Terms of Use Agreement and Privacy Notice

TERMS OF USE AGREEMENT

BY ACCESSING OR USING THIS WEBSITE AND/OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE AND/OR IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE.

These Terms of Use apply to your access to, and use of, all or part of any website, mobile application, online service or other digital asset of Maverik, Inc. (the “Company”) (collectively, the “Sites”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with the Company for products, services, or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify the Company for violations of these Terms of Use. These Terms of Use contain disclaimers and other provisions that limit our liability to you.

In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Sites, these Terms of Use will govern. However, if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site. While the Company makes reasonable efforts to provide accurate and timely information about the Company on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about the Company.

the Company reserves the right to change or modify these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.

Eligibility, Registration and User Account Information

Information related to Minors: The Company does not knowingly collect information directly from minors—persons under the age of 16, or another age as defined by law—via our Sites or offline, other than when required to comply with the law or for safety or security reasons.

NOTICE TO PARENTS AND GUARDIANS: If you are a parent or guardian of a minor who has provided information without your knowledge or consent, you may submit a request to remove the minor’s information by calling Customer Service at (800)789-4455 or emailing us at privacy@maverik.comThis email is for data privacy matters only. For all other questions or concerns, please email CustomerService@maverik.com.

In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify the Company if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Features on the Sites, such as Virtual Adventure Club Card, store locator, feedback, account management, and interaction with social media sites, may use, maintain, or transmit your personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including banking information), virtual card information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”).

By acknowledging and agreeing to this Agreement, or by using the Sites, you consent to the transmission of User Information to the Company, including its agents and third-party partners, and consent to the Company, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Sites functionality and for the purposes disclosed in and consistent with the  Company Privacy Notice.

Specifically, for mobile applications, you are solely responsible for the confidentiality and security of User Information sent from or stored on the Apple® Device or Android Device by the application.

You are also solely responsible for all transactions and activities undertaken by anyone or anything with any Virtual Adventure Club Card registered in your name, whether authorized or unauthorized. The Company shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions or other activities related to the Sites.

Online Properties Defined and Use

The “Online Properties” shall mean the Company webpages including, without limitation, webpages under www.maverik.com (and any associated webpages, Company mobile app, Company social media sites and all associated contents, functionality and services. As between you and the Company, the Company is solely responsible for the mobile app. Neither Apple, Inc. (Apple Store), Google, Inc. (Google Play), nor any other app store or marketplace is responsible for the mobile app or any contents.

The Online Properties are the property of the Company 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 the Company), (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 the Company, 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.

The Company 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. The Company 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 the Company computer systems or networks connected to the Company 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 the Company, a Company employee, another user or any other person or entity.

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-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 webmaster@maverik.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 the Company 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. The Company 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 the Company 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 the Company 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 the Company 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)

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 the Company 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. The Company makes no warranty or representation and disclaims any liability related to any linked website and/or its content, and the Company is not responsible for the terms of use or privacy practices of such other website. The Company strongly recommends that you read the terms of use and privacy policies of every linked website you elect to visit.

Trademarks

MAVERIK®, ADVENTURE CLUB™, MAVERIK ADVENTURE’S FIRST STOP™, ADVENTURE’S FIRST STOP™, NITRO®, BODACIOUS BEAN™, BONFIRE™, BONFIRE GRILL™, CHILLER™, GLACIER RAIN™, TRAKKER SNACKS™, MONSTER TRAKKER™, and GET REV’D™ are marks owned by the Company and may not be used without the express written permission of the Company. There are other trademarks, copyrights, service marks, product names, company names, domain names, logos, trade names, trade dress, and/or indicia of ownership on the Online Properties which are the property of the Company, its affiliates, licensors or others. You may not use any trademark, copyright, service mark, product name, company name, domain name, logo, trade name, trade dress, and/or indicia of origin ownership of the Company or any third-party without permission from the owner of the applicable trademark, copyright, service mark, product name, company name, domain name, logo, trade name, trade dress and/or indicia of origin or ownership, and such use must adhere to the Company’s or other owner’s applicable instructions and guidelines and applicable law.

In countries where any of the  Company’s trademark, copyright, service mark, product name, company name, domain name, logo, trade name, trade dress, and/or indicia of origin or ownership are not registered, the Company claims other rights associated with unregistered trademarks, copyrights, service marks, product names, company names, domain names, logos, trade names, trade dress, and indicia of origin and ownership.

