Terms & Conditions


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Fuel Rewards® Program Terms  |  Dining Program Terms

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Effective as of April 30, 2015

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"). 

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 the Online Mall.
  • 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 making certain purchases using your Fuel Rewards® MasterCard®. Your Fuel Rewards® MasterCard® will automatically be linked to your Account in order for you to begin earning additional Fuel Reward Savings through MasterCard limited-time offers and bonuses. To unlink your card, visit the My Cards page and select the “remove” button to the right of your Fuel Rewards® MasterCard®.  For specific terms and conditions relating to earning Rewards through the use of your Fuel Rewards® MasterCard®, please click here.
  • 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 or required information regarding your membership in the Fuel Rewards® Program, as applicable, when dealing with Issuing Participants. Although each Online Mall 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 your Fuel Rewards® MasterCard® or any other 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).  Gas, other fuel products and convenience store purchases on your Fuel Rewards® MasterCard® are not eligible for Rewards.  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.

Rewards earned through the use of your Fuel Rewards® MasterCard® will generally be added to your Account and available for use within one week after the eligible transaction is submitted to us, regardless of the applicable purchase date.  Such Rewards will not appear on your payment card statement.  Disputes regarding the Fuel Rewards® program are not subject to the billing error resolution procedures of your Fuel Rewards® MasterCard® agreement.  Rewards earned through the use of your Fuel Rewards® MasterCard® will expire on the last day of the calendar month that is two calendar months after the calendar month in which that Reward is earned (e.g., if a Reward is earned on January 15th, such Reward will expire on March 30th). 

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 FRN™ 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. 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 Mall, Fuel Rewards Travel Site, Rewards Codes,  the Fuel Rewards® MasterCard®, 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 1200 
Dallas, TX 75254
Phone:  972-793-8600
Fax: 972-793-6811
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 Mall site found at shop.fuelrewards.com ("Online Mall Site") and which is accessible via hyperlink from the Fuel Rewards® Site, is operated by Cartera Commerce, Inc. ("Cartera Commerce"), not by Excentus. Use of the Online Mall Site and all transactions conducted via the Online Mall Site are subject to the applicable terms and conditions established by Cartera Commerce, 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 Online Mall Site is subject to the privacy policy of Cartera Commerce and not Excentus; we are not responsible for the information collection, usage and disclosure practices of Cartera Commerce.  Each Online Mall transaction is made directly through an individual online merchants' website, but you must access the online merchant through the Online Mall Site to earn Rewards for your purchase. Neither Excentus nor any Issuing Participant or Redeeming Participant (other than Cartera Commerce) will have any liability with respect to the Online Mall Site or any Rewards earned in connection with a transaction conducted on the Online Mall Site. 

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 frndining.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, 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 1200
Dallas, Texas, 75254 USA

©2012–2015 Excentus Corporation. All rights reserved.

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Fuel Rewards® Dining (Rewards Network) Terms & Conditions

Effective as of May 12, 2014

 

This FRN™ Dining Program Agreement ("Agreement") governs the terms and conditions on which an individual ("you" or "your") may participate in FRN™ Dining offered by Rewards Network Inc. and its Affiliates ("we," "us" or "our").

The companies in our corporate family (called "Affiliates"), when this Agreement was updated, are listed for you at the end of this Agreement.

We offer the Fuel Rewards Network™ (FRN) Dining program ("FRN™ Dining") in connection with Excentus Corporation ("Excentus"), the owner and operator of the Fuel Rewards Network™. All FRN Program Rules and Regulations apply to Members of FRN™ Dining. We may offer services in connection with the Fuel Rewards Network in addition to FRN Dining, in which you may automatically participate in these new services. Your participation in these new services will be subject to this Agreement. We will notify you of any new services that we offer in connection with the Fuel Rewards Network and of any changes to this Agreement that we make in connection with these new services.

PLEASE READ THIS AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION.

By participating in FRN™ Dining or using our services, you agree to the provisions of this Agreement and our Privacy Policy.

General

1. To become a member of and participate in FRN™ Dining, you must be a United States resident and of sufficient age and otherwise be able to enter into a legally binding contract, complete our enrollment process and agree to the terms of this Agreement.

2. To participate in FRN™ Dining, you must register at least one valid payment card with the Fuel Rewards Network™program. The term "payment card" includes credit cards, debit cards and other pre-paid payment cards, such as gift or rewards cards. We refer to the payment card(s) that are registered with us as "Registered Cards." The types of payment cards that can be registered in FRN Dining may change or be restricted from time to time. To see which payment card types are currently eligible to be Registered Cards, visit https://www.fuelrewards.com/fuelrewards/account-linked-info.html. You may register up to 15 Registered Cards at any time.

3. We operate many different rewards programs. A Registered Card may relate to only one program offered by Rewards Network. If a Registered Card is registered in a second program that we operate, we will cancel that Registered Card's participation in the first program that we operate. You are responsible for registering a new payment card with the Fuel Rewards Network™program if your Registered Card is no longer valid. You must notify the Fuel Rewards Network™program if your name, postal address or email address changes.

4. We provide you information about the Program, and you agree to receive such information, through our postings of such information on the Fuel Rewards Network™ program website at fuelrewards.com (the “FRN™ Website”), or on our Web site at frndining.com ("our Web site"). We may provide information or notices to you by other means, including email, but we are not required to do so. You agree to visit the FRN™ website and our Web site regularly to view any changes to this Agreement or other important information about your participation in the Program. You may request paper copies of information posted at the FRN™ website or our Web site by calling our Member Services representatives, but certain information may be available only at the FRN™ website or our Web site.

5. You may incur access or data fees or charges from third parties (such as your Internet provider or mobile carrier) in connection with your use of our products and services. For instance, you may incur such fees if you download and use our smartphone application on a personal mobile device. You are responsible for all such fees or charges.

Rewards We Provide

6. You are eligible to earn Fuel Rewards® savings ("Rewards") as provided in this Agreement when you use a Registered Card to make a purchase at a business, such as a restaurant, bar or club, that participates in FRN™ Dining ("Participating Merchant"), subject to the terms and conditions of this Agreement. We reserve the right to require that you provide a receipt from the Participant Merchant for a purchase in order to receive your Reward for the purchase.  We may also offer you the opportunity to earn Rewards through your participation in program-related activities such as social media interaction or other program engagement.

