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
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.
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.
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.
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
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.
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.
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).
This is a legal agreement ("Agreement") between you and Pilot Travel Centers LLC (d/b/a Pilot Flying J) and shall govern your access to and use of this WIFI Service (this or the "Service") while as Pilot Flying J Travel Centers throughout North America “Travel Center”. Only current guests of this Travel Center may use the Service.
BY CLICKING YOUR ACCEPTANCE, OR BY ACCESSING OR USING THIS SERVICE, YOU REPRESENT THAT YOU ARE CURRENTLY A GUEST OF THIS TRAVEL CENTER AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND AGREE TO BE LEGALLY BOUND BY THEM. If you are not a current guest of this Travel Center and/or you do not agree to or understand this Agreement, then you may not use or access this Service.
By using this Service you warrant and promise, that you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity, or are otherwise entitled to be legally bound in contract) and accept this Agreement on your behalf.
In consideration of your use and access to this Service and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you agree that this Agreement is for the joint and several benefit of Pilot Flying J and all of its affiliates, lessees and any of their respective service providers (hereinafter collectively "Pilot Flying J") and Pilot Flying J shall have the right to enforce the terms of this Agreement. "Third Party Provider" means the third party provider of Pilot Flying J providing the Service.
PILOT FLYING J AND THE THIRD PARTY PROVIDER RESERVE THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT, THAT PILOT FLYING J AND/OR THE THIRD PARTY PROVIDER MAY (BUT ARE NOT REQUIRED TO) MONITOR YOUR COMMUNICATIONS AND ACTIVITIES VIA THIS SERVICE (INCLUDING THEIR CONTENT) DURING TRANSMISSION, AND IN CONNECTION WITH THE USE OF THIS SERVICE, INCLUDING WITHOUT LIMITATION INFORMATION ABOUT DEVICES THROUGH WHICH YOU ACCESS THE SERVICE. PILOT FLYING J AND THE THIRD PARTY PROVIDER MAY USE AND DISCLOSE ANY SUCH INFORMATION FOR PURPOSES OF ADMINISTERING THE SERVICE AND PROVIDE SERVICE FUNCTIONALITY, ANALYZING USAGE, ENSURING YOUR COMPLIANCE WITH THIS AGREEMENT, APPLICABLE LAW, IN COOPERATION WITH LEGAL AUTHORITIES, AND AS OTHERWISE REQUIRED TO PROTECT PILOT FLYING J'S AND THE THIRD PARTY PROVIDER’S RIGHTS, PROPERTY AND INTERESTS.
(a) You agree that you are fully responsible for your activities while using this Service (including for any content, information and other materials you access or transmit via this Service), and that you shall bear all risks regarding use of this Service. You agree not to use this Service to engage in any Prohibited Conduct. Broadly stated, "Prohibited Conduct" is any conduct that is unlawful, infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission), tortious (conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk), or any other online conduct that a reasonable individual would or should know would violate another party's intellectual property rights, privacy rights or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property.
(b) By way of illustration and not limitation, Prohibited Conduct includes using this Service to: (i) intercept, divert or otherwise interfere with any communication, (ii) violate the security or integrity of, or gain unauthorized access to, this Service or any other service, system or communication; (ii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iii) send "spam", chain letters, or other unsolicited communications to any party; (iv) create a "mail drop" for such communications, or engage or permit e-mail relay services (e.g., "open mail relay"); (v) "spoof" or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (vi) commit fraud; (vii) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (viii) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; (ix) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; (x) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (xi) send or receive material containing defamatory, false, or libelous material; (xii) send, receive, download or print any material, audio, video or otherwise, that infringes or violates any intellectual property rights, or other right, of any entity or person, including, without limitation, copyrights, patents and/or trademarks, laws governing trade secrets, rights to privacy, or publicity; (xiii) send or receive any material that you do not have a right to make available under law, contractually (for example, it was not paid for) or under fiduciary relationships; (xiv) engage in conduct that would expose Panera or its service providers to civil or criminal liability; or (xv) assist others in engaging in Prohibited Conduct. This list of Prohibited Conduct is meant to serve as examples of prohibited conduct and is not intended to be and should not be construed to be exhaustive. Pilot Flying J requires and expects that you will be a good Internet citizen and use good judgment when using this Service.
You agree to indemnify, defend, and hold harmless Pilot Flying J, the Third Party Provider and their respective affiliates, officers, directors, shareholders and employees, from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of or resulting from your breach of any provision of this Agreement or any warranty or promise you provide herein, or otherwise arising in any way out of your use of the Service, including, but not limited to, using the Service for Prohibited Conduct. Pilot Flying J reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Pilot Flying J and/or the Third Party Provider in asserting any available defenses.
