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Terms and Conditions

Flying J High sign

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 SFJ Inc., collectively referred to as "PTC") allowing you to use any software application, whether tablet, smartphone or other app (including its contents and services) (the “App”), online or mobile website, wifi-access, MyRewards® Program, or Prime Parking Program ( including all of their respective content and services) (collectively be referred to “Electronic Platform”) and the services provided by and related to the Electronic Platform, you agree to be bound by the terms and conditions (“Terms of Use”) of this Agreement (the "Agreement"). 

You acknowledge and agree that you are 18 years of age or older, and that clicking the "I Accept" box at the bottom of this Agreement has the same effect as manually signing this Agreement with PTC and creates a valid and binding contract between you and PTC. You must read all of the Terms of Use as set forth herein prior to accessing or using any PTC Electronic Platform. Your continued use of the Electronic Platform constitutes a continuing acceptance of this Agreement as it may be revised from time to time in PTC's sole discretion and without notice to you. This Agreement will be accessible from thewww.pilotflyingj.com/terms-and-conditions, and it is your responsibility to check this Agreement each time before you use the Electronic Platform for any revisions.

Use of the Electronic Platform

The Electronic Platform is the property of PTC, its licensors, dealers, vendors and contractors. You are granted a non-exclusive, revocable, and non-transferable limited license to view and use the Electronic Platform provided (a) it is used only for informational, personal, non-commercial purposes, and (b) you do not remove or obscure any copyright notice or other notices found within the Electronic Platform. You do not have the right to sublicense your rights under this Agreement. 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 Electronic Platform; (ii) to reproduce any part of the Electronic Platform or mirror any material contained within the Electronic Platform on any other server or application; or (iii) to link to or from the Electronic Platform.  By clicking “I Accept” you agree to comply with these Terms of Use.

PTC reserves the right, at its sole discretion, to deny access to the Electronic Platform or to take any other appropriate action if it believes that your conduct is in violation of applicable law or this Agreement, or for any other reason.

Access

In order to access some of the features in the Electronic Platform, you may have to create an account.  You many never use another’s account without permission.  When creating your account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs with respect to any account you create and you must keep any associated password secure.  If you suspect a breach of security or unauthorized access to any account, you must notify PTC.  As set forth herein, although PTC will not be liable for any loss caused by unauthorized access, you be liable for the losses of PTC or others for such unauthorized use. 

Computational Resources

As consideration for your right to access and use the Electronic Platform, you agree that PTC has the right to utilize the processor, bandwidth and storage hardware on any computer, smartphone, or other relevant device that you use to access or use the App for the purpose of facilitating the communication and transmission of content and other data or features to or from you and/or PTC and/or other users of the App. As additional consideration, you also agree to release PTC and indemnify PTC from any claims, actions, demands, costs, damages, liabilities and settlements related in any way to PTC's utilization of the processor, bandwidth and storage hardware on any computer, smartphone, or other relevant device that you use to access and use the App.

You agree not to use or launch any automated systems, including, but not limited to “robots,” “spiders,” offline readers” etc. that accesses that accesses the websites or Apps or any part of the Electronic Platform in a manner that sends more request messages to PTC servers in a given period than a human can reasonably produce in the same period using on-line web browsing.  Notwithstanding the foregoing, PTC grants the operators of public search engines permission to use spiders to copy materials from its website(s) for the sole purpose of creating publically searchable indices of the materials, but not caches or archives of such materials. 

Product and Service Representation

The Electronic Platform may contain general information related to PTC travel center locations, daily fuel prices and amenities/accommodations (restaurants, number of parking spaces, number of diesel lanes, number of RV lanes, diesel exhaust fluid (DEF) availability and number of DEF lanes) available at each PTC travel center location, coupons and special offers, information related to points earned by participants in any of PTC's loyalty programs, links to and information from the PTC website and social media profiles, and an interactive customer service forum that will allow PTC customers to evaluate PTC travel centers that they visit. PTC makes no warranties, representations or guarantees that such information is accurate or that any service or product referenced in the material found in the Electronic Platform will be available at a specific time or at a certain store location. Availability of the 3 cents gas discount to holders of the App is subject to federal, state and local law.  Such discount is void where prohibited by law. 