7. The Rewards in FRN™ Dining consist of cents per gallon rewards called Fuel Rewards® savings that are offered by the Fuel Rewards Network™ to be redeemed as fuel savings at participating Shell and other select fuel stations, or such other Rewards as determined by the Fuel Rewards Network™ program or Excentus from time to time.

8. You will be eligible to receive Rewards only for qualifying purchases made at Participating Merchants. A purchase may qualify for Rewards only if you make the purchase using your Registered Card and if the Participating Merchant’s requirements are met. We do not receive information regarding transactions made with certain prepaid and reloadable cards such as certain gift cards, and certain PIN-based purchases, purchases initiated through identification technology that substitutes for a PIN, and any such purchases are not qualifying purchases even if made with a Registered Card. A purchase may qualify for a Reward if the business is a Participating Merchant on the date of the purchase and is available to you for Rewards on the date of your purchase. You will not receive Rewards for a purchase if the FRN™ website or our Web site indicates that no Rewards are being offered or given for the type of purchase you made. Purchases at a Participating Merchant may only qualify up to a specified dollar amount or only if made during certain time periods on specified days. If you make a purchase at a Participating Merchant using a third-party service, such as a delivery service, you may actually be making payment to the third party service and not the Participating Merchant, in which case you will not receive Rewards for that purchase.

9. The Rewards that you earn may vary depending on a variety of factors, such as the Participating Merchant where you dine, the type of Registered Card used by you, and your level of activity within FRN™ Dining. Information on the type, amount and limits on Rewards, as well as on current Participating Merchants, is posted on the FRN™ website and our Web site. 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 you receive. We may provide mobile smartphone applications that you may use to get information about Rewards Network and the Rewards that are available at Participating Merchants. The mobile smartphone applications may not provide all of the limits and other conditions for earning Rewards and may not reflect future changes in your Rewards Network status when displaying Rewards for future dates. You should refer to the FRN™ website and our Web site for limits and other conditions on Rewards and the amount of Rewards available for future dates.

10. Certain Rewards may not be earned for otherwise qualifying purchases when using coupons or discount cards or in combination with discount programs.

Information About Your Registered Card Transactions

11. You agree that we may provide to and receive from (a) Participating Merchants, (b) third party providers, (c) the Fuel Rewards Network™ program and/or Excentus, and (d) the issuer of your Registered Card, payment card network of your Registered Card, payment card processors and other entities that have access to payment card transaction information (collectively, "Transaction Information Providers"), information about you, your Registered Card and your participation in FRN™ Dining, in connection with our operation of the Dining program, including in connection with determining your eligibility for Rewards and compliance with this Agreement, and requesting that you receive Rewards. These Transaction Information Providers may include any one or more of the following American Express, MasterCard, Visa and/or Discover. You authorize (a) Participating Merchants, (b) third party providers, (c) the Fuel Rewards Network™ program and/or Excentus, and (d) Transaction Information Providers to provide information requested by us in connection with our operation of FRN™ Dining, including in connection with determining your eligibility for Rewards and compliance with this Agreement.

12. In order to provide you with Rewards for qualifying purchases at Participating Merchants, we receive data regarding transactions for which you pay using your Registered Card at merchants who participate in the rewards programs we operate. The merchants that participate in the rewards programs we operate include Participating Merchants in FRN™ Dining and also Participating Merchants who may not be available to you for earning a benefit in FRN™ Dining but participate in other rewards programs that we operate. Benefits may not be available because (1) benefits are not offered on that day of the week or time of day, (2) benefits are not offered to members of FRN™ Dining, (3) benefits are not offered to you based on your member status or participation level in FRN™ Dining or (4) you otherwise do not qualify to receive a benefit at that merchant. This means that we may receive information about transactions that you make at Participating Merchants even though the merchant does not participate in FRN™ Dining and even though you do not receive a benefit with respect to that transaction. The information that we receive regarding Registered Card transactions at merchants who participate in the rewards programs that we operate include the merchant you visited, the date of your visit, the amount of your bill and the payment card used to pay. You consent to our receipt of this transaction information and any other information that we may receive with respect to a Registered Card transaction at merchants who participate in the rewards programs that we operate, and you authorize all Transaction Information Providers to provide this information to us. You agree that we may use the information that we receive with respect to Registered Card transactions as provided in our Privacy Policy.

13. In order to evaluate the potential participation of a merchant in the rewards programs that we operate, we may obtain from Transaction Information Providers transaction information with respect to Registered Card transactions at such merchants, and you consent to our receipt of this transaction information and authorize all Transaction Information Providers to provide this information to us. This means that we may receive information about transactions that you have made at a merchant even though the merchant at the time was not participating in a rewards program that we operate and even though you do not receive a benefit with respect to that transaction. You agree that we may use the information that we receive with respect to Registered Card transactions as provided in our Privacy Policy.

14. In connection with your participation in FRN™ Dining, we also receive or generate additional personally identifiable information regarding you and your participation in FRN™ Dining as described in our Privacy Policy, and you authorize (a) Participating Merchants, (b) third party providers, (c) the Fuel Rewards Network™ program and/or Excentus, and (d) Transaction Information Providers to provide this information to us. You agree that we may use such information as provided in our Privacy Policy.

Receipt and Use of Rewards

15. Excentus is solely responsible for the terms and conditions on which you receive actual credit for, and may use the Rewards. We are not responsible for when Rewards are actually issued to you or credited to your loyalty program account. The issuance, use and redemption of any Rewards you receive in the Fuel Rewards Network™ shall be subject to the terms and conditions of the Fuel Rewards Network™.

16. We make no representation, warranty or guarantee as to any value or benefit of Rewards, any ability to use Rewards, or any other matter relating to Rewards and we have no liability or obligation if Rewards are not honored by Excentus, including if Excentus ceases doing business, files for bankruptcy or terminates the Fuel Rewards Network™ program to which the Rewards were credited.

17. If your FRN™ account is invalid or inactive for a period of at least 120 days or such longer period of time as provided by the terms and conditions of the Fuel Rewards Network™ program following the date of a purchase that qualified you for a Reward, you will forfeit your rights to such Reward even if such Reward was previously credited to your Fuel Rewards Network™ account. All account inquiries or disputes related to Rewards must be received by us within 90 days of the qualified transaction or the end of the bonus period, as applicable, or you will forfeit your rights to such Rewards.

18. You are responsible for any tax consequences resulting from your receipt or use of Rewards under FRN™ Dining. We may report Rewards provided to you to relevant tax authorities.

