Fuel Rewards® Program Terms  |  Dining Program Terms

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Effective as of May 15, 2018

Fuel Rewards® Program Terms and Conditions

(including arbitration agreement)

These Fuel Rewards® program Terms and Conditions and any additional terms and conditions that are established and required by Excentus and applicable to certain programs or offers in which you may elect to participate as part of the Fuel Rewards® program ("Terms and Conditions") govern the terms and conditions on which an individual ("you") may participate in the Fuel Rewards® program, also known as the Fuel Rewards Network® program (“Fuel Rewards® Program”). The Fuel Rewards® Program is owned and operated by Excentus Corporation ("Excentus", "us", "our", "we").

In connection with the Fuel Rewards® Program, Excentus operates the website, fuelrewards.com, and the Excentus mobile applications and mobile websites (collectively, the " Fuel Rewards® Site").

By enrolling in the Fuel Rewards® Program, using the Fuel Rewards® Site and/or Excentus' services through the Fuel Rewards® Site, participating in the Fuel Rewards® Program or by clicking on the "I agree to the Terms and Conditions," you agree that you have read and understand these Terms and Conditions.  

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

Please see our Privacy Policy for information on our use and disclosure of personal information that may be collected by Excentus and our affiliates.

Please review any additional terms and conditions that are provided by participating retailers, online merchants, manufacturers, restaurants, bars, clubs, the administrator of the Dining program, the administrator of the Fuel Rewards® travel site found at www.fuelrewards.com/travel (“Fuel Rewards Travel Site”), and other participants who issue and/or fund Rewards (“Issuing Participants”) and participating fuel stations who redeem Rewards (“Redeeming Participants”) in the Fuel Rewards® Program (“Additional Terms and Conditions”). Subject to and without limiting the terms and conditions hereunder, you agree to comply with such Additional Terms and Conditions, and your participation in and use of the Fuel Rewards® Program is subject to such Additional Terms and Conditions.  The Additional Terms and Conditions for Issuing Participants can be obtained through one or more of the following means:   by visiting the Issuing Participant’s website; by calling the telephone number found at the Issuing Participant’s website; by visiting the customer support counter at the participating retail location; or by contacting the Issuing Participant's customer support department.  The Additional Terms and Conditions for participation in the Shell® Fuel Rewards® program can be found here.  The Additional Terms and Conditions for participation in the Dining program can be found here.  The Additional Terms and Conditions for participation in the Fuel Rewards Travel Site can be found here.  Additional Terms and Conditions applicable to certain other programs or offers are described at www.fuelrewards.com, or in material provided in connection with a promotion or offer.

Changes to Terms and Conditions

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

Participation in the Fuel Rewards® Program

When you enroll in the Fuel Rewards® Program as a member ("Member") you are able to collect cents per gallon rewards ("Rewards") by, among other things, purchasing qualified products at participating retail locations and websites, and to redeem the Rewards for discounts on gasoline at participating fuel sites.
To enroll, you must meet the terms for participation established by us to obtain an Fuel Rewards® Program card ("Fuel Rewards® Card") or authorized alternate identification number (“Alt ID”), or the terms established by an Issuing Participant to obtain an Issuing Participant card ("Participant Card"). 

Limited Membership

If you joined the Fuel Rewards® Program by entering only your phone number on the pin pad at a Shell station, you are eligible only to receive a temporary $0.05/gallon offer.  You can continue receiving temporary fuel savings until you complete registration however you must first select Rewards / Fuel Rewards / Alt ID at the pin pad and enter 37 before your phone number (“Trial Offer”).  You are not eligible for any additional opportunities to earn or redeem Rewards until you fully register through the Fuel Rewards® mobile application or on the Fuel Rewards® Site.  The Trial Offer is a limited time offer and may be changed or updated at any time, at our sole discretion.

Your Account

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

Earning Rewards

You can earn Rewards in the Fuel Rewards® Program in many ways including but not limited to the following:

