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Terms and Conditions

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Terms and Conditions

1. About Us

The Fuel Rewards Network Online Mall website located at shop.fuelrewards.com (the "Site") is owned and operated by Cartera Commerce ("we," "us," or "our") and is accessed through www.fuelrewards.com (the "Fuel Rewards Network Site").

2. Acceptance of Terms

By accessing or using the Site, you agree to be bound by the terms of this Agreement. We encourage you to review this Agreement periodically for any updates or changes. If you do not accept the terms of this Policy, please do not use this Site.

3. Privacy

You agree that you have read and understand the terms of the Site's Privacy Policy, which is incorporated herein. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site.

4. Risk of Using the Site and the Internet

You assume total responsibility and risk for your use of the Site and the Internet. You acknowledge and agree that any uploads or transmission you make to, from or through the Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.

5. Downloading Materials from the Site

You understand that we cannot and do not guarantee or warrant that materials available for downloading from the Site, including without limitation links, will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

6. Enrollment

The Fuel Rewards Network program (Fuel Rewards Network) is operated by Excentus Corporation ("Excentus"). When you enroll in the Fuel Rewards Network as a member ("Member") you are able to collect price per unit fuel discounts ("Fuel Rewards") by purchasing qualified products at participating retail locations ("Participating Retailers") and websites ("Merchants") and to redeem the Fuel Rewards in your account ("Account") at participating fuel sites.

To participate in the Fuel Rewards Network, you must create an Account through the Fuel Rewards Network Site and be a Member in good standing in the Fuel Rewards Network. See the Fuel Rewards Network Site for more information. The Fuel Rewards Network Site is operated by Excentus, not by Cartera Commerce. Use of the Fuel Rewards Network Site is subject to the terms and conditions and privacy policy displayed on the Fuel Rewards Network Site and the policies established by Excentus.

7. Earning Rewards

For the purposes of these Terms and Conditions, a transaction is a "Qualifying Transaction" once all conditions in a Merchant's offer with respect that transaction, including any waiting periods, have been satisfied and the transaction meets all applicable Fuel Rewards Network standards. Subject to these Terms and Conditions, you will receive Fuel Rewards on all Qualifying Transactions ("Online Mall Fuel Rewards") made at, from or with Merchants in the amounts set by those Merchants and subject to those Merchants' terms and conditions. We may in our discretion provide a promotional page or other description on the Site of each Merchant's terms and conditions. Merchants may impose conditions or restrictions different from, or in addition to, those described on such promotional pages or in such descriptions. We are not responsible for setting or maintaining the amount of Online Mall Fuel Rewards offered by any Merchant or for requirements of any Merchant's program or offer. The amount of Online Mall Fuel Rewards rewarded, as well as the terms and conditions of any Qualifying Transaction, may change for any offer at any time. We do not represent or warrant that any particular Merchant will participate in the Fuel Rewards Network at the time you join the Fuel Rewards Network or at any time thereafter. We do not assume any liability, obligation or responsibility for any part of any correspondence with, or offers or promotions of, any Merchant, including without limitation the withdrawal or modification of any such offer or promotion.

8. Posting of Rewards to Your Account

Online Mall Fuel Rewards that you accrue as a result of Qualifying Transactions will be posted to your Account, and a summary of activity in your Account will be displayed on the Fuel Rewards Network Site. Online Mall Fuel Rewards will normally be posted to your Account within 4 to 5 days from the date of your purchase from a Merchant, but we do not assume any liability for a failure to do so in a timely manner. You are solely responsible for checking your Account regularly to ensure that your Online Mall Fuel Rewards are properly credited. If proper credit does not appear on your activity statement, you should contact Fuel Rewards Network Member Support via the Fuel Rewards Network Site and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether Online Mall Fuel Rewards should have been posted to your Account and request that Excentus adjust your Account accordingly. You acknowledge that any such determination by us will be final and binding.

We will credit your Account with only those Online Mall Fuel Rewards you earn by dealing with authorized Merchants in good standing with us, and may require Merchant authorization to do so. We are not responsible if a Merchant delays or fails to make such an authorization or for any other delay in recording Online Mall Fuel Rewards in your Account. We may refuse to record or honor Online Mall Fuel Rewards in your Account, or if already recorded, we may instruct Excentus to deduct them, if we cannot confirm that they were properly issued or obtained. We may also instruct Excentus to deduct recorded Online Mall Fuel Rewards if the issuing Merchant does not pay amounts owing to us or tells us to cancel the Online Mall Fuel Rewards (for example, because you returned or didn't pay for products or services for which the Online Mall Fuel Rewards were issued). Any dispute must be settled between you and the Merchant.

