Terms

EG America Rewards Program Terms and Conditions

Last Updated: May, 2020

These Terms and Conditions (“Terms”) apply to your use and your participation in our loyalty rewards program, the EG America Rewards Program (the “Program”). By participating in the Program, you hereby agree to be bound by these Terms.  Please read these Terms carefully as they contain very important information about terms applicable to your participation in the Program. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER.   

If you do not agree to these Terms, you may not participate in the Program. Your use and participation in the Program constitutes your express acceptance of the Terms.  Participation in the Program will require enrollment in the Program and collection of certain information as described herein.  If you do not agree to these Terms and are enrolled in the Program, cancel your Account by following the instructions found on our website at www.eg-america.com or by contacting our customer service support center at 1-888-200-6211.  If you are enrolled in the Program, you also agree to the Terms when you make a purchase as a guest.

            If you are using the Program on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.

1.                  Ownership and Protected Information 

1.1       The Program is owned and operated by EG Retail (America) LLC (“EG America” or the “Company”).  You are prohibited from using Company names, logos and trademarks without the prior written consent of Company.

1.2       In order to access and use certain areas or features of the Program, you will need to register for an account (“Account”). You can create an Account by signing up for an Account at any EG America retail location.

By creating an Account, you agree to (a) provide accurate, current and complete Account information, (b) maintain and promptly update, as necessary, your Account information, (c) maintain the security of your Account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use your loyalty rewards card or Account, including by use of the Program on your behalf, and (e) immediately notify us by email at support@egamericastores.com or by phone at 888-200-6211 if you discover or otherwise suspect any security breaches related to your Account. We shall not be responsible for misdirected communications such as mail or e-mail or any consequences thereof.

1.3       The Company, or applicable third-party owner, retains all right, title and interest to and under all patents, trademarks, copyrights, confidential and proprietary information and any other intellectual property right in all information and content in the Program. 

2.                  Participation Requirements

2.1       The Program requirements and Terms are subject to, and apply to your access to, and your participation in the Program. 

2.2       You must be at least eighteen (18) years or older and a resident of the United States to apply for and participate in the Program. The Program is not targeted toward or intended for use by anyone under the age of 18 or not a resident of the United States.

2.3       In order to earn rewards under the Program, you must present a valid loyalty rewards card or corresponding telephone number (or associated 10 digit alternate ID) at the time of the transaction to earn the respective rewards.  Rewards cannot be earned on completed transactions.

2.4       The Company is not responsible for lost, stolen or damaged loyalty rewards cards or unredeemed rewards.  Loyalty rewards cards may be replaced at the sole discretion of the Company. In the event your loyalty rewards card has been lost, stolen or damaged, and you would like a replacement, please contact the Company at 1-888-200-6211 or support@egamericastores.com.  

3.                  Modifications, Expiration, Termination and Forfeiture

3.1       At its sole discretion, the Company reserves the right to change, modify, add or remove any portion, in whole or in part, of these Terms, at any time, without notice, or for any reason whatsoever.  Continued participation in the Program after any such modification of the Terms, which shall be incorporated herein, will constitute your agreement to be bound by such modifications. 

3.2       The Company expressly reserves the right to change, modify, suspend or discontinue any aspect of the Program at any time, with or without notice (except where required by law), and may impose limits on certain features of the  Program without notice or liability, including, but not limited to, rewards and point accrual and redemption methods.

3.3       The Company reserves the right, in its sole discretion, with or without cause or advance notice (except where required by law) to refuse service, cancel membership, suspend or terminate your use of or access to the Program or your Account. 

3.4       You may elect to close your Account, terminate your participation in the Program, and not use our products and services at any time in your sole discretion.  You may cancel your Account by following the instructions found on our website at https://www.eg-america.com/rewards/ or by contacting our customer service support center at 1-888-200-6211.

3.5       Certain provisions will survive cancellation or termination of this Agreement by their nature, including, without limitation, Section 7 (Indemnification), Section 8 (Warranty Disclaimer), Section 9 (Limitation of Liability), Section 10 (Dispute Resolution) and Section 11 (Governing Law and Jurisdiction).

4.                  Communications

4.1       By participating in the Program, you agree to receive various forms of communications from the Company and its affiliates, including advertising and marketing materials, unless you have expressly opted out of such communication, such as by contacting us through our contact information found on our website www.eg-america.com/contact-us/ or through our customer service support center at 1-888-200-6211.

5.                  Additional Terms and Conditions

5.1       Please review any additional terms and conditions that are provided by EG America’s fuel-branded and manufacturer-related partners and affiliates that participate in the Program (the “Rewards Partners”).  Subject to and without limiting the Terms herein, you agree to comply with such additional terms and conditions.  The Company is not responsible for any provisions of such additional terms and conditions provided by Rewards Partners.

5.2       Additional terms and conditions for our Rewards Partners may be obtained through the Rewards Partner website or by contacting the Rewards Partner’s customer support department.

6.                  Privacy Notice

6.1       You acknowledge that in order to operate the Program effectively, we will collect information about you, your participation in the Program and your purchases from us and our Rewards Partners.  You also authorize disclosure of your unique member ID number by: (a) Rewards Partners to the Company; and (b) the Company to our Rewards Partners.

