Effective as of August 1, 2016
Please note that Town Pump reserves the right to amend this Agreement without your consent or advance notice. This Agreement may be revised periodically and for that reason Town Pump encourages you to review this Agreement on a regular basis. All revisions will be posted online and the effective date of the change will be immediate.
Online Properties Defined and Use
The “Online Properties” shall mean Town Pump’s webpages including, without limitation, Town Pump managed webpages under www.townpump.com, www.townpumpconvenience.com, www.montanasbestcasinos.com, www.townpump.com/hotels, Town Pump’s social media sites and all associated contents, functionality and services.
The Online Properties are the property of Town Pump. You are granted non-exclusive, revocable, non-assignable, personal, non-transferable and limited permission to view the Online Properties and to print off copies of any or all of the pages of the Online Properties provided however; (a) it is used only for non-commercial informational purposes (except it may be used in furtherance of your commercial relationship with Town Pump); (b) you do not remove or obscure the copyright notice or other notices; and (c) you do not violate this Agreement or any third party rights.
Without the prior written consent of Town Pump you are not allowed (a) to modify, copy, mine, scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or material, products or services obtained from the Online Properties; (b) to reproduce any part of the Online Properties or mirror any material contained on the Online Properties on any other server; or (c) to create a link to or from the Online Properties.
Town Pump reserves the right, at its discretion, to refuse access to the Online Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement. Town Pump reserves the right to withdraw or amend the Online Properties, and any service or material provided on the Online Properties, in its sole discretion without notice.
Prohibited Use of the Online Properties
You agree that all information you provide on the Online Properties is correct, current and complete. As an express condition of your use of any Online Property, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement and the same could lead to criminal or civil prosecution. Also, you agree not to use the Online Properties in any way that could damage, disable, overburden, or impair the same, or interfere with others’ use. Furthermore, you agree not to attempt to gain access to Town Pump’s computer systems or networks connected to Town Pump through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Online Properties. Additionally, you agree not to impersonate or attempt to impersonate Town Pump, a Town Pump employee, another user or any other person or entity.
The Online Properties contain opportunities to provide your electronic signature. “Electronic signature” means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation “I Accept” checkboxes, buttons or click-throughs, email or other electronic methods of signature. Where you so indicate by electronic signature, you agree that each electronic signature you provide through the Online Properties is intended to authenticate the applicable writing and that your electronic signature is the legal equivalent of your manual signature. You have the right to revoke continued use of your electronic signature at any time by email to firstname.lastname@example.org, however any such revocation will not alter the validity and enforceability of any previously provided electronic signatures.
Product and Service Information
The information and material presented on or through the Online Properties is made available solely for general information purposes. The Online Properties may contain information related to Town Pump and its daily fuel prices, product information and pricing, store specials, manufacturer’s rebates, store facilities, store locations, service offerings, service availability, and other special offers. Town Pump makes no warranties or guarantees that such information is accurate or that each service or product will be available at a specific time or at every store location.
Account IDs & Passwords
To access certain portions of the Online Properties, or resources offered through the Online Properties, you may be asked to provide certain registration details or other information, such as user identification numbers, names or passwords (“Account IDs”).
You are solely responsible for maintaining the confidentiality of your Account IDs and agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of secure areas of the Online Properties through any methods, including unauthorized access through or to your Account IDs. Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of any Account IDs. You agree that Town Pump or third parties may suspend your access pending an investigation of the use of any of your Account IDs. You agree to cooperate fully with any and all investigations. You agree to notify Town Pump immediately of any unauthorized use of your Account IDs. You agree that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and that Town Pump will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
Information You Provide on the Online Properties
You also may provide information to be published or displayed on public areas of the Online Properties, or transmitted to other users of the Online Properties (“User Contributions”). Your User Contributions must be legal and ethical, may be accessible by the general public and are posted on and transmitted to others at your own risk. Further, you agree not to post or transmit any of the following materials on the Online Properties: (a) anything that interferes with or disrupts the Online Sites, or operation thereof; (b) statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others; (c) unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others; (d) statements or material that violates other contractual or fiduciary rights, duties, or agreements; (e) statements or material that is bigoted, hateful, or racially offensive; (f) statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction; (g) statements or material that constitutes anti-competitive collaboration and/or antitrust violations; (h) statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; (i) statements or material that harms minors; (j) statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Town Pump; (k) statements or material that misrepresents your affiliation with any entity and/or Town Pump; (l) anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual; (m) chain letters or pyramid schemes; (n) statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials; (o) statements or material that are “off-topic” for a designated Forum; (p) files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Online Properties.