Mandatory Arbitration

19. You agree that:

(a) Any claim, dispute or controversy between you and us, our subsidiaries, our affiliates, and/or any holder of this Agreement, or the employees, agents or assigns of any of them (collectively, "Rewards Network"), arising from or relating to FRN™ Dining, this Agreement (or any prior agreement between you and us), or the relationships that result from this Agreement ("Claim"), including but not limited to any tort or statutory Claim, and any Claim seeking monetary, equitable or other relief 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 arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which you reside. Rules and forms of the NAF may be obtained and all claims will be filed at any NAF office, www.adrforum.com or by calling (800) 474–2371.

(b) You and Rewards Network will each be responsible for paying their own fees, costs and expenses and the arbitration fees as designated by the Code. However, for a Claim of $15,000 or less, if you so request in writing, Rewards Network will pay your arbitration fees due to the NAF; for a larger Claim, Rewards Network will consider any request to pay your fees due to the NAF. The arbitrator's power to conduct any arbitration proceeding under this arbitration agreement will be limited as follows: any arbitration proceeding under this Agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or any other proceeding involving multiple claimants. Only a court, not an arbitrator, may determine the validity of the preceding sentence. Rewards Network will not elect to arbitrate an individual Claim brought in a small claims (or equivalent) court, unless that Claim is transferred, removed or appealed to a different court. The arbitrator will apply all applicable substantive law.

(c) 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. 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.

(d) You can reject the arbitration provisions in Section 19(a), (b), and (c) ("Arbitration Provisions") by providing us written notice, signed by you, within thirty (30) days of enrolling in FRN™ Dining for the first time. Please send the written notice to Rewards Network Establishment Services Inc., Two North Riverside Plaza, Suite 200, Chicago, Illinois 60606, Attention: Chief Compliance Officer.

Limit on Liability and Indemnity

20. You agree that:

(a) FRN™ Dining is provided "as is" and, to the maximum extent permitted by law, we disclaim any express or implied warranties with respect to FRN™ Dining, including any implied warranties of merchantability or fitness for a particular purpose.

(b) Rewards Network will not be liable for any damage that you may suffer in connection with your participation in FRN™ Dining, unless the damage results directly from our failure to perform our express obligations under this Agreement. In no event will Rewards Network be liable for any damage caused by any act or omission of a Participating Merchant, Third Party Provider or Excentus.

(c) Rewards Network will not be liable to you or any other person for any indirect, special, incidental, contingent, consequential, reliance or special damages (including lost profits) in connection with this Agreement or FRN™ Dining, whether or not Rewards Network has been advised of the possibility of such damages.

21. You agree to defend, indemnify and hold us and our 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 alleged violation of this Agreement, or your improper participation in FRN™ Dining.

Changed Terms and Cancellation

22. This Agreement is binding upon you at the time you enroll in FRN™ Dining. We may, from time to time, change this Agreement (including any Rewards available under FRN™ Dining) by adding, modifying or deleting any term or condition ("Changed Term"). A Changed Term will be effective upon posting to the FRN™ website or our Web site, although we may provide you notice by other means.

23. To cancel your enrollment in FRN™ Dining, and this Agreement, log onto the Fuel Rewards® Website and click on the "Account Profile" link at the top of the page. Then click on the appropriate link to change your Personal Information, modify your FRN™ Dining promotional communication preferences, or unlink your credit cards.  You may also call FRN Member Services toll-free at 1.866.603.0473. We may cancel this Agreement at any time, with or without cause, by providing you notice. We also may cancel this Agreement, or suspend your participation in FRN™ Dining, immediately and without notice if (i) you do not perform your obligations under 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 or to FRN™ Dining, (v) you do not make a qualifying purchase at a Participating Merchant for over 180 days, or (vi) we terminate FRN™ Dining. Sections 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 30, 31 and 32 will survive cancellation of this Agreement.

Additional Terms

24. All reviews, surveys, comments, feedback and other information about your dining experiences, Participating Merchants, or participation in Rewards Network disclosed, submitted or conveyed by you to us (which we refer to collectively as "Comments") may be reprinted, used, displayed, redistributed, shared, transmitted, excerpted, modified and/or disseminated (in whole or in part) by us or others consistent with the terms of our Privacy Policy or any other applicable terms. Your provision of Comments to us constitutes a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Comments throughout the world in any media. You warrant that: (i) any use of Comments by us will not violate any right of any third party; and (ii) any Comments are not libelous, unlawful, or obscene.

25. If you use our mobile smartphone application and allow the mobile smartphone application to access your location data, we will receive location data when you use the mobile smartphone application and you agree that we may use that location data to provide our services to you. You also agree that we may use location data on an aggregate basis, in a way that does not identify you individually, in order to operate our business and provide reporting and analysis internally and to third parties. To the extent you are accessing our Web site on a mobile device or using our mobile smartphone application using the services or products of third parties (such as your Internet provider or mobile carrier) in connection with your use of our services, you may incur access or data fees or charges. You are solely responsible for all such fees or charges.

26. You agree to pay us any fees (including Membership fees) that we charge, from time to time, in connection with FRN™ Dining, along with all applicable taxes thereon. If we do not currently charge fees in connection with FRN™ Dining, we will notify you in advance if we intend to charge any fees, and if you do not want to pay the fees, you may choose to terminate your participation in FRN™ Dining as provided in this Agreement. We may pay fees or provide compensation to third party providers and others with respect to your participation in the Program.

27. You agree to the terms of our Privacy Policy, as posted on our Web site from time to time. In addition, when you use our Web site, you agree to the Terms of Use for the Web site, which are posted on our Web site, as in effect from time to time. The terms of the Privacy Policy and Terms of Use for the Web site are hereby incorporated into this Agreement.

28. Participating Merchants, Transaction Information Providers and Excentus are not our agents, and have no authority to take any action or make any commitments on our behalf. You and we are the only parties that may enforce this Agreement; there are no third party beneficiaries of this Agreement, except (a) persons expressly included in the scope of Sections 19, 20 and 21 who shall be included to enforce the provisions of those sections, and (b) any entity that you have authorized to provide us information pursuant to Sections 11, 12, 13 and 14 to the extent that they may enforce the authorization provided in those Sections.

29. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement unenforceable, except that if the part of the Arbitration Provisions prohibiting arbitration involving a class action or multiple claimants is unenforceable, the entire Section 19 shall be unenforceable.

30. You may not assign your rights under the Agreement or in FRN™ Dining without our prior written consent. We may assign this Agreement, or any or all of our rights in FRN™ Dining, without notice to you.

