Effective as of Effective as of December 14, 2020
Sunoco Go Rewards SM Program Terms and Conditions
These Sunoco Go RewardsSM ("Go Rewards") program terms and conditions and any additional terms and conditions that are established and required by Sunoco Retail LLC ("Terms and Conditions") govern the terms and conditions on which an individual ("you") may participate in the Go Rewards program through our mobile application ("Go Rewards Program"). The Go Rewards Program is owned by Sunoco Retail LLC ("Sunoco", "we", and "our"). In connection with the Go Rewards Program, Sunoco owns and operates the Sunoco mobile application (the "Mobile App").
Changes to Terms and Conditions
We reserve the right to update or make changes to these Terms and Conditions from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of these Terms and Conditions on the Mobile App or on Sunoco's website. You can determine when these Terms and Conditions were last revised by referring to the date at the top of these Terms and Conditions. Your access to or use of the Mobile App following changes to these Terms and Conditions will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to these Terms and Conditions shall not apply to any dispute between you and us arising prior to the date on which we posted the revised version of these Terms and Conditions incorporating such changes or otherwise notified you of such changes.
Changes to Mobile App
Sunoco may change the format and content of all or any part of the Mobile App at any time, including but not limited to removal of features or functionalities in the Mobile App.
Sunoco may suspend the operation of the Mobile App or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.
Updates to the Mobile App may be issued from time to time through Mobile App stores. Depending on the update, you may not be able to use all or part of the Mobile App until you have downloaded the latest version of the Mobile App and accepted any new terms.
Participation in the Go Rewards Program
When you register through the Mobile App, acknowledge and agree to these Terms and Conditions, and link an approved payment method, you become a member ("Member") and you are automatically granted a $0.03 per gallon discount on fuel transactions ("Rewards") while paying for fuel with your Mobile App at participating Sunoco-branded fuel sites (individually a "Fuel Site" and together "Fuel Sites"). Rewards savings are subject to change at Sunoco's sole discretion. Savings is applicable only to the first twenty (20) gallons of fuel purchased per transaction. When registering in the Mobile App, you must meet the terms for participation established by us in order to be assigned a Go Rewards Program loyalty identifier, accessible only through your Mobile App ("Rewards ID"). The Go Rewards Program can only be used in the United States.
There is no cost to join Go Rewards. However, you must link an approved payment method in order to earn Rewards for your fuel purchases. You may apply for a Sunoco Rewards Credit Card through the Mobile App, which is subject to credit approval; additional terms and conditions apply.
Having a Sunoco Rewards Credit Card without registering in the Mobile App does not make you a Member. Neither Sunoco nor the Go Rewards Program will provide to you a credit card as part of the Go Rewards Program.
You will receive a Rewards ID through the Mobile App. To receive your Rewards ID, we require you download the Mobile App and provide your first and last name, a valid phone number, a valid e-mail address, your date of birth, zip code, and a password in accordance with any stated Sunoco guidelines ("Account"). We may refuse to grant to you, and you may not use, a phone number or e-mail address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You agree to provide us with, and keep up-to-date, accurate, truthful and complete account information (including, but not limited to your e-mail address and phone number). You may only collect Rewards in your Account. Your Account is non-transferable and may not be sold, combined or otherwise shared with another person, except as provided in this paragraph. If you violate these Terms and Conditions, commit fraud or falsify information in connection with your use of the Mobile App, or take any other act which we feel, in our sole discretion, is detrimental to Sunoco or the Go Rewards Program, we may terminate your Account, and you will forfeit any pending, current or future Rewards.
All Members are automatically granted a per gallon discount on fuel purchases through the first two (2) full calendar months following the Member's enrollment date. For such transactions, when using a Rewards ID in connection with a fuel transaction at a Fuel Site, eligible Members will receive a $0.03 per gallon discount. During the first two (2) calendar months, Members must fuel up with at least five (5) gallons of fuel at least two (2) times at any Fuel Site while using Member's Mobile App as Member's payment method. Beginning the third calendar month, in order to maintain, reobtain, or earn Member's discount, a Member must fuel up with at least five (5) gallons of fuel at least two (2) times per calendar month at any Fuel Site while using Member's Mobile App as Member's payment method. Beginning in the third calendar month, Rewards are valid for the month in which they are earned through the last day of that calendar month. Sunoco reserves the right to modify, add, and delete discounts and Rewards at any time.