Town Pump reserves the right to remove User Contributions and/or the ability to submit User Contributions at any time.
Third Party Sites and Content (Links to Other Websites)
All names, logos and marks (“Marks”) appearing on the Online Property, except as otherwise noted, are trademarks owned or used under license by Town Pump in the geographies where Town Pump markets products or services bearing such Marks. You may not use any of Town Pump’s trademarks, service marks, trade names, trade dress or other intellectual property without the express written permission of Town Pump and such use must adhere to Town Pump’s instructions and guidelines, including without limitation Town Pump’s published brand identity guidelines, and applicable law. Please email: email@example.com for logos and a complete branding guide.
To assist and inform you and other users of Town Pump’s Online Properties, Town Pump displays or makes fair use of licensed trademarks, service marks, logos, graphics, designs, names, and the like of third parties for display on the Online Properties. Town Pump makes no claim of ownership of these marks, and such materials are to be considered the exclusive property of the respective third parties. Town Pump’s use of the marks of third parties is not intended to suggest corporate affiliation with, sponsorship of or endorsement by the mark’s holder.
Promotions; Rewards Program
Town Pump may offer you the ability to participate in its promotions and rewards program through the Online Properties, which may include additional terms relating to rewards.
Disclaimer of Representations and Warranties
THE ONLINE PROPERTIES ARE PROVIDED BY TOWN PUMP ON AN “AS IS” AND “AS AVAILABLE” BASIS. VISITORS TO THE ONLINE PROPERTIES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE ONLINE PROPERTIES. TOWN PUMP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PROPERTIES OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE ONLINE PROPERTIES. TO THE FULL EXTENT PERMITTED BY LAW, TOWN PUMP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. TOWN PUMP MAKES NO WARRANTIES THAT USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Representation and Warranty; Indemnity
BY ACCESSING OR USING THE ONLINE PROPERTIES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE ONLINE PROPERTIES.
Limitation of Liability
TOWN PUMP WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES, THE UNAVAILABILITY OF THE ONLINE PROPERTIES OR THIRD PARTY WEBSITES, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA, PROFITS, USE, BUSINESS OR GOODWILL, OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF TOWN PUMP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE PROPERTIES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE PROPERTIES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ONLINE PROPERTIES.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TOWN PUMP, AND THE ONLINE PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE ONLINE PROPERTIES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF TOWN PUMP FOR ANY REASON WHATSOEVER RELATED TO USE OF THE ONLINE PROPERTY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TOWN PUMP IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THIRTY DAYS.
Modification and Effectiveness
Town Pump may amend or replace any part of this Agreement and any additional terms as may be published and incorporated into this Agreement(“Additional Terms”) from time to time without specific prior notice to you. Any modifications to this Agreement or any applicable Additional Terms will be effective immediately upon posting of, or reference to the posting of, such modification on the Online Properties. It is your responsibility to review the Agreement and any applicable Additional Terms each time you use the Online Properties so that you are aware of any modifications made. Usage of the Online Properties means you accept the then current form of the Agreement and any applicable Additional Terms. By continuing to visit and use the Online Properties following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement. If you object to any such changes, your sole recourse is to cease using the Online Properties.