Links to Other Websites or Applications

PTC may provide links to third party websites or other applications on the Electronic Platform from time to time. These links are provided as a convenience to you and other users of the Electronic Platform and the inclusion of any such link does not constitute an endorsement by PTC of the use of or content on such other websites or applications. 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 websites and/or applications and all use is at your own risk. PTC makes no warranty or representation and disclaims any liability related to any linked websites or applications and/or their content, and PTC is not responsible for the terms of use or privacy practices of such other websites or applications. You should review the privacy and terms of use for each third party website or application and confirm they are acceptable prior to registration on or use of the third party website or application.

Prohibited Use of the Electronic Platform

As an express condition of your use of the Electronic Platform, you explicitly agree not to use this Electronic Platform for any purpose that is unlawful or prohibited by this Agreement. Also, you agree not to use the Electronic Platform in any way that could damage, disable, overburden, or impair the Electronic Platform, 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 Electronic Platform.  Finally, you agree not to use the Electronic Platform to attempt to gain a competitive advantage over PTC.

Trademarks

PILOT TRAVEL CENTERS, PTC, PILOT, PILOT CORPORATION, FLYING J, PILOT FLYING J, FREQUENT FUELER ADVANTAGE, CRAZEE ABOUT COFFEE, PRIME PARKING, MYREWARDS, MYPILOT 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 Electronic Platform 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 may use trademarks, service marks, logos, graphics, designs, names, and the like from third parties for display on the Electronic Platform. Such posting is done with the permission of these third parties, and such material is to be considered the exclusive property of the respective third parties.

Copyrights

All software and content included on the Electronic Platform, 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 Electronic Platform in connection with your use of the Electronic Platform. Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the Electronic Platform 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 Electronic Platform. The posting of information or materials on the Electronic Platform 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 Electronic Platform 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 an authorized representative of PTC.

Disclaimer

THE ELECTRONIC PLATFORM IS PROVIDED BY PTC ON AN "AS IS" "WHERE IS" AND "AS AVAILABLE" BASIS. USERS OF THE ELECTRONIC APP ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE ELECTRONIC PLATFORM. PTC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE ELECTRONIC PLATFORM, THAT THE USE OF THE ELECTRONIC PLATFORM WILL MEET YOUR REQUIREMENTS/EXPECTATIONS OR THAT THE INFORMATION IS ACCURATE OR RELIABLE. TO THE FULLEST 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 USE OR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. PTC MAKES NO WARRANTIES THAT THE USE OF THE ELECTRONIC PLATFORM OR SERVICES AVAILABLE ON THE ELECTRONIC PLATFORM WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

IN ADDITION, PTC DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE ELECTRONIC PLATFORM OR ANY HYPERLINKED WEBSITE FOUND ON THE ELECTRONIC PLATFORM OR FEATURED IN ANY BANNER OR ADVERTISEMENT WITHIN THE ELECTRONIC PLATFORM. CONSEQUENTLY, PTC WILL NOT BE LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ELECTRONIC PLATFORM 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 ELECTRONIC PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

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'S PRIVACY POLICY, YOUR USE OF THE ELECTRONIC PLATFORM, 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, PERSONAL INJURY, 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 ELECTRONIC PLATFORM OR SERVICES AVAILABLE ON THE ELECTRONIC PLATFORM, THE UNAVAILABILITY OF THE ELECTRONIC PLATFORM, 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COLLECTIVE PTC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ELECTRONIC PLATFORM OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ELECTRONIC PLATFORM AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ELECTRONIC PLATFORM.  YOU AND PTC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING.  EACH PARTY FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLED OR INCREASED.  

THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PTC. THE ELECTRONIC PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Privacy

The Electronic Platform may use, maintain, or transmit certain of your personal information, including, without limitation, your name, location, location history, purchasing patterns and other behavioral patterns, and your use of the Electronic Platform.  By using the Electronic Platform, you consent to the transmission of such information to PTC and consent to PTC's receiving, collecting, storing, processing, transmitting, and using such information for the Electronic Platform functionality and for its internal business purposes, including, without limitation, business analytics, sales, and marketing.  PTC will not sell or otherwise provide such information to third parties.   PTC reserves the right to sell or otherwise provide anonymized information to third parties.  PTC's receipt of your physical location/coordinates may be possible through the use of the global positioning system (GPS) found on any computer, smartphone, or other relevant device used by you to access or use the Electronic Platform. You hereby consent to PTC's tracking of your location for the uses described above. In the event you want to revoke such consent, it is your obligation to turn off any GPS capability that your computer, smartphone, or other relevant device may have or uninstall the Electronic Platform from the computer, smartphone, or other device that the Electronic Platform was downloaded to. As long as the Electronic Platform is installed on your computer, smartphone, or other relevant device used to access and use the Electronic Platform, and even though you may not be using the Electronic Platform at a certain point in time, you understand that it is possible that PTC could still track your physical location if the GPS of your computer, smartphone or other device is turned on.

