TERMS OF USE AGREEMENT
IN CONSIDERATION OF LOVE’S TRAVEL STOPS & COUNTRY STORES, INC. (TOGETHER WITH ITS AFFILIATES, “LOVE’S”) ALLOWING YOU TO USE THIS WEBSITE (INCLUDING ITS CONTENTS AND SERVICES, THE “SITE”) AND THE SERVICES PROVIDED BY AND RELATED TO THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”). YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE 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 SITE.
Use of the Site
The Site is the property of Love’s and/or its licensors and contractors. You are granted a non-exclusive, non-transferable limited license to view the Site and to print off copies of any or all of the pages of the Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Without the express 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 Site; (ii) to reproduce any part of the Site or mirror any material contained on the Site on any other server; or (iii) to create a link to or from the Site.
Love’s reserves the right, at its discretion, to refuse access to the Site 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 Site
As an express condition of your use of the Site, 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 Site in any way that could damage, disable, overburden, or impair the Site, or interfere with others’ use of it. 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 Site.
Product and Service Representation
The Site may contain information related to Love’s and its daily fuel prices, store specials, store facilities, store locations 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.
User 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
The Site contains links to other websites which are hosted, operated and/or managed by third parties. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by Love’s of the use of or content on such other websites. Should you choose to visit any such website, you do so at your own risk. Love’s makes no warranty or representation and disclaims any liability related to any linked website and/or its content, and Love’s is not responsible for the terms of use or privacy practices of such other website. We strongly recommend that you read the terms of use and privacy policies of every linked website you elect to visit. This Agreement applies only to the Site.
Trademarks
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 Site 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. Click here for the Love’s Brand Identity Guidelines.
To assist and inform its Site visitors, 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 Site. 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.
Copyrights
All software and content included on the Site, 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 Site in connection with your use of the Site. Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Site 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 Site. The posting of information or materials on the Site does not constitute a waiver of any rights therein.
Disclaimer
THE SITE IS PROVIDED BY LOVE’S ON AN “AS IS” BASIS. VISITORS TO THE SITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE. LOVE’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE SITE. 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 SITE OR SERVICES AVAILABLE ON THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Indemnity
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD LOVE’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, COSTS, DAMAGES, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THIS AGREEMENT OR LOVE’S PRIVACY POLICY, YOUR USE OF THE SITE, OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
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 SITE OR SERVICES AVAILABLE ON THE SITE, THE UNAVAILABILITY OF THE SITE, 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 SITE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE SITE.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LOVE’S. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Privacy Policy
Our Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement. Accordingly, all terms contained herein, apply equally to the Privacy Policy. Click here to view the Privacy Policy.
Modification
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 on the Site. It is your responsibility to review the Agreement each time you use the Site so that you are aware of any modifications made. Usage of the Site 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 Site following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction of any dispute with Love’s, or in any way relating to your use of the Site, 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.
Miscellaneous
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 Site, the content, products, or services provided by or through the Site. 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
Contact Information
If you have any comments or questions regarding the Site or any of the terms of this Agreement, please contact us at webmaster@loves.com or by any means listed on the Site’s Contact Us webpage.
JANUARY 31, 2011