Jay Petroleum Pak-a-Sak Rewards Terms and Conditions Welcome to Pak-A-Sak Rewards, owned and operated by Jay Petroleum. These Pak-A-Sak Rewards terms and conditions form the agreement (the “Agreement”) between you (“You”) and Jay Petroleum and its aliates and subsidiaries (“Company”). (1) Agreement to Terms. YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE Pak-A-Sak Rewards PROGRAM. If you do not agree to these terms and conditions, you may not participate in the Pak-A-Sak Rewards program. Use of the Pak-A-Sak Rewards program signies youragreement to the terms and conditions of use set forth below. (2) Modication of Agreement. Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. (3) All rewards must be redeemed by the expiration date printed on the rewards coupon. Rewards not redeemed by the expiration date will expire and will not be reissued. (4) Right to Change Pak-A-Sak Rewards. Company may change, suspend or discontinue any aspect of the Pak-A-Sak Rewards program at any time. Company may also impose limits on certain features and services or restrict your access to parts or all of the Pak-A-Sak Rewards program without notice or liability. Company reserves the right, in its sole discretion, to refuse service or cancel membership. (5) Pak-A-Sak Rewards participants must complete and submit the Pak-A-Sak Rewards Participant Application in order to receive and use the Pak-A-Sak Rewards tag. (6) Indemnication for Your Breach of Agreement. You hereby agree to indemnify, defend and holdCompany, and all its ocers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnied Parties”) harmless from and against any and all liabilities and costs incurred by the Indemnied 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 of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnication by You and You shall not in any event settle any matter without the written consent of Company. (7) NO WARRANTY. THE Pak-A-Sak Rewards 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 PERMISSIBLE BY LAW, COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE Pak-A-Sak Rewards PROGRAM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE. 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 BY USE OF THE Pak-A-Sak Rewards PROGRAM. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE Pak-A-Sak Rewards PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. COMPANY SHALL NOT BE LIABLE FOR ANY FAILURE OF THE Pak-A-Sak Rewards PROGRAM WHICH RESULTS FROM ACTS OR EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL. (8) NO AWARD OR DAMAGES AGAINST COMPANY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE Pak-A-Sak Rewards PROGRAM. THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA. (9) Excluded Items. Points will not be accumulated for the following purchases: Lottery, Prepaid Products, and Money Order purchases. This list is subject to change without notice during the life of the program. (10) Lost, stolen, or damaged reward coupons will not be replaced. (11) Jay Petroleum is not responsible for lost, stolen or damaged tags or unredeemed points, however these may be replaced at Jay Petroleum’s discretion. (12) Pak-A-Sak Rewards coupons may be redeemed at any participating Pak-A-Sak Rewards location, unless otherwise specied, so long as the reward item is available at the location. (13) Participants must present a valid Pak-A-Sak Rewards tag to earn points. The tag must be presented at the time of purchase. Points will not be awarded without a valid Pak-A-Sak Rewards tag or for previous purchases.
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