This Cardmember Agreement governs the relationship of Speedy Stop Food Stores, LLC (“Speedy Stop”) and the Customer named in the Credit Application (the “Customer”) relating to the establishment of an account (“Account”) with Speedy Stop.  Any extension of credit to the Customer made by Speedy Stop (along with its affiliates, subsidiaries, agents, and assigns) pursuant to this Cardmember Agreement is made in Speedy Stop’s sole discretion and is subject to the following terms and conditions:

1. Acceptance. Customer’s signature on the Credit Application constitutes Customer’s acceptance of this Cardmember Agreement. Customer authorizes Speedy Stop to obtain credit information from each of the references listed above as well as any national credit bureau or credit reporting agencies including any updated information Speedy Stop may request in the future.
2. Purpose of Account and Card Use. Speedy Stop will establish Customer with an account and provide Customer with fuel card(s) so Customer and those persons to whom Customer provides a fuel card (“Card User”) may purchase fuel and other merchandise as available at participating Speedy Stop network merchant locations.  All fuel cards issued to Customer shall remain the property of Speedy Stop and may be cancelled, revoked, or restricted from use at any time.  Customer represents and agrees that the Account and fuel card(s) are for valid and lawful business purposes.  All fuel card(s) are secured by Personal Identification Numbers (PIN) for fraud protection.  Maintaining the secrecy of PIN information protects Customers from abuse and fraudulent use of fuel card(s).  Customer shall be responsible for all fuel card initiated charges to Account, whether or not authorized.  The use of any fuel card by Customer constitutes the acceptance of the terms and conditions set forth herein.  Speedy Stop reserves the right to change the terms and conditions set forth in this agreement from time to time.  Customer acknowledges and agrees that it will be bound by the then current Cardmember Agreement posted at speedystop.com/fleetTandC.   
3. Line of Credit. If Customer is approved for an extension of credit, Speedy Stop will assign to Customer a maximum credit amount (the “Line of Credit”). Speedy Stop may increase, reduce, or withdraw the Line of Credit at any time, in its sole discretion, and without prior notice to Customer. Speedy Stop may elect to deliver products or services in excess of this Line of Credit, though it is not obligated to do so and such products or services will be subject to this Cardmember Agreement. If (a) Customer’s credit becomes impaired or unsatisfactory to Speedy Stop, (b) Customer fails to make any payment due to Speedy Stop, or (c) Customer defaults in the performance of any of its obligations under any agreement with Speedy Stop, Speedy Stop may suspend Customer Purchases until such time as Customer has made satisfactory credit arrangements with Speedy Stop.
4. Credit Limit. Speedy Stop will advise Customer of its available credit limit upon acceptance of the Speedy Stop Fleet Credit Card Application and Cardmember Agreement.  Speedy Stop may request additional credit information before approving higher credit limits.
5. Billing and Reporting. The Speedy Stop Fleet Card System is a web based real time online system.  Our Cardmember Access capability enables Customer with online access to view purchases, review historical data, assign fuel cards to vehicles and/or drivers, change PINs, and suspend cards if necessary.  Transactions and reports are exportable from Cardmember Access for external processing.  Speedy Stop billing is performed on the 1^st and 15^th of each calendar month.  All invoices are emailed to the specified billing recipient(s) email address.  All payments are received by ACH.  A draft for the invoice amount will be submitted to Customer bank account on the next business day after the invoice date.  As a condition of this Cardmember Agreement and the issuance of the Account, Customer agrees to provide Speedy Stop with a completed Electronic Funds Transfer Authorization Form. 
6. Disputed Item. Customer must notify Speedy Stop in writing of any disputed items on Customer’s invoice within ten (10) days from the invoice date, or it will be deemed undisputed and accepted by Customer.  Speedy Stop is not responsible for any problem Customer may have with goods or services charged on the Account. 
