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Privacy Policy / Terms and Conditions of Use
Please read these terms and conditions of use before using this site. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. 

Registration of your Fill-Up America® (FUA) award certificate must occur within 30 days of receipt (issue date), and must be online at www.FillUpAmerica.com. No faxes, photocopies, or other substitutions will not be accepted. You must complete the questionnaire including your name, address and email are required on the virtual registration.

Original Rebate Coupons totaling thirty dollars ($30) will be mailed to the address provided on the registration form. This program provides six (6) five-dollar ($5) cash back rebate coupons.  These coupons must be used with each rebate submission.

Only original rebate coupons will be accepted. No faxes, photocopies, or other substitutions will be accepted. Only one rebate coupon will be accepted in any given 30-day period. If multiple rebate coupons are submitted within the same 30-day period, only one rebate request will be honored and all others will be voided. Incomplete or illegible requests will not be honored.

Original Sales Receipts must accompany each rebate coupon. The sales receipts must match exactly the amount of the rebate coupon being submitted. The sales receipt must be for gasoline purchases only. Credit card receipts, faxes, photocopies, or other substitutions will not be accepted.

Mailing Address for all rebate submission is Fill-Up America®, PO Box 71410, SLC, UT 84171. Rebate coupons must be mailed within 30 days of purchase of the transaction date. The postmark on the envelope will establish the mail date. Late requests will not be honored or acknowledged. Rebate Checks will be in the amount of $5.00 and will be payable to the registered party only. Maximum reimbursement for each certificate registered is $30. Allow 4 weeks from the mail date for delivery of your rebate check.  Period of Use is determined by the issue date on the certificate located on the registration form. All rebate coupons must be redeemed within 12 months from the original issue date.

Restrictions include: no transfer of coupons; coupons may not be combined or shared. No sales receipts or coupons will be returned. Make copies for your records before mailing.  Rebate coupons will not be replaced if lost, stolen, damaged or redeemed without following these terms. The coupons are intended for promotional use only and cannot be sold to the recipient. This rebate offer is void where prohibited by law and is not valid for employees or family members of the issuing party.

No Cash Value. Do not present coupons to merchants. Rebate coupons are provided by Fill-Up America® which is solely responsible for redemption. Fill-Up America® coupons have no cash value except when redeemed in accordance with terms and conditions set on this form and the web site www.FillUpAmerica.com.

Terms of Participation of Fill-Up America® Rebate Program

© ACME Publishing Copyright 2007 AP1133

1. User Acceptance and Consent to Terms and Conditions of Use
By using this website or redeeming for value any of the FillUpAmerica.com promotional reward certificates (collectively, the "FUA Certificates"), users and the entities or persons they represent (sometimes referred to as "User" or "Users") agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the "Terms of Use"). User also confirms that are the legal owner of the FUA Certificate and that they have not obtained access to the reward through any fraudulent means including, but not limited to, unauthorized photocopying, certificate resale activities, theft, etc. FillUpAmerica.com reserves the right to change these Terms of Use from time to time and at its sole discretion. Users continued use of this FUA Site and FUA Certificates following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In addition, when User activates and/or redeems any FUA Certificates on the FUA Site, User agree to the terms and policies of each of the promotions from which the FUA Certificate is issued or provided via the FUA Site, which is incorporated herein by reference. If you do not agree to these Terms of Use please do not use the FUA Site or the FUA Certificate. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by FillUpAmerica.com and shall be of no force or effect. You represent that you have read and agree to be bound by these Terms of Use, including our Privacy Policy located at www.FillUpAmerica.com/privacy_policy which you should review. 

2. Registration; Member Account Creation and Security
In consideration of your use of the FUA Site and the FUA Certificate, you agree to: 

(a) provide true, accurate, current and complete information about yourself as prompted by the FUA Certificate's registration form (such information being the "Registration Data") and 
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FillUpAmerica.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FillUpAmerica.com has the right to suspend or terminate your FUA Certificate immediately without notice to you and may refuse any and all current or future use of the FUA Site and/or the FUA Certificate (or any portion thereof). 

3. License; Permitted Use
You agree that you are only authorized, in accordance with, and pursuant to these Terms of Use, to visit, view and to retain a copy of pages of the FUA Site for your own personal, noncommercial use, and that you shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use the FUA Site or the FUA Certificate for any purpose other than for their specific intended use and promotional information or for personal use, unless otherwise specifically authorized by FillUpAmerica.com to do so. As an express condition of your use of the FUA Site and the FUA Certificate, you warrant to FillUpAmerica.com that you will not use the FUA Site or the FUA Certificate for any unlawful purpose or purpose prohibited by these Terms of Use. You also agree not to link or deep-link to the FUA Site for any purpose, unless specifically authorized by FillUpAmerica.com to do so. You acquire absolutely no rights or licenses in or to the FUA Site and/or the FUA Certificate and materials contained therein other than the limited right to utilize the FUA Site and/or the FUA Certificate in accordance with these Terms of Use. Should you choose to download content from the FUA Site, you must do so in accordance with these Terms of Use. Such download is licensed to you by FillUpAmerica.com ONLY for your own personal, noncommercial use in accordance with these Terms of Use and does not transfer any other rights to you. If you violated any part of these Terms of Use, your permission to use the FUA Site and the FUA Certificate automatically terminates and you must immediately destroy any copies you have made of any material obtained through the FUA Site and/or the FUA Certificates you have acquired. 

4. Rules Of User Conduct
You further agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages of the FUA Site or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the FUA Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Although FillUpAmerica.com cannot monitor the conduct of its Users off the FUA Site, it is also a violation of these rules to use any information obtained from this FUA Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without such User's prior explicit consent.

