BY ACCESSING OR USING THIS WEBSITE AND/OR ANY CEFCO 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 IMMEDIATELY UNINSTALL THE APPLICATION AND DISCONTINUE ITS USE.
Eligibility, Registration and User Account Information
NOTICE TO PARENTS AND GUARDIANS:
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 CEFCO 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 CEFClub, virtual gift cards, store locator, mobile gifting, 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 credit card information), virtual card information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”).
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.
CEFCO 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.
Site Disclaimer- No Warranties
THE MATERIALS AND INFORMATION ON THE SITES MAY INCLUDE INACCURACIES OR ERRORS. THE MATERIALS, INFORMATION AND SERVICES ON THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CEFCO 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 SITES AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
Copyright and Limited License
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the CEFCO logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the property of CEFCO or its licensors or users and are protected by U.S. and international intellectual property laws.
Intellectual Property Infringement Claims
It is the policy of CEFCO to respond expeditiously to claims of intellectual property infringement. CEFCO will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) as described below and other applicable intellectual property laws.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CEFCO’s designated agent (see address below) with a notice containing the following information:
- Your name, address, telephone number and email address;
- Identification of the copyrighted work or other intellectual property that you claim has been infringed;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- Identification of where the content that you claim is infringing is located on the site (i.e., the complete URL of all content on the Sites you believe violates the copyrighted work);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and a statement, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pursuant to 17 U.S.C. §512(c)(2) of the DCMA, CEFCO’ designated agent to receive notifications of claimed copyright infringements is:
General Counsel, CEFCO Legal Department, P.O. Box 1287, Temple, Texas 76503
If CEFCO has deleted or suspended access to any content you uploaded to the Sites because of a complaint that the posting infringed someone else’s copyrights and you disagree and want to have the content returned to you please provide CEFCO with a written response which contains the following within 10 days after receiving notification that the content has been deleted:
- Your physical or electronic signature;
- Identification of the content that was deleted or made inaccessible;
- A statement under penalty of perjury that you have a good faith belief that the content was removed or made inaccessible as a result of mistake or misidentification;
- Your name, address and telephone number and a statement that you consent to jurisdiction of the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who complained that posting the content constituted an intellectual property right infringement or from an agent of that person.
A copy of your response, including your name and address, will be sent to the person who complained about your posting, and unless this person files a lawsuit concerning the posting within 14 days of receiving a copy of your response, the deleted content will be returned to you.
Please note that all other content that CEFCO has deleted or suspended access to will not be returned to user.
In accordance with the DMCA and other applicable law, CEFCO has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. CEFCO may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
CEFCO and the CEFCO logo are registered trademarks of CEFCO. All other CEFCO trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Sites are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of CEFCO or its affiliates or licensors. In countries where any of the CEFCO trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, CEFCO claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of CEFCO or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin.
All rights not expressly granted are reserved.
Restrictions on Use
The Sites may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites (“User Content”). By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- Unless specifically requested by CEFCO, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers, or suppliers;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
- Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
- User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national, or international law;
- Viruses, spyware, Trojan horses, easter eggs, or any other harmful, disruptive, or destructive files; and
- User Content that, in the sole judgment of CEFCO, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of CEFCO, other users, or third parties.
CEFCO does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is CEFCO liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.
License to User Content
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to CEFCO that you grant herein. CEFCO claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant CEFCO and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release CEFCO its affiliated companies and subsidiaries, and their respective officers, directors, employees, agents and subcontractors from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
Submission of Ideas
Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about CEFCO, our Sites and our products (collectively, “Ideas”). Ideas, whether posted to the Sites or provided to CEFCO by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. CEFCO shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
CEFCO makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites. Such sites are not under the control of CEFCO and CEFCO is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. CEFCO and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by CEFCO of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites would then apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.
Third Party Content
CEFCO may provide third party content on the Sites and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that CEFCO is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.
CEFCO may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. CEFCO is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-CEFCO advertisers or third party information on the Sites.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CEFCO AND ITS AFFILIATED COMPANIES, PARENTS AND SUBSIDIARIES, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND SUBCONTRACTORS 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 SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM CEFCO, 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 CEFCO’s RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CEFCO, 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 SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CEFCO FOR ACCESS TO OR USE OF THE SITES OR $100.00, WHICHEVER IS LESS. 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 SITES 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.
Modifications to the Sites
CEFCO reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that CEFCO will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Most customer concerns can be resolved by calling our customer service department at the number listed on our website. In the event that customer service is unable to resolve a complaint to your satisfaction, you and we agree to resolve your complaint through binding arbitration instead of courts of general jurisdiction.
Neither you nor we will have the right to litigate any claim in court or have a jury trial on any claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim.
Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.
Sending a Claim Notice
Before beginning an arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided electronically or to your billing address, where applicable. Notice to us must include your name, address, CEFClub membership number, if applicable, and be sent to General Counsel, CEFCO Legal Department, P.O. Box 1287, Temple, Texas 76503.
Limitations on Arbitration
Any arbitration will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other CEFClub members, other users of the Sites, including other mobile application account holders or users, or other persons similarly situated.
The arbitrator’s authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.
This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitation and privileges.
At any party’s request, the arbitrator will provide a brief written explanation of the award. The arbitrator’s award will be final and binding, except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court having jurisdiction.
Arbitration Fees and Costs
You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees).
This Arbitration provision will survive termination of your CEFClub membership, mobile application account or use, any legal proceeding, and any bankruptcy. If any portion of this Claims Resolution section is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.
Successors and Assignment
Incorporation of Related Terms
You consent to receive all communications including notices, agreements, disclosures, or other information from CEFCO electronically. CEFCO may provide all such communications by email, by or through the Sites, or through other electronic means.