This Agreement and any applicable Additional Terms constitute the entire agreement between you and Town Pump regarding the Online Properties, and supersede all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Online Properties, and the content, products or services provided by or through the Online Properties. If any provision of this Agreement or any applicable Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement and any applicable Additional Terms, which shall remain in full force and effect. No waiver of any term of this Agreement or any applicable Additional Terms shall be deemed a further or continuing waiver of such term or any other term.
You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The section headings are provided for convenience only and shall not limit the full terms of this Agreement. Town Pump may assign its rights and obligations under these terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Town Pump.
If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement and any applicable Additional Terms, please contact Town Pump at firstname.lastname@example.org or by any means listed on the “Contact Us” webpage at www.townpump.com
Effective as of August 1, 2016
The Types of Information Town Pump Collects & The Ways Town Pump Uses Information
- Information Town Pump Collects Automatically. Town Pump and its Service Providers (defined below) may automatically collect certain usage information about you when you access or use the Online Properties, which may include IP address; device identifier; Ad ID; browser type; operating system characteristics; information about your use of Town Pumps’ Online Properties; and data regarding network connected hardware (e.g., computer or mobile device). This information does not identify you personally. Town Pump uses this information to help evaluate visitor traffic patterns and improve its Online Properties by making its systems more responsive to the needs of visitors.
Town Pump may track your visit to its Online Properties by giving you HTML “cookies” when you enter. Cookies are pieces of information transferred to your device’s hard drive or shared with your device’s temporary memory for record-keeping purposes. Town Pump’s cookies do not store personal information. Cookies allow Town Pump to save preferences for you to make visiting its Online Properties easier. Cookies also help Town Pump to collect anonymous click-stream data for tracking visitor trends and patterns. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie or to refuse to accept cookies. You should understand that certain areas of Town Pump’s Online Properties may not function properly if you set your browser to not accept cookies.
- Information You Provide Town Pump. Town Pump and its Service Providers collect information you provide directly via the Online Properties. This information may include personal information such as your name, address, telephone number, email address, social security number, date of birth (where permitted by law) and other information, in connection with services and products available or described on the Online Properties when you choose to provide such information. For example, Town Pump collects information in connection with:
- Town Pump App
- Offer and Promo email forms
- Town Pump’s affiliated “Contact Us” pages
- Internal benefits portals
- Application for employment and recruitment portals
- Information From Other Sources. In addition, Town Pump may obtain information about you from other sources and combine that with information Town Pump collects about you. This information may include personal information such as your name, address, email address, social security number and date of birth (where permitted by law), prior work history and other background information from the third party Service Providers hosting the following Online Properties when you choose to provide the information:
- Town Pump’s Career Websites,
- Customer Electronic Payment and Billing Systems,
- Individual Store Websites,
- Town Pump’s Mobile App, and
- Town Pump’s Vendor Portals
See the section entitled “Privacy Policies of Other Websites” below for more information regarding your privacy on third party links posted to Town Pump’s Online Properties.
Consent to Use Information
By providing information to any of the above areas, including personal information, you grant Town Pump permission to use such information for Town Pump business purposes including, without limitation, targeted online advertising for employment, products or services, contacting you regarding employment opportunities, credit applications or product offers, and you grant Town Pump permission to securely transmit your personal information to third parties to fulfill its business purposes. Further, Town Pump may contact you about selected employment positions, products, services, companies and events that Town Pump thinks may interest you, or contact you to obtain or regarding your opinion, requests, questions, comments or other information you have provided. If you later decide you do not want your information to be used in these ways, please let Town Pump know through the opt-out procedures described below. Please also see the section below entitled “Electronic Communications from Town Pump.”
By providing the personal information of a person other than yourself or that of an entity to any of the above areas, you are solely responsible for obtaining from such person or entity any and all required rights, releases, consents, clearances, licenses, and other authorizations necessary to exploit and otherwise use their information (the “Clearances”). By submitting such information, you represent and warrant to Town Pump that all required Clearances have been obtained and Town Pump is entitled to rely on the same.