7. Rights Upon Nonpayment. If any amount required to be paid by Customer, or the personal guarantor listed, to Speedy Stop is not made in full on or before the due date for such payment, all amounts owed by Customer to Speedy Stop will begin accruing interest immediately at a rate equal to the lesser of (a) 1.5% per month (18% per annum) or (b) the applicable maximum legal rate and Speedy Stop may terminate any credit accounts, the Credit Application and any other agreement with Customer without notice or opportunity to cure and declare the entire balance of Customer’s account(s) immediately due and payable. Termination of this Agreement does not release Customer of its obligation to pay any amounts owed to Speedy Stop under this or any other agreement. If any unpaid amount is referred to an attorney for collection, Customer must pay Speedy Stop’s reasonable attorneys’ fees, court costs, and all other charges or expenses accrued in any collection effort. The election by Speedy Stop of any particular right or remedy will not be deemed exclusive of any other right or remedy, and all rights and remedies of Speedy Stop will be cumulative.
8. Business Terms. Other than the warranties provided by Speedy Stop in any applicable agreement between Speedy Stop and the Customer, all express and implied warranties with respect to products or services provided by Speedy Stop to Customer are hereby waived by Customer, including warranties of merchantability and fitness for a particular purpose. The sole remedy for defective products or services provided by Speedy Stop to Customer will be a replacement of defective goods or a re-performance of defective services. Customer will be responsible for any sales tax, use tax, environmental tax or fee, and any other duty, tax, fee, or charge which Speedy Stop may be required to collect or pay under any municipal, county, state, federal, or other laws or regulations now in effect or hereafter enacted with respect to the sale, delivery, or use of any product (including fuel) or other services provided to Customer. IN NO EVENT SHALL SPEEDY STOP BE RESPONSIBLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SPEEDY STOP WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SPEEDY STOP MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. Termination, Default and Remedies. Either party may terminate this Cardmember Agreement upon thirty (30) days’ written notice.  In the event of Customer’s default under this Cardmember Agreement, including without limitation, failure to comply with the credit limit and payment terms provisions, Customer’s bankruptcy or insolvency, or any other event that causes Speedy Stop, in its sole discretion, to feel insecure, Speedy Stop shall have the right to immediately suspend the Account until such issue is resolved.  In the event of any such breach, default, or other issue is not cured or resolved within a reasonable period of time, not to exceed ten (10) days, then Speedy Stop may terminate this Cardmember Agreement.  Customer’s obligation to pay for all outstanding amounts on the Account incurred before the effective date of termination shall survive termination and remain outstanding until paid.  The acceptance of any past due amount by Speedy Stop does not alter Customer obligation to pay the full amount due or alter the terms and conditions of this Cardmember Agreement. 
10. Amendments; Waivers; Severability. Speedy Stop may change or amend any part of this Cardmember Agreement from time to time and in its sole discretion. Any such change will become effective upon posting to speedystop.com/fleetTandC.  Any waiver by Speedy Stop of any provision of this Cardmember Agreement or failure to enforce any right or remedy granted to it hereunder will not operate or be construed as a waiver of any subsequent breach, right, or remedy. If any provision of this Cardmember Agreement is determined to be void, invalid, or unenforceable, the remainder will be unaffected and will be enforceable as if the void, invalid, or unenforceable provision was not contained in this Cardmember Agreement.
11. Governing Law; Venue; Assignment. The Credit Application, this Cardmember Agreement, and all transactions and credit issued pursuant thereto will be governed in accordance with the substantive and procedural laws of the State of Texas. All disputes arising hereunder must be brought in the state or federal courts having jurisdiction in Victoria County, Texas and the parties hereto consent to the exclusive jurisdiction of such courts, agree to accept service or process by mail, and hereby waive the rights to a jury trial and any jurisdictional or venue defenses otherwise available to it. This Credit Application and this Cardmember Agreement will be binding upon and will inure to the benefit of the parties hereto and their successors and assigns. Facsimile signatures will be acceptable and will be deemed as original signatures. Customer may not assign the Credit Application, this Cardmember Agreement, or any credit granted by Speedy Stop without the prior written consent of Speedy Stop.