Specific offers, terms and conditions and expiration details for how to maintain your Rewards or reobtain Rewards are described in the Terms and Conditions and may also be described at www.sunoco.com/go-rewards, or in material provided in connection with a promotion or offer.
In order to be eligible to earn Rewards, you must identify yourself as a Member by scanning your Mobile App to pay for your fuel at a Fuel Site's point of purchase.
Rewards status will be reflected in your Account immediately after your fuel purchase from a Fuel Site. We do not assume any liability for the failure of Rewards status to post to your Account in a timely manner.
You are solely responsible for checking your Account regularly to ensure that your Rewards are properly credited. If you believe that proper Rewards are not reflected in your Account, or if you have a dispute regarding your Rewards, you must contact Sunoco via the Mobile App, https://www.sunoco.com/contact-us, or by calling 1-800-SUNOCO-1 within thirty (30) days of the date of purchase and then provide any requested documentation to verify your purchase. If you do not contact Sunoco within thirty (30) days of the date your purchase was made, your Rewards will be deemed correct. Sunoco reserves the right to determine, in its sole and absolute discretion, whether Rewards should have been posted to your Account and to adjust your Account accordingly. You acknowledge that any such determination by us will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT REWARDS HAVE BEEN PROPERLY CREDITED TO YOUR ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW AS A MEMBER.
We are not responsible for delays or if we fail to make adjustments to your Account regarding a disputed Reward or for any other delay in recording Rewards in your Account. We are not responsible for any expired Rewards. We are not responsible for any missing or expired grocery rewards or grocery rewards not reflected in your account. We are not responsible for missing or lost digital receipts.
The Go Rewards Program and Reward IDs and all rights relating to them, are and will remain the property of Sunoco. You may not offer for sale, sell, exchange, give, charge or otherwise dispose of any Reward.
In the case of any failure by you to follow the Terms and Conditions, or any other fraud, misrepresentation, or abuse related to the Go Rewards Program, we reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your Rewards earned through the Mobile App may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you receive upon redemption of Rewards that are subsequently deducted from your Account.
Redemption of Rewards
Rewards are automatically applied to fuel purchases made through the Mobile App at Fuel Sites. Once your Account is established, to be eligible to earn and redeem Rewards you must link an approved payment method to your Mobile App and that payment method shall be used in place of swiping a credit card for fuel purchases. Rewards cannot be earned or redeemed unless payment is made through the Mobile App. Your Rewards will automatically be applied to each applicable transaction by reducing the per gallon price of fuel by the Reward. Rewards will be a $0.03 discount per gallon. Fuel savings are limited to twenty (20) gallons of fuel per transaction and any other limits placed on your payment card by your financial institution.
Rewards may only be earned and redeemed through fuel transactions and may not be earned through in-store product or service purchases. Rewards earned through the Mobile App can only be applied at Fuel Sites and cannot be used at any non-Sunoco branded fuel station or non-participating Sunoco branded fuel station.
Except for rewards earned through a Sunoco Rewards Credit Card, Rewards earned through the Mobile App cannot be combined with rewards earned through separate loyalty programs including any grocery loyalty program.
REWARDS HAVE NO CASH, MONETARY OR OTHER VALUE, CANNOT BE CONVERTED INTO ANY CURRENCY, CANNOT BE APPLIED AS CREDIT TO ANY PAYMENT CARD STATEMENT, AND MAY BE CANCELED AT ANY TIME. REWARDS MAY EXPIRE UNDER THE TERMS ESTABLISHED BY US. REWARDS ARE THE PROPERTY OF SUNOCO. REWARDS ARE ISSUED WITHOUT SEPARATE PAYMENT OR OTHER CONSIDERATION BY YOU AND EXIST AT THE SOLE DISCRETION OF SUNOCO AS PART OF THE GO REWARDS PROGRAM. REWARDS MAY NOT BE ASSIGNED, TRANSFERRED OR PLEDGED TO ANY THIRD PARTY.