To operate the Electronic Platform, PTC may also automatically upload information about your computer, smartphone, or other relevant device used to access or use the Electronic Platform, your use of the Electronic Platform, and performance of the Electronic Platform. 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 Electronic Platform; 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 Electronic Platform is for the benefit of PTC and its customers. PTC retains the right to block or otherwise prevent access to the Electronic Platform as part of its efforts to protect the Electronic Platform, protect its customers, or stop a third party from breaching this Agreement. The technology or other means PTC uses may hinder or break your use of the Electronic Platform.

Jurisdiction

You expressly agree that exclusive jurisdiction of any dispute with PTC, or in any way relating to your use of the Electronic Platform, 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 THE ELECTRONIC PLATFORM, 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). BY YOUR USE OF THE ELECTRONIC PLATFORM, YOU ALSO HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST PTC FOR CLAIMS DIRECTLY OR INDIRECTY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHE THEORY).

Assignment

You may not assign your use of the Electronic Platform. PTC may assign this Agreement or any part of it to any third party, without reservation, and in PTC's sole discretion.

Miscellaneous

The Electronic Platform and these Terms of Use may be changed by PTC at any time and in PTC's sole discretion, with or without notice to you. Any modifications to this Agreement will be effective immediately upon posting any revised version of this Agreement on the Electronic Platform. It is your responsibility to review the Agreement each time you use the Electronic Platform so that you are aware of any modifications made. Usage of the Electronic Platform means you accept the then current form of the Terms of Use Agreement for the Electronic Platform. 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 Electronic Platform, the content, products, or services provided by or through the Electronic Platform. 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. Should any provision of this Agreement be deemed invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement.

By accessing or otherwise using this Electronic Platform you agree to be bound by the terms and conditions set forth herein.  If you do not agree to these terms and conditions, you should stop using the Electronic Platform immediately.

Terms Specific to the Software Application (including its content and services, the “App”)

In addition to the Terms of Use, the following additional terms apply to your use of the App.  Should any of these terms conflict, the specific terms below shall trump the general Terms of Use.

Customer Service

If you have any questions concerning the App, please call 1-877-866-7378.

Access to the App

Your use of the App may be inadvertently temporarily interrupted from time to time. PTC hereby reserves the right at any time and from time to time to temporarily or permanently modify or discontinue certain functions and/or features of the App, or the App in its entirety, without notice to you.

SMS, MMS or Push Notification Messaging

By using the App, you agree that PTC may communicate with you via SMS, MMS, or via push notifications. 

By electing to subscribe to marketing messages on shortcode 26494, you consent to receiving SMS messages using automated technology. Messages from shortcode 26494 may include myOffers alerts, account information, sweepstakes information, weather alerts, and special promotions from PTC. You can unsubscribe at any time from all messages on this shortcode by sending STOP to 26494. You can text HELP to shortcode 26494 at any time for customer support information, opt-out information, and additional carrier costs. Send JOIN to 26494 to subscribe to SMS messages from PTC.

Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Texts may be sent using an automatic telephone dialing system.

Msg&Data Rates May Apply. Your carrier's standard messaging rates apply to your entry or submission message, our confirmation, and all subsequent SMS correspondence. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All charges are billed by and payable to your mobile service provider. You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges.

Customer Service Contact Information: For more info, call (877) 866-7378 or visit www.pilotflyingj.com/contactus/. 

For myOffers alerts text messages, you will receive no more than 8 messages/month. These messages will be recurring until you choose to quit receiving them by texting STOP to 26494.

The service is available only in the United States.

Supported Carriers: Including, but not limited to, AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile.

T-Mobile is not liable for delayed or undelivered messages.

Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.

The Privacy terms above apply. 

Terms Specific to MyRewards® Program

In addition to the Terms of Use, the following additional terms apply to your participation in the MyRewards® Program (“MyRewards® Terms”).   Should any of these terms conflict, the specific terms below shall trump the general Terms of Use.

PTC reserves the right to modify or amend these MyRewards® Terms at any time by posting updated Terms at myrewards.pilotflyingj.com. and/or by amending these Terms of Use.  By using your MyRewards® Card, you agree to these terms and conditions, as amended. You are responsible for monitoring any changes or modifications to these MyRewards® Terms.