  • Rewards may be earned by purchasing qualified products at participating Fuel Rewards® Program retail locations.
  • Rewards may be earned by purchasing qualified products or services and entering a Fuel Rewards® Program Rewards Code obtained through the purchase of such qualified products on the Fuel Rewards® Site. 
  • Rewards may be earned by purchasing qualified products and services at participating Shell stations through the Shell® Fuel Rewards® program.
  • Rewards may be earned by making purchases at the participating online merchants accessed through affiliate marketing links on the Fuel Rewards® Site (“Online Shopping”).
  • Rewards may be earned by making certain purchases through card-link enabled offers by using an eligible MasterCard International Incorporated (“MasterCard”), Visa U.S.A. Inc. (“Visa”), or American Express Company (“American Express”) payment card that you have linked to your Account (“Registered MasterCard,” “Registered Visa,” or “Registered American Express” respectively; also referred to herein as “Registered Payment Card”). To unlink a Registered Payment Card, visit the My Cards page and select the “remove” button to the right of the applicable Registered Payment Card. 
  • Rewards may be earned by making certain purchases at restaurants, bars and clubs participating in Dining powered by Rewards Network by using a Registered Payment Card. For specific terms and conditions on the use of your payment cards and earning Rewards in connection with the Dining program, please click here.  To opt out of the Dining program, visit your account settings. 
  • Rewards may be earned by making certain purchases at participating Fuel Rewards® locations using your Registered MasterCard through MasterCard limited-time offers and bonuses. For specific terms and conditions on the use of your MasterCard payment card in connection with the Fuel Rewards® Program MasterCard offers, please click here.
  • Rewards may be earned by using a Single Swipe (as defined below) enabled payment card to purchase qualified products at participating Fuel Rewards® Program retail locations. To disable the Single Swipe feature for a Registered Payment Card, visit the My Cards page and deselect the “Use this card to redeem rewards” button next to the Registered Payment Card.
  • Rewards may be earned through participating in certain sweepstakes, contests or promotions or taking certain actions.

Our Fuel Rewards® Program entitles you to earn Rewards only from Issuing Participants in the United States and payment cards issued in the United States. Specific offers, terms and conditions and expiration details for how to earn Rewards are described at www.fuelrewards.com or in material provided in connection with a promotion or offer.
In order to be eligible to earn Rewards, you must identify yourself as a Member by presenting your Fuel Rewards® Card, Alt ID, Participant Card, Registered Payment Card, Single Swipe enabled payment card or required information regarding your membership in the Fuel Rewards® Program, as applicable, when dealing with Issuing Participants. Although each Online Shopping transaction is made directly through an individual online merchant's website, you must access the online merchants through the Fuel Rewards® Site to earn Rewards for making purchases from the online merchants. In order to be eligible to earn Rewards, you must present a Registered Payment Card when paying for purchases at restaurants, bars and clubs participating in Dining and when paying for purchases made through other card-link enabled offers. In order to be eligible to earn rewards with a Registered Payment Card, (i) you must present your card or account number to the participating merchant, and (ii) your account must be open and in good standing (i.e., not in default).  In order to be eligible to earn Rewards through a Fuel Rewards® Program Rewards Code, you must enter the Fuel Rewards® Program Rewards Code at fuelrewards.com.  Fuel Rewards® Program Rewards Codes are void if (a) not obtained in accordance with these Terms and Conditions and any Additional Terms and Conditions, and through legitimate channels, (b) any part of a Fuel Rewards® Program Rewards Code or the packaging on which it is printed is counterfeit, altered, defective, tampered with or irregular in any way, or (c) obtained as the result of a sale or transfer which Excentus or the Issuing Participant determines, in its sole discretion, is in violation of these Terms and Conditions, any Additional Terms and Conditions, or the objectives of the applicable promotion or offer.

To participate in card-link enabled offers, Excentus needs to access your transaction related information (“Transaction Information”) from third-party card issuers, networks, providers, platforms, processors, or transaction facilitators or point-of-sale systems (i.e., MasterCard, Visa, American Express, etc.) (“Transaction Information Providers”). Transaction Information may include, but is not limited to, the name of the merchants, retailers, restaurants, bars, etc. that are providing the purchased products or services, the dates and times of your purchases or returns of products and services, the location of your purchases or returns, the amount of your purchases and the products or services purchased using your Registered Payment Card.  By linking your payment card to your Account, you are expressly authorizing Excentus to access or otherwise receive your Transaction Information from the Transaction Information Providers, and to use the Transaction Information to determine any Rewards that you are eligible to receive.  In addition, Excentus may engage third party marketers (“Third Party Marketers”) to introduce Excentus to potential Issuing Participants who may want to provide card-link enabled offers to you.  Excentus and Transaction Information Providers may provide such Third Party Marketers Transaction Information (e.g., merchant ID, merchant location ID, last 4 digits of your Registered Payment Card, dollar amount cleared and settled, and date of the settled transaction).  The Third Party Marketer may use this information for the sole purpose of invoicing the Issuing Participants introduced to Excentus for card-link enabled offers you participate in, and may not use this information for any other purpose.

Unless you have opted out of the Dining program, you are expressly authorizing Excentus to provide your Registered Payment Card number to Rewards Network to allow Rewards Network to obtain Transaction Information from Transaction Information Providers to determine any Rewards you are eligible to receive.

