TERMS OF USE AGREEMENT

IN CONSIDERATION OF LOVE’S TRAVEL STOPS & COUNTRY STORES, INC. (TOGETHER WITH ITS AFFILIATES, “LOVE’S”) ALLOWING YOU TO USE LOVE’S ONLINE PROPERTIES (INCLUDING ALL CONTENTS AND SERVICES, THE “ONLINE PROPERTIES”) AND THE SERVICES PROVIDED BY AND RELATED TO THE ONLINE PROPERTIES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”).

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.

Electronic Signatures

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 webmaster@loves.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

The Online Properties contain 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.

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 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.

Copyrights

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.

Disclaimer

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.

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 ONLINE PROPERTIES, 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 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.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement and is set forth below. Accordingly, all terms contained herein, apply equally to 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 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.

Jurisdiction

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.

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 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.

Contact Information

If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement, please contact us at webmaster@loves.com or by any means listed on the “Contact Us” webpage at http://www.loves.com.

OCTOBER 21, 2013

PRIVACY POLICY

THIS PRIVACY POLICY IS A PART OF THE TERMS OF USE AGREEMENT, WHICH GOVERNS YOUR USE OF THE ONLINE PROPERTIES.

IN CONSIDERATION OF LOVE’S TRAVEL STOPS & COUNTRY STORES, INC. (TOGETHER WITH ITS AFFILIATES, “LOVE’S”) ALLOWING YOU TO USE THIS WEBSITE (INCLUDING THE CONTENTS AND SERVICES, THE “ONLINE PROPERTIES”), YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY. YOUR USE OF THE ONLINE PROPERTIES CONSTITUTES YOUR ACCEPTANCE OF THE ONLINE PROPERTIES’ TERMS OF USE AGREEMENT WHICH INCORPORATES THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU SHOULD PROCEED NO FURTHER AND OBTAIN NO SERVICES THROUGH THE ONLINE PROPERTIES.

Our Commitment to Privacy

Love’s is committed to providing high quality service along with the highest level of integrity in dealing with our customers. As an extension of this commitment, this Privacy Policy is designed to assist you in understanding how we collect, use and safeguard information and to assist you in making informed decisions when visiting or utilizing services provided by Love’s on the Online Properties. This Privacy Policy will be periodically reviewed and assessed against new technologies, business practices, our customers’ needs, and/or legal developments and may be revised accordingly.

The Types of Information We Collect & The Ways We Use Information

1. Aggregate Information.The Online Properties automatically collects the IP address (but not the email address) of all visitors to our Online Properties. The Online Properties also track the pages within our Online Properties that you view, the date and time you view those pages and various other statistics. This information does not identify you personally. We use this information to help us evaluate visitor traffic patterns and improve our Online Properties by making our systems more responsive to the needs of visitors.

2. Personal Information. We collect personal information such as your name, address, telephone number, email address, social security number, date of birth (where permitted by law) and other information, in connection with services and products available or described on the Online Properties when you choose to provide such information. For example, we collect such information in connection with: 
-Our I LOVE REWARDS® and MY LOVE REWARS® programs, 
-Our LOVE’S EXPRESS FLEET CARDTM program,
-Our TIRE CARE EXPRESS CARDTM program,
-Periodic contests, and
-Our Contact Us webpage. 

In addition, we obtain detailed personal information such as your name, address, email address, social security number and date of birth (where permitted by law), prior work history and other background information from the third party service providers hosting the following Online Properties when you chose to provide the information to the third party:
-Love's Career Services Center,
-Love's Express Electronic Payment System,
-Individual Store Websites, and
-Love's Connect Mobile App

See the section entitled "Links to Other Websites" below for more information regarding your privacy on third party links posted to our Online Properties.

By providing personal information into any of the above areas, you grant us permission to use such information for our business purposes including, without limitation, contacting you regarding employment opportunities, credit applications or product offers, and you grant us permission to securely transmit your personal information to third parties to fulfill our business purposes. Further, we may contact you about selected employment positions, products, services, companies and events that we think may interest you or to contact you regarding your requests, questions, comments or other information you have provided. If you later decide you do not want your information to be used in these ways, please let us know through the opt-out procedures described below.

By providing the personal information of a person other than yourself or that of an entity into any of the above areas, you are solely responsible for obtaining from such person or entity any and all required rights, releases, consents, clearances, licenses, and other authorizations necessary to exploit and otherwise use their information (the “Clearances”). By submitting such information, you represent and warrant to Love’s that all required Clearances have been obtained and Love’s is entitled to rely on the same.

3. Cookies. We may track your visit to our Online Properties by giving you HTML “cookies” when you enter. Cookies are pieces of information transferred to your device’s hard drive or shared with your device’s temporary memory for record-keeping purposes. Our cookies do not store personal information. Cookies allow us to save preferences for you to make visiting our Online Properties easier. Cookies also help us to collect anonymous click-stream data for tracking visitor trends and patterns. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie or to refuse to accept cookies. You should understand that certain areas of our Online Properties may not function properly if you set your browser not to accept cookies.