Transactions and all Rewards are subject to all applicable legal rules and the Terms and Conditions.
THE INFORMATION, PRODUCTS AND SERVICES PROVIDED AS PART OF THE GO REWARDS PROGRAM AND ON THE MOBILE APP AND SUNOCO WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS. WE DO NOT WARRANT THE INFORMATION OR SERVICES PROVIDED AS PART OF THE GO REWARDS PROGRAM OR YOUR USE OF THE MOBILE APP GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE, AND EACH OF THE FOREGOING PARTIES EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULT OR COULD RESULT FROM INTERCEPTION BY ANY THIRD PARTY OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE MOBILE APP. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE MOBILE APP IS OBTAINED OR COMPILED FROM SOURCES WE REASONABLY BELIEVE TO BE RELIABLE, WE DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. WE SHALL NOT BE LIABLE FOR ANY FAILURE OF THE GO REWARDS PROGRAM OR THE MOBILE APP ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF SUNOCO.
You must provide and maintain current, complete and accurate information in connection with your Account. You agree that you will not, and will not permit others to: (i) provide any purposely inaccurate information (including a false e-mail address), or commit fraud or falsify information in connection with your Account; (ii) provide any unauthorized third party with access to your Account; (iii) modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your use of the Mobile App; (iv) engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Mobile App; (v) introduce into the Mobile App any code intended to disrupt the Mobile App, alter or delete its content, access confidential content on the Mobile App or interfere with the operation of the Mobile App, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (vi) attempt to access any data not intended for you or attempt to scan or test the security or configuration of the Mobile App or to breach security or authentication measures without proper authorization; or (vii) infringe any patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party or Sunoco in connection with your use of the Mobile App; (viii) fraudulently obtain Rewards; or (ix) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Mobile App.
You may not use a false e-mail address or phone number, create an account for anyone other than yourself without permission, use an e-mail address that is subject to any rights of a person other than you without appropriate authorization, or impersonate any person or entity.
If you post content or submit information or material through social media accounts administered by us, through business review and social networking sites, through email directed to us, through blogs, or through other communications, and unless we indicate otherwise, you grant us a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exploit (including without limitation, for purposes of promoting Sunoco, and promoting and redistributing part or all of the Go Rewards Program) such content, information and material, with or without the name that you submit in connection with such content, information or material, in any media now known or later developed. You represent and warrant that you own or otherwise control all of the rights to the content, information and material that you post; that such content, information and material is accurate; that use of such content, information and material does not violate these Terms and Conditions or the rights of Sunoco or any third party, and will not cause injury to any person or entity.
We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
Ownership and Trademarks
Sunoco retains all its respective rights, titles and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents), patent applications, trademarks, trademark registrations, service marks, trademark registration applications, tradenames, trade dress, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) in the Go Rewards Program. Sunoco may enforce all respective rights to the full extent of the law.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the Mobile App, is distinctive and protected trademarks, copyrights, or trade dress. The Mobile App may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
Without the prior written consent of Sunoco, you are strictly prohibited from, including, without limitation, modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directories, databases, listing or software obtained in connection with the Go Rewards Program or from the Mobile App. Systematic retrieval of content from the Mobile App to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Mobile App or Sunoco's website without written permission from Sunoco is strictly prohibited.
Nothing in the Go Rewards Program or on the Mobile App shall be interpreted as granting any license or right to use any image, trademark, logo or service mark in the Go Rewards Program. Unless otherwise specified, the Mobile App is for your personal and non-commercial use only and you may print, copy and download any information or portion of the Mobile App for your personal use only. Copying or downloading material from the Mobile App does not transfer title to any material on the Mobile App to you. If you copy or download any information or software from the Mobile App, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information and will use such copy or downloaded information or software for your own use only. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of Sunoco, which may own the marks.
