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SPEEDY REWARDS TERMS AND CONDITIONS
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| Welcome to Speedy Rewards, owned and operated by Speedway
SuperAmerica LLC. These Speedy Rewards terms and conditions form the agreement
(the “Agreement”) between you (“You”) and Speedway SuperAmerica LLC and its
affiliates and subsidiaries (“Company”). You may contact Speedway SuperAmerica
LLC at 500 Speedway Drive, Enon, Ohio 45323; 937-864-3000. |
(1) Agreement to Terms. YOU AGREE TO READ
THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SPEEDY REWARDS PROGRAM.
If you do not agree to these terms and conditions, you may not participate in
the Speedy Rewards program. Use of the Speedy Rewards program signifies your
agreement to the terms and conditions of use set forth below. |
(2) Modification of Agreement. Company
reserves the right, at its sole discretion, to change, modify, add or remove
any portion of this Agreement, in whole or in part, at any time. Notification
of changes in the Agreement will be posted on
www.Speedway.com (the “Website”). Use of the Speedy Rewards program
after such notice will be considered your agreement to be bound by any such
changes. |
(3) Copyright Protection and Use of Company
Information. The Speedy Rewards program is protected by copyright as a
collective work and/or compilation, pursuant to U.S. copyright laws,
international conventions and other copyright laws. Company names, logos and
trademarks may not be used by you in any manner without the prior written
consent of Company.
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(4) Company’s Rights in Speedy Rewards Program.
Company may change, suspend or discontinue any aspect of the Speedy Rewards
program at any time, including but not limited to rewards and point
accrual/redemption methods. Company may also impose limits on certain features
and services or restrict your access to parts or all of the Speedy Rewards
program or the Website without notice or liability. Company reserves the right,
in its sole discretion, to refuse service, cancel membership, suspend or
terminate an account.
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(5) Indemnification for Your Breach of Agreement.
You hereby agree to indemnify, defend and hold Company, and all its officers,
directors, owners, agents, employees, information providers, licensors and
licensees (collectively, the “Indemnified Parties”) harmless from and against
any and all liabilities and costs incurred by the Indemnified Parties in
connection with any claim arising out of any breach by You of the Agreement or
the foregoing representations, warranties and covenants, including, without
limitation, attorneys fees and costs. You shall cooperate as fully as
reasonably required in the defense of any claim. Company reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by You and You shall not in any event
settle any matter without the written consent of Company.
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(6) NO WARRANTY. THE SPEEDY REWARDS
PROGRAM, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE
AVAILABLE TO YOU OR ACCESSED BY YOU THROUGH THE WEBSITE, IS PROVIDED "AS
IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY MAKES NO
REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE
SPEEDY REWARDS PROGRAM, THE MATERIALS, INFORMATION AND FUNCTIONS MADE
ACCESSIBLE THROUGH THE WEBSITE, OR FOR THE PRODUCTS AND/OR SERVICES AWARDED OR
REDEEMED THROUGH THE PROGRAM. FURTHER, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL
NOT BE LIABLE FOR ANY DAMAGES BY USE OF THE SPEEDY REWARDS PROGRAM OR THE
WEBSITE. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR
THE USE OF THE SPEEDY REWARDS PROGRAM, INCLUDING, WITHOUT LIMITATION, THE
WEBSITE AND ANY ERRORS CONTAINED THEREIN. COMPANY SHALL NOT BE LIABLE FOR ANY
FAILURE OF THE SPEEDY REWARDS PROGRAM, INCLUDING THE WEBSITE, WHICH RESULTS
FROM ACTS OR EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL. |
(7) LIMITATION OF COMPANY’S LIABILITY AND DAMAGES
. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS ARISING OUT FROM LOST OR
STOLEN SPEEDY REWARDS CARDS, NOR FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE SPEEDY REWARDS
PROGRAM OR THE WEBSITE. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST
POINTS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER SYSTEMS OR
PROGRAMS, OR ANY INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA.
THE MAXIMUM LIABILITY COLLECTIVELY OF THE COMPANY SHALL NOT EXCEED ONE HUNDRED
DOLLARS ($100) FOR ANY DAMAGES OF ANY NATURE, INCLUDING GROSS NEGLIGENCE,
ARISING IN CONTRACT, TORT OR OTHERWISE. |
(8) Expiration of Points. Points earned on
a Speedy Rewards Membership Card expire after 9 months of account
inactivity. |
(9) Entire Agreement. These terms and
conditions and the Privacy Statement constitute the entire agreement
between Company and You with respect to Your use of the Speedy Rewards program.
Any cause of action You may have with respect to Your use of the Speedy Rewards
program must be commenced within one (1) year after the claim or cause of
action arises. If for any reason a court of competent jurisdiction finds any
provision of the Agreement, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect
the intent of the Agreement, and the remainder of this Agreement shall continue
in full force and effect. |
(10) See also Company’s
Privacy Statement, incorporated herein by reference.
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