Certain limitations apply regarding MasterCard and Visa as Transaction Information Providers. MasterCard will, for example, not provide Transaction Information (i) for transactions using a business or commercial MasterCard card or a MasterCard government or payroll card, (ii) for PIN-based or ATM-based purchase transactions, or (iii) for credit or signature-debit card purchase transactions that are not processed on MasterCard’s GCMS platform transaction processing system. Visa will not, for example, provide Transaction Information for transactions that are routed by Issuing Participants to other payment processors or that are otherwise not processed on the Visa payment system, transactions on prepaid cards (including Visa gift cards, Visa Buxx, Flexible Spending Account (FSA) Visa cards, EBT Visa cards) or transactions in certain restricted merchant categories as determined by Visa. Not all Visa cards are eligible, and Visa may be unable to track and provide Transaction Information for every transaction made with a Registered Visa Card, including PIN-based purchases, purchases initiated through identification technology that substitutes for a PIN, payments of existing card balances, balance transfers, cash advances, ATM transactions, convenience checks, payments made for pre-paid and re-loadable cards such as certain gift cards, Visa Buxx and similar cards, payments made for payment instruments that can be readily converted to cash (for example, travelers cheques, money orders, wire transfers, and similar products or services). Such limitations, and other limitations imposed from time to time in connection with any Transaction Information Provider, may affect your eligibility to receive Rewards. Do not use a Personal Identification Number (PIN) when paying for your purchases with your Registered Payment Card if you want the transaction to count toward your Reward progress.

Rewards that you accrue as a result of your transactions with Issuing Participants will be posted to your Account, and a summary of activity in your Account will be displayed on the Fuel Rewards® Site.  Rewards will normally be posted to your Account within 4 to 5 days from the date of your purchase from an Issuing Participant, but may be posted to your Account at a later time depending on the Issuing Participant or the applicable offer. We do not assume any liability for the failure of Rewards to post to your Account in a timely manner.  Rewards earned as a result of transactions with Issuing Participants expire in accordance with the terms of the applicable offer.

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

We will credit your Account with only those Rewards you earn by dealing with Issuing Participants in good standing with us, and may require Issuing Participant authorization to do so. We are not responsible if an Issuing Participant delays or fails to make such an authorization or for any other delay in recording Rewards in your Account.
We are not responsible if an Issuing Participant delays or fails to make adjustments to your Account regarding a disputed Reward or for any other delay in recording Rewards in your Account. Some locations of a participating retailer, restaurant, bar or club may not participate in the Fuel Rewards® Program or may participate only at certain times. We may refuse to record or honor Rewards in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded Rewards if the Issuing Participant does not pay the amounts owed to us or tells us to cancel the Rewards (for example, because you returned or did not pay for products or services for which the Rewards were issued). Issuing Participants will determine the conditions under which they will permit you to earn Rewards and may change those conditions at any time and without notice. Neither we nor any Issuing Participant is responsible for any offer or Reward which is no longer in effect.  Excentus is not responsible for changes to, or discontinuance of, any special offer, promotion, or Fuel Rewards® Program Rewards Code offered by an Issuing Participant.  Excentus is not responsible for changes to, or discontinuance of, any Issuing Participant or Redeeming Participant, or for any Issuing Participant or Redeeming Participant withdrawing from the Fuel Rewards® Program, or for any effect on accrual of Rewards, or ability to redeem Rewards, caused by such changes, discontinuance, or withdrawal. 

If you believe that any Account summary showing the number of Rewards in your Account is in error or have a dispute regarding Rewards, you must notify us at the Member Support Helpdesk within 60 days of the date the purchase was made or it will be deemed correct. You may be required to submit documentation to support your claim.
Fuel Rewards® Cards, Alt IDs and Participant Cards, and all rights relating to them, are and will remain the property of Excentus or the applicable Issuing Participant. You may not offer for sale, sell, exchange, give, charge or otherwise dispose of any Reward. You are responsible for all taxes payable due to your participation in the Fuel Rewards® Program.

Adjustments

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

Redemption of Rewards

To redeem Rewards, you must present your Fuel Rewards® Card or Participant Card or enter your Alt ID when purchasing fuel at Redeeming Participants.  Additionally, once your Account is established, you may link a credit card to your Account and use of that credit card may be used in place of swiping your Fuel Rewards® Card or entering your Alt ID (“Single Swipe”).  Your Reward will automatically be applied to the transaction either by reducing the per-gallon price of the fuel by the amount of the Rewards you have earned prior to dispensing fuel or by applying the appropriate Reward amount to the total transaction (where this feature is available) after dispensing fuel once your Reward balance is transmitted to the Redeeming Participant. Fuel savings are limited to twenty (20) gallons of fuel per purchase per vehicle or fraud limits placed by the Redeeming Participant and/or limits placed on your payment card by your financial institution, each of which may be lower. Due to the technical capabilities at the pump, there may be a minimum charge per gallon of fuel purchased ranging from .010 to .109 dollars (i.e., 1 to 10.9 cents per gallon) regardless of redeemable Fuel Rewards® savings available. For purchases of $75 or more, you may be required to go inside to pay. Unbranded diesel and alternative fuels may not be eligible.

