These Club CITGO Rewards and Mobile Application Terms and Conditions, and any other terms incorporated herein by reference (collectively, “Terms”) constitute an agreement between you and CITGO Petroleum Corporation and its affiliates and subsidiaries (collectively, “CITGO”, “we”, “our” or “us”). These Terms govern and provide terms and conditions associated with your participation in the Club CITGO rewards program (“Club CITGO Rewards Program”) and/or use of the Club CITGO mobile application (“Club CITGO App”) and any associated services. In these Terms, “you” or “your” means you and any persons that you authorize to use the Club CITGO Rewards Program, Club CITGO App, or your account.
The Club CITGO Rewards Program is a rewards program operated by CITGO or third parties on its behalf which lets registered users earn rewards, including but not limited to cent per gallon rewards, and receive other promotional offers, discounts, deals or coupons (collectively, “Rewards”) by making qualifying purchases at participating CITGO locations within the U.S. that participate in the Club CITGO Rewards Program. For more information about the Club CITGO Rewards Program, including currently available Rewards and offers, refer to the App. Rewards may have additional terms and conditions that apply, and you should review such additional terms and conditions, including for purposes of understanding how to receive Rewards.
Please read these Terms carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between you and CITGO through arbitration on an individual basis instead of by class actions or jury trials. By participating in the Club CITGO Rewards Program or by downloading, using, or accessing the Club CITGO App, you agree to be bound by these Terms. Your right to participate in the Club CITGO Rewards Program and/or use the Club CITGO App is conditioned upon your acceptance and compliance with these Terms. If you do not agree to be bound by these Terms, you are not authorized to participate in the Club CITGO Rewards Program or to use the Club CITGO App, and you must delete the Club CITGO App immediately and discontinue any access to or use of the Club CITGO Rewards Program, your account and the Club CITGO App.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES WITH CITGO. PLEASE READ IT CAREFULLY. IT IS CONTAINED IN SECTION 21 BELOW.
If you have questions regarding the Club CITGO Rewards Program, please call 1-888-2-GO-CLUB (1-888-246-2582) or e-mail us: firstname.lastname@example.org
To register in the Club CITGO Rewards Program, you must (i) first download the Club CITGO App; (ii) in the Club CITGO App, provide your first and last name, a valid email address, and valid phone number; and (iii) in the Club CITGO App, accept these Terms.
If you register, you will be asked to choose a user name and a password. You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken in the Club CITGO App, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or your Club CITGO App or Club CITGO Rewards Program account. CITGO is not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current, and complete, and you agree to update such information as necessary to maintain its truth and accuracy.
You acknowledge and agree that the Club CITGO Rewards Program and Club CITGO App are available only at participating CITGO locations. CITGO reserves the right to revoke your enrollment in the Club CITGO Rewards Program and your ability to use the Club CITGO App for any reason, in its sole discretion.
By registering in the Club CITGO Rewards Program, you consent to the use of: (i) electronic means to complete the Terms and to receive any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms and your use of the Club CITGO Rewards Program and the Club CITGO App.
CITGO reserves the right, in its sole discretion, to decline any transaction with any debit, credit, private label credit, EFT, or other payments cards or credentials (“Payment Card”), including in the event CITGO believes there has been any fraudulent activity on such Payment Card or such Payment Card is reported lost or stolen.
CITGO is not the issuer of any Payment Card and is not responsible for determining whether any transaction initiated by you will be approved. For questions concerning your Payment Card or transactions on your Payment Card account, you must contact your Payment Card issuer.
You may redeem Rewards as identified by CITGO with respect to any particular promotion or offer at participating locations. As noted above, additional terms and conditions may apply to individual Rewards. You must review and agree to any additional terms and conditions prior to accepting Rewards. Rewards expire on the date identified by CITGO with respect to any individual Reward. If no date is identified, then the Reward will expire thirty (30) days after Rewards are earned or offered. After expiration, any unused Rewards are forfeited without compensation to you and without liability to CITGO.