31. Any waiver by us of our rights under this Agreement must be in writing and signed by us. A waiver of a right by us in one instance will not limit our ability to enforce the right in another instance.

32. This Agreement, and the relationship between you and us, shall be governed by the laws of the State of Illinois, without regard to choice of law principles, except that Section 19 shall be governed by the Federal Arbitration Act and not Illinois law.

This Terms and Conditions were last revised on May 13, 2014.

Web site and Mobile Smartphone Application Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE OR MOBILE SMARTPHONE APPLICATION
Not all rewards programs have mobile applications available. Please note that this privacy policy also applies to your use of our Web site and is not limited to use of a mobile application.

This web site (the "Site") and mobile smartphone application (the "Application") are provided by Rewards Network Inc. and its affiliates ("we", "us" or "our"). By accessing the Site or using the Application, you agree to the terms and conditions in this agreement ("Agreement"). This Agreement applies exclusively to your access to and use of the Site or Application, and does not alter any other agreement you may have with us.

THIS SITE IS NOT OWNED, OPERATED OR CONTROLLED BY the Fuel Rewards Network™ however, all FRN™ Terms and Conditions apply to Members of FRN™ Dining.

Use of the Site or Application

1. The Site or Application may be used for obtaining information about, and enrolling and participating in, a rewards program we offer for using payment cards at participating merchants ("FRN™ Dining"). In order to access the Site or use the Application, you must be a United States resident and of sufficient age and otherwise be able to enter into a legally binding contract and agree to the terms of this Agreement.

Limited License

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

4. We also authorize you to download Content on the Site or Application, subject to your agreement that: (1) you will not obtain any ownership or title to the Content; (2) you may use the Content solely for your personal use in learning about, evaluating, or participating in programs offered by us, and not for any commercial purposes; (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.

5. The Site or Application as a whole, and all Content, is protected by copyright, trademarks, trade dress and/or other intellectual properties owned by or licensed to us, unless otherwise noted. The Site and Application contain our service marks, including, but not limited to Rewards Network®. All rights in the intellectual property relating to the Site or Application 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, Application or the Content. The Site contains trade and service marks of Excentus Corporation, including, but not limited to Fuel Rewards Network™, FRN™, Fuel Rewards Network™ Dining, FRN™ Dining, Fuel Rewards® savings and Excentus.

Assistive Technology Users

6. We strive to provide the best guest experience for all visitors to our web sites. We are committed to continuing to find ways to enhance and improve the experience for all guests, including those using assistive technologies. For help regarding your online experience, including assistance with the completion of member surveys, please call (855) 694-3463.

User Conduct

7. You agree not to:
(a) 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, Application, or affiliated or linked web sites or applications;
(b) disrupt or interfere with any other person's access, use or enjoyment of the Site, Application or affiliated or linked web sites or applications;
(c) upload, post or otherwise transmit through or on the Site or Application any viruses or other harmful, disruptive or destructive files;
(d) use or attempt to use or access another person's account or personal information, or create or use a false identity on the Site or Application;
(e) attempt to obtain unauthorized access to the Site or Application or portions of the Site or Application which are restricted from general access; and
(f) violate any local, state or federal laws or regulations that apply to your access to or use of the Site or Application.

Links

8. The Site or Application may contain links to third party services and resources. We do not control the availability and content of these third party sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third party service or resource that provides the content. The existence of a link to a third party 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.

9. You must receive our prior written permission before creating a link to the Site. Any unauthorized links or false or misleading uses of the Site or Application or our trademarks or service marks is prohibited. You may not use any robot, spider or other device to monitor Content on the Site or Application.

Information Provided by You

10. All reviews, surveys, comments, feedback, and other information, including photographs, that you submit to us about or relating to your dining experiences, Participating Merchants, or participation in FRN™ Dining disclosed, submitted, or conveyed by you to us (which we refer to collectively as "Comments") may be reprinted, used, displayed, redistributed, shared, transmitted, excerpted, modified, and/or disseminated (in whole or in part) by us or others consistent with the terms of our Privacy Policy or any other applicable terms. Your provision of Comments to us constitutes a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Comments throughout the world in any media. You warrant that: (i) any use of Comments by us will not violate any right of any third party; and (ii) any Comments are not libelous, unlawful, or obscene.

Limitation of Damages

11. All information provided on the Site or Application (the "Information") is subject to change without notice. While efforts have been made to make the Site and Application helpful and accurate, we do not warrant the accuracy of the Information. We do not provide a warranty regarding virus-free use of the Site or Application or use of any Content downloaded from the Site or Application.

12. THE SERVICES PROVIDED BY US WITH RESPECT TO THE SITE OR APPLICATION AND ALL CONTENT ON THE SITE OR APPLICATION ARE PROVIDED "AS IS" AND, 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 SERVICES SUPPLIED UNDER THIS AGREEMENT ARE OF A REASONABLY ACCEPTABLE QUALITY. WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON THE SITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR APPLICATION, CONTENT OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE OR APPLICATION, THAT SUCH USE IS AT YOUR SOLE RISK AND THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR APPLICATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. WE WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.

15. THESE LIMITATIONS OF LIABILITY SHALL APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

Indemnity

16. You agree to defend, indemnify and hold us and our 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 or Application, except to the extent that we fail to perform our express obligations to you under this Agreement.

Mandatory Arbitration

17. Any claim, dispute, or controversy between you and us or any holder of this Agreement, or the employees, agents or assigns of any of them, arising from or relating to the web site, Application or this Agreement (or any prior agreement between you and us with respect to the web site or Application), or the relationships which result from this Agreement ("Claim"), including but not limited to any tort or statutory Claim, and any Claim seeking monetary, equitable, or other relief 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 arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which you reside. Rules and forms of the NAF may be obtained and all claims will be filed at any NAF office, by visiting www.adrforum.com or by calling (800) 474-2371.

18. You and we will each be responsible for paying our own fees, costs and expenses and the arbitration fees as designated by the Code. However, for a Claim of $15,000 or less, if you so request in writing, we will pay your arbitration fees due to the NAF; for a larger Claim, we will consider any request to pay your fees due to the NAF. The arbitrator's power to conduct any arbitration proceeding under this arbitration agreement will be limited as follows: any arbitration proceeding under this Agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or any other proceeding involving multiple claimants. Only a court, not an arbitrator, may determine the validity of the preceding sentence. We will not elect to arbitrate an individual Claim brought in a small claims (or equivalent) court, unless that Claim is transferred, removed, or appealed to a different court. The arbitrator will apply all applicable substantive law.

