Inner Circle Terms & Conditions

CIRCLE K: INNER CIRCLE

New Inner Circle Terms & Conditions

Effective Date: August 25, 2026

These Terms and Conditions affect your legal rights and should be read carefully. They include an arbitration agreement requiring that disputes be resolved on an individual basis through arbitration, rather than by jury trial, court proceedings, or class actions, as set forth in Section 19 below.

1. USE OF THE SITE

These Terms & Conditions (the “Terms”) govern your use of the Circle K Inner Circle mobile application (the “App”), the website https://www.circlek.com/inner-circle and other digital properties owned and operated by Circle K Stores Inc. and its affiliates (collectively, “Circle K”, the “Company”, “we”, “us” or “our”) in the United States where these Terms are posted (collectively, the “Site”). These Terms also govern your enrollment and participation in the Inner Circle Loyalty Program (the “Program”, collectively referred to with the Site herein as the “Service”). These Terms constitute a binding legal agreement between you, as a user of the Service, and us, as the provider of the Service. Your access to and use of the Service requires your compliance with these Terms. By downloading, accessing and/or using any portion of the Site and/or enrolling in or participating in the Program, you agree to be bound by these Terms and acknowledge and consent to our data practices described in our Privacy Policy. 

The Site is not intended for download, access or use outside of the United States, nor is participation in the Program. You are responsible for ensuring that your access to or use of the Service and the information, content, and other material available on or through it (“Content”) are legal in each jurisdiction in or through which you download, access or view the Site and such Content.

2. AMENDMENTS TO THE TERMS; ADDITIONAL TERMS

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service. Each time you access or use the Service, you agree to the then-current Terms, and we may provide notice of updated Terms by posting them on the Service or by any other reasonable method we choose. Your continued use of the Service after such notice constitutes your acceptance of the updated Terms.

Certain features of the Service may be subject to additional or different terms posted on the Service (“Additional Terms”). In the event of a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise. References to “Terms” include any applicable Additional Terms.

3. LICENSE

Subject to your compliance with the Terms, you may: (a) download the App and access and use the Site in connection with the Service; and (b) display, view, use, and play the Content on a permitted device, solely for your personal, non-commercial use. You may access and use certain features of the Service through the App.

You may not: (i) copy, modify, distribute, transfer, sublicense, lease, lend, rent, or otherwise make available the Service or Content; (ii) reverse engineer, decompile, or create derivative works; (iii) use the Service or Content for competitive analysis or to develop, provide, or use a competing product or service, or for any purpose to Company’s commercial disadvantage; (iv) interfere with the Service, its security features, digital rights management, or access controls; (v) harm the Service, Company, users, or third parties; (vi) harvest or collect user information without consent; (vii) attempt unauthorized access to the Service or related systems; (viii) make the Service available to multiple users or use multiple accounts per individual per device; or (ix) use the Service or Content unlawfully or inconsistently with the Terms or applicable law.

You further agree not to use the Service to: (a) upload, post, or transmit unlawful, harmful, infringing, abusive, defamatory, obscene, hateful, or otherwise objectionable content; (b) frame or alter Content or use meta tags or hidden text referencing Company; (c) upload viruses or malicious code; (d) manipulate Content or disrupt user experience; (e) suggest unauthorized association with Company or its licensors; (f) advertise, buy, or sell goods or services without Company’s prior written consent; (g) stalk, harass, threaten, or impersonate others; (h) send unsolicited communications on behalf of Company; (i) request personal information from other users; or (j) engage in illegal activity or collect user information for prohibited purposes.

Other than set forth explicitly in Section 3, no other licenses or rights are granted to you by implication or otherwise, including in or to any intellectual property rights owned or controlled by us or our licensors.

4. ELIGIBILITY TO USE THE SERVICE; ACCOUNT CREATION

To access certain features of the Service, you have to “register” (create an “account”). To access the Service, create an account, and participate in the Program, you must be over the age of 16. If you are between the ages of 16 and 18, you may create an account only under the supervision of a parent or legal guardian who has read, understood and agreed, on your behalf and on his/her own behalf, to be bound by these Terms. Company reserves the right to verify your age and identity to grant you access to age-restricted offers in association with the Program which is described in further detail below. If you create an account, you may be asked to provide an email address, phone number and a password. You represent and warrant that any registration information that you submit to the Company is true, accurate and complete, and you agree to update such information. You will also have to accept these Terms and our Privacy Policy.

