within your account.
- Start using your phone number, registered within your Account Preferences, to be eligible to earn Points on your purchases at the pump.
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.
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 1-888-636-5589 for customer service. Member should promptly update account information with any changes, such as updated name, telephone numbers, and email address by updating your account settings.
- 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-System 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.
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:
Multiplier in store
Multiplier at pump
Number of Points earned during relevant period to achieve Tier†
Duke of (Hot)Dog
$0.25 = 1 pt
1 gallon = 1 pt
Prince of Pastry
$0.25 = 1 pt
1 gallon = 1 pt
1 free medium fountain, frozen or small 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
1 free medium fountain, frozen or small coffee drink* per week for 12 months beginning as of the date Member first earned an additional 1500 Points (Total: 2000 Points) after achieving the Prince of Pastry Tier
Sultan of Soda
$0.25 = 1 pt
1 gallon = 1 pt
1 free medium fountain, frozen or small coffee drink* per day for 12 months beginning as of the date Member first earned an additional 1,500 Points (Total: 3500 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
If Member earns no new Points after 12/1/2016, Tier Achievement Date for Duke of Hot(Dog) Tier
Duke of (Hot)Dog
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
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
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
Based upon the number of Points you earn, you may be eligible for rewards offers through your RaceTrac Rewards account for redemption of merchandise available in-store at participating RaceTrac locations (“In-System Rewards”).
In addition, you may periodically receive coupons through the Rewards System 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 Rewards System only. Once a Coupon is transferred, it will no longer be in your account and cannot be reclaimed.
Rewards and Points are not transferrable.
- 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.
- Earning Points on In-Store Purchases
To earn Points for in-store purchases, members must be enrolled in the Rewards Program through the Rewards System 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.
*Certain locations may have cashier stations which do not have functionality to award points. Please ask your cashier if you have questions or if you are not prompted to present your mobile device or phone number.
- 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 Rewards System for this functionality to be enabled (see “Enrollment” above) and for Points to be earned for such purchases.
From time to time, due to technical or other difficulties, certain fuel pumps may not allow a Member to enter the Member’s phone number and earn points at the pump. If you are not prompted to enter your phone number to earn points at a fuel pump, please pay inside the store to be awarded your points.
- 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 Rewards System. There may be a delay between the time of your purchase and the corresponding update to your Point total on the Rewards System available for redemption toward purchase of Qualifying Products.
All Rewards and Coupons redemptions are subject to availability of applicable merchandise.
- 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.
- In-System Rewards: When you redeem an In-System Reward, you are redeeming the corresponding Points accrued on your account to earn such In-System Reward. (Your In-System Rewards will display the number of Points you will be redeeming if you elect to redeem the applicable In-System Reward.) Alternatively, you may choose to not redeem an In-System Reward (and associated Points) and instead continue saving such earned Points to earn different In-System Rewards. When making a purchase redeeming an In-System 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.
- 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.
- No substitutions allowed and no cash refunds allowed.
- No returns or exchanges on purchases using redeemed Points. Once Points are redeemed, Points cannot be credited back to a member’s account.
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
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.
- There is currently no membership fee associated with the Rewards Program. Points accumulated are promotional and have no cash value.
- Members may not sell, transfer or assign Points. (Members may transfer offers made available through the Rewards System, but only as described above in the “Earning Rewards” section.) A member may have only one Rewards Program account.
- 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.
- 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 Rewards System (such content, “User Submissions”). All User Submissions will be considered non-confidential and non-proprietary. By posting a User Submission on or through the Rewards System, 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 Rewards System or RaceTrac’s business, including, without limitation, for promoting and redistributing all or part of the Rewards System 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 Rewards System 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 Rewards System 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 Rewards System, and the entire selection, coordination, arrangement and “look and feel” of the Rewards System are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of the Rewards System transfers any right, title or interest in the Rewards System to you, and RaceTrac and its third-party licensors retain all of its and their respective Intellectual Property Rights in and to the Rewards System. 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 Rewards System, 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 Rewards System.
Restrictions on Use
You may not use the Rewards System or Rewards Program for any purpose that is unlawful or prohibited by these Terms. By using the Rewards System or Rewards Program, including all content and services available through it, you agree that you shall not:
- delete, modify, hack or attempt to change or alter any of the content on the Rewards System;
- use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Rewards System or servers or networks connected to the Rewards System, or take any other action that interferes with other parties’ use of the Rewards System;
- use any robot, spider, scraper, crawler, indexing agent or other automatic or manual device or process, except for a generally available search engine;
- 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;
- use any material or information, including images or photographs, which are made available through the Rewards System in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- 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;
- create a false identity for the purpose of misleading others;
- provide false information or impersonate someone else;
- publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or
- 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 Rewards System 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 REWARDS SYSTEM 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 REWARDS SYSTEM, 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, REWARDS SYSTEM 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 REWARDS SYSTEM, OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE REWARDS SYSTEM. RACETRAC MAKES NO WARRANTY THAT THE REWARDS PROGRAM OR REWARDS SYSTEM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE REWARDS SYSTEM WILL BE CORRECTED. THE REWARDS SYSTEM 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, REWARDS SYSTEM 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 REWARDS SYSTEM, THESE TERMS, OR YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE REWARDS PROGRAM, REWARDS SYSTEM OR ANY CONTENT AVAILABLE ON OR THROUGH THE REWARDS SYSTEM, 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 Rewards System or any content or services provided or made available in connection with the Rewards System, 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.
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. 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:
- 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;
- identification of the copyrighted work alleged to have been infringed;
- a description of the material that is claimed to be infringing and information sufficient to locate the material on the Sites;
- information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
- 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
- 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.