19. 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. 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.

20. This arbitration provision will not apply to the extent that the arbitration provision in the FRN™ Dining Program Agreement applies.

Changes

21. We reserve the right, at our sole discretion, to modify, add or remove ("Change") any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when posted on the Site or made available via the Application. Your continued use of the Site or Application after any Changes to this Agreement are posted will be considered acceptance of those Changes. We may terminate, change, suspend or discontinue any aspect of the Site or Application, including the availability of any features of the Site or Application, at any time. We also may impose limits on certain features and services or restrict your access to part or all of the Site or Application without notice or liability.

Enforcement and Choice of Law

22. This Agreement shall be governed by the laws of the Illinois, without regard to its conflict of laws principles. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement 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 this Agreement shall be unenforceable.

Our Privacy Policy

23. Our FRN™ Dining Privacy Policy and our Merchant Privacy Policy describe the types of information that we may collect when you visit the Site or use the Application and how we may disclose that information. By using the Site or Application, you agree to the terms of the applicable privacy policy.

Entire Agreement

24. Subject to the terms of any other agreement(s) applicable to any products or services accessed or purchased by you from us, these terms constitute the entire agreement between you and us governing your use of this Site or Application. Should any provision in these terms conflict with the terms of any other agreement applicable to any products or services accessed, requested or purchased by you from us, the terms of such other agreement(s) will control with respect to the products and services to which such terms apply.

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FRN™ Dining Program Agreement

This FRN™ Dining Program Agreement ("Agreement") governs the terms and conditions on which an individual ("you" or "your") may participate in FRN™ Dining offered by Rewards Network Inc. and its Affiliates ("we," "us" or "our").
The companies in our corporate family (called "Affiliates"), when this Agreement was updated, are listed for you at the end of this Agreement.

We offer the Fuel Rewards Network™ (FRN) Dining program ("FRN™ Dining") in connection with Excentus Corporation ("Excentus"), the owner and operator of the Fuel Rewards Network™. All FRN Program Rules and Regulations apply to Members of FRN™ Dining. We may offer services in connection with the Fuel Rewards Network in addition to FRN Dining, in which you may automatically participate in these new services. Your participation in these new services will be subject to this Agreement. We will notify you of any new services that we offer in connection with the Fuel Rewards Network and of any changes to this Agreement that we make in connection with these new services.

PLEASE READ THIS AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION.

By participating in FRN™ Dining or using our services, you agree to the provisions of this Agreement and our Privacy Policy.

General

1. To become a member of and participate in FRN™ Dining, you must be a United States resident and of sufficient age and otherwise be able to enter into a legally binding contract, complete our enrollment process and agree to the terms of this Agreement.

2. To participate in FRN™ Dining, you must register at least one valid payment card with the Fuel Rewards Network™program. The term "payment card" includes credit cards, debit cards and other pre-paid payment cards, such as gift or rewards cards. We refer to the payment card(s) that are registered with us as "Registered Cards." The types of payment cards that can be registered in FRN Dining may change or be restricted from time to time. To see which payment card types are currently eligible to be Registered Cards, visit https://www.fuelrewards.com/fuelrewards/account-linked-info.html. You may register up to 15 Registered Cards at any time.

3. We operate many different rewards programs. A Registered Card may relate to only one program offered by Rewards Network. If a Registered Card is registered in a second program that we operate, we will cancel that Registered Card's participation in the first program that we operate. You are responsible for registering a new payment card with the Fuel Rewards Network™program if your Registered Card is no longer valid. You must notify the Fuel Rewards Network™program if your name, postal address or email address changes.

4. We provide you information about the Program, and you agree to receive such information, through our postings of such information on the Fuel Rewards Network™ program website at fuelrewards.com (the “FRN™ Website”)”), or on our Web site at frndining.com ("our Web site"). We may provide information or notices to you by other means, including email, but we are not required to do so. You agree to visit the FRN™ website and our Web site regularly to view any changes to this Agreement or other important information about your participation in the Program. You may request paper copies of information posted at the FRN™ website or our Web site by calling our Member Services representatives, but certain information may be available only at the FRN™ website or our Web site.

5. You may incur access or data fees or charges from third parties (such as your Internet provider or mobile carrier) in connection with your use of our products and services. For instance, you may incur such fees if you download and use our smartphone application on a personal mobile device. You are responsible for all such fees or charges.

Rewards We Provide

6. You are eligible to earn Fuel Rewards® savings ("Rewards") as provided in this Agreement when you use a Registered Card to make a purchase at a business, such as a restaurant, bar or club, that participates in FRN™ Dining ("Participating Merchant"), subject to the terms and conditions of this Agreement. We reserve the right to require that you provide a receipt from the Participant Merchant for a purchase in order to receive your Reward for the purchase.  We may also offer you the opportunity to earn Rewards through your participation in program-related activities such as social media interaction or other program engagement.

7. The Rewards in FRN™ Dining consist of cents per gallon rewards called Fuel Rewards® savings that are offered by the Fuel Rewards Network™ to be redeemed as fuel savings at participating Shell and other select fuel stations, or such other Rewards as determined by the Fuel Rewards Network™ program or Excentus from time to time.

8. You will be eligible to receive Rewards only for qualifying purchases made at Participating Merchants. A purchase may qualify for Rewards only if you make the purchase using your Registered Card and if the Participating Merchant’s requirements are met. We do not receive information regarding transactions made with certain prepaid and reloadable cards such as certain gift cards, and certain PIN-based purchases, purchases initiated through identification technology that substitutes for a PIN, and any such purchases are not qualifying purchases even if made with a Registered Card. A purchase may qualify for a Reward if the business is a Participating Merchant on the date of the purchase and is available to you for Rewards on the date of your purchase. You will not receive Rewards for a purchase if the FRN™ website or our Web site indicates that no Rewards are being offered or given for the type of purchase you made. Purchases at a Participating Merchant may only qualify up to a specified dollar amount or only if made during certain time periods on specified days. If you make a purchase at a Participating Merchant using a third-party service, such as a delivery service, you may actually be making payment to the third party service and not the Participating Merchant, in which case you will not receive Rewards for that purchase.