To assist and inform you and other users of our Online Properties, the Company makes licensed or fair use of trademarks, copyrights, service marks, logos, graphics, designs, names, and the like of third parties for display on the Online Properties. The Company makes no claim of ownership of these marks, and such materials are to be considered the exclusive property of the respective third parties. The Company’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.

All rights not expressly granted are reserved.

Copyrights

All software and content included on the Online Properties, including all designs, text, graphics, logos, images, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”), are owned by the Company or third parties and are protected by United States and/or international copyright laws. Any use of the Site Materials or Online Properties including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the Site Materials, Online Properties or of Electronic Communications (defined in the Privacy Notice below) is strictly prohibited, except as otherwise specifically set forth in this Agreement. 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.

You are granted a personal, non-exclusive, non-transferable, limited and revocable license to access and use the Online Properties and Site Materials for personal, informational, and shopping purposes only. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Online Properties or Site Materials; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Online Properties and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Online Properties, the Site Materials or any information contained therein, except as expressly permitted on the Online Properties; or (g) any use of the Online Properties or the Site Materials other than for its or their intended purpose. Any use of the Online Properties or Site Materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

Promotions; Rewards Program

The Company may offer you the ability to participate in our promotions and rewards program through the Online Properties, such Adventure Club. Click here for Additional Terms relating to Adventure Club.

Geo-Location Services

The Company’s mobile app utilizes geo-location services when you allow the mobile app to access your location via your mobile device settings. In the event you elect to provide the Company to access your location, the Company may 1) provide services available through the mobile app to you, 2) market additional products and services to you, and 3) conduct internal research based on your current location. Further, by electing to provide the Company to access your location, you consent to the collection, use, sharing, and transfer of your geo-location data with the Company and third-party providers of the Company who help facilitate the services made available through the mobile app. You may turn location access on or off by visiting the “Settings” portion of your mobile device.

Site Disclaimer- No Warranties

THE MATERIALS AND INFORMATION ON THE ONLINE PROPERTIES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS, INFORMATION AND SERVICES ON THE ONLINE PROPERTIES ARE PROVIDED “AS IS” WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE ONLINE PROPERTIES AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATED COMPANIES AND SUBSIDIARIES, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND SUBCONTRACTORS (“COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE ONLINE PROPERTIES, THE CONTENT, THE SITE MATERIALS OR OTHER MATERIALS  CONTAINED IN OR ACCESSED THROUGH THE ONLINE PROPERTIES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE ONLINE PROPERTIES, THE COMPANY PARTIES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE, ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE ONLINE PROPERTIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE ONLINE PROPERTIES SHALL BE BROUGHT WITHIN ONE YEAR OF THE ACT OR OMISSION GIVING RISE TO THE CAUSE OF ACTION. THE INAPPLICABILITY IN A JURISDICTION OF A CLAUSE OR LIMITATION CONTAINED HEREIN WILL NOT AFFECT THE APPLICABILITY OF ANY OTHER REMAINING UNAFFECTED CLAUSES.

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 THE COMPANY. 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.

Electronic Messaging

The Company uses encryption/security software, but the Company cannot completely ensure the security and privacy of electronic messaging to and from the Company. These communications could be intercepted without your/the Company’s knowledge and permission. Although the Company takes all necessary precautions to protect your information, if you are concerned about the sensitivity of the message content, the Company suggests that you do not use electronic messaging.

Electronic messaging is subject to our Electronic Messaging Disclaimer, which can be viewed below:

ELECTRONIC MESSAGING DISCLAIMER

The Company permits the utilization of electronic mail and other forms of electronic communication (collectively, “Electronic Communications”) in the furtherance of business activities and as otherwise consistent with the Company’s policies. This Electronic Messaging Disclaimer (the “Disclaimer”) shall apply to all Electronic Communications (i) occurring through the use of the Online Properties; (ii) related to the Online Properties, the Site Material or other Company business; and/or (iii) with the Company or a Company employee. YOUR PARTICIPATION IN ANY SUCH ELECTRONIC COMMUNICATIONS SHALL CONSTITUTE YOUR CONSENT TO AND AGREEMENT WITH THE FOLLOWING:

