To help fund a new $3.5 million research hub at the The Nature Conservancy’s (TNC) Grand River Conservation Campus, the Lake Erie College School of Natural Sciences and Mathematics will hold the inaugural “Run for the Swamp” 5K road race on Saturday, April 21, 2018 from 8 a.m. to 10 a.m.
The College has been granted access to TNC-held lands for research and fieldwork, some of which has been conducted in collaboration with local conservation agencies. Now, fundraising is underway to construct the Lake Erie College Environmental Research Center at the 2,000-acre Morgan Swamp Preserve in Ashtabula County, Ohio, where the Dr. James K. Bissell Nature Center opened in October 2017.
With money raised by the race, the College will fund renovations of an existing hunting lodge, adding laboratories, office space and support infrastructure. These learning spaces will promote synergy with other local stakeholders in the environment and enhance the College’s science programs, specifically the environmental science major.
Similarly, the race route will direct runners through Painesville, along the Lake Metroparks’ scenic Greenway Corridor and around the Lake Erie College campus. Early registration costs $20 through Saturday, April 7 and includes a race t-shirt. Registrations made between April 8 and April 21 will cost $25.
Anyone interested in participating may register online here: https://lecrunfortheswamp.racedirector.com/
For more information about “Run for the Swamp,” contact Leah Jackson, college events director, at 440-375-7223 or firstname.lastname@example.org. If you would like more information about the Lake Erie College Environmental Research Center, contact Pam Palermo, senior director of development, at 440-375-7225 or email@example.com.
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Effective as of April 1, 2016
We may collect personal information as a result of your use of the Rewards Program and Mobile App, including personal information that is automatically collected (including account information and purchase history), and personal information (including location information and responses to survey questions and feedback or other advice) that you submit to us or through your use of and/or interaction with the Mobile App. Please read the Privacy Statement at www.RaceTrac.com, incorporated by reference, carefully to understand how we may collect, use and disclose certain information about our guests and how to update or change your information and how we may communicate with you.
To become a member in the Rewards Program, you must complete the following steps:
- Download the RaceTrac application (the “Mobile App”) to your Android™ or iPhone® device.
- Follow the prompts to create an account using a valid email address and password.
- Start earning Points on qualifying purchases made inside a RaceTrac location (see “Earning Points” below for further details).
- Go to “Account Preferences” within your Mobile App account.
- Complete all sections, including “Tell us More” within your account.
- Start using your phone number, registered within your Account Preferences, to be eligible to earn Points on your purchases at the pump.
You can also use the Mobile App to pay for purchases by registering a RaceTrac gift card to your Mobile App account. You can purchase a gift card (“Gift Card”), register an existing Gift Card, and reload a Gift Card, all through your Mobile App. See “Cards” section within your Mobile App for further details.
If you have any questions regarding your RaceTrac Gift Card, to reload your Card with more value, purchase additional Cards, or to check your balance, see your local RaceTrac store, visit www.racetrac.com, or call 1-888-529-6578 for customer service. Member should promptly update account information with any changes, such as updated name, address, telephone numbers, and email address either by visiting updating in your account settings.
Earn points “Points” in your account when you purchase Qualifying Products at participating RaceTrac locations only. There are two (2) types of rewards (“Rewards”) Members are eligible to earn through the Rewards Program: (1) Drinks Perk Rewards; and (2) In-App Rewards (each as described below). In addition, Members may be eligible to receive coupon offers (“Coupons”). Points earned by active Members will expire on a 36-month rolling schedule (i.e., Points earned on a qualifying purchase on 1/1/2014 will expire on 1/1/17 if they are not used prior to this date), except in the case of account inactivity as described below for a period of twelve (12) or more months.
You acknowledge and agree that RaceTrac may modify the number of Points required to be eligible for any or all Rewards.