You acknowledge and agree that FillUpAmerica.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 

1. comply with legal process; 
2. respond to claims that any Content violates the rights of third-parties; or 
3. protect the rights, property, or personal safety of FillUpAmerica.com, its users and the public. You understand that the technical activation and transmission of the FUA Certificate may involve 
4. transmissions over various networks; and 
5. changes to conform and adapt to technical requirements of connecting networks or devices. 
7. Proprietary Rights; Restrictions on Use 

You acknowledge and agree that the FUA Site is the copyrighted property of FillUpAmerica.com and you further acknowledge that the FUA Site and the FUA Certificate contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, some of which is owned by FillUpAmerica.com and some of which is owned by third parties (collectively "Protected Content") that are protected by copyrights, trademarks, service marks, patents, trade secrets, international treaties and/or other proprietary rights and laws of the United States and other countries, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Protected Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and FillUpAmerica.com owns all copyrights in the selection, coordination, arrangement, and enhancement of such Protected Content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by FillUpAmerica.com you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, in whole or in part. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Protected Content, provided that the copies are made only for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Systematic retrieval of data or other content from this FUA Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from FillUpAmerica.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the FUA Site and the FUA Certificate or these Terms of Use.

This FUA Site or any portion of this FUA Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FillUpAmerica.com and the copyright owner if other than FillUpAmerica.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FillUpAmerica.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Fill-UpAmerica.com' name or trademarks without the express written consent of FillUpAmerica.com. Any unauthorized use terminates the permission or license granted by FillUpAmerica.com.

You agree not to use, transfer, distribute or dispose of any information contained in the FUA Site and the FUA Certificate in any manner that could compete with the business of Fill-UpAmerica.com. You agree to protect the proprietary rights of FillUpAmerica.com and all others having rights in the FUA Site and the FUA Certificate during and after the term of this agreement and to comply with all reasonable written requests made by FillUpAmerica.com or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the FUA Site and the FUA Certificate. You agree to notify FillUpAmerica.com in writing promptly upon becoming aware of any unauthorized access or use of the FUA Site or the FUA Certificate by any party or of any claim that the FUA Site or the FUA Certificate infringes upon any copyright, trademark or other contractual, statutory or common law rights. 

5. Rights Reserved
All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the FUA Site and/or the FUA Certificate (the "Intellectual Property Rights") shall, as between you and Fill-UpAmerica.com, at all times be and remain the sole and exclusive property of Fill-UpAmerica.com. All present and future rights in and title to the FUA Site and/or the FUA Certificate (including the right to exploit the FUA Site and/or the FUA Certificate and any portions of the FUA Site and/or the FUA Certificate over any present or future technology) are reserved to FillUpAmerica.com for its exclusive use. 

6. Third Party FUA Sites
Users may through hypertext or other computer links gain access to other sites on the Internet that are not under Fill-UpAmerica.com' control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by Fill-UpAmerica.com, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by FillUpAmerica.com. These third party sites are not, and you acknowledge that FillUpAmerica.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such FUA Site, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by Fill-UpAmerica.com. 

7. Indemnification
You agree to defend, indemnify and hold harmless Fill-UpAmerica.com, and its subsidiaries, affiliates, officers, directors, contractors, agents, suppliers, co-branders or other partners, and employees, from any and all liabilities, claims, expenses or demand, including reasonable attorneys' fees, made by any third party due to or arising (i) from your use or misuse of or your connection to the FUA Site and/or the FUA Certificate (ii) out of Content you submit, post to or transmit through the Service, (iii) from your violation of the Terms of Use, or (iv) your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. FillUpAmerica.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FillUpAmerica.com in asserting any available defenses. 

8. Representations and Warranties
You represent, warrant and covenant that: 

1. you have the power and authority to enter into this agreement; 
2. you are at least eighteen (18) years old; 
3. you shall not use any rights granted hereunder for any unlawful purpose; and 
4. you shall use the FUA Site and the FUA Certificate only as set forth in these Terms of Use. 

9. General Information
The Terms of Use and the relationship between you and FillUpAmerica.com shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY COURT ACTION ARISING BETWEEN THE PARTIES, WHETHER UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THIS AGREEMENT, AND WHETHER MADE BY CLAIM, COUNTERCLAIM, THIRD PARTY CLAIM OR OTHERWISE. THE AGREEMENT OF EACH PARTY TO WAIVE ITS RIGHT TO A JURY TRIAL WILL BE BINDING ON ITS SUCCESSORS AND ASSIGNS. The failure of FillUpAmerica.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance. You accept that FillUpAmerica.com has the right to change the content, service or technical specification of any aspect of the FUA Site or the FUA Certificate at any time in FillUpAmerica.com' sole discretion. You further accept that such changes may result in your being unable to access the FUA Site and/or the FUA Certificate. 

10. Termination
In accordance herewith, either you or FillUpAmerica.com may terminate the Terms of Use with or without cause at any time and effective immediately. You may terminate the Terms of Use by discontinuing use of the FUA Site and the FUA Certificate and destroying all materials obtained there from. Your use of the FUA Site and the FUA Certificate will terminate immediately without notice from FillUpAmerica.com if you, in FillUpAmerica.com' sole discretion, fail to comply with any provision of these Terms of Use. Upon termination by you or upon notice of termination by FillUpAmerica.com, you must immediately cease all use of the FUA Site and the FUA Certificate and destroy all materials obtained from the FUA Site and the FUA Certificate and any copies thereof. 

11. Entire Agreement
These Terms of Use and any and all other terms and conditions of service on the FUA Promotion, and its successor, represent and constitute the entire agreement between you and FillUpAmerica.com regarding your relationship with Fill-UpAmerica.com, supersedes any prior statements or representations and governs your use of the FUA Site and the FUA Certificate.