Once you begin to dispense fuel using a Reward, you must dispense to the gallon limit or you forfeit any remaining Reward balance, except in the case of a carry-over transaction as described below. For example, if you only pump fifteen (15) gallons of fuel, when the gallon limit was twenty (20) gallons, you would abandon the remaining five (5) gallons worth of Reward balance.

If you have a Reward balance greater than the current per-gallon price of fuel, the price will roll down to the maximum capability of the fuel equipment, and your remaining Reward balance will be saved for a future fuel purchase. For example, if you have a $3.00 per gallon Reward, the price of fuel is $2.50 and the fuel equipment has a minimum required price per gallon of 10¢, you could redeem $2.50 and retain a 50¢ per gallon Reward (the $3.00 per gallon Reward minus the $2.50 actually redeemed). You would be responsible for paying the minimum required price per gallon of 10¢.  In the event of a carry-over transaction, the Rewards are extinguished based on the order in which they were issued, with the oldest being extinguished first, and the carry over rewards are subject to their original expiration limits.

If paying using multiple forms of tender (i.e., gift card and credit card or cash, multiple credit cards), please go inside to pay in order to redeem the full value of the Fuel Rewards® savings.

Rewards earned through the Shell® Fuel Rewards® program can only be redeemed at Shell stations that are participating in the Fuel Rewards® Program and cannot be redeemed at any non-Shell branded fuel station also participating in the Fuel Rewards® Program.

Rewards earned through the Fuel Rewards® Program cannot be combined with rewards earned through separate loyalty programs including those with a non-participating Fuel Rewards® Program grocer.

Any rewards earned through any participating non-Shell convenience store rewards program cannot be redeemed by any Shell station participating in the Fuel Rewards® Program.

For markets where Shell runs a separate loyalty program with a non-participating Fuel Rewards® Program grocer, only Rewards earned through the Dining, Online Shopping, Fuel Rewards Travel Site, Rewards Codes,   and other card-link enabled offers and Shell® Fuel Rewards® programs can be redeemed at Shell stations also participating in the Fuel Rewards® Program in those markets, and any rewards being redeemed in those markets that were earned through a participating Fuel Rewards® Program grocer rewards program must be redeemed at a participating Fuel Rewards® Program non-Shell fuel station in those markets.

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

Disclaimers

NO REWARD MAY BE REDEEMED UNTIL IT HAS BEEN CREDITED TO THE MEMBER'S ACCOUNT. REWARDS HAVE NO CASH, MONETARY OR OTHER VALUE, CANNOT BE CONVERTED INTO ANY CURRENCY, CANNOT BE APPLIED AS CREDIT TO ANY PAYMENT CARD STATEMENT, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS OR OFFERS ESTABLISHED BY US OR AN ISSUING PARTICIPANT. Transactions upon which Rewards are earned or redeemed are made directly with an Issuing Participant or Redeeming Participant, and Excentus has no responsibility for the design, delivery, use, standard, quality or otherwise of any goods or services sold by Issuing Participants or Redeeming Participants through the use of the Fuel Rewards® Program. These transactions and all Rewards are subject to all applicable legal rules and the terms and conditions set by the Issuing Participants and Redeeming Participants.

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

Member Obligations

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

You may post reviews, comments, photos, and other content; and make other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is in compliance with the rules and conventions for postings not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, advertising, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, create an account for anyone other than yourself without permission, use an e-mail address that is subject to any rights of a person other than you without appropriate authorization, use an e-mail address that is a name that is offensive, vulgar or obscene, impersonate any person or entity, or otherwise mislead as to the origin of any content.

If you do post content or submit information or material to the Fuel Rewards® Site, Linked Sites (as defined below), through social media accounts administered by Excentus, through email directed to us, through blogs, or through other communications, and unless we indicate otherwise, you grant to Excentus a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exploit (including without limitation, for purposes of promoting Excentus, the Issuing Participants and the Redeeming Participants, and promoting and redistributing part or all of the Fuel Rewards® Program) such content, information and material, with or without the name that you submit in connection with such content, information or material, throughout the world in any media now known or later developed. You represent and warrant that you own or otherwise control all of the rights to the content, information and material that you post; that such content, information and material is accurate; that use of such content, information and material does not violate these Terms and Conditions or the rights of any third party, and will not cause injury to any person or entity.

Excentus has the right but not the obligation to monitor and edit or remove any activity or content. Excentus takes no responsibility and assumes no liability for any content posted by you or any third party.

Ownership and Trademarks

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

Without the prior written consent of Excentus, you are strictly prohibited from, including, without limitation, modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directories, databases, listing or software obtained from the Fuel Rewards® Program or the Fuel Rewards® Site. Systematic retrieval of content from the Fuel Rewards® Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Fuel Rewards® Site without written permission from Excentus is strictly prohibited.