You will not upload, post or otherwise make available on the Mobile App any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
You recognize the value of the goodwill associated with the Go Rewards Program and acknowledge that the Go Rewards Program and all rights therein and goodwill pertaining thereto belong exclusively to Sunoco. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in the Go Rewards Program or thereafter: (i) attack the title or any rights of Sunoco in or related to the copyright, trademarks, patents and other intellectual property in the Go Rewards Program; (ii) do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, patents, and other intellectual property in the Go Rewards Program; (iii) claim (adversely to Sunoco or anyone claiming rights through Sunoco) any right, title or interest in or to the copyright, trademarks, patents, and other intellectual property in the Go Rewards Program; (iv) misuse or harm the copyright, trademarks, and other intellectual property in the Go Rewards Program or bring the Go Rewards Program into disrepute; (v) for your benefit, directly or indirectly, register or apply for registration of Sunoco's trademarks or any mark which is, in Sunoco's reasonable opinion, the same as or confusingly similar to any of Sunoco's trademarks; (vi) for your benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in Sunoco 's reasonable opinion, the same as, confusingly similar to or incorporates any of the Sunoco trademarks, and/or (vii) engage in behavior we deem to be abusive to us, our employees, or to the Go Rewards Program.
Promotional and Operational Communication
We may send you certain Go Rewards Program information that may include, but is not limited to, periodic statements of your Account and other information necessary for administration and promotional communications which will inform you of special offers and products we believe would be of interest to you. As a Member, you may have consented to receive all of the kinds of information described above. If, at any time, you wish to no longer receive promotional communications relating to the Go Rewards Program, you may opt out of the receipt of promotional communications by clicking on the opt-out link provided at the bottom of each e-mail or by contacting the Member Support Helpdesk at https://www.sunoco.com/contact-us or by calling 1-800-SUNOCO-1. Requests to be unsubscribed or to opt out of promotional communications will be processed promptly, however, you may be included in the selection for additional promotional communications for a short period of time after you make your request. We reserve the right to send out certain communications, including by email and/or regular mail, relating to membership information, and administrative messages that are considered part of your Account (including communications informing you when you have linked or unlinked a payment card to your Account), without offering you the opportunity to opt out of receiving them.
You authorize us to monitor your Account and Mobile App activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your Account or any of your activities relating to the Go Rewards Program, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of the Go Rewards Program, the Mobile App, or your Account.
Be aware that the use of some of the functionalities of the Mobile App require access to the Internet or data through a mobile phone carrier. The use of the Mobile App on your mobile device is free but be aware that your carrier´s normal message and data rates apply. The Mobile App contains services and features that are available to certain mobile devices. By using the Mobile App on your mobile device, you agree that we may communicate with you by electronic means, including SMS and MMS to your mobile device and that certain information about your use of these services may be shared with us. You understand and agree that text messages sent to your mobile device may be generated using automated technology. If you change or deactivate your mobile phone number, you have to immediately update your account information to ensure that we do not send your messages to the person who acquired your old number.
Collection and Use of Certain Information
Discontinuation or Suspension of Use
We may, in our sole discretion, at any time and without prior notice: (i) discontinue transmitting all or any part of the content related to the Go Rewards Program; (ii) change, discontinue or limit access to the Go Rewards Program or any participant, reward, functionality, feature or other component of the Go Rewards Program; or (iii) suspend or terminate your use of or access to the Go Rewards Program or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.
Sunoco's Transfer of Rights
Sunoco may transfer its rights and obligations under these Terms and Conditions to any affiliate of Sunoco. Any such transfer will not affect your rights or Sunoco's obligations under these Terms and Conditions.
