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 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 email@example.com, 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: firstname.lastname@example.org 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 email@example.com or by any means listed on the “Contact Us” webpage at www.townpump.com.