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

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

Copyright Infringement Claims

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

Excentus Corporation
Attn: General Counsel 
14241 Dallas Parkway, Suite 400 
Dallas, TX 75254
Phone:  972-793-8600
Fax: 972-793-6712
Email: dmcaagent@excentus.com
Communications

We may send you certain Fuel Rewards® Program information that can include periodic statements of your Account and other information necessary for administration; promotional communications which will inform you of special offers and products we believe would be of interest to you; and promotional communications from third parties, including the Issuing Participants and Redeeming Participants, that have a relationship with the Fuel Rewards® Program.  As a member in the Fuel Rewards® Program, you may have consented to receive all of the kinds of information described above. If, at any time, you wish to no longer receive promotional communications relating to the Fuel Rewards® Program, you may opt out of the receipt of such promotional communications by clicking on the opt-out link provided at the bottom of each e-mail or by contacting our Member Support Helpdesk.  Requests to be unsubscribed or to opt out of promotional communications will be processed promptly, however, you may be included in the selection for additional promotional communications for a short period of time after you make your request. We reserve the right to send out certain communications, including by email and/or regular mail, relating to membership information, and administrative messages that are considered part of your Account (including communications informing you when you have linked or unlinked a payment card to your Account), without offering you the opportunity to opt out of receiving them.  Excentus is not responsible and shall have no liability for any promotional or other communications sent to you by Issuing Participants or Redeeming Participants.

Collection and Use of Certain Information

You acknowledge that in order to operate the Fuel Rewards® Program, we will collect information about you, your participation in the Fuel Rewards® Program and your purchases from Issuing Participants. You authorize Issuing Participants and their respective agents to disclose to us any and all information with respect to your purchases from such Issuing Participant, including but not limited to information regarding purchases made, products ordered, order number, the time and date the purchase occurred, and the email entered for the purchase. You agree to hold us harmless for any information so disclosed to us.
You authorize us to use any such information and to disclose such information (i) to our representatives and agents in order to administer the Fuel Rewards® Program, (ii) to third parties, where necessary or convenient for transfer or redemption of your accumulated Rewards or otherwise in connection with the Fuel Rewards® Program, (iii) to Issuing Participants and participating Shell® stations who are investigating potential fraud or abuse; and (iv) otherwise in accordance with the terms of the Privacy Policy.

Discontinuation or Suspension of Use

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

Limitation of Liability

NEITHER WE, OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS, ANY TRANSACTION INFORMATION PROVIDER, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, JOINT VENTURES, REPRESENTATIVES OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS ARISING OUT OF OR RELATED TO THE FUEL REWARDS® SITE, THE FUEL REWARDS® PROGRAM OR YOUR PARTICIPATION IN THE FUEL REWARDS® PROGRAM, INCLUDING WITHOUT LIMITATION: (I) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE FUEL REWARDS® PROGRAM OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM REWARDS; (II) UNAUTHORIZED USE OF YOUR ACCOUNT, YOUR FUEL REWARDS® CARD, ALT ID OR PARTICIPANT CARD OR PIN; (III) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE FUEL REWARDS® PROGRAM MADE BY AN ISSUING PARTICIPANT OR REDEEMING PARTICIPANT OR ANY OF THEIR SUPPLIERS, OR ANY OTHER PERSON; OR (IV) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF ISSUING PARTICIPANTS OR REDEEMING PARTICIPANTS. THIS APPLIES EVEN IF WE, OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS OR OUR OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, AND THE MAXIMUM LIABILITY OF OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS AND DIRECTORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY DOLLARS ($50.00).

Indemnification

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

Release

By participating in the Fuel Rewards® Program, you release Excentus and its affiliates and the Issuing Participants, Redeeming Participants and the Transaction Information Providers from any injury or harm that may arise from participation in the Fuel Rewards® Program.
You may find content to be offensive, harmful or inaccurate. You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users, you release Excentus, the Issuing Participants, the Redeeming Participants and the Transaction Information Providers (and its and their officers, directors, employees, affiliates, parent companies, joint ventures, representatives and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
California Civil Code Waiver. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Termination, Changes and Breach

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

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

License and Fuel Rewards® Site Access

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

Availability of the Fuel Rewards® Site

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

Security of the Fuel Rewards® Site

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

Linked Internet websites and other platforms

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

The Online Shopping site found at shop.fuelrewards.com (“Online Shopping Site”) is operated by Excentus via affiliate marketing networks. Use of the Online Shopping Site and all transactions conducted via the Online Shopping Site are subject to the terms and conditions and privacy policies established by Excentus and each individual online merchant. Each Online Shopping transaction is made directly through an individual online merchant’s website, but you must access the online merchant through the Online Shopping Site to earn Rewards for your purchase. Excentus will have no responsibility or liability with respect to any Rewards earned in connection with a transaction conducted on the Online Shopping Site, or the information collection, usage, disclosure or security practices of each individual online merchant. 