You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or account. We are not liable for any loss or damage caused by your failure to comply with these requirements. By creating an account, you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

You may not: (a) activate or use more than one account; (b) use the name of another person without authorization of that person; (c) use a false or misleading name, address, or email address in connection with their participation in the Program; or (d) present or supply false or misleading information to any Program Entity. Duplicate accounts are subject to cancellation. 

You may delete your account at any time by either (a) contacting us at reply@circlekeasy.com or 1-855-276-1947 and requesting your account to be deleted; or (b) deleting your account within the account area of the App.

5. INNER CIRCLE® LOYALTY PROGRAM

MEMBERSHIP ELIGIBILITY

The Program is available only at participating Circle K USA locations. In addition:

1. Participation is limited to natural persons; corporations, partnerships, joint ventures, groups, and associations are not eligible. The Program is for non-commercial purposes only.

2. Program benefits and rewards are non-transferable, non-refundable, and may not be sold or redeemed for cash. Benefits may be accumulated and rewards redeemed only by the member upon presentation of membership barcode or mobile phone number.

3. Easy Pay cardholders can connect (“link”) their card number to their existing Inner Circle account. This will permit Easy Pay swiping to count as Inner Circle identification. If you choose to enroll in Easy Pay through the App, your Easy Pay card will be automatically linked to your Inner Circle account. If you change or delete your Inner Circle account, you will have to reconnect your account manually. You can disconnect your Easy Pay card from your Inner Circle account at any time. If you disconnect, you can relink at any time.

4. Members must keep their personal information current. The Company may cancel memberships with incomplete or inaccurate information and has no obligation to grant rewards or provide communications to members who fail to provide or update their information.

5. Visits and rewards are promotional and have no cash value, are not gift certificates, and are not property, unless otherwise stated on the reward.

6. Company may reverse, cancel, or adjust Visits or rewards if awarded in error, through fraud, abuse, technical malfunction, or violation of these Terms.

BENEFITS ACCUMULATION

1. To earn benefits, members must present at the cash register or enter at the fuel payment terminal a valid membership bar code or valid registered mobile number, before presentation of payment, when making a purchase at a participating store.

2. Members may now earn one (1) Visit per qualifying transaction as follows:

   • Fuel Visits: One (1) Visit is earned when a member purchases at least five (5) gallons of any fuel grade in a single transaction at a participating location. Single car wash purchases made at the pump without the purchase of at least five (5) gallons of fuel do not earn a Visit. Must provide mobile number or scan membership barcode prior to purchase to be valid and count. Maximum of five (5) total Visits can be earned in a 24-hour period. 

   • In-Store Visits: One (1) Visit is earned when a member makes a qualifying in-store purchase with a basket subtotal of at least $3.00 (before taxes and fees). Must provide mobile number or scan membership barcode prior to purchase to be valid and count. Maximum of five (5) total Visits can be earned in a 24-hour period. 

3. No Visits are earned for purchases of the following products and services:

   • Lottery, alcohol in states where prohibited (California), services (including but not limited to bus passes, phone/internet cards, taxes/fees, donations), bottle deposits/redemptions.

4. Product returns are handled according to Company’s product return and exchange policy. Company reserves the right to subtract the benefits earned in the returned product’s purchase or a promotion involving said product. 

5. If not explicitly stated, the Company reserves the right to determine if a product or service counts as a Visit. 

6. Company reserves the right at any time with no prior notice, to add or exclude, at its sole discretion, eligible items for benefits.

7. Visits expire within 6 months of issuance. 

LIMITATION 

Certain states impose restrictions on fuel discounts, alcohol promotions, or other consumer packaged goods incentives. Accordingly:

• Some reward types may be unavailable or modified in certain states.

• Maximum per-gallon discounts may be capped by state law.

• Alcohol purchases may not qualify toward Visit earning in certain states.

• Members in restricted states may receive alternative rewards of equal or lesser value, as determined by Circle K in its sole discretion.

• Circle K reserves the right to substitute rewards as necessary to comply with applicable law.

REWARDS

1. Customers may cash in Visits in exchange for available rewards in the mobile app or on the website. 

2. Unless otherwise specifically provided, rewards and other benefits earned through the Program expire thirty (30) days after issuance. ALL REWARDS MUST BE REDEEMED BY THE EXPIRATION DATE INDICATED IN THE APP.

3. To redeem their reward, members must enter or present their membership ID number at a participating store or follow other instructions provided by Company.

