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IN CONSIDERATION OF LOVE’S TRAVEL STOPS & COUNTRY STORES, INC. (TOGETHER WITH ITS AFFILIATES, “LOVE’S”) ALLOWING YOU TO PARTICIPATE IN THE MY LOVE REWARDS STORE DISCOUNT PROGRAM (“PROGRAM”) AND USE THE SERVICES PROVIDED BY AND RELATED TO THE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PROGRAM MEMBERSHIP AGREEMENT (THE “AGREEMENT”).
YOUR PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE PROGRAM 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, PROCEED NO FURTHER, DO NOT OBTAIN SERVICES THROUGH THE ONLINE PROPERTIES, DO NOT ACCESS ANY OF THE ONLINE PROPERTIES, AND DO NOT DOWNLOAD THE MOBILE APP.
Store Discount Program Membership
The Program is a store discount program of Love’s provided as a privilege to you and other Love’s customers, not as an entitlement. Love’s, in its sole discretion, reserves the right to allow and discontinue membership into the Program at any time with or without notice. Program participants own no rights or ownership to the Program, including the points associated with the Program. Love’s is not reimbursed by third parties for the Program points or rewards, and there are no third party beneficiaries to the Program.
Our Program rules, as may change from time to time, are incorporated herein by reference. The Program rules apply to your participation and use of the Program.
Love’s, in its sole discretion, reserves the right to modify any aspect of the Program or this Agreement at any time with or without notice, including without limitation modifying, limiting, decreasing or canceling points or rewards. Any modifications to the Program or this Agreement will be effective immediately upon posting of such modification. It is your responsibility to review the Program rules and Agreement each time you participate or use the Program so that you are aware of any modifications made. Usage of the Program means you accept the then current rules and 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 participate in the Program following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement.
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 the Program and Love’s services through any methods, including unauthorized access through or to your user identification numbers, usernames 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.
LOVE’S MAKES NO WARRANTIES THAT PARTICIPATION OR USE OF THE PROGRAM OR SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROGRAM IS PROVIDED BY LOVE’S ON AN “AS IS” BASIS. PARTICIPANTS OF THE PROGRAM ASSUME ALL RESPONSIBILITY AND RISK. LOVE’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM, THE CONTINUATION OF THE PROGRAM, OR CERTAIN COMPONENTS, THE ACCURACY OF POINT AND REWARD REDEMPTION, OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED IN THE PROGRAM. TO THE FULL EXTENT PERMITTED BY LAW, LOVE’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, 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.
Waiver; Limitation of Liability
YOU HEREBY WAIVE, RELEASE AND DISCHARGE LOVE'S (TOGETHER WITH ANY RELATED COMPANIES, PREDECESSORS, SUCCESSORS, AND THE AGENTS, OFFICERS, MEMBERS, MANAGERS, INSURERS AND EMPLOYEES OF ANY OF THEM) FROM ANY AND ALL CLAIMS OF ANY KIND OR NATURE WHATSOEVER, OR ANY DEBTS, OBLIGATIONS, LIABILITIES OR OTHER DEMANDS ARISING PURSUANT OR IN ANY WAY RELATED TO YOUR PAST, PRESENT OR FUTURE PARTICIPATION OR USE OF THE PROGRAM OR ANY COMPONENT THEREOF.
LOVE’S WILL NOT BE OBLIGATED OR LIABLE, FOR DAMAGES OF ANY KIND, WHETHER ACTUAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM YOUR PAST, PRESENT OR FUTURE PARTICIPATION OR USE OF THE PROGRAM OR SERVICES, THE UNAVAILABILITY OF THE PROGRAM, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY RESULTING LOSS OF POINTS, DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH PARTICIPATION OR USE, EVEN IF LOVE’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY RESULTS OR PORTION OF THE PROGRAM OR WITH ANY OF TERMS OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE PROGRAM AND ANY SERVICES PROVIDED THROUGH THE PROGRAM.
THE NEGATION OF CLAIMS AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LOVE’S. THE PROGRAM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE PROGRAM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD LOVE’S, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, 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, YOUR PARTICIPATION AND USE OF THE PROGRAM, OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
You expressly agree that exclusive jurisdiction of any dispute with Love’s in any way relating to the Program resides in the federal or state courts located in Oklahoma County, State of Oklahoma. 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 (provided however, such claims are barred as set forth above, and consequently, should never be filed). 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 with regard to the Program, and supersedes all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Program, the content, products, or services provided by or through the Program. 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.