Terms & Conditions

TERMS OF USE AGREEMENT

In consideration of Pilot Travel Centers LLC’s (together with its parent companies, subsidiaries and affiliates, including but not limited to Pilot Corporation, Flying J Inc. and Pilot Flying J, collectively referred to as “PTC”) allowing you to use this website (including its contents and services, the “Site”) and the services provided by and related to the Site, you agree to be bound by the terms and conditions of this Agreement (the “Agreement”).  You acknowledge and agree that your use of the site has the same effect as manually signing this agreement with PTC and creates a valid, binding contract between you and PTC. Your use of the site constitutes your acceptance of this Agreement.   If you do not agree to the terms of this agreement, immediately stop use of this site. 

Use of the Site

The Site is the property of PTC, its licensors, dealers, vendors and contractors.  You are granted a non-exclusive, non-transferable limited license to view the Site and to print off copies of any or all of the pages of the Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices.  Without the express written consent of PTC, you are not allowed (i) to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Site; (ii) to reproduce any part of the Site or mirror any material contained on the Site on any other server; or (iii) to link to or from the Site. 

PTC reserves the right, at its discretion, to refuse access to the Site or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement.

Product and Service Representation

The Site may contain information related to daily fuel prices, Frequent Fueler card, real estate properties for sale, employment opportunities, store specials, store locations and service availability. PTC 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.

Links to Other Websites
PTC may provide links to third party websites on the Site from time to time. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by PTC of the use of or content on such other websites.  You acknowledge and agree that PTC is not liable for any loss or damage which may be incurred by you for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk.  PTC makes no warranty or representation and disclaims any liability related to any linked websites and/or their content, and PTC is not responsible for the terms of use or privacy practices of such other websites.  You should review the privacy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the third party site. 

Prohibited Use of the Site

As an express condition of your use of the Site, you explicitly agree not to use this Site for any purpose that is unlawful or prohibited by this Agreement.  Also, you agree not to use the Site in any way that could damage, disable, overburden, or impair the Site, or interfere with others’ use of it.  Furthermore, you agree not to attempt to gain access to PTC’s computer systems or networks connected to PTC through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Site.  

Trademarks

PILOT TRAVEL CENTERS, PTC, PILOT, PILOT CORPORATION, FLYING J, PILOT FLYING J, FREQUENT FUELER ADVANTAGE, CRAZEE ABOUT COFFEE, and TRUCKERS FOR TOTS are all marks owned by PTC and may not be used without the express written permission of PTC.  There are other trademarks, service marks, trade names and trade dress on the Site owned by PTC.  You may not use any PTC trademarks, service marks, trade names or trade dress without the express written permission of PTC. 

PTC uses trademarks, service marks, logos, graphics, designs, names, and the like from third parties for display on the Site.  Such posting is done with the permission of these third parties, and such materials are to be considered the exclusive property of the respective third parties.

Copyrights

All software and content included on the Site, including all text, graphics, logos and images, is owned by PTC or third parties and is protected by United States and international copyright laws.  You may view and use the content of the Site in connection with your use of the Site.  Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Site is strictly prohibited, except as otherwise specifically set forth herein.  You do not acquire ownership rights to any content or other materials viewed on or through the Site.  The posting of information or materials on the Site does not constitute a waiver of any rights therein.  You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the Site or any part thereof, unless this is expressly permitted or required by law, or unless you have been granted written permission to do so by PTC.

Disclaimer

THE SITE IS PROVIDED BY PTC ON AN “AS IS” “WHEREIS” AND “AS AVAILABLE” BASIS. VISITORS TO THE SITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE.  PTC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE SITE, THAT THE USE OF THE SITE WILL MEET YOUR REQUIREMENTS/EXPECTATIONS OR THAT THE INFORMATION IS ACCURATE OR RELIABLE.  TO THE FULL EXTENT PERMITTED BY LAW, PTC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.  PTC MAKES NO WARRANTIES THAT USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PTC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD PTC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, COSTS, DAMAGES, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THIS AGREEMENT OR PTC PRIVACY POLICY, YOUR USE OF THE SITE, OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

Limitation of Liability

PTC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE SITE OR SERVICES AVAILABLE ON THE SITE, THE UNAVAILABILITY OF THE SITE, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF PTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE SITE. 

THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PTC.  THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Privacy

In order to operate and provide the service, PTC will need to collect certain information about you. As part of the service, PTC may also automatically upload information about your computer, your use of the service, and service performance. PTC uses and protects that information as described in its online privacy statement. In particular, PTC may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of PTC or its customers, including the enforcement of its agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of PTC employees, customers, or the public.

The service is a private computer network that PTC operates for the benefit of itself and its customers. PTC retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of its efforts to protect the service, protect its customers, or stop you from breaching this contract. The technology or other means PTC uses may hinder or break your use of the service.

Jurisdiction

You expressly agree that exclusive jurisdiction of any dispute with PTC, or in any way relating to your use of the Site, resides in the federal or state courts located in Knox County, State of Tennessee and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving PTC or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers.  This Agreement shall be governed and construed by the laws of the State of Tennessee, without respect to its conflict of laws principles. BY YOUR USE OF THIS SITE, YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

Miscellaneous

This Site and these Terms of Use may be changed by PTC with or without notice and at any time.  Any modifications to this Agreement will be effective immediately upon posting on the Site.  It is your responsibility to review the Agreement each time you use the Site so that you are aware of any modifications made.  Usage of the Site means you accept the then current form of the Agreement.  This Agreement constitutes the entire agreement between you and PTC, and supersedes all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Site, the content, products, or services provided by or through the Site.  If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Revised 1.20.11


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