6.2       The use and collection of information by the Company, its affiliates and Rewards Partners through your participation in the Program are governed by our EG America Privacy Policy, which is hereby incorporated into these Terms by reference, and our privacy practices that are outlined in our FAQ document, each located at https://www.eg-america.com/.  We reserve the right to modify our privacy practices pertaining to the Program and reflected in our Privacy Policy from time to time.

7.                  Indemnification

7.1       You agree to indemnify, defend and hold Company and its affiliates and Rewards Partners and all respective officers, directors, owners, employees, parent companies, affiliates, joint ventures, agents, licensors and licensees harmless from and against any and all liabilities and costs, including attorneys’ fees, incurred in connection with any claim directly or indirectly arising out of or related to any actual or alleged breach by you of these Terms.

7.2       The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.  You further agree to cooperate as requested by the Company in the defense of any indemnified claim. 

8.                  Warranty Disclaimer

8.1       THE PROGRAM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED “AS IS.”  TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES AND REWARDS PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE PROGRAM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE.  COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SITE, ITS CONTENT OR THE PROGRAM ARE OF A REASONABLY ACCEPTABLE QUALITY AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.  COMPANY ASSUMES NO RESPONSIBILITY WHATSOEVER, AND SHALL NOT BE LIABLE FOR ANY DAMAGES BY YOUR USE OF THE PROGRAM OR FAILURE OF THE PROGRAM ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL.    

9.                  Limitation of Liability

9.1       IN NO EVENT WILL THE COMPANY OR REWARDS PARTNERS OR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE USE OF THE PROGRAM, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR INFORMATION SYSTEMS, OR THE LOSS OF ANY INFORMATION OR DATA. THE MAXIMUM TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL VALUE OF ANY EARNED REWARDS.  THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. 

10.              Dispute Resolution

10.1      EXCEPT FOR CLAIMS, DISPUTES OR CONTROVERSIES BROUGHT ON AN INDIVIDUAL BASIS THAT ARE WITHIN THE SCOPE OF A SMALL CLAIMS COURT’S JURISDICTION OR WHERE EITHER PARTY SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF, YOU AGREE TO WAIVE YOUR RIGHT TO HAVE ANY AND ALL CLAIMS, DEMANDS, DISPUTES, SUITS, ACTIONS, CAUSES OF ACTION, LEGAL PROCESSES OR PROCEEDINGS, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE (COLLECTIVELY “DISPUTES”) ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT RESOLVED IN COURT AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL.  INSTEAD, YOU IRREVOCABLY CONSENT AND AGREE TO RESOLVE SUCH DISPUTES THROUGH NEUTRAL BINDING ARBITRATION AS SET FORTH BELOW. 

10.2     YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS.  DISPUTES SHALL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.  NEITHER PARTY AGREES TO CLASS ARBITRATION OR TO AN ARBITRATION IN WHICH AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.  FURTHER, NEITHER PARTY AGREES THAT A DISPUTE CAN BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.

10.3     Unless the parties agree to an alternative location, any arbitration such will occur in the State of Massachusetts, County of Worcester. 

10.4     The arbitration shall be administered by and conducted in accordance with AAA and its applicable code/rules in effect at the time of the Dispute.  Any Dispute shall be determined by one arbitrator. 

10.5     The state or federal courts sitting in the State of Massachusetts, County of Worcester, shall have exclusive jurisdiction over the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration, and in such case, the rights and obligations of the parties will be governed by, and construed and enforced, both substantively and procedurally, in accordance with the laws of the State of Massachusetts without regard to choice of law or conflict of law principles (whether of the State of Massachusetts or any other jurisdiction). 

10.6     Except as otherwise required by law, the disputing parties and the arbitrator(s) agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute.  If any disputing party fails to proceed with arbitration as provided herein, or unsuccessfully seeks to stay the arbitration, or fails to comply with the arbitration award, any other disputing party shall be entitled to be awarded costs, including reasonable attorney's fees, paid or incurred in successfully compelling such arbitration or defending against the attempt to stay, vacate or modify such arbitration award and/or successfully defending or enforcing the award.

11.              Governing Law and Jurisdiction

11.1     The Program shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and entirely to be performed in such state and without regard to its conflict of laws principles.

11.2     Company makes no representation that the contents of any aspect of the Program are appropriate or available for use outside of the United States. The Program is controlled and operated by Company from the United States, and is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of the United States. 

12.              Entire Agreement

12.1     These Terms constitute the entire agreement between you and the Company with respect to your participation in the Program.  Any cause of action you may have with respect to your use of the Program must be commenced within one (1) year after the claim or cause of action arises. 

12.2     If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the full extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

12.3     Subject to Section 11, the Company is the final authority as to any questions or disputes regarding the Program and will not be deemed to have waived any rights the Company may have.  If you have any questions or concerns regarding these Terms, please contact us through our contact information found on our website www.eg-america.com/contact-us/ or through our customer service support center at 1-888-200-6211.