Program Overview

Pilot Flying J MyRewards® Loyalty Program is a program where Members can earn and obtain specific deals, discounts and sweepstakes based upon the type of card he or she possesses. MyRewards® Cards are available at participating PTC stores.  A list of participating travel centers and restaurants can be found at www.pilotflyingj.com/locations (collectively “PTC Locations”). All MyRewards® Cards must be activated and registered by (a) a PTC Location employee at the cash register, (b) by the customer at the PTC kiosk, (c) PTC’s Mobile app or (c) online at www.myrewards.pilotflyingj.com before members can earn or obtain deals and discounts. Members must use a valid name, street address or P.O. Box, apartment number, city, state or province, ZIP or Postal Code, telephone number including area code, email and date of birth.  Providing fictitious, incorrect or false information may result in termination of the Member’s account and forfeiture of all existing benefits of the MyRewards® program.

Each household is allowed only one account (“Household Account”).  A Household Account is comprised of customers in the immediate family and can have more than one card but each card will be joined to the same account through the registration process, dependent on the customer’s phone number. Multiple cards under the same Household Account will be linked together and all cardholders will share the same rewards and account balances.  Each account has a maximum of 5 cards that can be activated and joined to the same Household Account at one time.  PTC will not be liable or responsible for any use of MyRewards® benefits in connection with a Household Account by the different cardholders. Members assume the risk of any and all Household Accounts and activation of additional cards under the Household Account.

By participating in the MyRewards® Program, the Member agrees to abide by these MyRewards®  Terms and the general Terms of Use , as amended from time to time, with or without notice. The changes to the MyRewards® Terms may include but are not limited to changes in earning/using MyRewards® Points, participating locations, alterations or discontinuation of deals and discounts, continued availability of MyRewards® sweepstakes, requirements of participation, expiration dates, reduction in the value of MyRewards® Points or shower credits, and/or forfeiture of unused MyRewards® Points and benefits.  PTC reserves the right to change, limit, modify, decrease or cancel rewards and reward levels at any time with or without notice.

Each Member agrees to hold PTC harmless and waive any damages or claims against PTC which are associated with any change, limit, modifications, decrease or cancellation of rewards and reward levels. Each Member acknowledges and agrees that MyRewards® points have no cash value.

By registering in the MyRewards® Program, each Member hereby consents to PTC’s collection and use of each Member’s information in connection with the MyRewards® Program. EACH MEMBER ALSO CONSENTS TO PTC’S ABILITY TO SHARE THE MEMBER’S INFORMATION WITH PTC’S PARTNERS, VENDORS, SUPPLIERS AND AFFILIATES. If you do not wish to have your information shared, please visit http://MyRewards.PilotFlyingJ.com/DoNotShareMyInfo and follow the instructions.  

Each Member also consents and acknowledges that PTC, in its sole discretion, will resolve any and all questions/disputes regarding the MyRewards®Program, including but not limited to eligibility, benefits and rewards. MyRewards® Points and awards are not redeemable for diesel fuel, gasoline, beer, alcohol, tobacco products, e-cigarettes, gratuities, cash or cash equivalents, gift cards, Western Union transactions, Pegasus transactions, prepaid cards, lottery tickets, scale fees, or casino credits. MyRewards® Points may not be transferred, purchased, sold, or bartered.

Membership

Any PTC customer, 18 years of age or older, may participate in the MyRewards® Program (“Member”). Team members of PTC and its affiliates are also eligible and may possess a Preferred Customer MyRewards® Card.  However, team members and immediate family to or household members of team members may not qualify for sweepstakes contests.

PTC reserves the right to determine eligibility for membership and the right to terminate a Member’s membership at any time, with or without reason, with or without notice. The MyRewards® Program is a privilege and is not an entitlement program and there are no third party beneficiaries to the MyRewards® Program.

Professional Driver Programs

Earning My Rewards Points

Members earn MyRewards® Points at participating PTC Locations.  In order to receive MyRewards® Points, a Member’s Professional Driver MyRewards®account must be accessed by presenting the Member’s card, using the Member’s phone number or the barcode on the mobile application at the time of purchase.  MyRewards® Points will not be issued for purchases made if the account is not accessed at the time of purchase, and no MyRewards® Points will be given for purchases if the account is accessed after the purchase. When paying for fuel at the pump: (a) the card must be swiped, (b) account number or phone number inputted when prompted at the appropriate time at the pump or (c) PTC’s mobile app with MyRewards® Information must be used in order to earn MyRewards® Points. MyRewards® Points are only earned for purchases/transactions that are made at PTC Locations and which are paid for in full. Points are awarded for purchases of diesel fuel, diesel exhaust fluid, and liquid natural gas. PTC reserves the right to reduce or eliminate MyRewards® Point balances, in its sole discretion, due to failure to follow these Terms and Conditions, misuse of the program, failure to pay for Member’s purchases in full, inactivity by the Member or for any other reason determined by PTC in its sole discretion. PTC further reserves the right to cancel and restrict future membership in the MyRewards® Program for any or no reason at all.