Drinks Perk Rewards
If you’ve earned enough Points to meet one of the Drinks Perk tiers (see below), you have earned a Drinks Perk Reward as follows:
Tier Multiplier in store Multiplier at pump Number of Points earned during relevant period to achieve Tier† Drinks Perk Duke of (Hot)Dog $0.25 = 1 pt 1 gallon = 1 pt 0 None Prince of Pastry $0.25 = 1 pt 1 gallon = 1 pt 500 1 free fountain, frozen or coffee drink* per month for 12 months beginning as of the date Member first earned 500 Points King of Coffee $0.25 = 1 pt 1 gallon = 1 pt 2,000
(or 500 for Prince of Pastry Tier + 1,500)
1 free fountain, frozen or coffee drink* per week for 12 months beginning as of the date Member first earned an additional 2,000 Points after achieving the Prince of Pastry Tier Sultan of Soda $0.25 = 1 pt 1 gallon = 1 pt 3,500
(or 2,000 for King of Coffee Tier + 1,500)
1 free fountain, frozen or coffee drink* per day for 12 months beginning as of the date Member first earned an additional 3,500 Points after achieving the King of Coffee Tier
* Please note that drink purchases eligible for redemption of Drinks Perk reward are limited to fountain drinks, frozen drinks and coffee drinks only (i.e., bottled drinks not eligible).
† Note the rules below that apply to how Points you have earned count to help you achieve a Drinks Perk Tier:
On the date a Member earns enough Points to achieve a Drinks Perk Tier as outlined in the above table (the “Tier Achievement Date”) and not previously used toward a Drinks Perk Reward, then the Member has achieved the corresponding Drinks Perk Reward for such Tier for a period up to a maximum of twelve (12) months, ending on the anniversary of the Tier Achievement Date unless the Member earns enough points prior to the anniversary of the Tier Achievement Date to achieve a higher Drinks Perk Tier, in which event the Member will receive the Drinks Perk Reward for such higher Tier for up to a maximum of twelve (12) months following the Tier Achievement Date for such higher Tier.
- For example, if a Member earns 2,000 Points between 6/15/2016 and 12/1/2016, then the Member would have a Tier Achievement Date for the King of Coffee Tier of 12/1/2016. If the Member earns no additional Points, the Member would have the King of Coffee Tier through 11/30/2017, (the anniversary of the Tier Achievement Date for the King of Coffee Tier). After 11/30/2017, because the Member had not earned any new Points that were not already used toward the Member’s Reward for 12/1/2016 through 11/30/2017, the Member would drop down to Duke of (Hot)Dog with zero (0) Points counting toward the Drinks Perk Tier the Member would then be eligible for.
- However, if instead the same Member earns 500 additional Points between 12/1/2016 and 2/1/2017, then those 500 Points would be counted toward the Member’s next Drinks Perk Tier when the Member’s King of Coffee Tier Reward expires on 11/30/2017, and Member would have a new Tier Achievement Date of 12/1/2017 for a newly earned Prince of Pastry Tier for up to a maximum of twelve (12) months following such Tier Achievement Date. Any additional Points earned by Member beginning 12/1/2017 will count towards calculating the Member’s next Drinks Perk Tier.
- If the Member earns only 499 Points between 12/1/2017 and 11/30/2018, then when the Member’s Prince of Pastry Reward expires on 11/30/2018, the Member will only be at the Duke of (Hot)Dog Tier until such time as the Member earns additional Points to achieve a higher Tier.
- But if instead the Member earns an additional 2,500 Points between 12/1/2017 and 8/1/2018 for example, then the Member will have a Tier Achievement Date of 8/1/2018 for the King of Coffee Tier for up to a maximum of twelve (12) months following such Tier Achievement Date (i.e., until 7/31/2019).