9. The Rewards that you earn may vary depending on a variety of factors, such as the Participating Merchant where you dine, the type of Registered Card used by you, and your level of activity within FRN™ Dining. Information on the type, amount and limits on Rewards, as well as on current Participating Merchants, is posted on the FRN™ website and our Web site. 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 you receive. We may provide mobile smartphone applications that you may use to get information about Rewards Network and the Rewards that are available at Participating Merchants. The mobile smartphone applications may not provide all of the limits and other conditions for earning Rewards and may not reflect future changes in your Rewards Network status when displaying Rewards for future dates. You should refer to the FRN™ website and our Web site for limits and other conditions on Rewards and the amount of Rewards available for future dates.

10. Certain Rewards may not be earned for otherwise qualifying purchases when using coupons or discount cards or in combination with discount programs.

Information About Your Registered Card Transactions

11. You agree that we may provide to and receive from (a) Participating Merchants, (b) third party providers, (c) the Fuel Rewards Network™ program and/or Excentus, and (d) the issuer of your Registered Card, payment card network of your Registered Card, payment card processors and other entities that have access to payment card transaction information (collectively, "Transaction Information Providers"), information about you, your Registered Card and your participation in FRN™ Dining, in connection with our operation of the Dining program, including in connection with determining your eligibility for Rewards and compliance with this Agreement, and requesting that you receive Rewards. These Transaction Information Providers may include any one or more of the following American Express, MasterCard, Visa and/or Discover. You authorize (a) Participating Merchants, (b) third party providers, (c) the Fuel Rewards Network™ program and/or Excentus, and (d) Transaction Information Providers to provide information requested by us in connection with our operation of FRN™ Dining, including in connection with determining your eligibility for Rewards and compliance with this Agreement.

12. In order to provide you with Rewards for qualifying purchases at Participating Merchants, we receive data regarding transactions for which you pay using your Registered Card at merchants who participate in the rewards programs we operate. The merchants that participate in the rewards programs we operate include Participating Merchants in FRN™ Dining and also Participating Merchants who may not be available to you for earning a benefit in FRN™ Dining but participate in other rewards programs that we operate. Benefits may not be available because (1) benefits are not offered on that day of the week or time of day, (2) benefits are not offered to members of FRN™ Dining, (3) benefits are not offered to you based on your member status or participation level in FRN™ Dining or (4) you otherwise do not qualify to receive a benefit at that merchant. This means that we may receive information about transactions that you make at Participating Merchants even though the merchant does not participate in FRN™ Dining and even though you do not receive a benefit with respect to that transaction. The information that we receive regarding Registered Card transactions at merchants who participate in the rewards programs that we operate include the merchant you visited, the date of your visit, the amount of your bill and the payment card used to pay. You consent to our receipt of this transaction information and any other information that we may receive with respect to a Registered Card transaction at merchants who participate in the rewards programs that we operate, and you authorize all Transaction Information Providers to provide this information to us. You agree that we may use the information that we receive with respect to Registered Card transactions as provided in our Privacy Policy.

13. In order to evaluate the potential participation of a merchant in the rewards programs that we operate, we may obtain from Transaction Information Providers transaction information with respect to Registered Card transactions at such merchants, and you consent to our receipt of this transaction information and authorize all Transaction Information Providers to provide this information to us. This means that we may receive information about transactions that you have made at a merchant even though the merchant at the time was not participating in a rewards program that we operate and even though you do not receive a benefit with respect to that transaction. You agree that we may use the information that we receive with respect to Registered Card transactions as provided in our Privacy Policy.

14. In connection with your participation in FRN™ Dining, we also receive or generate additional personally identifiable information regarding you and your participation in FRN™ Dining as described in our Privacy Policy, and you authorize (a) Participating Merchants, (b) third party providers, (c) the Fuel Rewards Network™ program and/or Excentus, and (d) Transaction Information Providers to provide this information to us. You agree that we may use such information as provided in our Privacy Policy.

Receipt and Use of Rewards

15. Excentus is solely responsible for the terms and conditions on which you receive actual credit for, and may use the Rewards. We are not responsible for when Rewards are actually issued to you or credited to your loyalty program account. The issuance, use and redemption of any Rewards you receive in the Fuel Rewards Network™ shall be subject to the terms and conditions of the Fuel Rewards Network™.

16. We make no representation, warranty or guarantee as to any value or benefit of Rewards, any ability to use Rewards, or any other matter relating to Rewards and we have no liability or obligation if Rewards are not honored by Excentus, including if Excentus ceases doing business, files for bankruptcy or terminates the Fuel Rewards NetworkTM program to which the Rewards were credited.

17. If your FRN™ account is invalid or inactive for a period of at least 120 days or such longer period of time as provided by the terms and conditions of the Fuel Rewards Network™ program following the date of a purchase that qualified you for a Reward, you will forfeit your rights to such Reward even if such Reward was previously credited to your Fuel Rewards Network™ account. All account inquiries or disputes related to Rewards must be received by us within 90 days of the qualified transaction or the end of the bonus period, as applicable, or you will forfeit your rights to such Rewards.

18. You are responsible for any tax consequences resulting from your receipt or use of Rewards under FRN™ Dining. We may report Rewards provided to you to relevant tax authorities.

Mandatory Arbitration

19. You agree that:

(a) Any claim, dispute or controversy between you and us, our subsidiaries, our affiliates, and/or any holder of this Agreement, or the employees, agents or assigns of any of them (collectively, "Rewards Network"), arising from or relating to FRN™ Dining, this Agreement (or any prior agreement between you and us), or the relationships that result from this Agreement ("Claim"), including but not limited to any tort or statutory Claim, and any Claim seeking monetary, equitable or other relief 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 arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which you reside. Rules and forms of the NAF may be obtained and all claims will be filed at any NAF office, www.adrforum.com or by calling (800) 474–2371.
(b) You and Rewards Network will each be responsible for paying their own fees, costs and expenses and the arbitration fees as designated by the Code. However, for a Claim of $15,000 or less, if you so request in writing, Rewards Network will pay your arbitration fees due to the NAF; for a larger Claim, Rewards Network will consider any request to pay your fees due to the NAF. The arbitrator's power to conduct any arbitration proceeding under this arbitration agreement will be limited as follows: any arbitration proceeding under this Agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or any other proceeding involving multiple claimants. Only a court, not an arbitrator, may determine the validity of the preceding sentence. Rewards Network will not elect to arbitrate an individual Claim brought in a small claims (or equivalent) court, unless that Claim is transferred, removed or appealed to a different court. The arbitrator will apply all applicable substantive law.
(c) 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. 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.
(d) You can reject the arbitration provisions in Section 19(a), (b), and (c) ("Arbitration Provisions") by providing us written notice, signed by you, within thirty (30) days of enrolling in FRN™ Dining for the first time. Please send the written notice to Rewards Network Establishment Services Inc., Two North Riverside Plaza, Suite 200, Chicago, Illinois 60606, Attention: Chief Compliance Officer.