Vendor partners or affiliates of PTC may periodically offer Members the opportunity to gain additional MyRewards® Points, special offers or incentives on the Member’s Household Account when making purchases of specified goods or services during specified promotional time periods at participating PTC Locations.  The vendor partner or affiliate will specify the special offer for qualifying purchases at the PTC Locations. The individual purchase requirements will be posted on the Kiosk or through other promotional materials.  In addition, PTC, its vendor partners or affiliates may periodically offer Members the opportunity to add, double or multiply the number of MyRewards® Points earned when making purchases of specified goods or services during specific promotional time periods.  You agree to hold PTC harmless from any promotions, special offers, or other opportunities offered by PTC’s vendors, partners or suppliers.

Redeeming MyRewards® Points

MyRewards® Points and other benefits can be redeemed by presenting the MyRewards® Card at the Kiosk or the Cashier’s Desk. PTC is not responsible for any lost or stolen Cards or MyRewards® Points. MyRewards® Points and other benefits cannot be credited back to an account if they are lost or stolen. Please actively review your account and immediately notify PTC of any discrepancies discovered.

You are responsible for any applicable taxes on the receipt of all applicable purchases made using MyRewards® Points or other benefits.  MyRewards®Points and other benefits are not redeemable for cash or cash equivalents, and are not transferable. Items purchased with MyRewards® Points or benefits may be returned for exchange only within thirty (30) days from date of purchase (i.e. no cash refunds). Items which are not returnable pursuant to PTC return policies are excluded from this thirty (30) day period and cannot be returned under any circumstances.

Rewards are subject to availability and subject to change, with or without notice and for any reason. PTC is not responsible, and assumes no liability, for changes or discontinuances of rewards or the availability of such rewards. There may be separate rules governing the awarding and redeeming of MyRewards® Points through other retailers or consumer product companies, if applicable. In addition, some states prohibit the award or redemption of MyRewards® Points. PTC and Member each agree to follow all applicable state, federal and local laws.

Availability of the 3 cent gas discount is subject to federal, state and local law.  Such discount is void where prohibited by law.  

Monthly Bonus Reward Program

The Monthly Bonus Reward program is a special promotional program that will be tested for a limited time. This program is in addition to PTC’s other programs and is an added benefit to Member. PTC retains sole discretion to terminate or change the Monthly Bonus Reward program, at any time, with or without notice. Acceptance into the Monthly Bonus Reward program is not guaranteed and not all Members will qualify for the program. By agreeing to these Terms and Conditions and participation in either program, Member acknowledges and agrees that the rewards received by Member will be tailored solely to the Member’s Household Account and will have no bearing on any other Household Account. Any terms and conditions pertaining to earning, redeeming and rules and regulations for the MyRewards® Points also apply to rewards earned though either program.

To earn rewards in the Monthly Bonus Reward program the customer must meet or exceed their monthly gallon fueling target in each calendar month. The Monthly Bonus Reward program requires purchasing diesel fuel with your loyalty card from any PTC Location from the first of the calendar month until the end of the same calendar month. If a Member purchases the exact or more than its target number of gallons in a calendar month, the Member may receive a reward to be determined at PTC’s sole discretion. If Member receives a reward, his or her reward will be loaded on the Member’s card in the form of the correct corresponding point value stated. Member cannot roll-over extra gallons of fuel purchases to the next calendar month. The next calendar month, if Member is selected to participate in the program, Member will receive a monthly fueling gallon target. The Member’s monthly calendar gallons purchased start at zero on the first day of each calendar month.

Shower Credits

Each person who presents an active Professional Driver or RV MyRewards® Card will receive the following shower credits prior to the use of a shower:

50 gallons or more in a single purchase of gas or diesel fuel = 1 free shower credit good for 10 days

14 to 49 gallons in a single purchase of gas or diesel fuel = 0.5 free shower credit good for 10 days

Those active Members in the MyRewards® program who fuel over 1,000 gallons in a calendar month will be included in Shower Power. Members with Shower Power will receive two showers per day for the remainder of the month and the entire next calendar month.