9. Taxes

We will not be liable or responsible in any manner for any tax consequences which may result from a Member's participation in the Fuel Rewards Network. Each Member is solely responsible for any tax liability, including all applicable filing and reporting obligations, connected with the receipt of Fuel Rewards or use of Fuel Rewards earned through participating in the Fuel Rewards Network. Members should consult with their tax advisors regarding the accumulation and use of Fuel Rewards.

10. Adjustments

In the case of any failure by you to follow these Terms and Conditions or any other fraud or abuse related to the Fuel Rewards Network, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding Online Mall Fuel Rewards have been credited, as determined by us in our sole discretion, we and our partners 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 Online Mall Fuel Rewards earned through the Fuel Rewards Network may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Online Mall Fuel Reward you receive upon redemption of Online Mall Fuel Rewards that are subsequently deducted from your Account.

11. Restrictions on Rewards

Accrued Online Mall Fuel Rewards do not constitute property of a Member and have no value outside of the Fuel Rewards Network. Online Mall Fuel Rewards are not eligible for use until they have appeared in a Member's Account. Online Mall Fuel Rewards accrued by a Member are for the Member's benefit only and may not be exchanged for cash, assigned, brokered, bartered, attached, pledged, gifted, sold, or transferred under any circumstances, including but not limited to, upon death, as part of a domestic relations matter or otherwise by operation of law, without our express prior approval. We will not have any liability for disagreements between or among Members regarding Online Mall Fuel Rewards.

12. Collection and Use of Certain Information

We may send you certain program information that can include periodic statements of your account and other information necessary for administration; marketing materials which will inform you of special offers and products we believe would be of interest to you; and marketing materials from third parties that have a relationship with the Fuel Rewards Network. As a Member of the Fuel Rewards Network, you have consented to receive all of the kinds of information described above. However, you will be given the opportunity to opt-out and not receive marketing information.

You acknowledge that in order to operate the Fuel Rewards Network, we will collect information about you and your purchases from Merchants. You authorize Merchants and their respective agents to disclose to us any and all information with respect to your purchases from such Merchant initiated via the Site, 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 Merchants harmless for any information so disclosed to us.

You authorize us to use any such information and to disclose such information (a) to our representatives and agents in order to administer the Fuel Rewards Network, (b) to third parties, where necessary or convenient for transfer or redemption of your accumulated Online Mall Fuel Rewards or otherwise in connection with the Fuel Rewards Network, (c) to comply with requests, orders or subpoenas from courts of law or any regulatory, legislative or administrative bodies and (d) otherwise in accordance with the terms of the Privacy Policy on the Website.

13. Termination, Changes and Breach

We may change these Terms and Conditions without notice and even though changes may affect the value of Rewards already accumulated. For example, but without limitation, we or our partners may (a) increase or decrease the number of Online Mall Fuel Rewards received from participating Merchants or required for an Online Mall Fuel Reward; (b) withdraw, limit, modify, or cancel any Online Mall Fuel Reward; (c) add blackout dates, limit Online Mall Fuel Rewards available at any participating event, or otherwise restrict the continued availability of Online Mall Fuel Rewards; or (d) change Fuel Rewards Network benefits related to Fuel Rewards Network Online Mall, participating Merchants, conditions of participation, rules for earning, redeeming, retaining, or forfeiting Online Mall Fuel Rewards, or rules governing the use of Online Mall Fuel Rewards. The accumulation of Online Mall Fuel Rewards does not entitle Members to any vested rights with respect to Online Mall Fuel Rewards or Fuel Rewards Network benefits. In accumulating Online Mall Fuel Rewards, Members may not rely upon the continued availability of any Online Mall Fuel Reward or Online Mall Fuel Reward level. For the most current Terms and Conditions and other Fuel Rewards Network Program details and information, visit the Fuel Rewards Network Site.

14. Links to Other Websites

Any links to other websites are provided merely as a convenience to the users of this Site. We have not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.