Here’s another look at the above examples, including applicable Drinks Perk Reward periods and expiration dates:
Tier Achievement Date for King of Coffee Reward King of Coffee 12/1/2016
(Good through 11/30/2017, the anniversary of the Tier Achievement Date)
If Member earns no new Points after 12/1/2016, Tier Achievement Date for Duke of Hot(Dog) Tier Duke of (Hot)Dog 12/1/2017
(Good until Member earns enough Points to achieve a higher Tier)
If Member earns 500 new Points between 12/1/2016 and 2/1/2017, Tier Achievement Date for Prince of Pastry Reward Prince of Pastry 12/1/2017
(Good through 11/30/2018, the anniversary of the Tier Achievement Date)**
** If Member achieves higher Tier (King of Coffee) before 11/30/2018, as is the case in the very last row below, then the higher Tier will take precedence and Member will be able to receive the Reward for such higher Tier starting on the Tier Achievement Date for the higher Tier
If Member earns only 499 Points between 12/1/2017 and 11/30/2018, Tier Achievement Date for Duke of Hot(Dog) Tier Duke of (Hot)Dog 12/1/2018
(Good until Member earns enough Points to achieve a higher Tier)
If Member earns 2,500 Points between 12/1/2017 and 8/1/2018, Tier Achievement Date for King of Coffee Tier King of Coffee 8/1/2018
(Good through 7/31/2019, the anniversary of the Tier Achievement Date)
Based upon the number of Points you earn, you may be eligible for rewards offers through your Mobile App account for redemption of merchandise available in-store at participating RaceTrac locations (“In-App Rewards”).
In addition, you may periodically receive coupons through the Mobile App based on your Points balance and/or your purchase activity or history. You may choose to transfer Coupons you receive to another Rewards Program member through the Mobile App only. Once a Coupon is transferred, it will no longer be in your account and cannot be reclaimed.
Rewards and Points are not transferrable.
“Qualifying Products” means all products purchased at participating RaceTrac locations, except alcohol products, tobacco products, purchase or reload of a RaceTrac Gift Card, purchases involving redemption of Points, money orders/transfers, lottery tickets, and other services, as well as any other items specified as exclusions by RaceTrac from time to time or where prohibited by law.
Earning Points on In-Store Purchases
To earn Points for in-store purchases, members must be enrolled in the Rewards Program through the Mobile App and present your mobile device, with the barcode visible on the screen, for the cashier at a participating RaceTrac location, to scan while making your purchase of Qualifying Products at a participating RaceTrac location. For a list of participating locations, please visit www.RaceTrac.com or the “Stores” section within your Mobile App. The barcode must be scanned prior to completion of the transaction in order to earn and/or redeem Points.
Earning Points At the Pump
For purchases at the pump, Members may earn points by typing in the Member’s phone number when making a fuel purchase. The member’s phone number will need to be previously entered into the Mobile App for this functionality to be enabled (see “Enrollment” above) and for Points to be earned for such purchases.
For qualifying purchases of Qualifying Products inside participating locations as well as at the pump as described above, Members may earn points as follows:
- Members earn one (1) Point for every $0.25 spent inside a participating RaceTrac location on Qualifying Products, exclusive of sales tax.
- Members earn one (1) Point for every one (1) gallon of fuel purchased (whether purchased inside or at the pump).
- Point balances will be displayed in your account on the Mobile App. There may be a delay between the time of your purchase and the corresponding update to your Point total on the Mobile App available for redemption toward purchase of Qualifying Products.
All Rewards and Coupons redemptions are subject to availability of applicable merchandise.
- Drinks Perk Rewards: Your Drinks Perk Reward level will be loaded onto your account based upon your purchase activity at participating RaceTrac locations. In order to redeem your Drinks Perk Reward, you will need to present your mobile device displaying your Rewards barcode on the Mobile App to the sales associate at the time of eligible drink purchase, and the sales associate must scan the barcode.
- In-App Rewards: When you redeem an In-App Reward, you are redeeming the corresponding Points accrued on your account to earn such In-App Reward. (Your In-App Rewards will display the number of Points you will be redeeming if you elect to redeem the applicable In-App Reward.) Alternatively, you may choose to not redeem an In-App Reward (and associated Points) and instead continue saving such earned Points to earn different In-App Rewards. When making a purchase redeeming an In-App Reward using Points, you will need to present your mobile device displaying your Rewards barcode on the Mobile App to the sales associate at the time of eligible purchase, and the sales associate must scan the barcode.
- Coupons: To redeem a Coupon, you will need to present your mobile device displaying your Rewards barcode on the Mobile App to the sales associate at the time of eligible drink purchase, and the sales associate must scan the barcode.
- No substitutions allowed and no cash refunds allowed.
