Speedy Stop Rewards +PAY Loyalty Program
Last Updated: 3/21/2022
(Includes an Arbitration Agreement)
(2) Modification of Agreement. Company reserves the right, at its sole discretion, to change, modify, add or remove, cancel or otherwise alter any portion of the Agreement, in whole or in part, at any time. This includes the right to apply such changes retroactively to Rewards (as hereinafter defined) already accrued. Notification of changes in the Agreement will be posted on the website designated on the back of your card or in your mobile application (the “website”); you are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Use of the Program after such changes will be considered your agreement to be bound by any and all such changes.
(3) Company’s Rights in Program. Company may, in its sole discretion, change, suspend, or discontinue any aspect of the Program at any time, including but not limited to benefits, discounts, special offers, promotions, perks, upgrades, exclusives, and/or rewards (collectively, the “Rewards”) and redemption methods. Company may also impose limits on certain features and services or restrict your access to parts or all of the Program or the website without notice or liability. Company reserves the right, in its sole discretion, to refuse service, cancel membership, and suspend or terminate an account.
(4) Usage of the Program. Should you enroll for and use the debit card feature of the Program, you authorize Company or its third-party payment processor to debit from the checking account provided in your enrollment, in accordance with the Rules of the National Automated Clearing House (NACHA), for the purchase amount for goods and/or services you purchased using your card(s) (including its usage through the mobile application). By enrolling in this feature, you represent and warrant the (i) the debit card information you provide to the Company (or its third-party payment processors) is true, correct and complete, (ii) you are duly authorized to use such debit card for any purchases, and (iii) you have sufficient funds available to cover any purchases. You will promptly notify Company (or its third-party payment processors) if your card(s) is/are lost or stolen by calling ZipLine Customer Service at 877-403-2222, and will not change or alter your card(s) or authorize its use by any other person except those that may be designated as part of the enrollment. In addition, you may change your bank information by calling ZipLine Customer Service at 877-403-2222. You understand that an ACH transaction may take up to three (3) business days to POST to your bank account. When you conduct this type of transaction, you are responsible for ensuring that the funds are available at the time the transaction is conducted and processed (posts) to your account. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. In addition, you are authorizing the Company (and its third-party payment processors) to verify your identity. You also authorize Company (and its third-party payment processors) to provide transaction history information to any affiliate or subsidiaries and any third party responsible for any collection from you for unpaid ACH transactions under this Program.
The authorization to complete such transactions will remain in effect until you terminate this Agreement by contacting ZipLine Customer Service at 877-403-2222. You agree that any purchases made prior to cancellation will continue to be your responsibility and will be paid by you.
Should you enroll for and use the Coffee Club subscription plan, you authorize the Company (or its third-party payment processor) to charge the credit card number you provided in your enrollment for the monthly membership fee as stated within the mobile application. By enrolling in this subscription plan and providing such credit card number, you represent and warrant that (i) the credit card information you supply to the Company (or its third-party payment processor) is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you. The subscription automatically renews unless cancelled by you in writing at least 7 days prior to each billing date. You agree that any purchases made prior to cancellation will continue to be your responsibility and be paid by you.
Company is not responsible for income tax or other tax liability (if any) associated with Rewards you earn under the Program. You are responsible for all taxes payable due to your participation in the Program.
(5) Communications. When you enroll in the Program, you may receive communications from the Company including, but not limited to, statements of your account and other information necessary for administration thereof as well as promotional communications from the Company and third parties that have a relationship with the Program. By enrolling in the Program, you have consented to receiving these types of communications. If, at any time, you wish to no longer receive promotional communications relating the Program, you may opt out of the receipt of such promotional communications by clicking on the opt-out link provided at the bottom of each e-mail or by contacting us at email@example.com or calling us at (361) 582-5100. Notwithstanding, the Company reserves the right to send out certain communications, including by email and/or regular mail, relating to membership information and administrative messages that are considered part of your account, without offering you the opportunity to opt out of receiving them. The Company is not responsible and shall have no liability for any promotional or other communications sent to you by third parties.
(7) Indemnification for Your Breach of Agreement. You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, contractors, suppliers, information providers, licensors and licensees, successors and assigns (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 and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Company.
(8) No Warranty. The 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 AND COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE PROGRAM, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE WEBSITE AND/OR MOBILE APPLICATION, 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 RELATING TO OR RESULTING FROM YOUR USE OF THE PROGRAM, THE MOBILE APPLICATION, OR THE WEBSITE. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND/OR THE MOBILE APPLICATION AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY FAILURE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION THE WEBSITE AND/OR THE MOBILE APPLICATION, WHICH RESULTS FROM ACTS OR EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL.
(9) LIMITATION OF COMPANY’S LIABILITY AND DAMAGES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS ARISING FROM LOST OR STOLEN PROGRAM CARDS, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE PROGRAM, THE REWARDS, THIS AGREEMENT, THE MOBILE APPLICATION, 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.
(10) Rewards are Not Transferable and Not Redeemable for Cash. No Rewards may be redeemed until they have been credited to your account. Rewards have no monetary or cash value. As such, they may not be redeemed for cash or any cash equivalent. Additionally, Rewards may not be transferred or assigned and can only be used by you.
(11) Expiration of Rewards. Any points earned by you through the Program will not expire so long as you are enrolled in the Program. Any Rewards redeemed by you through the rewards catalog will expire based on the date shown within the My Account section of the mobile application.
(13) MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS. ANY DISPUTE RELATING IN ANY WAY TO THIS AGREEMENT OR PROGRAM, INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN VICTORIA COUNTY, TEXAS. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO A COURT OR JURY TRIAL. YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY TO A CLAIM BY COMPANY IF YOU HAVE, IN ANY MANNER, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT. IN THE EVENT OF ANY ARBITRATION BOTH YOU AND THE COMPANY AGREE TO PAY THEIR OWN RESPECTIVE ATTORNEYS FEES AND COSTS.
(13) Governing Law. This Agreement and the relationship between you and Company shall be governed by, construed and enforced in accordance with the laws of the State of Texas without giving effect to any conflict of law provisions.
(14) Forum. The parties consent to jurisdiction and venue in the federal or district courts located in the State of Texas, and agree that the jurisdiction and venue of such courts will be sole and exclusive for any and all actions or disputes related to this Agreement or the Program.
(15) No Assignment. This Agreement, and the rights and obligations hereunder, may not be assigned by you.
(16) Severability. The invalidity or unenforceability of any particular provision or provisions of this Agreement shall not affect any other provision or provisions hereof, and, if any one or more provisions of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall be construed in all respects as if such invalid or unenforceable provision or provisions had been omitted.
(17) Waiver. No provision hereof shall be waived except by an agreement in writing signed by the waiving party. Further, a waiver of any term or provision shall not be construed as a waiver of any other term or provision.
(20) Limitation on Commencement of a Cause of Action. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE PROGRAM MUST BE COMMENCED WITHIN 180 DAYS AFTER THE CLAIM OR CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND WAIVED.