How Town Pump Discloses Information It Collects
How Town Pump Protects Your Information
- Information Security. Town Pump does not warrant the security of your information. However, Town Pump utilizes a variety of security controls to safeguard the confidentiality of personal information it collects from unauthorized access or disclosure and accidental loss, alteration or destruction.
- Evaluation of Information Protection Controls. Periodically, Town Pump’s controls are reviewed for security, confidentiality and quality.
- Employee Access to Your Information. In general, Town Pump’s business practices limit employee access to personal information and limit the use and disclosure of such information to authorized persons, processes and transactions.
Opt-out; Access & Correction of Information
Town Pump’s mobile applications may send you notifications that may include alerts, sounds, and icon badges. These push notifications or in-app messages may include both operational messages and promotional messages regarding products, services and offers that may be of interest to you. These can be configured in settings. As with emails, even if you opt-out of receiving promotional communications, Town Pump may continue to send you non-promotional push notifications, such as those about your use of the applications or any ongoing business relations.
You may access or correct your information by logging into your account, if any, or contacting Town Pump at email@example.com
The Online Properties are intended for a general audience and not directed to individuals less than eighteen (18) years of age. Town Pump will not knowingly collect personal information from children under the age of eighteen (18) consistent with the Children’s Online Privacy Protection Act. If Town Pump becomes aware that a child under the age of eighteen (18) has provided personal information through its Online Properties, Town Pump will delete such information from its files. If you are under the age of eighteen (18), please do not attempt to provide any personal information on Town Pump Online Properties. If you are a parent or legal guardian of someone under the age of eighteen (18) whom you believe has submitted personal information to Town Pump, please contact Town Pump at firstname.lastname@example.org and Town Pump will take appropriate steps to remove such information from its files.
Electronic Communications from Town Pump
You may be given the opportunity to consent and request to receive from Town Pump and/or its third party Service Providers, by electronic delivery (which includes but is not limited to email, text message, mobile app push message, automatic telephone dialing system or artificial or prerecorded voice recordings to cell phones and landlines “Electronic Communications”), promotional and marketing information and materials, documents, and any other communications. Your consent is your specific agreement that Electronic Communications provided by Town Pump are reasonable and proper for the purpose of any and all laws, rules, and regulations, and you agree that such Electronic Communications fully satisfy any requirement that such communications be provided to you in writing or in a form that you may keep. By providing your consent, you acknowledge that, for your records, you are able to access and retain Electronic Communications and this Agreement by printing and/or downloading and saving each to a computer (a Microsoft, or a comparable, operating system is required to access or retain such records). You acknowledge and agree that you are under no obligation to (a) consent to receive Electronic Communications; or (b) receive Electronic Communications as a condition of purchasing any property, goods or services from Town Pump.
Your current valid contact information will be required in order for you to receive Electronic Communications from Town Pump. You must also download the Town Pump mobile app to receive push messaging. It is your responsibility to ensure the accuracy of your contact information. You may request a paper version of any agreement to which your electronic signature applies. You acknowledge that Town Pump reserves the right to charge you a reasonable fee for the production and mailing of any such agreement. To request a paper copy contact Town Pump at email@example.com
You have the right to withdraw your consent to receive Electronic Communications from Town Pump. You acknowledge and agree that Town Pump has the right to restrict or terminate your access to certain aspects of the Online Properties if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, contact Town Pump at firstname.lastname@example.org.
Release and Limitations
By using the Online Properties you release Town Pump from and agree that Town Pump is not responsible for: (a) any disclosure of personal information made by you to a Service Provider through your use of the Online Properties; (b) any disclosure of personal information obtained illegally from Town Pump; or (c) any accidental disclosure of personal information made by Town Pump.
Privacy Policies of Other Websites
How to Contact Town Pump