YOUR USE OF THE ONLINE PROPERTIES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ONLINE PROPERTIES HAS THE SAME EFFECT AS MANUALLY SIGNING THIS AGREEMENT WITH LOVE’S AND CREATES A VALID, BINDING CONTRACT BETWEEN YOU AND LOVE’S. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD PROCEED NO FURTHER AND OBTAIN NO SERVICES THROUGH THE ONLINE PROPERTIES.
Use of the Online Properties
The Online Properties are the property of Love’s and/or its licensors and contractors and include, without limitation, all webpages under www.loves.com, Love’s mobile app and Love’s social media sites. You are granted a non-exclusive, non-transferable limited license to view the Online Properties and to print off copies of any or all of the pages of the Online Properties provided (a) it is used only for informational, non-commercial purposes, (b) you do not remove or obscure the copyright notice or other notices, and (c) you do not violate any third party rights. Without the prior written consent of Love’s, you are not allowed (i) to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Online Properties; (ii) to reproduce any part of the Online Properties or mirror any material contained on the Online Properties on any other server; or (iii) to create a link to or from the Online Properties.
Love’s reserves the right, at its discretion, to refuse access to the Online Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement.
Prohibited Use of the Online Properties
As an express condition of your use of any Online Property, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement. Also, you agree not to use the Online Properties in any way that could damage, disable, overburden, or impair the same, or interfere with others’ use. Furthermore, you agree not to attempt to gain access to Love’s computer systems or networks connected to Love’s through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Online Properties.
The Online Properties contain opportunities to provide your electronic signature. “Electronic signature” means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation “I Accept” checkboxes, buttons or click-thrus, e-mail or other electronic methods of signature. Where you so indicate by electronic signature, you agree that each electronic signature you provide through the Online Properties is intended to authenticate the applicable writing and that your electronic signature is the legal equivalent of your manual signature. You have the right to revoke your consent to electronically sign documents at any time by email to email@example.com, however any such revocation will not alter the validity and enforceability of any previously provided electronic signatures.
Product and Service Representation
The Online Properties may contain information related to Love’s and its daily fuel prices, store specials, store facilities, store locations, service offerings and service availability. Love’s makes no warranties or guarantees that such information is accurate or that each service or product will be available at a specific time or at every store location.
Account ID’s & Passwords
You are solely responsible for and agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of Love’s services through any methods, including unauthorized access through or to your user identification numbers or passwords (“Account ID’s”). Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of any Account ID’s. You agree that Love’s may suspend your access pending an investigation of the use of any of your Account ID’s. You agree to cooperate fully with any and all investigations.
Links to Other Websites
LOVE’S®, LOVE’S TRAVEL STOPS & COUNTRY STORES®, LOVE’S COUNTRY STORES®, LOVE’S TRAVEL STOPS®, LOVE’S COUNTRY®, I LOVE REWARDS®, FRESH DAILY DELI®, CLEAN PLACES FRIENDLY FACES®, LOVE’S EXPRESS® and LOVE’S FLEET CARDTM are marks owned by Love’s and may not be used without the express written permission of Love’s. There are other trademarks, service marks, trade names and trade dress on the Online Properties owned by Love’s. You may not use any Love’s trademarks, service marks, trade names or trade dress without the express written permission of Love’s and such use must adhere to Love’s instructions and guidelines (including without limitation Love’s published brand identity guidelines), and applicable law. Please visit http://www.loves.com/aboutus/mediacenter/logorequest to obtain the Love’s Brand Identity Guidelines.
To assist and inform visitors of our Online Properties, Love’s makes licensed or fair use of trademarks, service marks, logos, graphics, designs, names, and the like of third parties for display on the Online Properties. Love’s makes no claim of ownership of these marks, and such materials are to be considered the exclusive property of the respective third parties. Love’s use of the marks of third parties is not intended to suggest affiliation with, sponsorship of or endorsement by the mark’s holder.
All software and content included on the Online Properties, including all text, graphics, logos and images, is owned by Love’s or third parties and is protected by United States and/or international copyright laws. You may view and use the content of the Online Properties in connection with your use of the Online Properties. Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Online Properties is strictly prohibited, except as otherwise specifically set forth herein. You do not acquire ownership rights to any content or other materials viewed on or through the Online Properties. The posting of information or materials on the Online Properties does not constitute a waiver of any rights therein.
THE ONLINE PROPERTIES ARE PROVIDED BY LOVE’S ON AN “AS IS” BASIS. VISITORS TO THE ONLINE PROPERTIES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE ONLINE PROPERTIES. LOVE’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PROPERTIES OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE ONLINE PROPERTIES. TO THE FULL EXTENT PERMITTED BY LAW, LOVE’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. LOVE’S MAKES NO WARRANTIES THAT USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
LOVE’S WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES, THE UNAVAILABILITY OF THE ONLINE PROPERTIES, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF LOVE’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE PROPERTIES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE PROPERTIES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ONLINE PROPERTIES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LOVE’S. THE ONLINE PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE ONLINE PROPERTIES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Love’s may amend this Agreement from time to time without specific notice to you. Any modifications to this Agreement will be effective immediately upon posting of, or reference to the posting of, such modification on the Online Properties. It is your responsibility to review the Agreement each time you use the Online Properties so that you are aware of any modifications made. Usage of the Online Properties means you accept the then current form of the Agreement. For your convenience and future reference, the date of the current version of this Agreement is noted below. By continuing to visit and use the Online Properties following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement.
You expressly agree that exclusive jurisdiction of any dispute with Love’s, or in any way relating to your use of the Online Properties, resides in the federal or state courts located in Oklahoma County, State of Oklahoma and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Love’s or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers. This Agreement shall be governed and construed by the laws of the State of Oklahoma, without respect to its conflict of laws principles.
This Agreement constitutes the entire agreement between you and Love’s, and supersedes all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Online Properties, the content, products, or services provided by or through the Online Properties. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement, please contact us at firstname.lastname@example.org or by any means listed on the “Contact Us” webpage at http://www.loves.com.
OCTOBER 21, 2013