  • You agree to assume all risks associated with Electronic Communications;
  • You understand the Electronic Communications are not private and are subject to monitoring, and review by the Company in its sole discretion; provided however, the Company shall not have and hereby disclaims any duty to maintain Electronic Communications for any reason (except to the extent required by law);
  • The Company expressly prohibits harassing, discriminatory, offensive or otherwise inappropriate Electronic Communications;
  • The Company may block, prohibit or restrict the use of Electronic Communications at any time;
  • The Company shall not be obligated to process, act upon or respond to Electronic Communications (regardless of whether a communication window has been opened and/or recent communications have occurred);
  • The Company shall not be obligated to honor any order, trade, request, instruction, cancellation or other communication unless and until the Company transmits express confirmatory documentation of its agreement to the same;
  • You agree to comply with all applicable laws, rules and regulations related to Electronic Communications and understand that the Company shall not be obligated and hereby disclaims any duty to ensure such compliance by you;
  • YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE COMPANY PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES (INCLUDING WITHOUT LIMITATION, LOSS OF PERSONAL OR PROPRIETARY INFORMATION), COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS), OF WHATEVER KIND OF NATURE AND IN ANY MANNER DIRECTLY OR INDIRECTLY ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM (i) ELECTRONIC COMMUNICATIONS; (ii) THE UNAVAILABILITY OF ELECTRONIC COMMUNICATIONS; AND/OR (iii) ANY ACTION YOU MAY OR MAY NOT TAKE BASED UPON ELECTRONIC COMMUNICATIONS;
  • This Disclaimer shall be governed by the laws of the state of Utah; AND

the Company reserves the right to amend or alter the terms of this Disclaimer at any time and without notice.

Modification and Effectiveness

The Company 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 the Company 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 Salt Lake County, Utah, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, The Company may seek injunctive or other appropriate relief in any state or federal court in the State of Utah. 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 Utah. 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 THE COMPANY 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.

Miscellaneous

This Agreement and any applicable Additional Terms constitute the entire agreement between you and the Company 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 Company consent or approval may be deemed to have been granted by the Company without being in writing and signed by an officer of the Company. 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 Agreement. The Company may assign its rights and obligations under this Agreement and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement 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 the Company.

Contact Information

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 the Company at webmaster@maverik.com or by any means listed on the “Contact” webpage at https://www.maverik.com/contact.

PRIVACY NOTICE

Maverik, Inc. (the “Company”) understands that you care about how we collect, use, and share information when you interact with our websites, online services, applications, and business operations and services (our “Services” or “Sites”). This Privacy Notice (the “Privacy Notice” or the “Notice”) explains how the Company and its subsidiaries (“we,” “us,” “our”) collect, use, share, and protect information in connection with the Company Services that refer or link to this Privacy Notice. This Notice explains:

  • the types of information we collect about you through our websites, online services and mobile applications (our “Sites”) as well as from third-party sources and offline in connection with our Services;
  • how we use and protect that information;
  • the types of information we may share with others and under what circumstances;
  • the rights you have regarding our data handling practices;
  • our security practices related to your information; and
  • other practices related to the handling of personal

By using our Services and/or submitting personal information to our Sites, you are accepting and consenting to the practices and uses described in this Privacy Notice. This Privacy Notice is not a contract.

When This Privacy Notice Applies

This Privacy Notice applies to any site that links to this Site, as well as the information we collect when you interact with us through social media or other websites and online services, as well as to information that we collect offline (e.g., via paper or telephone call) and combine with information collected on our Sites. It does not apply to non-Company websites and mobile applications that may link to or be linked from our Sites. Please review the privacy policies on those websites and applications directly to understand their privacy practices.

This Privacy Notice does not apply to “personal financial information,” such as card account information, payment history, and account balance, or “protected health information” such as medical records, even if we collect such information through our Sites or offline.

We may make changes to this Privacy Notice from time to time. Any changes to the Privacy Notice will be posted on the website at www.maverik.com, and such changes will become effective when they are posted. Your continued use of our Sites and Services following the posting of any changes will mean you accept those changes.

Information We Collect From or About You

Below we describe the different types of information we collect from you, including from the devices you use, when you interact with our Sites and/or take advantage of our Services.