Without limiting any other available right or remedy, Pilot Flying J and the Third Party Provider reserve the right to, and you agree that Pilot Flying J and/or the Third Party Provider shall have the right to: (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of the Service and to otherwise protect its interests (e.g., removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (ii) investigate and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving this Service. You agree that you will be liable to Pilot Flying J and the Third Party Provider for any damages incurred or amounts that are required to be paid by Panera and/or the Third Party Provider that arise out of, or are related to, your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees and costs of enforcement.
Although privacy and security are important to Pilot Flying J and the Third Party Provider, you understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet in general and you acknowledge that Pilot Flying J and the Third Party Provider make no assurances that your communications, or activities while using the Services, will be (or will remain) private or secure, and you further agree that Pilot Flying J and the Third Party Provider assume no responsibility in that regard. You agree that you, and not Pilot Flying J or the Third Party Provider, are solely responsible for your own privacy and security in using this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems.
(a) YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO GUESTS OF THIS TRAVEL CENTER, "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". YOU FURTHER ACKNOWLEDGE AND AGREE THAT PILOT FLYING J AND THE THIRD PARTY PROVIDER DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) NON-INFRINGEMENT, (iv) WORKMANLIKE EFFORT, (v) QUALITY, (vi) ACCURACY, (vii) TIMELINESS, (viii) COMPLETENESS, (ix) TITLE, (x) QUIET ENJOYMENT, (xi) NO ENCUMBRANCES, (xii) NO LIENS, (xiii) SYSTEM INTEGRATION OR (xiv) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF PANERA IS ON NOTICE OF SUCH PROBLEMS. YOU FURTHER AGREE AND UNDERSTAND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY PILOT FLYING J, THE THIRD PARTY PROVIDER OR THEIR RESPECTIVE EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY, GUARANTY, PROMISE, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.
(b) The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk of use of the Services and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. Pilot Flying J or the Third Party Provider may, but need not, provide screening of certain materials. Software products that enable screening of particular materials and information are commercially available and widely advertised in public media, including on the Internet.
(a) YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED AS A GUEST PRIVILEGE, SOLELY FOR CONVENIENCE, AND USE OF THE SERVICE DOES NOT IMPOSE LIABILITY OF ANY KIND (OR IN ANY AMOUNT) ON PILOT FLYING J OR THE THIRD PARTY PROVIDER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SERVICE EVEN IF PILOT FLYING J OR ITS THIRD PARTY PROVIDER IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
(b) YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF PILOT FLYING J AND ITS THIRD PARTY PROVIDER, ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND THE USE OF THE SERVICE SHALL NOT EXCEED THE LESSER OF (I) YOUR DIRECT DAMAGES (IF ANY), OR (II) FIFTY DOLLARS ($50.00).
(c) YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (i) BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, OR (ii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.
You agree that Pilot Flying J or the Third Party Provider may, at any time and for whatever reason change, terminate, limit or suspend the Service (in whole or in part) or your access to the Service. Upon any termination, your rights to use the Service will immediately cease. Pilot Flying J also reserves the right to update or revise this Agreement at any time without prior notice, and you agree that Pilot Flying J may do so, and agree that you will read, review and acknowledge this Agreement prior to each and every use of the Service. Notwithstanding the foregoing sentence, your continued use of the Service following an update to this Agreement signifies your acceptance of its revised terms.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Pilot Flying J with the following information:
Send to: Pilot Flying J, 5508 Lonas Drive, Knoxville, TN 37909
You agree that: this Agreement and your use of the Service shall be governed by (i) the laws of the State of Tennessee, without regard to conflicts of laws principles (if you obtain this Service within the United States), or (ii) the laws of Ontario, Canada, without regard to conflict of laws principles (if you obtain this Service within Ontario, Canada), and Pilot Flying J and/or its Third Party Provider, shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be (i) the federal and state courts in the State of Tennessee in Knox County (if you obtain this Service within the United States) or (ii) the courts in Ontario, Canada (if you obtain this Service within Ontario, Canada), and you agree that such courts will have personal jurisdiction over you in such matters through your use of the Service. You agree that this Agreement is solely between you and Pilot Flying J. You agree that any action you bring that arises from, or relates to, the Service must be initiated within one year from the relevant date of your access to the Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, then such provision(s) will be ineffective to the extent of such determination, and such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions of this Agreement and/or the spirit of this Agreement and the remainder of this Agreement will continue and shall remain in full force and legal effect. You agree that this Agreement constitutes the entire agreement between you and Pilot Flying J regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Pilot Flying J regarding its subject matter. You expressly consent to the rendering of this Agreement in English. Vous consentez expressément au rendu de cet accord en anglais.