Limitation of Liability
NEITHER SUNOCO, FUEL SITES, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, JOINT VENTURES, REPRESENTATIVES OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS ARISING OUT OF OR RELATED TO THE MOBILE APP, THE GO REWARDS PROGRAM OR YOUR PARTICIPATION IN THE GO REWARDS PROGRAM, INCLUDING WITHOUT LIMITATION: (I) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE GO REWARDS PROGRAM OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN APPLY REWARDS; (II) YOUR USE OF MISUSE OF YOUR ACCOUNT OR REWARDS ID; (III) ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR REWARDS ID, INCLUDING BUT NOT LIMITED TO LOSS OR CORRUPTION OF DATA, INFORMATION, OR SOFTWARE; (IV) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT, OR CLAIM ABOUT THE GO REWARDS PROGRAM MADE BY A FUEL SITE OR ANY OTHER PERSON; OR (V) THE INTERRUPTION, SUSPENSION, OR DISCONTINUATION OF GO REWARDS PROGRAM. THIS APPLIES EVEN IF WE, OUR AFFILIATES, FUEL SITES OR OUR OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, AND THE MAXIMUM LIABILITY OF US AND OUR AFFILIATES, FUEL SITES AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY DOLLARS ($50.00).
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SUNOCO, FUEL SITES, AND ITS AND THEIR AFFILIATES, (AND EACH OF ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, JOINT VENTURES, REPRESENTATIVES AND AGENTS) HARMLESS FROM AND AGAINST ANY AND ALL DEMANDS, SUITS, LIABILITIES, ACTIONS AND COSTS, INCLUDING ATTORNEY's FEES, INCURRED IN CONNECTION WITH ANY CLAIM DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) ANY ACTUAL OR ALLEGED BREACH BY YOU OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY POLICY OF USE OR OTHER TERMS AND CONDITIONS; AND (II) YOUR USE OF THE MOBILE APP, YOUR ACCOUNT, OR THE GO REWARDS PROGRAM. YOU SHALL NOT IN ANY EVENT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF SUNOCO. WITHOUT LIMITING ANY OBLIGATION TO INDEMNIFY AND HOLD HARMLESS, WITH RESPECT TO YOUR OBLIGATION TO DEFEND, SUNOCO RESERVES THE RIGHT, AT ITS OWN DISCRETION AND EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE (INCLUDING EXCLUSIVE CONTROL) OF ANY MATTER THAT IS SUBJECT TO INDEMNIFICATION BY YOU.
By registering within the Mobile App, you release Sunoco and its affiliates and Fuel Sites from any injury or harm that may arise from participation in the Go Rewards Program.
California Civil Code Waiver. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Termination, Changes and Breach
You may cancel or close your Account at any time on https://www.sunoco.com/contact-us, or by calling 1-800-SUNOCO-1. If you cancel or close your Account, any Rewards in your Account will immediately be voided, and cannot be used after you cancel or close your Account.
We reserve the right to terminate your Account at any time. We may change, cancel, suspend or discontinue any aspect of the Go Rewards Program, the issuance and redemption procedures and restrictions, or the type of rewards or discounts offered, all without notice or liability and even though changes may affect the value of Rewards already accumulated. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. We may also impose limits on features and services or restrict your access to parts or the entire Go Rewards Program without notice or liability.
For example, but without limitation, we may add, delete or change time limits for collection, redemption or use of Rewards; redemption conditions or procedures; or the value of purchases required for particular Rewards. If you commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your Go Rewards Program privileges or act in any other way to the detriment of us, we may, without affecting our other rights, terminate your Account, and/or cancel your Rewards and disclose appropriate information requested by proper authorities. If Rewards expire or are cancelled for any reason, Rewards become void without compensation. You may elect to close your Account, terminate your participation in the Go Rewards Program, and not use our products and services or the products and services at any time in your sole discretion.
License and Mobile App Access
Sunoco grants you a limited license to access and make personal use of the Mobile App. This license does not include any resale or commercial use of the Mobile App or its contents. The Mobile App or any portion of the Mobile App may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes without the express written consent of Sunoco.
Availability of the Mobile App
WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE MOBILE APP. You acknowledge that there may be interruptions in service or events that are beyond our control. The Mobile App may be unavailable from time to time for any reason including, without limitation, routine maintenance. We retain the right at our sole discretion to deny service or access to the Mobile App to anyone at any time and for any reason.
