Terms of Use and Privacy Agreement

 

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. ("Maverik") (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 Maverik 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 Maverik 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 Maverik makes reasonable efforts to provide accurate and timely information about Maverik 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 Maverik.

Maverik 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

The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Sites, you agree to these Terms of Use. If your child or a minor for whom you are responsible is using the Sites and is either under 13 years of age or does not have your permission, please contact Maverik so that Maverik can disable his or her access to the Sites to the extent possible.

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 Maverik 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 Maverik, including its agents and third-party partners, and consent to Maverik, 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 Maverik Privacy Policy.

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. Maverik 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 Maverik webpages including, without limitation, webpages under www.maverik.com (and any associated webpages, Maverik mobile app, Maverik social media sites and all associated contents, functionality and services. As between you and Maverik, Maverik 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 Maverik 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 Maverik), (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 Maverik, 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.

Maverik 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. Maverik 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 Maverik computer systems or networks connected to Maverik 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 Maverik, a Maverik 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 Maverik 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. Maverik 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 Maverik 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 Maverik 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 Maverik 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 Maverik 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. Maverik makes no warranty or representation and disclaims any liability related to any linked website and/or its content, and Maverik is not responsible for the terms of use or privacy practices of such other website. Maverik 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 Maverik and may not be used without the express written permission of Maverik. 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 Maverik, 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 Maverik 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 Maverik’s or other owner’s applicable instructions and guidelines and applicable law. 

In countries where any of the Maverik 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, Maverik 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, Maverik 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. Maverik makes no claim of ownership of these marks, and such materials are to be considered the exclusive property of the respective third parties. Maverik 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 Maverik 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 Policy 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 Maverik, 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

Maverik 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

Maverik 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 Maverik to access your location, Maverik 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 Maverik to access your location, you consent to the collection, use, sharing, and transfer of your geo-location data with Maverik and third-party providers of Maverik 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 PROPERTIESMAY 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, MAVERIK 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, MAVERIK AND ITS AFFILIATED COMPANIES AND SUBSIDIARIES, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND SUBCONTRACTORS (“MAVERIK 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 A USER ON ANY INFORMATION OBTAINED FROM THE ONLINE PROPERTIES, THE MAVERIK 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 MAVERIK'S RECORDS, PROGRAMS OR SERVICES. THE MAVERIK PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUARL, 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. USER AGREES 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 MAVERIK. 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

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

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

ELECTRONIC MESSAGING DISCLAIMER

Maverik  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 Maverik 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 Maverik business; and/or (iii) with Maverik or a Maverik employee. YOUR PARTICIPATION IN ANY SUCH ELECTRONIC COMMUNICATIONS SHALL CONSTITUTE YOUR CONSENT TO AND AGREEMENT WITH THE FOLLOWING:       

  1. You agree to assume all risks associated with Electronic Communications;
  2. You understand the Electronic Communications are not private and are subject to monitoring, archiving and review by Maverik in its sole discretion; provided however, Maverik shall not have and hereby disclaims any duty to maintain Electronic Communications for any reason (except to the extent required by law);
  3. Maverik expressly prohibits harassing, discriminatory, offensive or otherwise inappropriate Electronic Communications;
  4. Maverik may block, prohibit or restrict the use of Electronic Communications at any time;
  5. Maverik 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);
  6. Maverik shall not be obligated to honor any order, trade, request, instruction, cancellation or other communication unless and until Maverik transmits express confirmatory documentation of its agreement to the same;
  7. You agree to comply with all applicable laws, rules and regulations related to Electronic Communications and understand that Maverik shall not be obligated and hereby disclaims any duty to ensure such compliance by you;
  8. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE MAVERIK 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, ATORNEYS’ 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;
  9. This Disclaimer shall be governed by the laws of the state of Utah; AND

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

Modification and Effectiveness

Maverik 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 Maverik 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, Maverik 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 MAVERIK 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 Maverik 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 Maverik consent or approval may be deemed to have been granted by Maverik without being in writing and signed by an officer of Maverik. 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. Maverik 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 Maverik.

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 Maverik at webmaster@maverik.com or by any means listed on the "Contact Us" webpage at https://www.maverik.com.

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 Maverik, Inc. (together with its affiliates, "Maverik") allowing you to use The Online Properties (as defined in the Terms of Use Agreement), you agree to be bound by the terms of this Privacy Policy. YOUR USE OF THE ONLINE PROPERTIES CONSTITUTES YOUR ACCEPTANCE OF THIS 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. This Privacy Policy does not govern our data collection activities offline or otherwise outside of our Online Properties (unless otherwise stated at the time of collection).

Introduction

This Privacy Policy is designed to assist you in understanding how Maverik collects, uses and safeguards information and to assist you in making informed decisions when visiting or utilizing services provided by Maverik on the Online Properties. This Privacy Policy will be periodically reviewed and revised from time to time.

The Types of Information Maverik Collects & The Ways Maverik Uses Information

  1. Information Maverik Collects Automatically. Maverik 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. Maverik uses this information to help Maverik evaluate visitor traffic patterns and improve our Online Properties by making our systems more responsive to the needs of visitors.

