In some instances, both these Terms and separate terms will apply to your use of the online properties ("Additional Terms"). To the extent there is a conflict between this agreement and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
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 proceeda no further and obtain no services through the Online Properties.
Online Properties Defined and Use
The "Online Properties" shall mean Love’s webpages including, without limitation, webpages under www.loves.com, www.mylovesstores.com (and associated webpages, e.g. www.myloves1.com), www.myloverewards.com, www.lovesfinancial.com, Love’s mobile app, Love’s social media sites and all associated contents, functionality and services.
The Online Properties are the property of Love’s and/or its licensors and contractors. You are granted a non-exclusive, revocable, non-assignable, personal, non-transferable and 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 non-commercial informational purposes (except it may be used in furtherance of your commercial relationship with Love’s), (b) you do not remove or obscure the copyright notice or other notices, and (c) you do not violate this Agreement or any third party rights. Without the prior written consent of Love’s, you are not allowed (i) to modify, copy, mine, scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or material, 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. Love’s reserves the right to withdraw or amend the Online Properties, and any service or material provided on the Online Properties, in our sole discretion without notice.
Prohibited Use of the Online Properties
You agree that all information you provide on the Online Properties is correct, current and complete. 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 as the same could lead to criminal or civil prosecution. 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. Additionally, you agree not to impersonate or attempt to impersonate Love’s, a Love’s employee, another user or any other person or entity.
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-throughs, email 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 Information
The information and material presented on or through the Online Properties is made available solely for general information purposes. The Online Properties may contain information related to Love’s and its daily fuel prices, product information and pricing, store specials, manufacturer’s rebates, store facilities, store locations, service offerings, service availability, and other special offers. 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 IDs & Passwords
To access certain portions of the Online Properties, or resources offered through the Online Properties, you may be asked to provide certain registration details or other information, such as user identification numbers, names or passwords ("Account IDs").
You are solely responsible for maintaining the confidentiality of your Account IDs and agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of secure areas of the Online Properties through any methods, including unauthorized access through or to your Account IDs. Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of any Account IDs. You agree that Love’s or third parties may suspend your access pending an investigation of the use of any of your Account IDs. You agree to cooperate fully with any and all investigations. You agree to notify Love’s immediately of any unauthorized use of your Account IDs. You agree that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and that Love’s will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
Third Party Sites and Content (Links to Other Websites)
LOVE’S®, LOVE’S TRAVEL STOPS & COUNTRY STORES™, LOVE’S COUNTRY STORES®, LOVE’S TRAVEL STOPS®, LOVE’S COUNTRY®, MY LOVE REWARDS®, CLEAN PLACES FRIENDLY FACES®, LOVE’S EXPRESS® LOVE’S FLEET CARDTM, LOVE’S TRUCK TIRE CARETM, LOVE’S CONNECTTM, LOVE’S FINANCIALTM and TIREPASS® 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, trade dress or other intellectual property 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 you and other users 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 corporate affiliation with, sponsorship of or endorsement by the mark’s holder.
Promotions; Rewards Program
We may offer you the ability to participate in our promotions and rewards program through the Online Properties, such My Love Rewards. Click here for Additional Terms relating to My Love Rewards.
Disclaimer of Representations and Warranties
THE ONLINE PROPERTIES ARE PROVIDED BY LOVE’S ON AN "AS IS" AND "AS AVAILABLE" 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.
Representation and Warranty; Indemnity
BY ACCESSING OR USING THE ONLINE PROPERTIES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE ONLINE PROPERTIES.
Limitation of Liability
LOVE’S WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, 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 OR THIRD PARTY WEBSITES, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA, PROFITS, USE, BUSINESS OR GOOD-WILL, OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF LOVE’S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN 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 OR ANY APPLICABLE ADDITIONAL TERMS.
Modification and Effectiveness
Love’s may amend or replace any part of this Agreement or any applicable Additional Terms from time to time without specific prior notice to you. Any modifications to this Agreement or any applicable Additional Terms 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 and any applicable Additional Terms 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 and any applicable Additional Terms. 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. If you object to any such changes, your sole recourse is to cease using the Online Properties.
Dispute Resolution, Binding Arbitration, and Class Action Waiver
Certain portions of this section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Love’s agree this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
If any controversy, allegation, dispute, claim or cause of action relates in any way to your use of the Online Properties (collectively, "Dispute"), then you agree the Dispute shall be submitted to confidential arbitration in Oklahoma County, Oklahoma, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Oklahoma. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Oklahoma. Arbitration shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after such Dispute arose or be forever banned.
