MAPCO® WEBSITE & MOBILE APP TERMS OF USE

Effective as of January 1, 2020.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE, LOCATED AT WWW.MAPCOREWARDS.COM, THE MAPCO MOBILE APPLICATION, OR ANY OTHER MAPCO WEBSITE OR APPLICATION (COLLECTIVLY, THE “SITES”) YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITES.

These Website Terms of Use (“Terms of Use”) apply to an individual’s access to, and use of, the Sites, which is operated by MAPCO Express, Inc. on behalf of its or its affiliates (collectively, “MAPCO”, “we", “us” or “our”) in the United States. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with MAPCO for other products and services.

CHANGES TO THE TERMS OF USE AND SITES

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them unless otherwise provided for and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes.

MAPCO RESERVES THE RIGHT TO AMEND, TERMINATE, OR DISCONTINUE THE SITES AT ANY TIME AND IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SITES CONFIRMS YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS, THEREFORE, YOU SHOULD REVIEW THESE TERMS OF USE AND APPLICABLE POLICIES FREQUENTLY TO UNDERSTAND THE TERMS OF USE THAT APPLY TO THE SITES. We may update the content on this Sites from time to time, but their content is not necessarily complete or up-to-date. You agree and understand that any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.

ACCESSING THE SITES AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. Some or all areas of the Sites may be limited in access to only registered users. From time to time, we may further restrict access to some parts of the Sites, or the entire Sites, to users, including registered users.

USE OF THE APP

In order to use certain functions of the Sites, you will need to register for a MAPCO MY Reward$ account and review and agree to the MY Reward$ Terms and Conditions provided at www.mapcorewards.com/terms. You are responsible for maintaining and promptly updating your account information and maintaining the security of your account by not sharing your password with others and restricting access to your account and your mobile device. You take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

PRIVACY

Please carefully read the MAPCO Privacy Policy (“Privacy Policy”) provided at www.mapcorewards.com/privacy to understand how MAPCO collects, uses and discloses information, including personally identifiable information, from its guests. By accessing or using the Sites, you consent to all actions that we take with respect to your data that is consistent with our Privacy Policy. When you sign up for an account using the Sites, you will receive promotional email communications from us according to whether or not you have opted in to receive promotional emails. You may opt out of receiving promotional emails at any time by adjusting your profile settings on the Sites. However, this will not opt you out of receiving transactional emails, such as receipts. Similarly, when downloading the MAPCO mobile application, you are provided the option to opt in to receive push notifications on your mobile device. This may include promotional communications, offers, and system messages pushed to the mobile device. You may at any time opt out of receiving some or all of these push notifications by switching the application settings to “off.”

INTELLECTUAL PROPERTY RIGHTS

The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MAPCO, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Sites. Notwithstanding the foregoing, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to engage in the following:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.


You must not:

  • Modify copies of any materials from the Sites.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites.
  • Access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites.


If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites in breach of these Terms of Use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by MAPCO. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARKS

The MAPCO and MY Reward$ names, and all related names, logos, product and service names, designs, and slogans are trademarks of MAPCO. You must not use such marks without the prior written permission of MAPCO. Some of the other names, logos, product and service names, designs, and slogans displayed on or in connection with the Sites may be the trademarks of their respective owners (collectively with MAPCO trademarks, the “Marks”). Any unauthorized use of the MAPCO and MY Reward$ names, and all related names, logos, product and service names, designs and slogans or the Marks is strictly prohibited.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement by contacting MAPCO as set forth below.

MAPCO Express, Inc.
801 Crescent Centre Drive, Suite 300
Franklin, TN 37067
1-833-80-MAPCO
GuestExperience@mapcoexpress.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification through the contact info listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If MAPCO receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.