Expiration of My Rewards Points/ Lost or Stolen Cards

If a Member’s card remains inactive for a period of four (4) calendar months, as permitted by law, the Member will lose 250 MyRewards® Points per month starting on the first (1st) day of the fifth (5th) calendar month. As permitted by law, the Member will continue to lose 250 My Rewards Points on the first (1st) of each subsequent month for each month of inactivity.  Once the card has been inactive for (12) calendar months, all points will be deducted from the account, as permitted by law. These MyRewards® Points are charged as a maintenance fee for inactive use. If a Member’s Card is lost or stolen, please immediately contact customer service at 1-877-866- 7378.  Please note that for security reasons, PTC customer service is not permitted to provide account numbers over the phone.  Lost or stolen cards will be de-activated and all remaining MyRewards® Points on the lost or stolen card at the time the report is made to PTC customer service will be credited to a new Card. When transferring to a new Card as a result of a lost or stolen Card, you will be required to verify certain account information. An account balance transfer to a new Card will not be issued unless proof of identity is confirmed. PTC reserves the right to charge a fee for replacement Cards.

Pump Start  – Professional Driver

The Pump Start option is a benefit that PTC gives to qualified Members which allows the Member to start a dispensing pump directly from their MyRewards® card. A customer must be a registered MyRewards® card holder who has fully registered their card and provided a valid driver’s license to PTC Store Personnel, which will be kept on file. To qualify for this program, the Member must be a professional driver who fuels at least 500 gallons per month prior to earning the ability to Pump Start. PTC retains the right to qualify or not qualify any individual. In addition, PTC may discontinue the Pump Start feature from any Member at any time with or without notice. Separate Terms and Conditions may also apply to the Pump Start Program. Please ask your account representative for more details.

Pilot Flying J Good Sam RV PLUS Card Program

The Pilot Flying J Good Sam RV Plus Card Program is a loyalty program built in partnership with Good Sam, the loyalty program at Camping World. RV Customers must register with Good Sam to receive benefits in the Pilot Flying J Good Sam RV PLUS Program. All terms and conditions pertaining to the My Rewards Program also pertain to the Pilot Flying J Good Sam RV PLUS program. The Pilot Flying J Good Sam RV PLUS Program is not eligible for all benefits and PTC reserves the right to change or discontinue parts of the program without notice. The key benefits to the Pilot Flying J Good Sam RV PLUS Customer are discounts on petroleum products at the pump and in-store deal. Separate Terms and Conditions may also apply to the Pilot Flying J Good Sam RV Plus Card Program. Please ask your account representative for more details.

Pump Start  - RV

The Pump Start RV option is a benefit that PTC gives to qualified customers which allows the customer to start a dispensing pump directly from their loyalty card. A customer must be a registered loyalty card holder who has fully registered their card. PTC retains the right to qualify or not qualify any individual. In addition, PTC may discontinue the Pump Start feature from any loyalty card owner at any time without notice. Separate Terms and Conditions may also apply to the Pump Start Program. Please ask your account representative for more details.

Preferred Customer Program

The Preferred Customer MyRewards® Program is a loyalty program available for all PTC Customers. Preferred Customers must be registered to receive benefits in the MyRewards® Program. All terms and conditions pertaining to the MyRewards® Program also pertain to the Preferred Customer Program. The Preferred Customer Program is not eligible for all benefits and PTC reserves the right to change or discontinue parts of the program without notice. The key benefit to the Preferred Customer is the in-store and restaurant deals and discounts. Separate Terms and Conditions may also apply to the MyRewards® Preferred Customer Program. Please ask your account representative for more details.

PTC provides the MyRewards® Program, its materials, and other services and products "As Is, Where Is and With All Faults." PTC, to the fullest extent permitted by applicable law, disclaims any and all representations or warranties of any kind, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.  PTC disclaims and Member agrees to waive and hold PTC harmless from all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this MyRewards®Program, including but not limited to technical inaccuracies and typographical errors, (b) the unavailability of this MyRewards® Program or any portion thereof, and (c) Member’s use of the MyRewards® Program. Under no circumstances will PTC be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use and membership of the MyRewards® Program or any such other products or services, even if PTC has been advised of the possibility of such damages. For purposes of this section "PTC" means Pilot Travel Centers LLC, its affiliates, and any officer, director, employee, subcontractor, agent, successor, parent company or assign of any of them.