- Points may also be used to participate in RaceTrac’s support of the Michael J. Fox Foundation for Parkinson’s Research (MJFF). You may choose to redeem Points in exchange for a donation, made by RaceTrac, to MJFF. Donations are not tax deductible. Points are converted into a cash donation by RaceTrac to MJFF in the following amounts:
- Donate 40 Points = $1.00 donation to MJFF
- Donate 100 Points = $2.50 donation to MJFF
- Donate 200 Points = $5.00 donation to MJFF
- Donate 400 Points = $10 donation to MJFF
- No returns or exchanges on purchases using redeemed Points. Once Points are redeemed, Points cannot be credited back to a member’s account.
If a Member does not purchase a Qualifying Product through the Member’s Rewards Program account for a period of 12 months, Points previously earned will expire and will be removed from the Member’s account.
Member Information and Communications
Accounts and Passwords
You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account, including all orders placed through your account. You agree to notify RaceTrac immediately of any unauthorized use of your account or password. You may not use the account, user name or password of any other individual or company at any time without the express written permission and consent of the holder of the account, user name or password. RaceTrac will not be liable for any loss or damage arising from your failure to comply with this paragraph.
- There is currently no membership fee associated with the Rewards Program. Points accumulated are promotional and have no cash value.
- Members may not sell, transfer or assign Points. (Members may transfer offers made available through the Mobile App, but only as described above in the “Earning Rewards” section.) A member may have only one Rewards Program account.
- The Rewards Program will continue until such time as RaceTrac, in its sole discretion, elects to terminate the Rewards Program. We have the right to terminate or modify the Rewards Program at any time without providing electronic or written notice.
- We reserve the right to offer additional and/or different Rewards Program benefits to some members based on geographic location, Rewards Program participation, purchase activity or other criteria as determined by us. Some of our special promotional offers, benefits, and communications also may be based on Member usage or purchase volume or type of purchases.
User Submissions/Proprietary Rights
RaceTrac may allow you to create, post, submit or otherwise provide content on various locations through the Mobile App (such content, “User Submissions”). All User Submissions will be considered non-confidential and non-proprietary. By posting a User Submission on or through the Mobile App, you hereby grant RaceTrac and its respective affiliates a non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, worldwide, transferable license, with the right to sublicense, to use, reproduce, modify, distribute, publish, translate, perform, display, prepare derivative works of and otherwise exploit all or any portion of such User Submission in connection with the Mobile App or RaceTrac’s business, including, without limitation, for promoting and redistributing all or part of the Mobile App in any format, medium or technology now known or later developed, without notification, attribution, or any compensation or obligation to you. You understand and acknowledge that you are fully responsible for all your User Submissions, including the legality, accuracy and appropriateness thereof, and that RaceTrac may elect, but shall have no obligation, to remove any User Submissions, in whole or in part, in its sole discretion. To the extent you provide RaceTrac with ideas, suggestions, improvements or other feedback with respect to the Mobile App or RaceTrac’s business, you acknowledge and agree that we are free to use such feedback in any manner and for any purpose without compensation to you or restriction of any kind. By posting, uploading, inputting, providing or submitting your User Submission, you warrant and represent that you own or otherwise control all of the rights to your User Submission, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Submissions.
The Rewards Program is for your personal noncommercial use only. The Mobile App contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to, the information, text, software, sound, photographs, buttons, images, logos, audio clips, video materials, features, graphics and other materials on or within the Mobile App, and the entire selection, coordination, arrangement and “look and feel” of the Mobile App are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of the Mobile App transfers any right, title or interest in the Mobile App to you, and RaceTrac and its third-party licensors retain all of its and their respective Intellectual Property Rights in and to the Mobile App. Any rights not expressly granted are reserved.
Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any content or information from the Mobile App, in whole or in part, without the express written permission of RaceTrac. In addition, you shall not use any data mining, robots, or similar data gathering and extraction methods in connection with the Mobile App.