In accordance with the DMCA and other applicable law, MAPCO has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. MAPCO may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate MAPCO, a MAPCO employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm MAPCO or users of the Sites or expose them to liability.
  • In any data matching or data mining, including the collection or use of information about other users without their consent


Additionally, you agree not to:

  • Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites.
  • Use the Sites in any manner that may (i) harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (ii) dilute or depreciate the name and reputation of MAPCO, any Marks (as defined herein), partners, licensors, content providers, service providers or contractors thereof, as applicable; (iii) interfere with any other persons’ use and enjoyment of the Sites or of the Internet generally; (iv) result in the circumvention or breach of any user authentication, password, security or control measures regarding the Sites or any other internet resource or computer system; (v) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including any MAPCO representative; or (vi) disclose images of any person or private information about any person (such as names, telephone numbers, e-mail addresses, postal addresses, social insurance or other security number) without that person’s permission.
  • Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
  • Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Sites.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites.
  • Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Sites.


TERMINATION OF USE

MAPCO reserves the right, in its sole discretion, to terminate or suspend your use of or access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use, at any time without notice.

MOBILE PAYMENT

If you elect to use your mobile device through the MAPCO Mobile Application to purchase MAPCO products using a credit card, debit card, or certain other electronic payment methods (“Mobile Payment”), such transactions will be managed by and subject to the terms and conditions of the applicable third-party payment processor (the “Payment Processor”).

By agreeing to these Terms of Use, you agree to be bound by the applicable Payment Processor’s terms, conditions and privacy policies, as may be modified by the Payment Processor from time to time. As a condition of MAPCO enabling payment processing services through the Payment Processors, you agree to provide accurate and complete information, and you authorize the Payment Processor and MAPCO to share with each other your information and transaction information related to your use of the payment processing services.

You are fully responsible for all products you purchase through the Sites, including taxes or fees. When you place an order, you are charged after each order is processed. When you complete your purchase through the Sites, your payment account will be charged for the full amount. MAPCO hereby expressly disclaims, and you hereby expressly release MAPCO from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to MAPCO’s use of third-party payment processing services.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

The Sites may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MAPCO, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MAPCO. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

If the Sites contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, along with links that open non-MAPCO mobile applications. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

LINKING TO THE SITES AND SOCIAL MEDIA FEATURES

You may link to the homepages of our Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Sites may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Sites.
  • Send e-mails or other communications with certain content, or links to certain content, on the Sites.
  • Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.


You are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use any social media features on the Sites solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Sites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
  • Link to any part of the Sites other than the homepage.
  • Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.


You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

GEOGRAPHIC RESTRICTIONS

The owner of the Sites is based in the state of Tennessee in the United States. We provide the Sites for use only by persons located in the United States, excluding persons in California. We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with local laws. You understand and agree that MAPCO will not indemnify you for any loss, damage or adverse result as a result of accessing the Site from outside the United States.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MAPCO NOR ANY PERSON ASSOCIATED WITH MAPCO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER MAPCO NOR ANYONE ASSOCIATED WITH MAPCO REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MAPCO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL MAPCO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

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

DISPUTE RESOLUTION AND BINDING ARBITRATION

BY ACCESSING OR USING THE SITES YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE SITES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

GOVERNING LAW

All matters relating to the Sites and these Terms of Use and any dispute or claim arising from or related to, shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule of any jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites shall be brought exclusively in the court of competent jurisdiction located in Davidson County, Tennessee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

MISCELLANEOUS

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and MAPCO with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

The provisions of these Terms of Use shall inure to the benefit of and be binding upon MAPCO and its respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign these Terms of Use or your rights and obligations under these Terms of Use without the express written consent of MAPCO, which may be withheld in MAPCO’s sole discretion. MAPCO and its service providers may assign these Terms of Use and their respective rights and obligations under these Terms of Use without your consent.

If you have any questions about the Sites, the MY Reward$ program or these Terms of Use, please contact MAPCO by mail at 801 Crescent Centre Drive, Suite 300, Franklin, TN 37067, by email at GuestExperience@mapcoexpress.com or by phone at 1-833-80-MAPCO.

www.mapcorewards.com www.mapcorewards.com/terms www.mapcorewards.com/privacy GuestExperience@mapcoexpress.com GuestExperience@mapcoexpress.com