The MyRewards® Program and Member’s participation herein is subject to all applicable laws and regulations. Rewards and advantages may be subject to income or other taxes. Such taxes and all disclosures related thereto are Member’s sole responsibility. PTC shall not be responsible for correspondence lost or delayed or unpaid taxes, fees, fines or penalties. PTC is not responsible for, and reserves the right to correct any pricing or typographical errors, errors of description, or errors regarding offers or MyRewards® Points.

If PTC or its affiliates improperly deny a member MyRewards® Points or some other benefit, your exclusive remedy shall be the issuance of the improperly denied credit, award or benefit if available, or such other comparable alternative, determined in the sole discretion of PTC.

PTC reserves the right to correct any MyRewards® Points value or other benefit granted in error. PTC is not responsible for late, lost, incomplete, or misdirected entry information or communications; computer system, phone line, electronic equipment, computer hardware, software or MyRewards®malfunctions, or other errors; failures or delays in computer transmissions or network connections; or for any other technical problems.  PTC is not responsible for incorrect or inaccurate entry information, whether caused by Members or by any of the equipment or associated with or utilized in the reward, or by any technical or human error which may occur in the processing of MyRewards® Points and account information.

These Terms of Use incorporate by reference any notices contained herein and constitute the entire agreement with respect to your use, access and benefit of this MyRewards® Program. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.  You agree to indemnify, defend, and hold harmless PTC from and against any and all liabilities, costs, damages and expenses, including reasonable attorneys’ fees, resulting from your actions hereunder, including, but not limited to, the following: (i) breach of any provision in this Agreement; or (ii) unauthorized or illegal acts.

Any communication or other information sent to PTC via electronic mail or otherwise in connection with Member’s use of this MyRewards® Program, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by PTC for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to PTC.  Provided however, social security numbers, driver’s license, CLM number or date of birth will be treated as confidential and not sold to any third party. PTC does reserve the right to use a customer’s information for its own or its vendors’ marketing purposes.

Please note, the MyRewards® Program may contain references or cross references to PTC products and services that are not available in every state, country or even to every person. In such an event, the MyRewards® Program will be void where prohibited.

Terms Specific to Prime Parking

In addition to the Terms of Use, the following additional terms apply to your use of Prime Parking.  Should any of these terms conflict, the specific terms below shall trump the general Terms of Use.

  1. Guest must be a Pilot Travel Centers LLC ("PTC") loyalty member to be able to create or edit Prime Parking reservations. Visit https://myrewards.pilotflyingj.com/ to become a member of the PTC loyalty program.
  2. Parking reservations start at 4pm on the day of reservation until 3pm the next calendar day. Window tag must be visible in the driver-side window at all times.
  3. Travel Center Managers must be notified if a guest plans on departing and returning before the end of the reserved time, or the space will be considered available for resale.
  4. To edit a reservation please contact Guest Services at 1-877-866-7378. Reservations can be canceled at any time, but will only be eligible for refunds if canceled prior to 12 pm on the check-in date (times are local to the reservation site).
  5. No dropped trailers are allowed. Vehicles occupying more than one space must reserve the quantity of spaces they occupy. PTC has the right to cancel any reservation that does not meet this requirement.
  6. Reservations merely permit the driver to use spaces for parking during reserved paid time. Vehicles left without proper reservations or remaining in parking spaces after expiration of time, may be impounded or towed away with or without notification, at the guest's sole cost and expense. You agree to abide by all applicable laws and regulations and PTC policies and procedures while parked on PTC's owned or leased property.
  7. YOU AGREE TO PARK AT YOUR OWN RISK. PTC IS NOT LIABLE FOR ANY FIRE, LOST, DAMAGED OR STOLEN VEHICLES, TRAILERS, CARGO, CONTENT OR PERSONAL PROPERTY. BY USING THIS SERVICE, YOU AGREE TO WAIVE AND HOLD PTC HARMLESS FROM ANY AND ALL RIGHTS OF CLAIMS, DAMAGES, EXPENSES OR LIABILITY AGAINST PTC, THIS INCLUDES ANY CLAIMS THAT CAN BE BROUGHT BY YOU OR THOSE ON YOUR BEHALF. YOUR RELEASE SHALL BE ENFORCED WITHOUT REGARD TO THE ACTUAL OR ALLEGED NEGLIGENCE OR OTHER FAULT OF PTC, IT BEING YOUR EXPRESS INTENTION TO RELEASE PTC FOR THE CONSEQUENCE OF YOUR OWN ACTUAL OR ALLEGED NEGLIGENCE FAULT OF PTC OR OTHER FAULT RELATED TO THE OPERATION OF THIS PARKING LOT. YOU AGREE PTC'S MAXIMUM LIABILITY WILL BE LIMITED TO THE PRICE OF THE RESERVATION.
  8. You agree to comply with all applicable laws and regulations while parked on PTC property.