The proposal, presentation, purchase, sale, and distribution of goods or services are transactions conducted by the merchants with the user of the website.

TO THE EXTENT PROVIDED BY LAW, CARTERA COMMERCE AND ITS AFFILIATES, DIRECTORS, AND EMPLOYEES DISCLAIM ANY AND ALL WARRANTIES AND LIABILITY FOR SUCH TRANSACTIONS, GOODS, AND SERVICES SINCE THESE ARE CONDUCTED WITH AND PROVIDED BY PARTIES INDEPENDENT OF CARTERA COMMERCE. THE USER OF THIS SITE ACKNOWLEDGES SUCH DISCLAIMER. IN NO EVENT WILL CARTERA COMMERCE OR ITS AFFILIATES, DIRECTORS, AND EMPLOYEES BE RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE BASIS OF THE CLAIM AND WHETHER OR NOT IT WAS ADVISED OF THE POSSIBILITY.

15. Acceptable and Lawful Use of the Site

Any information provided by you in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any Cartera Commerce or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for the Site or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the Site, including but not limited to unsolicited e-mail, also called spam.

16. NO WARRANTIES

THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

CARTERA COMMERCE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY GOODS OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. CARTERA COMMERCE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

17. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CARTERA COMMERCE, ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE THE SITE; (II) ANY INACCURACIES OR OMISSIONS IN THE CONTENT; (III) USE OF THE CONTENT; (IV) THE COST OF PROCURING SUBSTITUTE MERCHANDISE, ADVICE AND SERVICES RESULTING FROM USE OF THE SITE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VI) STATEMENTS, ADVICE, WARRANTIES, GUARANTEES OR CONDUCT OF THIRD PARTIES, AND CARTERA COMMERCE, OR ANY THIRD PARTY ON THE SITE, OR (VII) ANY OTHER MATTER RELATING TO THE USE OF THE SITE.

YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, ADVICE, MERCHANDISE, GOODS AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL CARTERA COMMERCE' TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO THE SITE, IF ANY, FOR THE USE OF THE SITE BY YOU OR $1.00.

BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF CARTERA COMMERCE, AND ITSAFFILIATES, PARTNERS, CONTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, ATTORNEYS AND AGENTS.

18. Indemnification

You agree to indemnify, defend and hold Cartera Commerce, and their affiliates, partners, contributors, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) resulting from (i) your use of the Site, (ii) your use of, or reliance on the products, services, advice, or information provided through the Site, or (iii) your breach of any provision of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

19. System Outages

We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. Cartera Commerce shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

20. User Content

Should any User respond to Cartera Commerce, any of its employees, agents, partners, or others through the Site, via e-mail, message boards, or otherwise, with any information including, but not limited to, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, or services or any other information ("User Feedback"), such information shall be deemed to be non-confidential and Cartera Commerce shall have no obligation of any kind with respect to such information. Cartera Commerce shall be free to reproduce, use, disclose and distribute the information to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law.

You acknowledge, consent and agree that as operator of the Site, Cartera Commerce may access, preserve, and disclose User Feedback if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any User Feedback violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Site, its users and the public.

21. Children

This Site does not knowingly collect any personal information from children under the age of 13. If you are under 13, you agree that you will not provide personal information about yourself to us through the Site.

22. Governing Law

This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.

23. Choice of Forum

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts and of the United States of America located in the Commonwealth of Massachusetts for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Courts and agree not to plead or claim in any Commonwealth of Massachusetts Court that such litigation brought therein has been brought in an inconvenient forum.

24. International Users

We make no claims that information on the Site is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content, notwithstanding sections 20 and 21 above. User personal information ("Information") that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy.

If you are a non-U.S. user, you acknowledge and agree that we may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.

25. Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by us, at any time or times, to require performance of any provision hereof shall in no manner affect our right at a later time to enforce such provision. No delay or failure by us in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without our express written permission. We may, at any time, assign our rights or delegate our obligations hereunder without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between us and you pertaining to the subject matter hereof and supersede all prior agreements, whether oral or written, and documents regarding your use of the Site.

26. Headings

The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.

27. Updates and Modifications

In our sole discretion, we may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact Cartera Commerce.

28. Termination

We may immediately issue a warning, suspend or terminate your access to the Site for breach of this Agreement (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.

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