4. Rewards may be subject to additional terms and conditions. Furthermore, Company may, from time to time and at its sole discretion, partner with various businesses of its choice on Program offers and joint promotions. Company may, at its sole discretion, offer personalized promotions, promotional activities, contests or others exclusively to certain categories of members. The details, terms and conditions of such promotions are communicated to members.

If a member reaches a Visit milestone but does not select or redeem an available reward within a period designated by the Company, the Company reserves the right, in its sole discretion and to the extent permitted by applicable law, to automatically cash in the member’s Visits for a reward available at the then-current milestone threshold. The reward automatically issued may vary based on availability, state law restrictions, or Program configuration at the time of redemption. Automatic redemption does not extend any reward expiration period and does not entitle the member to any alternative reward, cash value, or substitution.

EASY PAY AND INNER CIRCLE ACCOUNT LINKING

1. Easy Pay cardholders may link their card number to an existing Inner Circle account, allowing Easy Pay swipes to serve as Inner Circle identification.

2. If you enroll in Easy Pay through the App, your Easy Pay card will automatically link to your Inner Circle account.

3. If you change or delete your Inner Circle account, you must manually relink your Easy Pay card.

4. You may disconnect your Easy Pay card from your Inner Circle account at any time and relink it at any time thereafter.

CONTESTS AND GAMIFICATION

1. You may participate in contests and games through the App using your Inner Circle account credentials (Single Sign On).

2. Participation in any contest or game requires your review and acceptance of the applicable official rules and the Company’s Privacy Policy.

PROGRAM SAVINGS

In addition to rewards, members may receive exclusive and personalized pricing, where applicable, on select products, subscriptions, and services. To receive these prices, members must present their mobile number or membership barcode at the register or enter it at the fuel payment terminal before payment at a participating store, subject to product availability.

6. CHANGES TO THE SITE, SERVICES AND PRODUCTS OFFERED

To the extent not prohibited by applicable law, we may, in our sole discretion: (a) modify, suspend, or discontinue the Site, Program, Service, or any portion thereof, generally or with respect to a specific user (including refusing access or cancelling a membership or account); and (b) modify, withdraw, or terminate any services, products, promotions, or contests offered through the Site, Program, or Service, in each case without notice (except as required by applicable law) and without liability for any resulting loss or damage.

To the extent required by applicable law, we will provide notice of material modifications to the Program or Terms on the Site and/or in writing. Your continued use of the Service or participation in the Program constitutes acceptance of the updated Terms.

Without limiting Section 2 and to the extent permitted by law, we may modify the Program terms and conditions, including eligibility requirements; purchase and transaction conditions; eligible products; rewards (including their form, issuance, redemption, accumulation, expiration, and partners or venues); joint offers and promotions; and any other changes required by applicable law or regulation.

7. MOBILE, MESSAGING, AND LOCATION-BASED FEATURES

MOBILE FEATURES 

The Service may offer features and services accessible through your mobile device, including accessing Service features, uploading content, receiving messages, and downloading applications (collectively, “Mobile Features”). By registering for Mobile Features, you consent to receive related communications and to our collection of information regarding your use of those features. You agree to keep your mobile contact information current by updating your account and notifying the Company of any changes.

If the Service provides push notifications or similar capabilities, you consent to our delivery of electronic communications to your mobile device, including notifications delivered while the Service runs in the background. You are responsible for managing notification preferences through your device or app settings. Standard message, data, and other carrier fees may apply and are your responsibility. Your carrier may restrict or prohibit certain Mobile Features, and some features may be incompatible with your carrier or device; contact your carrier for details.

TEXT MESSAGES AND EMAILS

Text Messages. By subscribing to any text marketing or messaging program, you consent to receive recurring text messages (including via auto-dialer) from us regarding our businesses and affiliates, which may include co-promotions, subject to the scope of your consent. See our Text Program Terms and Conditions for additional details.

Email Messages. You may opt out of or modify marketing emails by following the instructions in those emails. Your opt-out will apply only to the categories selected and will not affect future subscriptions. We may still send you non-marketing communications relating to your account or use of the Service, including administrative or transactional messages.

LOCATION-BASED FEATURES

If GPS, geo-location, or other location-based features are enabled on your Device, you acknowledge that your device location may be tracked and shared in accordance with our Privacy Policy. Certain devices or platforms may allow you to disable some, but not all, location features, and proximity to Wi-Fi, Bluetooth, or other networks may still permit location tracking even if device settings are disabled. You may stop location tracking through our mobile app by uninstalling the application. Some Service features may be subject to territory-based geo-filtering due to Content restrictions. Location-based services provided through the Company’s mobile app(s) or features are for personal use only and must not be relied upon in situations where inaccuracies could result in death, personal injury, or property damage. You use such services at your own risk, as location data may be inaccurate. The Site may also provide access to Google’s Maps program. By accessing or using it, you agree to comply with Google’s applicable terms of use or service.