Your name, e-mail address, postal address, telephone number and payment card number provided to Excentus when you link your payment card to your Account shall also be sent to Rewards Network Inc. (“Rewards Network”), including for use in administering the Dining Program and in targeting personalized offers in connection with all rewards programs administered by Rewards Network; you acknowledge and agree that the use and disclosure of such information by Rewards Network will be subject to the privacy policy of Rewards Network and not Excentus. In addition, the Dining site found at dining.fuelrewards.com ("Dining Site"), which is accessible via hyperlink from the Fuel Rewards® Site, is operated by Rewards Network, not by Excentus.  Use of the Dining Site and all transactions conducted via the Dining Site are subject to the applicable terms and conditions established by Rewards Network, and you agree to comply with such terms and conditions to the extent that such terms and conditions do not conflict with any other provision herein. In addition, any information provided on or through the Dining Site is subject to the privacy policy of Rewards Network and not Excentus.  We are not responsible for the information collection, usage and disclosure practices of Rewards Network. Neither Excentus nor any Issuing Participant or Redeeming Participant (other than Rewards Network) will have any liability with respect to the Dining Site.

General

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

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

Must Be At Least 18 Years Old to Use The Fuel Rewards® Site

At the Fuel Rewards® Site, Excentus makes no active effort to collect personal information from individuals under the age of 18. Although Excentus requires that users must be at least eighteen (18) years of age or older, you must nonetheless ensure that content you provide is acceptable for viewing by users who might not be adults.

Jurisdiction

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

Not Authorized to Do Business In Every Jurisdiction

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

English Language

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

Arbitration

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

Third Party Beneficiaries

The provisions of these Terms and Conditions are for the benefit of Excentus and you and not for any other person or entity; provided, however, that the Issuing Participants, Redeeming Participants and Transaction Information Providers shall be third party beneficiaries of the Disclaimers, Limitation of Liability, Indemnification, Arbitration, and Release provisions of these Terms and Conditions.

Excentus Corporation
14241 Dallas Parkway
Suite 400
Dallas, Texas, 75254 USA

©2012–2018 Excentus Corporation. All rights reserved.

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Fuel Rewards® Dining
Terms of Use

Effective date: May 5, 2017

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

Rewards Network Establishment Services Inc. and its affiliates (“we”, “us” and “our”) have collaborated with Excentus Corporation (“Rewards Issuer”) to provide Fuel Rewards® Dining (“Program”). By accessing this website or mobile application (collectively, “Site”) and/or participating in the Program, you agree to these terms of use, including our privacy policy. (“Terms”). Please read these Terms carefully as they contain very important information about terms applicable to use of the Site and participation in the Program. These Terms are between you and us, and there are no third party beneficiaries of these Terms. THESE TERMS CONTAIN AN ARBITRATION PROVISION.

You may visit this Site without registering or providing us any information. Participation in the Program will require enrollment in the Program and enrollment of your personal information as described herein. If you do not agree to these Terms, please exit this Site and, if you are enrolled in the Program, cancel your enrollment by following the instructions in the “Cancellation and Termination” section of these Terms.

Privacy Disclosure

Changes to Terms

Program Rewards

Reward Limitations and Restrictions

Limits on Registered Cards

Use of the Site

Limited License

Copyright Notice

User Conduct

Warranty Disclaimer

Limitation on Damages

Indemnity

Mandatory Arbitration

Enforcement and Choice of Law

Cancellation and Termination

Contact Us

 

Privacy Disclosure:

In addition to these Terms, our Privacy Disclosure, which describes what information we collect about you and how we use it and share it, governs your use of the Site and enrollment in the Program.

Changes to Terms:

We reserve the right, at our sole discretion, to modify, add, or remove any portion of these Terms in whole or in part, at any time. Modifications will be posted on the Site and will be effective immediately upon posting, and we will otherwise strive to provide you notice of such changes. Any use of the Site or any service provided via the Site following such change constitutes your agreement to the change. Online modifications and amendments supersede any printed version/copy of these policies, terms, and conditions.

Program Rewards:

When you have a qualifying purchase at a Participating Merchant with an eligible credit or debit card that you have enrolled in the Program (“Registered Card”), we will work with Rewards Issuer for Rewards Issuer to award you the reward stated on the Program website or promotional materials, subject to the terms and conditions stated on the website or promotional materials. See “HOW IT WORKS” for more information on rewards requirements and benefits. You authorize the applicable Payment Card Network (as defined below) to share with us Registered Card purchase or return transaction information, such as the time, date and amount, at Participating Merchants.

