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.
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