8. LINKS TO OTHER WEBSITES

We are not responsible for third parties or their content, advertisements, apps, or sites (“Third-Party Services”). The Site may contain links to external websites operated by third parties, provided solely for your convenience. Portions of the Service may also be integrated with or linked to Third-Party Services that we do not control, including third-party ads, tools (such as Facebook Connect), plug-ins, or sign-in features. We do not control or guarantee the content of Third-Party Services, and your use of them is at your own risk and subject to their applicable terms and conditions. You release the Company from all liability arising from your use of any Third-Party Services.

The inclusion of any link, content, or feature relating to a Third-Party Service does not constitute an endorsement, partnership, or affiliation by the Company. Other sites may link to the Site with or without authorization, and we may block any links to or from the Site. You may not create links to the Site without the Company’s express permission.

If you access or use the App through Apple, Android, or another platform, those are Third-Party Services. If you access our Apps via Apple, additional applicable terms are incorporated into these Terms by reference.

9. TERMS APPLICABLE FOR APPLE IOS

If you access the Service through an Apple mobile application, you acknowledge that these Terms are between you and the Company, and that Apple, Inc. (“Apple”) is not a party except as a third-party beneficiary as described below. The license granted under these Terms is subject to the applicable Usage Rules in the App Store Terms of Use and any relevant third-party agreements.

You acknowledge that the Company, not Apple, is responsible for the Service and its Content, and that Apple has no obligation to provide maintenance or support. To the fullest extent permitted by law, Apple has no warranty obligations with respect to the Service. As between Apple and the Company, the Company is solely responsible for addressing any claims relating to the Service or your possession or use of it, including product liability claims, regulatory compliance claims, consumer protection claims, and intellectual property infringement claims, and you agree not to hold Apple responsible for any such matters.

You further acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. When using the Service, you agree to comply with all applicable third-party terms governing any platform, technology, or service that interacts with the Service. Any use of real-time route guidance is at your sole risk, and location data may be inaccurate.

10. COUPONS, OFFERS AND REWARDS

Coupons and rewards are subject to the terms and conditions stated on the coupon or reward and these Terms. Only coupons downloaded and reproduced from the Site and authentic paper coupons will be accepted in stores, and coupons are not valid for online orders.

Incomplete, illegible, altered, fraudulent, or otherwise invalid coupons, or coupons not properly obtained from the Site, will be rejected. The Company may refuse to honor coupons, Visits, points, or rewards if it believes, in its sole discretion, that a user has violated applicable terms, made a false statement, or committed fraud. The Company may also suspend, modify, or terminate any coupons, Visits / points, or rewards program at any time without notice if it determines the program is impaired, corrupted, or unlawful.

Reward program Visits, points and rewards remain subject to the applicable Additional Terms.

11. EXCLUSION AND DISCLAIMER OF WARRANTIES

THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THE SITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, INCLUDING ANY DOWNLOADABLE SOFTWARE, ACCESSED FROM OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THE SITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCT AND/OR SERVICES AVAILABLE ON OR PROMOTED THROUGH THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATION, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES AVAILABLE ON OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SERVICE, INCLUDING THE SITE, THE APP, THE PROGRAM, CONTENT, AND ANY PRODUCTS AND/OR SERVICES AVAILABLE ON OR PROMOTED THROUGH THE SITE OR THE SERVICE (THE “COMPANY OFFERINGS”).

EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THE COMPANY OFFERINGS ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE BROWSING, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF THE COMPANY OFFERINGS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE OR OTHERWISE, ANY HYPERTEXT LINKS TO THIRD PARTIES OR OTHER THIRD-PARTY SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS.

BECAUSE CERTAIN FEDERAL OR STATE LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. USE OF INFORMATION AND ERRORS

The Content displayed on the Site is provided for informational purposes only, unless otherwise stated. Pricing or product/service description errors or inaccuracies, including those relating to color, origin, category, or other characteristics, may occur. The Company reserves the right, at its sole discretion and without prior notice, to correct any such errors and to refuse, cancel, or modify any order containing them.