Information You Give Us: We collect and maintain personal information about you from many sources to understand and meet your needs, provide our Services, manage our business, and for other purposes disclosed to you. We collect and store any information you enter on our Sites, provide to us in written form, or communicate to us verbally. This may include:

  • Personal identifiers such as your name, address, email address, account name, social security number, driver’s license number, passport number,
  • Personal or physical characteristics protected by federal or state law, such as gender, race, ethnicity, age,
  • Biometric information
  • Audio, electronic, visual, or similar information
  • Additional information, as necessary

This information may also include information you provide during a registration/sign-up process, including account numbers or other identifiers needed to link your online account with our Services.

We also collect personal information that you submit to us when applying for a job via the Company website (including any Curriculum Vitae or résumé that you upload to the website) and, if you are hired, information regarding your employment, performance, and other employment related information. This information will be collected and processed, where permissible by relevant, applicable law. This includes without limitation:

  • Recruitment information including, cover letter, resume, educational background, professional background, sex/gender, date of birth, ethnicity, nationality;
  • Career and job performance information including, job level/position, details of skills and experience from the referrals provided;
  • Background check information, including information about judicial disputes and criminal records;
  • Information publicly available, including information about you from publicly available social media profiles, such as content from external job bulletin boards; and
  • Employee Personnel File, if you are hired as a Company employee, including information collected and maintained during your period of employment and for a period after your employment terminates.

Information Collected Automatically: When you interact with our Sites, certain information is automatically collected. This information includes computer and connection information, such as statistics on your page views, traffic to and from our Sites, referral URL, ad data, your IP address, and device identifiers. This information also may include your transaction history, and your web log information, how you search for our Sites, the websites you click on from our Sites or emails, whether and when you open our emails, and your browsing activities across other websites.

Much of this information may be collected through Cookies, as defined below, web beacons, and other tracking technologies, as well as through your web browser or device (e.g., IP address, MAC address, browser version, etc.). Cookies consist of portions of code installed in the browser that assist the website owner in providing the website services according to the purpose described. Most web browsers automatically accept Cookies but, if you prefer, you can usually modify your browser setting to disable or reject Cookies. If you delete your Cookies or if you set your browser to decline Cookies, some features of our Sites may not be available, work, or work as designed.

Location Information: When you interact with our Sites, we may collect information about your location and your device. Some of this information may be general, such as the state or city associated with your zip code, while some of this information may be more precise, such as information associated with your mobile device. Location information allows us to provide location-based services such as showing you nearby Company locations. Most mobile devices allow you to control or disable the use of precise location services globally or per application in the device’s settings menu.

 Information from Social Media and Third Party Services: When you connect to, authenticate through, or interact with us or our Sites using a social media platform (such as by clicking on a social media icon linked from our Sites) or third party service (such as a Google account), we may collect information, including personal information, available through the service or the service’s application programming interfaces (APIs).  This information may include your name, account ID or username, contact details, email address(es), information related to your contacts, calendars, location information, profile picture, the contents of your posts or other communications, and other information the platform or third-party service makes available. If you choose to log in to your account with or through a social networking service or third-party service, we and that service may share certain information about you and your activities. You should check your privacy settings on these platforms and third party services to understand what information is made available to us, and you may be able to change the settings for these platforms or services to prevent, limit or otherwise control the information made available to us.

Information related to Minors: The Company does not knowingly collect information directly from minors—persons under the age of 16, or another age as defined by law—via our Sites or offline, other than when required to comply with the law or for safety or security reasons.

If you are a parent or guardian of a minor who has provided information without your knowledge or consent, you may submit a request to remove the minor’s information by calling Customer Service at (800)789-4455 or emailing us at privacy@maverik.comThis email is for data privacy matters only. For all other questions or concerns, please email CustomerService@maverik.com.

How We Use Information We Collect From or About You

We may use information you give us or information we collect about you to:

  • Communicate with you, including to respond to your inquiries and fulfill your requests;
  • Provide, maintain, personalize, optimize, and improve our Sites, including research and analytics regarding use of our Sites, social media platforms and third-party services, or to remember you when you leave and return to our Sites;
  • Provide and improve our products and services, including to provide you with online account management tools, services, to process any transactions you request, or to authenticate your identity;
  • Deliver advertising, including interest-based advertising on our Sites and other websites and applications;
  • If applicable, evaluate your application for employment with The Company, communicate with you about your application, conduct any necessary or appropriate background checks, comply with our diversity policy, manage any aspects of your prospective employment relationship with The Company and verify personal information by contacting your references;
  • Comply with legal, regulatory or fiscal obligations;
  • Detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal;
  • Share your information at your direction or request, or when you otherwise consent; and
  • Provide credit, fleet, Automated Clearing House, loyalty or another type of purchasing card.