Limit on Liability and Indemnity

20. You agree that:
(a) FRN™ Dining is provided "as is" and, to the maximum extent permitted by law, we disclaim any express or implied warranties with respect to FRN™ Dining, including any implied warranties of merchantability or fitness for a particular purpose.
(b) Rewards Network will not be liable for any damage that you may suffer in connection with your participation in FRN™ Dining, unless the damage results directly from our failure to perform our express obligations under this Agreement. In no event will Rewards Network be liable for any damage caused by any act or omission of a Participating Merchant, Third Party Provider or Excentus.
(c) Rewards Network will not be liable to you or any other person for any indirect, special, incidental, contingent, consequential, reliance or special damages (including lost profits) in connection with this Agreement or FRN™ Dining, whether or not Rewards Network has been advised of the possibility of such damages.

21. You agree to defend, indemnify and hold us and our 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 alleged violation of this Agreement, or your improper participation in FRN™ Dining.

Changed Terms and Cancellation

22. This Agreement is binding upon you at the time you enroll in FRN™ Dining. We may, from time to time, change this Agreement (including any Rewards available under FRN™ Dining) by adding, modifying or deleting any term or condition ("Changed Term"). A Changed Term will be effective upon posting to the FRN™ website or our Web site, although we may provide you notice by other means.

23. To cancel your enrollment in FRN™ Dining, and this Agreement, log onto the FRN™ Website and click on the "Account Profile" link at the top of the page. Then click on the appropriate link to change your Personal Information, modify your FRN™ Dining promotional communication preferences, or unlink your credit cards.  You may also call FRN Member Services toll-free at 1.866.603.0473. We may cancel this Agreement at any time, with or without cause, by providing you notice. We also may cancel this Agreement, or suspend your participation in FRN™ Dining, immediately and without notice if (i) you do not perform your obligations under 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 or to FRN™ Dining, (v) you do not make a qualifying purchase at a Participating Merchant for over 180 days, or (vi) we terminate FRN™ Dining. Sections 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 30, 31 and 32 will survive cancellation of this Agreement.

Additional Terms

24. All reviews, surveys, comments, feedback and other information about your dining experiences, Participating Merchants, or participation in Rewards Network disclosed, submitted or conveyed by you to us (which we refer to collectively as "Comments") may be reprinted, used, displayed, redistributed, shared, transmitted, excerpted, modified and/or disseminated (in whole or in part) by us or others consistent with the terms of our Privacy Policy or any other applicable terms. Your provision of Comments to us constitutes a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Comments throughout the world in any media. You warrant that: (i) any use of Comments by us will not violate any right of any third party; and (ii) any Comments are not libelous, unlawful, or obscene.

25. If you use our mobile smartphone application and allow the mobile smartphone application to access your location data, we will receive location data when you use the mobile smartphone application and you agree that we may use that location data to provide our services to you. You also agree that we may use location data on an aggregate basis, in a way that does not identify you individually, in order to operate our business and provide reporting and analysis internally and to third parties. To the extent you are accessing our Web site on a mobile device or using our mobile smartphone application using the services or products of third parties (such as your Internet provider or mobile carrier) in connection with your use of our services, you may incur access or data fees or charges. You are solely responsible for all such fees or charges.

26. You agree to pay us any fees (including Membership fees) that we charge, from time to time, in connection with FRN™ Dining, along with all applicable taxes thereon. If we do not currently charge fees in connection with FRN™ Dining, we will notify you in advance if we intend to charge any fees, and if you do not want to pay the fees, you may choose to terminate your participation in FRN™ Dining as provided in this Agreement.

27. You agree to the terms of our Privacy Policy, as posted on our Web site from time to time. In addition, when you use our Web site, you agree to the Terms of Use for the Web site, which are posted on our Web site, as in effect from time to time. The terms of the Privacy Policy and Terms of Use for the Web site are hereby incorporated into this Agreement.

28. Participating Merchants, Transaction Information Providers and Excentus are not our agents, and have no authority to take any action or make any commitments on our behalf. You and we are the only parties that may enforce this Agreement; there are no third party beneficiaries of this Agreement, except (a) persons expressly included in the scope of Sections 19, 20 and 21 who shall be included to enforce the provisions of those sections, and (b) any entity that you have authorized to provide us information pursuant to Sections 11, 12, 13 and 14 to the extent that they may enforce the authorization provided in those Sections.

29. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement unenforceable, except that if the part of the Arbitration Provisions prohibiting arbitration involving a class action or multiple claimants is unenforceable, the entire Section 19 shall be unenforceable.

30. You may not assign your rights under the Agreement or in FRN™ Dining without our prior written consent. We may assign this Agreement, or any or all of our rights in FRN™ Dining, without notice to you.

31. Any waiver by us of our rights under this Agreement must be in writing and signed by us. A waiver of a right by us in one instance will not limit our ability to enforce the right in another instance.

32. This Agreement, and the relationship between you and us, shall be governed by the laws of the State of Illinois, without regard to choice of law principles, except that Section 19 shall be governed by the Federal Arbitration Act and not Illinois law.

These Dining Terms and Conditions were last revised on May 13, 2014.

Web site and Mobile Smartphone Application Terms of Use for dining

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE OR MOBILE SMARTPHONE APPLICATION

Not all rewards programs have mobile applications available. Please note that this privacy policy also applies to your use of our Web site and is not limited to use of a mobile application.

This web site (the "Site") and mobile smartphone application (the "Application") are provided by Rewards Network Inc. and its affiliates ("we", "us" or "our"). By accessing the Site or using the Application, you agree to the terms and conditions in this agreement ("Agreement"). This Agreement applies exclusively to your access to and use of the Site or Application, and does not alter any other agreement you may have with us.

THIS SITE IS NOT OWNED, OPERATED OR CONTROLLED BY the Fuel Rewards Network™ however, all FRN™ Terms and Conditions apply to Members of FRN™ Dining.

Use of the Site or Application

1. The Site or Application may be used for obtaining information about, and enrolling and participating in, a rewards program we offer for using payment cards at participating merchants ("FRN™ Dining"). In order to access the Site or use the Application, you must be a United States resident and of sufficient age and otherwise be able to enter into a legally binding contract and agree to the terms of this Agreement.