The Club CITGO Rewards Program can be used in purchase transactions at participating CITGO locations in the United States only. CITGO makes no representation or warranty that the Club CITGO Rewards Program will be available at any given CITGO location, whether participating or not, or that any transaction will be completed using the Club CITGO Rewards Program.
You will not receive Rewards for: any purchases excluded or prohibited by law; the value of any unused Rewards, promotional offers or coupons outside of the Club CITGO Rewards Program; purchases at a particular CITGO location ruled ineligible for the Club CITGO Rewards Program; or taxes on purchases.
Subject to your compliance with the Terms, you may download and install the Club CITGO App to devices you own, and access and use it, solely for your own personal and non-commercial use. Although you may download and install the Club CITGO App on multiple devices you own, you may only have a single account, and you must use the same account across all of your devices. You may not: (i) copy, modify or distribute the Club CITGO App for any purpose; (ii) transfer, sublicense, lease, lend, rent, or otherwise distribute the Club CITGO App to anyone else; (iii) reverse-engineer, decompile, or create derivative works of the Club CITGO App; (iv) make the functionality of the Club CITGO App available to any other users through any means; (v) use multiple accounts; or (v) use the Club CITGO App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. Furthermore, you agree that you will NOT use the Club CITGO App to:
Your license to use the Club CITGO App and any other license or rights granted in these Terms will immediately terminate upon the termination of these Terms. No other licenses or rights are granted to you under any intellectual property rights owned or controlled by CITGO or its licensors.
CITGO reserves the right, at our sole discretion, to add and remove features and capabilities from the Club CITGO Rewards Program and/or the Club CITGO App and to create limits on the use of the Club CITGO Rewards Program and/or the Club CITGO App, including, without limitation, additional registration or verification requirements or geographic restrictions, at any time and without notice.
CITGO reserves the right to approve, deny, or revoke participation in the Club CITGO Rewards Program or use of the Club CITGO App to any individual for any reason whatsoever on an immediate basis and without prior notice. If we determine that you have registered more than one (1) Club CITGO Rewards account to your name/business, we reserve the right to terminate these accounts without further notice.
Use of the Club CITGO App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. You agree that no joint venture, partnership, employment, or agency relationship exist between you and CITGO because of these Terms and or your participating in or use of the Club CITGO Rewards Program and/or the Club CITGO App.
Upon termination, your ability to earn additional Rewards terminates immediately, and you will have to use any available Rewards remaining in your account prior to their expiration. After that date, any remaining Rewards will be forfeited without compensation to you and without liability to CITGO.
These Terms shall continue in full force and effect until terminated. CITGO may terminate these Terms for convenience at any time upon notice to you. CITGO will provide notice of termination via the email address you supplied at the time of registration. You may terminate these Terms for convenience at any time by deleting the Club CITGO App from all devices that you own or control. You also have the right to stop using your account at any time. Notwithstanding the foregoing, with respect to you, these Terms shall terminate without any further action needing to be taken by CITGO upon any breach by you of these Terms. Upon the termination of these Terms for any reason whatsoever all licenses granted to you hereunder shall immediately terminate and you shall immediately cease and desist from all access to and use of the Club CITGO Rewards Program and/or Club CITGO App, and shall immediately delete the Club CITGO App from all devices that you own or control. For the avoidance of doubt, notwithstanding any termination of these Terms, you remain liable for all use of (i) the Club CITGO Rewards Program under your account and/or (ii) Club CITGO App on any device you own or control, including any transactions initiated through such use. The terms set forth in the following paragraphs of these Terms shall survive the termination for any reason: “FEEDBACK AND USE OF DATA”; “INTELLECTUAL PROPERTY AND SCOPE OF LICENSE”; “INDEMNIFICATION, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY”; “CHOICE OF LAW”, “DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER”; and “ENTIRE AGREEMENT.”
Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CLUB CITGO REWARDS PROGRAM AND CLUB CITGO APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE CLUB CITGO REWARDS PROGRAM OR CLUB CITGO APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR WILL MEET YOUR EXPECTATIONS. YOUR USE OF THE CLUB CITGO REWARDS PROGRAM AND CLUB CITGO APP AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE CLUB CITGO REWARDS PROGRAM OR CLUB CITGO APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY RESULTING FROM THEIR USE.
IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF CITGO AND THE OTHER CITGO PARTIES (DEFINED ABOVE) TO YOU UNDER OR IN CONNECTION WITH THESE TERMS, OR RESULTING FROM OR ARISING OUT OF THE CLUB CITGO REWARDS PROGRAM OR THE CLUB CITGO APP, INCLUDING THE USE OF OR INABILITY TO USE THE FOREGOING, SHALL NOT EXCEED $50.00 OR THE SUM OF ANY FEES (NOT TO INCLUDE THE RETAIL PRICE OF FUEL OR GOODS) PAID BY YOU AS PART OF THE CLUB CITGO REWARDS PROGRAM, WHICHEVER IS HIGHER.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY UTILIZING THE METHODS AVAILABLE ON THE “CONTACT US” PAGE ON CITGO.COM. IN THE UNLIKELY EVENT THAT CITGO CUSTOMER SERVICE IS UNABLE TO RESOLVE YOUR CONCERNS, YOU AND WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THESE TERMS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER OR IN CONNECTION WITH THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED.
IF YOU DO NOT WISH TO BE SUBJECT TO THE ARBITRATION REQUIREMENTS IN THESE TERMS YOU MAY OPT-OUT WITHIN 30 DAYS OF ACCEPTING THESE TERMS BY SENDING WRITTEN NOTICE OF YOUR REQUEST TO OPT-OUT TO CITGO LEGAL AFFAIRS; CITGO PETROLEUM CORPORATION; P.O. BOX 4689, HOUSTON, TX 77210-4689.
For purposes of this arbitration provision, you, on the one hand, and CITGO, on the other hand, agree that all disputes, controversies and claims related to these Terms (including any controversies relating to the applicability, enforceability or validity of any provision of these Terms), The Club CITGO Rewards Program, or the Club CITGO App (collectively “Disputes”), shall be finally and exclusively resolved by binding arbitration as described in this section, which may be initiated by you or us by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
YOU EXPRESSLY AGREE THAT ALL DISPUTES SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case CITGO will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. CITGO also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration merits hearing shall be conducted in Houston, Texas, unless the parties agree otherwise in writing or the arbitrator determines a different location (such as the County of your residence) is a more appropriate venue for the arbitration merits hearing.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the other terms and conditions of these Terms, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of these Terms including, but not limited to, any claim that all or any part of this arbitration provision or these Terms is void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether these Terms permit class proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by the terms and conditions of these Terms, including with regard to the class and representative waiver provisions. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless CITGO and you agree otherwise, any arbitration will be governed by the substantive laws of the State of Texas. Case management and other hearings shall be heard via telephone unless otherwise agreed to. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and CITGO agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Houston, Texas, and both parties consent to exclusive jurisdiction and venue in such courts for such non-arbitrable disputes. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration.
To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual, non-class and non-representative basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.
THE PARTIES AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and CITGO expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a judge rather than a jury will decide disputes between you and CITGO if, for any reason, the arbitration agreement is not enforced.
Survival: This Section 21 survives the termination of these Terms with CITGO. If you bring a claim against CITGO after termination of these Terms that is based in whole or in part on events, act or omissions that occurred while you were a CITGO customer, this dispute resolution provision shall apply.
These Terms together with any other terms and conditions, policies or agreements referenced herein, constitutes the entire agreement between the parties concerning the subject matter hereof. You expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation or warranty by CITGO that is not expressly stated in these Terms.
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