Security of the Mobile App
Only you are authorized to use your password and Account within the Mobile App. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You acknowledge that neither Sunoco nor any third party will contact you to solicit your password or other Account login information. Therefore, you should not provide your password or Account login to any person whom you do not authorize to use your Account. Any use of your assigned password and Account will be deemed to be your use. You may never use someone else's Account, without that person's permission. When creating your Account, you must provide accurate and complete information. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT WE HAVE NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. If there is a breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
Internet websites and other platforms
If you use a social media platform or other method of communication to interact with Sunoco, these applications also have terms and conditions and privacy provisions that governs the use of personal information related to that application. We are not responsible for the collection, use, or disclosure of information collected through social media platforms or other methods of communication and we expressly disclaim any and all liabilities related to such collection, use, or disclosure.
These Terms and Conditions constitute the entire agreement between you and us regarding your participation in the Go Rewards Program, your entitlement to apply Rewards and your entitlement to any other benefits of the Go Rewards Program, and supersede all previous versions. Except as expressly provided herein, we reserve all rights with respect to the Go Rewards Program, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies and notify your Internet Service Provider of any fraudulent activity we associate with your use of the Mobile App) in the event of any violations. Sunoco may enforce these Terms and Conditions to the full extent of the law. When you deal with us over the Internet or via the Mobile App, you consent to the formation of contractual relations through electronic communications. We are the final authority as to any questions or disputes regarding the Go Rewards Program or any Reward. We will not be deemed to have waived any of our rights even if we apply Rewards when not required.
The Go Rewards Program, all rules and Terms and Conditions are governed by the laws of the State of Texas. If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions. No waiver by Sunoco or you of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms and Conditions. The section headings used herein are for convenience only and shall be of no legal force or effect. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and us. Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Condition to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
To be eligible to participate in the Go Rewards Program, you must be at least thirteen (13) years of age and have a residence in the United States. The Go Rewards Program may only be used in the fifty (50) United States. If you are between thirteen (13) and eighteen (18) years old, you may only use the Go Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. The Go Rewards Program may change these eligibility requirements at any time. Sunoco reserves the right to refuse membership to any applicant for any reason, in its sole discretion.
We do not represent or warrant that the Mobile App, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction other than that of the United States. Those who choose to download, access or use the Mobile App do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
Not Authorized to Do Business In Every Jurisdiction
We are not authorized to do business in every jurisdiction. Information published on the Mobile App or our website may contain references or cross-references to goods or services that are not available in your state or country.
The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, the language of these Terms and Conditions as written in English will govern.
The terms of these Terms and Conditions are governed by the laws of the State of Texas, without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE ALL PARTIES EACH WAIVING THE RIGHT TO TRIAL BY A JURY. THE PARTIES AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the validity, enforceability or scope of this class arbitration waiver. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules in Dallas County, Texas. All matters relating to arbitration will be governed by the Federal Arbitration Act. The arbitrator's decision will follow the terms of these Terms and Conditions and will be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
Notwithstanding anything to the foregoing, during the course of any Arbitration or prior to the start of any Arbitration, should a situation arise relating your violation of the Section entitled "Ownership and Trademarks", "Member Obligations", or any situation which Sunoco believes it will suffer irreparable loss or damage unless it takes immediate action, Sunoco shall be free to seek restraining orders, preliminary injunctive relief and/or other interim relief from any court of competent jurisdiction, and such actions or lawsuits shall not be considered in violation of this Arbitration provision.
Third Party Beneficiaries
The provisions of these Terms and Conditions are for the benefit of Sunoco and its officers, directors, employees, parent companies, affiliates, joint ventures, representatives and agents and you and not for any other person or entity; provided, however, that Fuel Sites shall be third party beneficiaries of the Disclaimers, Limitation of Liability, Indemnification, Arbitration, and Release provisions of these Terms and Conditions.