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any controversy, allegation, dispute, claim or cause of action of any other party. YOU AND LOVE’S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement and any applicable Additional Terms constitute the entire agreement between you and Love’s regarding the Online Properties, and supersede 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. No Love’s consent or approval may be deemed to have been granted by Love’s without being in writing and signed by an officer of Love’s. If any provision of this Agreement or any applicable Additional Terms 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 and any applicable Additional Terms, which shall remain in full force and effect. No waiver of any term of this Agreement or any applicable Additional Terms shall be deemed a further or continuing waiver of such term or any other term.
You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The section headings are provided for convenience only and shall not limit the full Terms. Love’s may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Love’s.
If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement and any applicable Additional Terms, please contact us at firstname.lastname@example.org or by any means listed on the "Contact Us" webpage at http://www.loves.com.
April 13, 2016
The Types of Information We Collect & The Ways We Use Information
Information We Collect Automatically. We and our Service Providers (defined below) may automatically collect certain usage information about you when you access or use the Online Properties, which may include IP address; device identifier, Ad ID, browser type; operating system characteristics; information about your use of our Online Properties; and data regarding network connected hardware (e.g., computer or mobile device). 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.
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.
Information You Provide Us. We and our Service Providers collect information you provide to us directly via the Online Properties. This information may include 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 information in connection with:
- Our MY LOVE REWARDS® program,
- Our LOVE’S EXPRESS® Fleet Card program,
- Our TIRE CARE EXPRESSTM Card program,
- Customer Portals,
- Periodic contests,
- Our "Contact Us" webpage, and
- Our Love’s FinancialTM program.
You also may provide information to be published or displayed on public areas of the Online Properties, or transmitted to other users of the Online Properties ("User Contributions"). Your User Contributions must be legal and ethical, may be accessible by the general public and are posted on and transmitted to others at your own risk. Love’s reserves the right to remove User Contributions and/or the ability to submit User Contributions at any time.
Information From Other Sources. In addition, we may obtain information about you from other sources and combine that with information we collect about you. This information may include 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 choose to provide the information:
- Love’s Career Websites,
- Customer Electronic Payment and Billing Systems,
- Individual Store Websites,
- Love’s Connect Mobile App, and
- Love’s Vendor Portals
See the section entitled "Privacy Policies of Other Websites" below for more information regarding your privacy on third party links posted to our Online Properties.
Consent to Use Information
By providing information into any of the above areas, including personal information, you grant us permission to use such information for our business purposes including, without limitation, targeted online advertising for employment, products or services, 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 contact you to obtain or regarding your opinion, 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. Please also see the section below entitled "Electronic Communications from Love’s."
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.
How We Disclose Information We Collect
How We Protect Your Information
1. Information Security. Love’s does not warrant the security of your information. However, we utilize a variety of security controls 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 Controls. Periodically, our controls are reviewed for security, confidentiality and quality.
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.
Opt-out; Access & Correction of Information
Our mobile applications may send you notifications that may include alerts, sounds, and icon badges. These push notifications or in-app messages may include both operational messages and promotional messages regarding products, services and offers that may be of interest to you. These can be configured in settings. As with emails, even if you opt-out of receiving promotional communications, we may continue to send you non-promotional push notifications, such as those about your use of the applications or our ongoing business relations.
You may access or correct your information by logging into your loyalty account, if any, or contacting us at email@example.com or 1-800-655-6837.
The Online Properties are intended for a general audience and not directed to children less than thirteen (13) years of age. 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 firstname.lastname@example.org and we will take appropriate steps to remove such information from our files.
Electronic Communications from Love’s
You may be given the opportunity to 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, mobile app push 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. Your consent is your specific agreement that Electronic Communications provided by Love’s are reasonable and proper 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 (a) consent to receive Electronic Communications, or (b) receive Electronic Communications as a condition of purchasing any property, goods or services from Love’s.
Your current valid contact information will be required in order for you to receive Electronic Communications from Love’s. You must also download the Love’s mobile app to receive push messaging. It is your responsibility to ensure the accuracy of your contact information. You may request a paper version of 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 any such agreement. To request a paper copy contact us at email@example.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 firstname.lastname@example.org.
Electronic messaging is subject to our Electronic Messaging Disclaimer, which can be viewed at: https://www.loves.com/~/media/docs/Electronic-Messaging-Disclaimer-2016.pdf.
Love’s routinely retains electronic messages and uses encryption/security software, but Love’s cannot completely ensure the security and privacy of electronic messaging 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 Service Provider 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
How to Contact Us
April 6, 2016