WIFI TERMS OF USE AGREEMENT

In addition to the Terms of Use, the following additional terms (“WIFI Terms”) apply to and govern the access and use and your access to and use of this WIFI Service (this or the "Service") while at Pilot Flying J Travel Centers throughout North America (“Travel Center”).  Only current guests of this Travel Center may use the Service (“WIFI Agreement”). To the extent there is any conflict with these specific terms related to WIFI use and the terms and conditions set forth herein, the more specific shall control. 

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 THE WIFI TERMS, 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 THE WIFI , 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 WIFI Agreement and to consent to the WIFI Terms (i.e., that you are of sufficient age and mental capacity, or are otherwise entitled to be legally bound in contract) and accept this WIFI Agreement and WIFI Terms 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 WIFI Agreement is for the joint and several benefit of PTC and all of its affiliates, lessees and any of their respective service providers (hereinafter collectively "PTC") and PTC shall have the right to enforce the terms of this WIFI Agreement. "Third Party Provider" means the third party provider of PTC providing the Service.

1. CONSENT TO MONITORING.

PTC AND THE THIRD PARTY PROVIDER RESERVE THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT, THAT PTC 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. PTC 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 WIFI AGREEMENT, APPLICABLE LAW, IN COOPERATION WITH LEGAL AUTHORITIES, AND AS OTHERWISE REQUIRED TO PROTECT PTC’S AND THE THIRD PARTY PROVIDER’S RIGHTS, PROPERTY AND INTERESTS.

2. USE OF THIS SERVICE.

(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 PTC 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. PTC requires and expects that you will be a good Internet citizen and use good judgment when using this Service.

3. INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless PTC, 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 WIFI 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. PTC 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 PTC and/or the Third Party Provider in asserting any available defenses.

4. CONSEQUENCES OF UNAUTHORIZED USE.

Without limiting any other available right or remedy, PTC and the Third Party Provider reserve the right to, and you agree that PTC 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 WIFI 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 PTC and the Third Party Provider for any damages incurred or amounts that are required to be paid by PTC and/or the Third Party Provider that arise out of, or are related to, your violation of this WIFI Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees and costs of enforcement.

5. YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY.

Although privacy and security are important to PTC 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 PTC 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 PTC and the Third Party Provider assume no responsibility in that regard. You agree that you, and not PTC 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.

 6. DISCLAIMER OF WARRANTY.

(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 PTC 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 PTC IS ON NOTICE OF SUCH PROBLEMS. YOU FURTHER AGREE AND UNDERSTAND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS WIFI AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY PTC, 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. PTC 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.

7. LIMITATION OF PTC'S AND THE THIRD PARTY PROVIDER’S LIABILITY.

(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 PTC 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 WIFI AGREEMENT OR THIS SERVICE EVEN IF PTC 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 PTC AND ITS THIRD PARTY PROVIDER, ARISING OUT OF, OR RELATED TO, THIS WIFI 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.

8. TERMINATION OF SERVICE; UPDATES TO THIS WIFI AGREEMENT.

You agree that PTC 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. PTC also reserves the right to update or revise this WIFI Agreement at any time without prior notice, and you agree that PTC may do so, and agree that you will read, review and acknowledge this WIFI 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 WIFI Agreement signifies your acceptance of its revised terms.

 9. NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE.

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 PTC with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 

Send to: Pilot Flying J, 5508 Lonas Drive, Knoxville, TN 37909

 10. MISCELLANEOUS.

You agree that: this WIFI 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 PTC 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 WIFI Agreement is solely between you and PTC. 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 WIFI 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 WIFI Agreement shall not invalidate the remaining portions of this WIFI Agreement and/or the spirit of this WIFI Agreement and the remainder of this WIFI Agreement will continue and shall remain in full force and legal effect. You agree that this WIFI Agreement constitutes the entire agreement between you and PTC regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and PTC regarding its subject matter. You expressly consent to the rendering of this WIFI Agreement in English. Vous consentez expressément au rendu de cet accord en anglais.

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