Restrictions on Use
You may not use the Mobile App or Rewards Program for any purpose that is unlawful or prohibited by these Terms. By using the Mobile App or Rewards Program, including all content and services available through it, you agree that you shall not:
- delete, modify, hack or attempt to change or alter any of the content on the Mobile App;
- use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Mobile App or servers or networks connected to the Mobile App, or take any other action that interferes with other parties’ use of the Mobile App;
- use any robot, spider, scraper, crawler, indexing agent or other automatic or manual device or process, except for a generally available search engine;
- use any RaceTrac’ names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text, or remove any copyright notice or trademark legend, attribution or other notice placed on or contained within any of the content;
- use any material or information, including images or photographs, which are made available through the Mobile App in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- create a false identity for the purpose of misleading others;
- provide false information or impersonate someone else;
- publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE REWARDS PROGRAM AND YOUR ACCESS TO AND USE OF THE MOBILE APP OR ANY CONTENT IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REWARDS PROGRAM AND THE MOBILE APP IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND RACETRAC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE REWARDS PROGRAM AND THE MOBILE APP, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, RACETRAC MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE REWARDS PROGRAM, MOBILE APP OR ANY CONTENT THEREON. RACETRAC WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE MOBILE APP, OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE MOBILE APP. RACETRAC MAKES NO WARRANTY THAT THE REWARDS PROGRAM OR MOBILE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE MOBILE APP WILL BE CORRECTED. THE MOBILE APP MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE REWARDS PROGRAM, MOBILE APP AND ASSOCIATED SERVICES AND COMMUNICATIONS, INCLUDING WITHOUT LIMITATION ADVERTISING CONTENT AND MESSAGES, ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
Limitation on Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE REWARDS PROGRAM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RACETRAC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE REWARDS PROGRAM AT ANY TIME. ADVICE RECEIVED VIA THE REWARDS PROGRAM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RACETRAC OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR SYSTEM FAILURE, DEVICE FAILURE, LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH THE REWARDS PROGRAM, THE MOBILE APP, THESE TERMS, OR YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE REWARDS PROGRAM, MOBILE APP OR ANY CONTENT AVAILABLE ON OR THROUGH THE MOBILE APP, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR RACETRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTIVITY PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABIILTY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
If, notwithstanding the other provisions of these Terms, RaceTrac is found to be liable to you or any third party for any damage or loss which arises out of your use of the Mobile App or any content or services provided or made available in connection with the Mobile App, RaceTrac’ liability shall in no event exceed the greater of (a) the total of the purchases of Qualifying Products made by you at participating RaceTrac locations to earn Points toward your account in the six (6) months prior to the date of the initial claim made against RaceTrac, or (b) $100.00.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOU HEREBY AGREE AND CONSENT TO WAIVE YOUR RIGHT TO PURSUE A CLAIM BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING.
THE USE OF THE REWARDS PROGRAM REQUIRES THE INDIVIDUAL ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES. SUBJECT TO THIS SECTION, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE SUCH CLAIM OR DISPUTE: (1) IN COURT; (2) BEFORE A JUDGE OR JURY; OR (3) IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
You agree that any dispute arising out of or relating in any way to your use of the Rewards Program requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate RaceTrac’s Intellectual Property Rights, RaceTrac may seek injunctive or other appropriate relief. The arbitration shall be conducted before three (3) neutral arbitrators Cobb County, Georgia, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. If you initiate arbitration, you will be responsible for paying a filing fee. The arbitrator will have the authority to waive this filing fee if you can prove financial hardship. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE REWARDS PROGRAM REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents: (a) to the non-exclusive jurisdiction of the state or federal courts located in Cobb County, Georgia for any action (i) to compel arbitration; (ii) to enforce any award of the arbitrators; or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies; and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Dispute Resolution section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Cobb County, Georgia and each party hereby irrevocably and unconditionally waives any defense related to personal jurisdiction, process or venue.
Notices And Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2) (or the Digital Millennium Copyright Act (“DMCA”)), notifications of claimed copyright infringement under United States copyright law should be sent to RaceTrac's designated agent at email@example.com. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
RaceTrac will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. When notifying RaceTrac of the alleged copyright infringement, please include all of the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
- identification of the copyrighted work alleged to have been infringed;
- a description of the material that is claimed to be infringing and information sufficient to locate the material on the Sites;
- information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
- a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If material is believed in good faith by RaceTrac to infringe a copyright or otherwise violate any intellectual property rights, RaceTrac will remove or disable access to any such material.