Reward Limitations and Restrictions:

Not all purchases at Participating Merchants will yield rewards. You will not receive rewards for a purchase from a Participating Merchant unless your purchase with your Registered Card meets the terms of a qualifying purchase. Purchases with your Registered Card at a Participating Merchant may be qualifying only up to a specified dollar amount, or only if made during certain time periods on specified days, or may be subject to other restrictions included on the Site. You should refer to the Participating Merchant’s details web page on the Site or, for a promotional offer, the terms stated on the promotion, for the specific terms applicable for a qualifying purchase. Other conditions for earning rewards (for example, submission of a survey within a specified time period or building a minimum amount of rewards within a specified period of time) may be applicable.

Not all payment cards are eligible to participate in the Program. Certain payment cards (such as gift cards, flexible spending accounts or EBT cards) may not be processed through American Express®, MasterCard®, Visa®, Discover® or another payment card network (each, “Payment Card Network”), or a payment card processor and are therefore not eligible to participate. In addition, not all transactions with your Registered Card (including PIN-based transactions or payments through a third-party digital wallet or payment app such as Apple Pay or Square) can be monitored for eligibility to earn rewards. Do not use a PIN or a third party digital wallet or payment app if you want a qualifying purchase to earn a reward.

The rewards for which you are eligible may vary depending on a variety of factors, such as the Participating Merchant and your level of activity within the Program. You may be eligible for rewards and offers that are not available to others and other rewards and offers may not be available to you. Information on the type, amount, limits, and other conditions on rewards and offers available to you, as well as current Participating Merchants, are available by logging into your Fuel Rewards® Dining account with your unique login. You are responsible for reviewing this information before you make a purchase at a Participating Merchant, as these details may change from time to time and may affect the rewards and offers you receive. Reward Partner’s program may also contain terms and conditions that govern the award or redemption of, or other terms related to rewards, and rewards under the Program are subject to Partner’s rewards program terms of use.

We are not responsible for income tax or other tax liability (if any) associated with rewards you earn under the Program.

Limits on Registered Cards:

We operate many different rewards programs, of which the Program is only one. You may register up to twelve (12) Registered Cards with us as part of the Program, but any one eligible credit or debit card may be registered with only one program. If you subsequently register a Registered Card with another program that we operate, we will remove your Registered Card from participation in this Program, and that Registered Card will earn rewards under the new program and not under the original Program. Likewise, if your Registered Card was previously registered with us in another program that we operate, we will remove that Registered Card from participation in the other program, and that Registered Card will earn rewards in this Program. You will be notified if your Registered Card has been removed from one program because it has been registered in another program that we operate. For example, if you are a member of our Rewards Network-owned program, www.idine.com (“iDine”), and you enroll a Registered Card that is part of the Program in iDine, that Registered Card will be removed from the ability to earn rewards in the Program and you will be notified of this by email.

Use of the Site:

You may use the Site to obtain information about, and to enroll and participate in, rewards programs we offer based on use of credit and/or debit cards at Participating Merchants. In order to participate in the Program, you must be at least 18 years old and a resident of the United States. We do not knowingly market to, or solicit or collect information from, children under the age of 18.

We may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. We also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability.

Limited License:

We grant you a non-exclusive, non-transferable, limited right to access, display, and use the Site, and all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials (“Content”) on the Site, for your personal and internal purposes.

You may download Content from the Site subject to these restrictions: (1) you will not obtain any ownership or title to the Content; (2) you may use the Content solely for your internal and personal use in learning about, evaluating, or participating in the Program; (3) you may not modify the Content, or sell, assign, or transfer the Content to any person; (4) you may not reproduce, disclose, display, or distribute the Content in any public or commercial manner; and (5) you will not alter or remove any copyright notice, proprietary legend, or other notice contained in any Content.

All Content on the Site, such as text, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, and software, and the compilation of such content is our property or the property of our Participating Merchants or Rewards Issuer and is protected by United States and international copyright laws. We, Participating Merchants, and Rewards Issuer reserve all rights thereto.

Trademarks, service marks, and all graphical elements, including the look and feel appearing on the Site, are distinctive and protected trademarks or trade dress of Rewards Network, our Participating Merchants or Rewards Issuer. The Site may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

Any unauthorized use of the Site Content or of the copyrighted, trademarked, or other intellectual property on the Site is strictly prohibited and may be prosecuted to the fullest extent that the law provides. All rights in the intellectual property relating to the Site and any Content are reserved, and you agree not to take any action to register or otherwise interfere with or challenge any intellectual property rights relating to the Site or the Content.