We may combine information that you provide to us or information that we collect automatically with other information we obtain from our business records, including your use of websites and applications or purchase of products and services provided by the Company and, where applicable, your preferences and other personal characteristics. We also may use or combine information that we collect with information we obtain from third parties, including demographic information and other attributes, such as census data, purchasing data, demonstrated interests, loyalty programs, organizational affiliations and customer lists. Additionally, information collected from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.

Cookies, Tracking and Interest-Based Advertising

The help function of your browser should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued or to not receive cookies at any time. If you set your device to not receive cookies at any time, certain personalized services cannot be provided to you, and accordingly, you may not be able to take full advantage of all of our features.

The Company uses the information you make available to us when you interact with our Sites to provide you with advertising and offers that are more relevant to you. We partner with third party advertising companies to provide advertisements on our Sites, as well as on other websites and applications about our products and services that may be of interest to you. Some of our Sites may also include advertisements for unaffiliated products and services. The advertisements you see may be based on information collected through Cookies, web beacons and other tracking technologies from our Sites and on other third-party websites you visit and mobile applications you use that participate in our advertising networks. These third parties may use persistent identifiers to track your Internet usage across other websites and mobile applications in their networks beyond our Sites. While the Company will not share information that personally identifies you with unaffiliated third parties for their own uses, such third parties may, with sufficient data from other sources, be able to personally identify you.

You can learn more about ad serving companies and the options available to limit their collection of use of your information by visiting the websites for the Network Advertising Initiative and the Digital Advertising Alliance, and the webpages for Facebook’s ad preferences tool and privacy policy through your device settings and by resetting the advertiser ID on your Apple or Android device. For more information about how to change these settings go to:

Apple: http://support.apple.com/kb/HT4228

Android: http://www.google.com/policies/technologies/ads/

Windows: http://choice.microsoft.com/en-US/opt-out

Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Sites or on other websites, nor will it prevent the receipt of interest- based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your Cookies, you may also delete your opt- out preferences.

We use third parties to provide analytics services about your use and interaction of our sites, including Google Analytics, a web analytics service provided by Google, Inc. Google Analytics, Adobe Analytics and our other third party service providers and partners use Cookies or other tracking technologies to help us analyze how users interact with and use our Sites, compile reports on our Sites’ activity, and provide other services related to our Sites’ activity and usage. The technologies used by these third parties may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. Our Sites do not use Google Analytics or other third-party services to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here. The information generated by Adobe Analytics will be transmitted to and stored by Adobe and will be subject to Adobe’s privacy policies.  To learn more about Adobe’s partner services and to learn how to opt out of tracking of analytics by Adobe, click here.

Your browser or device may include “Do Not Track” functionality. At this time, the Company does not respond to browser “Do Not Track” signals.

How We Share Information About You

We may share your information:

  • With companies who work on our behalf to help us provide and support our Sites and our products and services. We require these service providers to treat all information we provide as confidential and to use it only for providing the services for which they have been
  • To provide you products and services, as well to send you information about other products and services we think you may be interested in.
  • To create aggregated or de-identified data that does not identify you. Once the data is aggregated or de-identified, we may use it for any purpose permitted by law and we may share it with third parties for their own uses.
  • With third parties so that they may communicate with you about products and services, as well as to deliver marketing communications, including emails, newsletters, offers tailored to you, and other materials that they believe may be of interest to you.

We may change our ownership or corporate organization. We may transfer to another entity or its affiliates or service providers some or all of the information we hold about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Privacy Notice.

We may use or disclose information about you if required to do so by law or that we in good-faith believe that such sharing is necessary to (a) conform to applicable law or comply with legal process served on us or our Sites; (b) protect and defend our rights or property, our Sites, or our users; or (c) act to protect the personal safety of our employees and agents, other users of our Sites, or members of the public.

Aggregation Websites Other companies offer websites and services that allow you to consolidate account information from multiple sources. To do this, those companies might ask you for your Company account credentials. The Company is not responsible for your use of such websites and services.