How We Disclose Information We Collect

We may disclose your information to our affiliated companies and our stores as well as to companies that provide services to us as permitted by law, unless we are otherwise notified by you through the opt-out procedures described below. We may also disclose your information: (a) in response to requests from local, state or federal law enforcement officials; (b) in response to any judicial, administrative, or similar proceeding such as a subpoena; (c) when required by law; (d) to protect and defend our rights, business or property; (e) in special circumstances including in connection with a fundamental corporate structure or ownership change or in response to a physical threat (actual or perceived) to an individual; or (f) to enforce this Privacy Policy or the Terms of Use Agreement.

How We Protect Your Information

1. Information Security. Love’s does not warrant the security of your information. However, we utilize encryption and/or security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.

2. Evaluation of Information Protection Practices. Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of information.

3. Employee Access to Your Information.In general, our business practices limit employee access to personal information and limit the use and disclosure of such information to authorized persons, processes and transactions.

Choice/Opt-out - Information Uses

Visitors to our Online Properties may be given the opportunity to choose whether to have their information used for certain purposes when asked for the information. Otherwise, visitors who no longer wish to be contacted, to have their information shared pursuant to this Privacy Policy, or to receive our sales alerts and other promotional email notifications may always opt-out of receiving these notifications or from having their information shared for certain purposes by contacting us at webmaster@loves.com; provided however, Love’s may still disclose your information as set forth in (a) – (f) of the section above entitled “How We Disclose Information We Collect”. You may opt-out at any time and for any reason.

Children's Privacy

We are sensitive to the need to protect the privacy of children who use the Internet. We will not knowingly collect personal information from children under the age of thirteen (13) consistent with the Children’s Online Privacy Protection Act. If we become aware that a child under the age of thirteen (13) has provided personal information to us through our Online Properties, we will delete it from our files. If you are under the age of thirteen (13), please do not attempt to provide any personal information on our Online Properties. If you are a parent or legal guardian of someone under the age of thirteen (13) whom you believe has submitted personal information to us, please contact us at webmaster@loves.com and we will take appropriate steps to remove such information from our files.

Electronic Communications from Love's

You will be given the opportunity to specifically consent and request to receive from Love’s and/or its third party service providers, by electronic delivery, (which includes but is not limited to email, text message, automatic telephone dialing system or artificial or prerecorded voice recordings to cell phones and landlines “Electronic Communications”) promotional and marketing information and materials, documents, and any other communications which you may have requested to receive from Love’s. Your consent is your specific agreement that Electronic Communications provided by Love’s are reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and you agree that such Electronic Communications fully satisfy any requirement that such communications be provided to you in writing or in a form that you may keep. By providing your consent, you acknowledge that, for your records, you are able to access and retain Electronic Communications and this Agreement by printing and/or downloading and saving each to a computer (a Microsoft, or a comparable, operating system is required to access or retain such records). You acknowledge and agree that you are under no obligation to consent to (i) receive Electronic Communications, or (ii) receive Electronic Communications as a condition of purchasing any property, goods or services from Love’s.

Your current valid email address and cell phone number is required in order for you to receive Electronic Communications from Love’s. It is your responsibility to ensure the accuracy of your email address and cell phone number. You may request a paper version of an Electronic Communication or any agreement to which your electronic signature applies. You acknowledge that Love’s reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Communications or this Agreement. To request a paper copy of an Electronic Communication contact us at webmaster@loves.com.

You have the right to withdraw your consent to receive Electronic Communications from Love’s. You acknowledge and agree that Love’s has the right to restrict or terminate your access to certain aspects of the Online Properties if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, contact us at webmaster@loves.com.

Electronic Messaging

Electronic messaging is subject to Love’s Electronic Messaging Disclaimer, which can be viewed at: http://www.loves.com/Portals/0/WebsiteDocuments/ElectronicMessagingDisclaimer.

Love’s routinely retains electronic messages and uses encryption/security software, but Love’s cannot completely ensure the security and privacy of electronic messaging communications to and from Love’s. These communications could be intercepted without your knowledge and permission. If you are concerned about your privacy, we suggest that you do not use electronic messaging to provide information to us that you consider sensitive or confidential.

Release and Limitations

By using the Online Properties you release Love’s from and agree that Love’s is not responsible for: (i) any disclosure of personal information made by you to a third party through your use of the Online Properties; (ii) any disclosure of personal information obtained illegally from us; or (iii) any accidental disclosure of personal information made by us.

Privacy Policies of Other Websites

This Online Properties contain links to other websites such as the Love’s Career Services Center, the Love’s Express Electronic Payment System, I Love Rewards and My Love Rewards websites and individual store websites which are hosted, operated and/or managed by a third party or its contractors, not Love’s. Any information submitted to these other websites may be retained, viewed and used by the third parties and/or Love’s and in accordance with any applicable third parties’ respective use and privacy policies and this Privacy Policy. Love’s is not responsible for the privacy practices of the third parties hosting, operating and/or managing such other websites. We strongly recommend that our visitors read and inquire into the privacy policies of every such third-party website that they visit which collects personal information.

How to Contact Us

If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement, please contact us at webmaster@loves.com or by any means listed on the “Contact Us” webpage at http://www.loves.com.

OCTOBER 21, 2013