13. INDEMNIFICATION

By using the Site, you agree to indemnify, defend, and hold harmless the Company, its Affiliates, and its and their directors, officers, owners, employees, agents, mandataries, contractors, licensors, licensees, and third-party suppliers (collectively, the “Company Parties”) from and against any and all losses, damages, liabilities, claims, and related fees, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Site. The Company may, at its own expense, assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any such matter without the Company’s prior written consent.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF COMPANY OFFERINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, THE COMPANY’S CONTRACTORS OR SERVICE PROVIDERS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, DAMAGES OR LOSSES RESULTING FROM PRODUCT/SERVICE PRICE OR ATTRIBUTABLE ERRORS, PRODUCT ERRORS, SUBSTITUTIONS, MISSING PRODUCTS, INACCURATE PRODUCT-SERVICE DESCRIPTIONS OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY.

IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE SITE, IN NO CASE WILL THE COMPANY’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN, IN THE AGGREGATE, US$10.00.

IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SITE AND/OR TO ASK, IN PERSON AT THE DESIGNATED STORE, FOR A REFUND OR EXCHANGE OF THE PRODUCTS IN QUESTION DEPENDING ON THE DESIGNATED STORE’S REFUND AND EXCHANGE POLICY.

CERTAIN FEDERAL OR STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. INTELLECTUAL PROPERTY RIGHTS

Content on the Site, including text, images, illustrations, articles, photographs, software, audio, and video is owned by or provided to the Company. The Company does not represent or warrant that the Content does not infringe the rights of any third party. The Content is protected by the Trademarks Act, applicable laws of other countries, and international treaties.

Except as set forth in Additional Terms, you may make a single copy of Content for personal, non-commercial use, provided the Company is identified as the source. Any other use, including reproduction, distribution, transmission, communication to the public, performance, translation, or downloading, is prohibited without the Company’s prior written authorization.

All trademarks displayed on the Site are the property of the Company, its Affiliates, or third parties. They may not be used without the prior written consent of the Company or the applicable owner, and nothing on the Site grants any express or implied license or right to use any trademark absent such consent.

16. YOUR MATERIAL

The Company is not responsible for any text, image, video, audio, or other content you post or submit through the Site or other Company websites, including Company pages on social networking platforms (collectively, your “Material”). Your Material does not necessarily reflect the views of the Company or its affiliates, and we disclaim all responsibility for it. You agree not to post Material that is defamatory, obscene, abusive, fraudulent, infringing, unlawful, or otherwise gives rise to civil or criminal liability, and you agree to defend and hold the Company harmless from any claims, damages, liabilities, losses, or expenses arising from your Material. The Company may edit or remove any Material at any time without notice. All Material must be for non-commercial, personal purposes only.

Except for account or order information, the Company does not wish to receive confidential, secret, or proprietary information. Any ideas, suggestions, comments, feedback, or other Material you submit (other than as required by applicable law or the Company’s Privacy Policy) will be deemed non-confidential and non-proprietary. You acknowledge that such Material may be included in Company-owned databases and that the Company may use it to the fullest extent permitted by law, including for commercial purposes and in accordance with these Terms and the Company’s Privacy Policy.

By posting or submitting Material, you grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, distribute, display, perform, sublicense, and otherwise exploit your Material and any ideas contained in it, in any media now known or later developed, including for promotional and advertising purposes. This license includes all applicable intellectual property rights. You waive any rights of inspection, approval, compensation, attribution, privacy, publicity, or moral rights related to such use, and acknowledge that the Company has no obligation to use your Material.

You further acknowledge that Internet communications are not confidential and may be intercepted or altered, and that submitting Material does not create any confidential, fiduciary, or other relationship beyond these Terms. The Company is not responsible for payments to third parties arising from its permitted use of your Material, and you represent and warrant that your Material and the Company’s use of it as permitted herein do not infringe the rights of any person or entity.

17. SURVEILLANCE

The Company may monitor access to the Site (and any other of its websites) and activities relating to the Site and other Company Offerings, and may intervene if it chooses, but makes no representation or warranty that it will do so. You consent to any such monitoring and intervention.

18. SECURITY OF THE SITE

You may use the Site, the Service, and other Company Offerings only for the purposes set forth in these Terms. You may not attempt to access data not intended for you, test or probe the vulnerability of our systems, compromise their security or performance, or send unsolicited email, including advertising. Such conduct may violate applicable law and result in civil or criminal liability.