Our policy is to terminate privileges of any user who infringes the copyright rights of others. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide the following information to our Copyright Agent identified below:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for purposes of this notifications is:

General Counsel
Rewards Network
2 N. Riverside Plaza
Suite 200
Chicago, IL 60606
(312) 521-6767
legal@RewardsNetwork.com

User Conduct:

You agree not to: (1) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites; (2) disrupt or interfere with any other person’s access, use, or enjoyment of the Site or affiliated or linked websites; (3) upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files; (4) use or attempt to use or access another person’s account or personal information, or create or use a false identity on the Site; (5) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and (6) violate any local, state, or federal laws or regulations that apply to your access to or use of the Site. You may not access, use, or copy any portion of the Site or of the Content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

The Site may contain links to third-party sites. We do not control the availability and content of these third-party sites. Any concerns regarding any third-party site should be directed to the particular third-party site.

The existence of a link on this Site does not constitute our endorsement or recommendation of the third party or the third-party’s site. WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD-PARTY SERVICE OR RESOURCE.

Any false or misleading uses of the Site or its Content are prohibited. We reserve the right in our sole discretion to require you to remove a link to the Site or its Content.

Warranty Disclaimer:

All Content on the Site is subject to change without notice. Although efforts have been made to make the Site helpful and accurate, we do not warrant the accuracy of the Content.

THE SITE, ITS CONTENT AND THE PROGRAM ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SITE, ITS CONTENT OR THE PROGRAM ARE OF A REASONABLY ACCEPTABLE QUALITY AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. WE DO NOT WARRANT THAT FUNCTIONS OR CONTENT CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation on Damages:

YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE SITE, ITS CONTENT OR THE PROGRAM, IN NO EVENT WILL WE, OUR REWARDS ISSUERS OR PAYMENT CARD NETWORKS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ITS CONTENT OR THE PROGRAM, ANY HYPER LINKED WEB SITE, THE PRODUCTS OR SERVICES OFFERED BY PARTICIPATING MERCHANTS, OR THE ACTS OR OMISSIONS OF PARTICIPATING MERCHANTS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR ITS CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US, REWARDS PARTNER, OR ANY PARTICIPATING MERCHANT OR PAYMENT CARD NETWORK, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

Indemnity:

You agree to defend, indemnify, and hold us, Payment Card Network and our respective subsidiaries, affiliates, successors, and assigns, and our and their respective shareholders, directors, officers, employees, and agents, harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or relating to your use of the Site, its Content or the Program (except to the extent caused by our material failure to perform under the express obligations of these Terms), or your violation of these Terms, including your infringement of any intellectual property or other right or policy of us or any person.

Mandatory Arbitration:

Any claim, dispute, or controversy arising from or relating to the Site, its Content, the Program or these Terms (or any prior agreement between you and us with respect to the same), or the relationships which result from these Terms (whether a tort or statutory claim, or a claim seeking monetary, equitable, or other relief) (“Claim(s)”), will be, upon the election of any party to the dispute, resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”), under the Code of Procedure (“Code”) of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any such arbitration will take place at a location within the United States federal judicial district in which you reside and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. Notwithstanding the foregoing, Rewards Network may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Site, its Content, the Program or its systems, without the posting of a bond, proof of damages, or other similar requirement.

The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.

Enforcement and Choice of Law:

These Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws principles. For all disputes arising from or related to the Site, its Content, the Program or these Terms, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Illinois. If any part of these Terms is unenforceable, such part will not make any other part of these Terms unenforceable, except that if the part of the Arbitration provisions prohibiting arbitration involving a class action or multiple claimants is unenforceable, all of the Arbitration provisions in these Terms will be deemed unenforceable.

Cancellation and Termination:

We may cancel our provision of the Site, its Content and the Program at any time, with or without cause and with or without notice to you, without liability to us. We also may terminate or suspend your participation in the Program and/or access to the Program Site, immediately and without notice if we reasonably determine (i) you breach this Agreement, (ii) you provide us any false or misleading information, (iii) you engage in any illegal or improper transaction, (iv) you engage in behavior we deem to be abusive to us, our employees, Rewards Issuer, a Participating Merchant or to the Program, or (v) you do not make a qualifying purchase at a Participating Merchant for over 1 year.

You may cancel your participation in the Program at any time by logging into your account and visiting “My Account → Account Preferences” and opt out of Dining promotional emails.

Certain provisions will survive cancellation or termination of this Agreement by their nature, including without limitation “Mandatory Arbitration”, “Warranty Disclaimer”, “Limitation on Damages”, “Indemnity”, and “Enforcement and Choice of Law”. Upon termination, we will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in this Agreement, and the limitations upon your use and treatment of Content will remain in full force.

Contact Us:

If you have any other questions or concerns regarding these Terms, please contact us at:

Rewards Network Establishment Services Inc.
Fuel Rewards® Dining Member Services
(855) 694-3463
support@fuelrewards.com

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