OWNERSHIP, LICENSE AND RESTRICTIONS ON USE
The trademarks, service marks, logos, URLs and domain names, registered or not, (“Marks”) appearing on or in the Digital Properties are the property of QuikTrip and other parties. You may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent of the owner of such Mark. You may not include the QuikTrip name, logo or any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between the Digital Properties, QuikTrip and any other website, mobile application, person, entity or organization.
To assist and inform visitors to our Digital Properties, QuikTrip makes licensed or fair use of Marks belonging to third parties for display on the Digital Properties. QuikTrip makes no claim of ownership of these Marks, and such materials are to be considered the exclusive property of the respective third parties. QuikTrip’s use of Marks belonging to third parties is not intended to suggest affiliation with, sponsorship of, or endorsement by the Mark’s holder.
QuikTrip hereby grants a non-exclusive, non-transferable, limited license to view the Digital Properties, and to print insignificant portions of materials retrieved from the Digital Properties, provided (1) it is used only for informational, non-commercial purposes, (2) the copyright notice or other notices are not removed or obscured, and (3) you do not violate any third party rights.
All information submitted to QuikTrip via the Digital Properties shall be deemed and remain the property of QuikTrip and we shall be free to use, for any purpose, anywhere and in any format, any ideas, concepts, know-how or techniques contained in the information you may provide to QuikTrip through the Digital Properties. QuikTrip shall not be subject to any obligations of confidentiality regarding such information, except as specifically stated in our privacy policies, specifically agreed to, or required by law. You are advised that QuikTrip does not want you to provide and prohibits you from providing any information or materials to QuikTrip that are defamatory, threatening, obscene, harassing, or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority. QuikTrip reserves the right, at its discretion, to refuse access to the Digital Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement.
LINKS TO THIRD PARTY SITES
From time to time, QuikTrip may provide links from the Digital Properties to a non-QuikTrip website or mobile application; likewise, QuikTrip may permit a link from a non-QuikTrip website or mobile application to the Digital Properties. Such links are for your convenience only. QuikTrip does not control or review any link, and accepts no responsibility for the content, products or services provided at these linked websites or mobile applications. If you decide to access such non-QuikTrip websites or mobile applications, you do so solely at your own risk and you should be aware that non-QuikTrip websites and mobile applications are governed by their own terms and conditions and privacy policies. Links to the Digital Properties may be made only with the permission of QuikTrip.
ACCURACY AND INTEGRITY OF INFORMATION
While QuikTrip attempts to ensure the integrity and accurateness of its Digital Properties, it makes no representations, warranties or guarantees as to the correctness or accuracy of the Digital Properties and/or any content thereon. It is possible that the Digital Properties could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made by third parties. If an inaccuracy arises, please let us know so that it can be corrected. The Digital Properties may contain information related to QuikTrip stores, as well as daily fuel prices, product prices, store specials, store facilities, store locations, service offerings and service availability. QuikTrip makes no warranties or guarantees that such information is accurate or that each service or product will be available at a specific time or at every store location.
ACCESS TO DIGITAL PROPERTIES
No warranty or representation is made that the Digital Properties, or any part or function thereof, will be available and not subject to interruption at any time. In the event access to the Digital Properties or a portion thereof is limited requiring a user ID and password (“Protected Content”), you agree to access Protected Content using only your user ID and password or your social media profile(s). You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Access to the Digital Properties may be revoked by QuikTrip at any time with or without cause or notice.
ONLINE AND MOBILE ORDERING
We may offer the capability through the Digital Properties to place orders for products and services for pick-up at a QuikTrip location. All orders placed using the Digital Properties are subject to availability and confirmation of order terms, including but not limited to the purchase price. The inclusion of any products or services on the Digital Properties does not imply or warrant the availability of such products or services, and availability and prices of products and services are subject to change at any time without notice.
Your submitted order is an offer to purchase, which shall be accepted only upon the later of (i) confirmation by email from QuikTrip, and (ii) payment in full for the order. QuikTrip reserves the right to refuse any order in its sole discretion for any reason, including but not limited to lack of availability, errors on the Digital Properties, and/or errors in the order. You agree to pay all charges incurred by you, on your behalf, or by your account through the Digital Properties, at the price in effect when such charges are incurred. By submitting your order, you represent that all details of your order are correct and that you are authorized to use the payment method used to place the order. You are solely responsible for any taxes applicable to your order.
You cannot make changes to an order once it is placed. QuikTrip in its sole discretion may permit you to cancel an order and issue a refund, if applicable, prior to the designated pick-up time on the order. No cancellations or refunds are permitted after the designated pick-up time. You may request a cancellation pursuant to the instructions provided in the confirmation email.
MOBILE MESSAGING PROGRAM
If you desire to stop participating in the SMS Program, you agree to reply with the appropriate termination command as specified through such SMS Program (e.g., STOP, END, CANCEL, UNSUBSCRIBE, or QUIT) to a mobile message from QuikTrip in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth in the appropriate SMS Program or verbally requesting one of our employees to remove you from our list is not a reasonable means of opting out.
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the SMS Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your obligation to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying QuikTrip of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by QuikTrip, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD QUIKTRIP HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY QUIKTRIP OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM QUIKTRIP ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
DISCLAIMERS; LIMITATION OF LIABILITY
No warranty. Content is provided for informational purposes only and should not be relied on. Our intent is to provide accurate and up-to-date content on the Digital Properties; however, that is not always possible. THEREFORE, ALL CONTENT, SERVICES AND FUNCTIONS ON THE DIGITAL PROPERTIES, OR ANY OTHER WEBSITE OR MOBILE APPLICATION LINKED TO THE DIGITAL PROPERTIES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties, in which event any required warranty applies to the minimum extent legally required.
No warranty or representation is made that any Content, service, product or function, including without limitation any downloadable files, available at or on the Digital Properties or any linked website or mobile application is free of computer viruses or destructive or harmful programs, software, code or devices which may erase, scramble, lock or disable any software, content or equipment or may prevent users from using a website or mobile application or any other item of hardware or software. You should routinely scan your system and downloaded files for such disabling devices.
From time to time QuikTrip’s Digital Properties may contain or provide information supplied by third parties. Any opinions, advice, statements, services, offers, or other information expressed or made available by a third party, are those of such third party and not QuikTrip. QuikTrip does not independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for Content displayed on the Digital Properties that may be provided by another party.
UNLAWFUL AND PROHIBITED USE
GOVERNING LAW AND JURISDICTION
YOU SPECIFICALLY AGREE TO INDEMNIFY AND HOLD HARMLESS QUIKTRIP, ITS AFFILIATES, SUBSIDIARIES, STOCKHOLDERS, OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY CLAIM, DEMAND OR DAMAGE, INCLUDING REASONABLE ATTORNEYS’ FEES, ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OR CONDUCT ON THE DIGITAL PROPERTIES.
ENTIRE AGREEMENT; SEVERABILITY
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
QuikTrip abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on an Digital Property that is controlled or operated by QuikTrip that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with QuikTrip’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
To file a notice of infringing material on a Digital Property owned or controlled by QuikTrip please provide a notification containing the following details:
Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material); as well as your contact information so that we can contact you (for example, your address, telephone number, email address);
A statement that you have a good faith belief that the use of the material identified is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
Your physical or electronic signature.
Then send this notice to:
Attn: DMCA Agent
4705 S 129th E Ave.
Tulsa, OK 74134
Effective Date: February 23, 2017