Limited License

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

4. We also authorize you to download Content on the Site or Application, subject to your agreement that: (1) you will not obtain any ownership or title to the Content; (2) you may use the Content solely for your personal use in learning about, evaluating, or participating in programs offered by us, and not for any commercial purposes; (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.

5. The Site or Application as a whole, and all Content, is protected by copyright, trademarks, trade dress and/or other intellectual properties owned by or licensed to us, unless otherwise noted. The Site and Application contain our service marks, including, but not limited to Rewards Network®. All rights in the intellectual property relating to the Site or Application 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, Application or the Content. The Site contains trade and service marks of Excentus Corporation, including, but not limited to Fuel Rewards Network™, FRN™, Fuel Rewards Network™ Dining, FRN™ Dining, Fuel Rewards® savings and Excentus.

Assistive Technology Users

6. We strive to provide the best guest experience for all visitors to our web sites. We are committed to continuing to find ways to enhance and improve the experience for all guests, including those using assistive technologies. For help regarding your online experience, including assistance with the completion of member surveys, please call (855) 694-3463.

User Conduct

7. You agree not to:
(a) 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, Application, or affiliated or linked web sites or applications;
(b) disrupt or interfere with any other person's access, use or enjoyment of the Site, Application or affiliated or linked web sites or applications;
(c) upload, post or otherwise transmit through or on the Site or Application any viruses or other harmful, disruptive or destructive files;
(d) use or attempt to use or access another person's account or personal information, or create or use a false identity on the Site or Application;
(e) attempt to obtain unauthorized access to the Site or Application or portions of the Site or Application which are restricted from general access; and
(f) violate any local, state or federal laws or regulations that apply to your access to or use of the Site or Application.

Links

8. The Site or Application may contain links to third party services and resources. We do not control the availability and content of these third party sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third party service or resource that provides the content. The existence of a link to a third party 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.

9. You must receive our prior written permission before creating a link to the Site. Any unauthorized links or false or misleading uses of the Site or Application or our trademarks or service marks is prohibited. You may not use any robot, spider or other device to monitor Content on the Site or Application.

Information Provided by You

10. All reviews, surveys, comments, feedback, and other information, including photographs, that you submit to us about or relating to your dining experiences, Participating Merchants, or participation in FRN™ Dining disclosed, submitted, or conveyed by you to us (which we refer to collectively as "Comments") may be reprinted, used, displayed, redistributed, shared, transmitted, excerpted, modified, and/or disseminated (in whole or in part) by us or others consistent with the terms of our Privacy Policy or any other applicable terms. Your provision of Comments to us constitutes a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Comments throughout the world in any media. You warrant that: (i) any use of Comments by us will not violate any right of any third party; and (ii) any Comments are not libelous, unlawful, or obscene.

Limitation of Damages

11. All information provided on the Site or Application (the "Information") is subject to change without notice. While efforts have been made to make the Site and Application helpful and accurate, we do not warrant the accuracy of the Information. We do not provide a warranty regarding virus-free use of the Site or Application or use of any Content downloaded from the Site or Application.

12. THE SERVICES PROVIDED BY US WITH RESPECT TO THE SITE OR APPLICATION AND ALL CONTENT ON THE SITE OR APPLICATION ARE PROVIDED "AS IS" AND, 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 SERVICES SUPPLIED UNDER THIS AGREEMENT ARE OF A REASONABLY ACCEPTABLE QUALITY. WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON THE SITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR APPLICATION, CONTENT OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE OR APPLICATION, THAT SUCH USE IS AT YOUR SOLE RISK AND THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR APPLICATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. WE WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.

15. THESE LIMITATIONS OF LIABILITY SHALL APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

Indemnity

16. You agree to defend, indemnify and hold us and our 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 or Application, except to the extent that we fail to perform our express obligations to you under this Agreement.

Mandatory Arbitration

17. Any claim, dispute, or controversy between you and us or any holder of this Agreement, or the employees, agents or assigns of any of them, arising from or relating to the web site, Application or this Agreement (or any prior agreement between you and us with respect to the web site or Application), or the relationships which result from this Agreement ("Claim"), including but not limited to any tort or statutory Claim, and any Claim seeking monetary, equitable, or other relief 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 arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which you reside. Rules and forms of the NAF may be obtained and all claims will be filed at any NAF office, by visiting www.adrforum.com or by calling (800) 474-2371.

18. You and we will each be responsible for paying our own fees, costs and expenses and the arbitration fees as designated by the Code. However, for a Claim of $15,000 or less, if you so request in writing, we will pay your arbitration fees due to the NAF; for a larger Claim, we will consider any request to pay your fees due to the NAF. The arbitrator's power to conduct any arbitration proceeding under this arbitration agreement will be limited as follows: any arbitration proceeding under this Agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or any other proceeding involving multiple claimants. Only a court, not an arbitrator, may determine the validity of the preceding sentence. We will not elect to arbitrate an individual Claim brought in a small claims (or equivalent) court, unless that Claim is transferred, removed, or appealed to a different court. The arbitrator will apply all applicable substantive law.

19. 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. 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.

20. This arbitration provision will not apply to the extent that the arbitration provision in the FRN™ Dining Program Agreement applies.

Changes

21. We reserve the right, at our sole discretion, to modify, add or remove ("Change") any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when posted on the Site or made available via the Application. Your continued use of the Site or Application after any Changes to this Agreement are posted will be considered acceptance of those Changes. We may terminate, change, suspend or discontinue any aspect of the Site or Application, including the availability of any features of the Site or Application, at any time. We also may impose limits on certain features and services or restrict your access to part or all of the Site or Application without notice or liability.

Enforcement and Choice of Law

22. This Agreement shall be governed by the laws of the Illinois, without regard to its conflict of laws principles. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement 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 this Agreement shall be unenforceable.

Our Privacy Policy

23. Our FRN™ Dining Privacy Policy and our Merchant Privacy Policy describe the types of information that we may collect when you visit the Site or use the Application and how we may disclose that information. By using the Site or Application, you agree to the terms of the applicable privacy policy.

Entire Agreement

24. Subject to the terms of any other agreement(s) applicable to any products or services accessed or purchased by you from us, these terms constitute the entire agreement between you and us governing your use of this Site or Application. Should any provision in these terms conflict with the terms of any other agreement applicable to any products or services accessed, requested or purchased by you from us, the terms of such other agreement(s) will control with respect to the products and services to which such terms apply.

This Agreement was last revised on May 13, 2014.