If you provide account credentials or other details about your Company account to such website or services, the Company will consider that you have authorized the website or service to access your Company account information. If you decide to revoke the authority you have given to an aggregation website or service, we strongly recommend that you change your password for the Sites to ensure that your Company account is inaccessible to the aggregation website or service.

How We Secure the Information We Collect From or About You

We use a combination of reasonable physical, technical, and administrative safeguards to protect the information we collect through our Sites and offline. When your personal information is shared, the Company will take a reasonable approach to prevent the unauthorized use of Personal Information.

While we use these precautions to safeguard your Personal Information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.

Retaining Your Information

In general, we do not keep Personal Information longer than is necessary for the purpose or purposes for which the Information was originally collected and processed.

If required, we may retain your Personal Information where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

Users Outside of the United States: If you use our Sites outside of the United States, you understand and consent to the transfer of information about you, and the collection, processing, and storage of information about you, in the United States and elsewhere. The laws in the U.S. and these countries regarding personal information may be different than the laws of your state or country.

California Notice

 A.    Your Rights to Request Access to and Deletion of your Personal Information

Under the California Consumer Privacy Act (“CCPA”), California consumers (”Consumers”), subject to certain exceptions, have the right to request access, correction and deletion of your Personal Information (“PI”), as these terms are defined in the CCPA,  collected, used, transferred or processed by the Company.

Consumers can, subject to proper validation:

  • Request confirmation as to whether the Company has PI relating to you;
  • Review the accuracy of your PI and, where appropriate or legally required, request to have it corrected, completed or amended;
  • Request access to your PI in a form permissible under applicable laws and regulations; and,
  • Request deletion of your PI.

You can make such a request by calling Customer Service at (800)789-4455 or emailing us at privacy@maverik.com. This email is for data privacy matters only. For all other questions or concerns, please email CustomerService@maverik.com. If required by law, we will disclose and deliver the required information to you free of charge within 45 days of receiving a verifiable request (with an additional extension of 45 days if reasonably necessary). You may request this information free of charge up to two (2) times in a 12-month period.

B.    Do Not Sell My Personal Information

Under the CCPA, Consumers also have the right to request that their information not be sold for value. This right may be referred to as the right to opt-out. Currently we do not knowingly sell or disclose information of Consumers to third parties for monetary or in-kind compensation. If we engage in such activities in the future, we will provide updated information via this Privacy Notice and provide instructions to submit a request that we do not sell your personal information.

In no case, however, will we sell personal information if we have actual knowledge that the information belongs to an individual under the age of 16 years without first obtaining appropriate parental consent.

C.     Updating Your Information

If you have an account with us, you can update your information or adjust your contact and marketing preferences by logging in to your online account. You may also contact your account representative or financial advisor to update information related to the accounts they manage.

D.    Biometric Information

We may collect information from you about your physiological, biological or behavioral characteristics (e.g., voiceprints; video; scans of face geometry) to create biometric identifiers, which we may use to identify and authenticate you, including to detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal, and to administer your account and maintain account-related records. We will obtain your consent before your information is used to create a biometric identifier. We may use third party service providers or disclose information as required by law or as otherwise specified in this Privacy Notice. However, we will not disclose your biometric identifiers to any third parties for their own use. We will protect your biometric information with the same security standards that we use to protect your highly sensitive Personal Information. We will retain your biometric information for as long as necessary for the purposes identified above.  By using our Sites or locations, you have consented, or as required by law, to our use of that Personal Information.

Nevada Notice

Nevada law gives Nevada consumers the right to request that a company not sell their personal information. This right applies even if their personal information is not currently being sold. If you are a Nevada consumer and wish to exercise this right, please submit your request by calling Customer Service at (800)789-4455 or emailing us at privacy@maverik.com. This email is for data privacy matters only. For all other questions or concerns, please email CustomerService@maverik.com.

For Questions, or to Report a Problem

If you have other questions, comments or concerns about our privacy practices, or if you wish to issue a request to exercise your rights where applicable by law, please call Customer Service at (800)789-4455 or email us at privacy@maverik.com.  This email is for data privacy matters only. For all other questions or concerns, please email CustomerService@maverik.com.

Effective date

This Notice was last updated and effective on May 1, 2020.