Maverik 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 Maverik to save preferences for you to make visiting our Online Properties easier. Cookies also help Maverik 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. Maverik does not respond to web browser “do not track” signals at this time.

 

  1. Information You Provide Maverik. Maverik and our Service Providers collect information you provide to Maverik directly via the Online Properties. This information may include personal information such as your name, address, telephone number, email address, banking information, 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, Maverik collects information in connection with:
    • Our Adventure Club™ Card program,
    • Our Nitro® Card program,
    • Our Maverik Fleet Card program,
    • Customer Portals,
    • Contests,
    • Our "Contact Us" webpage, and
    • Our “Maverik Careers” webpage.

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. Maverik reserves the right to remove User Contributions and/or the ability to submit User Contributions at any time.

  1. Information From Other Sources. In addition, Maverik may obtain information about you from other sources and combine that with information Maverik collects about you. This information may include, where permitted by law, personal information such as your name, address, email address, social security number, date of birth, 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 in connection with:
    • Maverik Career Websites,
    • Customer Electronic Payment and Billing Systems,
    • Individual Store Websites,
    • Maverik Connect Mobile App, and
    • Maverik 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 Maverik 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 Maverik permission to securely transmit your personal information to third parties to fulfill our business purposes. Further, Maverik may contact you about selected employment positions, products, services, companies and events that Maverik thinks may interest you, or contact you to obtain information 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 Maverik know through the opt-out procedures described below. Please also see the section below entitled "Electronic Communications from Maverik."

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 Maverik that all required Clearances have been obtained and Maverik is entitled to rely on the same.

How Maverik Discloses Information Maverik Collects

Maverik may disclose your information to our affiliated companies and our stores as well as to our agents, vendors, consultants and other companies that provide services to Maverik ("Service Providers") and to companies that may advertise to you as permitted by law, unless Maverik are otherwise notified by you through the opt-out procedures described below. Maverik 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 the rights, business, property , life, health, security and/or safety of Maverik, the Online Properties, the users of the Online Properties, Service Providers, or any third party; (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; (f) to enforce this Privacy Policy or the Terms of Use Agreement; or (g) to verify the accuracy of your information.

How Maverik Protects Your Information

  1. Information Security. Maverik does not warrant the security of your information. However, Maverik utilizes a variety of security controls to safeguard the confidentiality of personal information Maverik collects from unauthorized access or disclosure and accidental loss, alteration or destruction.

 

  1. Evaluation of Information Protection Controls. Periodically, our controls are reviewed for security, confidentiality and quality.

 

  1. 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.

 

Electronic Communications from Maverik

You may be given the opportunity to consent and request to receive from Maverik 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), promotional and marketing information and materials, documents, and any other communications ("Electronic Communications”). Your consent is your specific agreement that Electronic Communications provided by Maverik 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.

Your current valid contact information will be required in order for you to receive Electronic Communications from Maverik. You must also download the Maverik 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 Maverik reserves the right to charge you a reasonable fee for the production and mailing of any such agreement. To request a paper copy contact Maverik at webmaster@maverik.com.

You have the right to withdraw your consent to receive Electronic Communications from Maverik. You acknowledge and agree that Maverik 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 Maverik at webmaster@maverik.com.

Opt-out; Access & Correction of Information

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, text or mobile app push notifications may always opt-out of receiving one or all of these notifications or from having their information shared for certain purposes by (1) logging into your loyalty account, if any, and choosing to opt-out, (2) utilizing prescribed unsubscribe mechanisms contained in Maverik emails or texts, or (3) contacting Maverik at webmaster@maverik.com; provided however, Maverik may still disclose your information as set forth in (a) – (g) of the section above entitled "How Maverik Discloses Information Maverik Collects". You may opt-out at any time and for any reason.

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, Maverik 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 Maverikat webmaster@maverik.com or 1-800-789-4455.

Children’s Privacy

The Online Properties are intended for a general audience and not directed to children less than thirteen (13) years of age. Maverik will not knowingly collect personal information from children under the age of thirteen (13) consistent with the Children’s Online Privacy Protection Act. If Maverik becomes aware that a child under the age of thirteen (13) has provided personal information to Maverik through our Online Properties, Maverik 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 Maverik at webmaster@maverik.com and Maverik will take appropriate steps to remove such information from our files.

Release and Limitations

By using the Online Properties you release Maverik from and agree that Maverik 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

As stated above, the Online Properties contain links to other websites which are hosted, operated and/or managed by a third party or its contractors, not Maverik. Any information submitted to these other websites may be retained, viewed and used by the third parties and/or Maverik and in accordance with any applicable third parties’ respective use and privacy policies and this Privacy Policy. Maverik is not responsible for the privacy practices of the third parties hosting, operating and/or managing such other websites. Maverik strongly recommends 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 Privacy Policy, please contact Maverik at webmaster@maverik.com or by any means listed on the "Contact Us" webpage at https://www.maverik.com/home/contact.html.

 

Updated 5.31.17