19. GOVERNING LAW AND JURISDICTION

1. Forum Selection/Jurisdiction. Subject to the arbitration provisions below, jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your Materials, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Phoenix, Arizona. Each party submits to personal jurisdiction and venue in Phoenix, Arizona for any and all purposes.

2. Pre-Arbitration Notification. The Company and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that the Company need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or the Company – shall send a letter to the other side briefly summarizing the claim and the request for relief. If the Company is making a claim, the letter shall be sent, via email, to the email address listed in the Company account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 19.B. If you are making a claim, the letter shall be sent to 1130 W Warner Rd., Tempe, AZ 85284 USA (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 19. Either you or the Company, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 19.D) before the expiration of this sixty (60)-day period.

3. Arbitration of Claims. All actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Phoenix, Arizona, before a single arbitrator. If the matter in dispute is between the Company and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Phoenix, Arizona or, if sought by the Company, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the Maricopa County Superior Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

4. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER GENERATED CONTENT (“UGC”), PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY COMPANY PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY COMPANY PARTY. 

5. Governing Law. These Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against the Company or by the Company against you pursuant to this Section 19, or otherwise related to the Service, Content, your Materials or other of the Company products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Arizona, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 19 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1 et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and the Company agree that we intend that this Section 19 satisfies the “writing” requirement of the Federal Arbitration Act. Section 19 can only be amended by mutual agreement. Either party may seek enforcement of this Section 19 in any court of competent jurisdiction. The arbitrator shall determine all challenges to the arbitrability of a claim.

6. Class Action Waiver. As permitted by applicable law, both you and the Company waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 19 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

7. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

8. Small Claims Matters. Notwithstanding the foregoing, either of us may bring a qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 19.F.

The provisions of Section 19 shall supersede any inconsistent provisions of any prior agreement between the parties. Section 19 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.

20. RIGHT OF PUBLICITY 

By participating in the Program, you irrevocably grant to Company (and its affiliated companies and their respective authorized representatives), where lawful, a non-exclusive, royalty-free, worldwide right (but not the obligation) to use your name, image, photographs, videotape, likeness, hometown name, biographical information, voice, and any statements you make regarding the Program, Company, or Company’s products for publicity, trade, advertising, and promotional purposes in any media now known or later developed, including the Internet, mobile devices, and the World Wide Web, without additional compensation or any right of review, notice, or approval.

21. SEVERABILITY; INTERPRETATION

If any provision of these Terms or any applicable Additional Terms is deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, such provision will be severed and will not affect the validity or enforceability of the remaining provisions of these Terms or the applicable Additional Terms. To the fullest extent permitted by applicable law, you waive any statutory or common law principles that would permit these Terms or any applicable Additional Terms to be construed against their drafter.

22. INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT

As permitted by applicable law, the Company reserves the right to: (i) investigate suspected breaches of Service security or its information technology systems, networks, these Terms, or any applicable Additional Terms; (ii) use and disclose information obtained in accordance with our Privacy Policy to review law enforcement databases or comply with applicable laws, law enforcement requests, or legal requirements; (iii) cooperate with law enforcement authorities; (iv) prosecute violations of these Terms and any applicable Additional Terms; and (v) discontinue the Service, in whole or in part, or suspend or terminate your access, accounts, or registrations at any time, without notice, for any reason, and without liability to you or any third party.

Suspension or termination will not affect your obligations under these Terms or any applicable Additional Terms. Upon suspension or termination, or notice from the Company, all rights granted to you under these Terms and any applicable Additional Terms will immediately cease, and you must promptly discontinue use of the Service (including deleting any downloads). Any provisions that by their nature should survive will survive, including all rights and licenses granted to the Company, and all indemnities, releases, disclaimers, limitations of liability, and provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

23. ASSIGNMENT

The Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, at any time without notice. You may not assign these Terms or any applicable Additional Terms, or delegate your obligations under them, without the prior written consent of an officer of the Company.

24. COMPLETE AGREEMENT; NO WAIVER

These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or the Company in exercising or enforcing any of the rights, powers, or remedies granted hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

25. HEADINGS

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.

26. NOTICES; QUESTIONS; CUSTOMER SERVICE

You agree that we may provide notices or respond to you by mail, email (if on file), or any other reasonable method we choose. If you have questions regarding the Service, you may contact the Company by email, phone, or mail using the contact information below. We have no obligation to provide customer support, and customer service personnel are not authorized to modify or waive these Terms or any applicable Additional Terms.

27. CONTACTING US