These terms and conditions (“Terms”) apply to your access to, and your use of THIS WEBSITE, MOBILE APPLICATIONS, AND OTHER ONLINE APPLICATIONS, including but not limited to the following: https://highoctanerewards.com; https://dk-easy.com; https://myalon.com/ (collectively, the “Site”) , and your participation in our High Octane Rewards program (the “Program”, and together with the Site and Apps, collectively the “Services”), which are operated by ALON, or its subsidiaries, licensees and affiliated companies (“ALON”, “we”, “us”, or “our”). These Terms are important, contain legal obligations and affect your legal rights, so please read them carefully. NOTE THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY ACCESSING OR USING THE SERVICES, OR BY CREATING AN ACCOUNT, YOU AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO ALL (OR ANY PORTION OF) THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, DO NOT USE THE SERVICES.
THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED HEREIN.
PART 1 – GENERAL TERMS APPLICABLE TO ALL USERS
ELIGIBILITY, REGISTRATION AND USER ACCOUNT INFORMATION
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. ALON encourages parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address and other personal information without parental consent. If you are between the ages of 13 and 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
In order to receive certain of the Services, you will need to register for an Account. You agree to (a) create only one Account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify ALON if you discover or otherwise suspect any security breaches relating to the Services; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. You may enroll in the Program by (a) enrolling on-site at a fuel pump, (b) in-store, (c) by texting ‘SAVE’ to 48785, (d) online at https://experience.prod.delek.oc.ai/auth/request-magic-link, or (e) by scanning a QR code in corresponding advertisements and at store locations. To get messages including discounts, offers, promotions, sweepstakes, games, program announcements, and/or your program status including login to your account, you must remain opted-in to receive SMS/MMS messages. If you choose to block our short code 48785 directly on your phone, you also cannot receive messages from us, which will prevent you from logging into your personal online account. The mobile phone number you used at enrollment will become your unique member ID. This is the Member ID that you will need to use at the pump and in-store to participate in all aspects of the program. The Member ID/mobile # is also used to log in to your Account.
If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.
Features on the Site or associated with the Services, such as the Program, virtual gift cards, store locator, mobile gifting, feedback, account management, and interaction with social media Services, may use, maintain, or transmit your personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), virtual card information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”).
Specifically, for mobile applications, you are solely responsible for the confidentiality and security of User Information sent from or stored on the Apple® device or Android device by the application.
ALON shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions or other activities related to the Services.
SITE DISCLAIMER — NO WARRANTIES
THE MATERIALS AND INFORMATION ON THE SITE OR ASSOCIATED WITH THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. THE MATERIALS, INFORMATION AND SERVICES ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with ALON for products, services, employment or otherwise.
ALON reserves the right to change or modify these Terms or any policy or guideline of the Services, at any time, with or without notice, and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of our Services. If you do not agree to the amended terms, you must stop using the Services.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Services and all content and other materials therein, including, without limitation, the ALON logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the property of ALON or its licensors or users and are protected by U.S. and international intellectual property laws.
You are granted a personal, non-exclusive, non-transferable, limited and revocable license to access and use the Services and Site Materials for personal, informational, and shopping purposes only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or Site Materials; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Services and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Site Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Site Materials other than for its or their intended purpose. Any use of the Services or Site Materials other than as specifically authorized herein, without the prior written permission of ALON, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of ALON to respond expeditiously to claims of intellectual property infringement. ALON will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) as described below and other applicable intellectual property laws.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ALON’s designated agent (see address below) with a notice containing the following information:
- Your name, address, telephone number and email address;
- Identification of the copyrighted work or other intellectual property that you claim has been infringed;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- Identification of where the content that you claim is infringing is located on the site (i.e., the complete URL of all content on the Services you believe violates the copyrighted work);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and a statement, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pursuant to 17 U.S.C. §512(c)(2) of the DCMA, ALON’s designated agent to receive notifications of claimed copyright infringements is: Delek US Holdings, Inc. Attn: Legal Department-Retail, 7102 Commerce Way, Brentwood Tennessee 37027.
If ALON has deleted or suspended access to any content you uploaded to the Services because of a complaint that the posting infringed someone else’s copyrights and you disagree and want to have the content returned to you, please provide ALON with a written response which contains the following within 10 days after receiving notification that the content has been deleted:
- Your physical or electronic signature;
- Identification of the content that was deleted or made inaccessible;
- A statement under penalty of perjury that you have a good faith belief that the content was removed or made inaccessible as a result of mistake or misidentification;
- Your name, address and telephone number and a statement that you consent to jurisdiction of the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who complained that posting the content constituted an intellectual property right infringement or from an agent of that person.
A copy of your response, including your name and address, will be sent to the person who complained about your posting, and unless this person files a lawsuit concerning the posting within 14 days of receiving a copy of your response, the deleted content will be returned to you.
Please note that all other content that ALON has deleted or suspended access to will not be returned to user.
In accordance with the DMCA and other applicable law, ALON has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. ALON may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
ALON and the ALON logo are registered trademarks of ALON. All other ALON or ‘DK’ trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Services are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of ALON or its affiliates or licensors. In countries where any of the ALON trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, ALON claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names and indicia of origin. Other product or company names referred to on the Services may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of ALON or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin.
All rights not expressly granted are reserved.
EMAIL AND MOBILE MARKETING COMMUNICATIONS
ALON’s email and mobile advertising and informational programs that are made available through the Services are complimentary, require no purchase or fee for participation, and are subject to change in ALON’s sole discretion. You may always opt-out of ALON’s email and marketing programs (see below).
If you opt-in to our email and mobile marketing programs (including the Program), you are providing affirmative consent to receive recurring messages related to such programs from ALON, including via automatic telephone dialing / messaging system to the mobile phone number you provide. Your consent to receiving such messages is not a condition of purchasing any goods or services.
ALON does not charge you for sending or receiving text messages to 48785. However, your mobile service provider’s message and data rates may apply. All applicable charges will be billed by and payable to your mobile service provider. Carriers are not liable for delayed or undelivered messages. ALON will not be liable for any failures or delays in the receipt of any email or text messages.
ALON works with various third-party service providers to provide its email and mobile marketing programs. ALON and its service providers collect information from you when you sign up for and use these services. Collected information may include (without limitation) your cell phone number, your carrier’s name and the date, time, your name and the content of your message(s). We may use this information to contact you, to provide the services to you, and to enhance our marketing and communications with you.
If you have any questions on our email or mobile marketing programs, contact us via our website or by phone. To stop receiving emails and mobile marketing communications, you can change your account preferences; or, with or without a ALON account:
- Emails: Each marketing email sent contains an easy, automated way for you to cease receiving email from us. If you wish to do this, simply follow the Unsubscribe link at the end of any marketing email.
- Mobile Texts: You can unsubscribe at any time by texting “STOP” to 48785. Message and data rates may apply. If you have any questions or need assistance, text “HELP” to 48785, or you can contact us at https://highoctanerewards.com/#contact.
Our mobile marketing programs may not be available on all carriers. Please contact us for a list of US carriers through which we provide our programs
SYSTEMS/MOBILE DEVICES. Some operating systems and mobile devices may not be capable of accessing the Services. ALON is not responsible or liable for any errors, inaccuracies, faults, or failures arising in connection with your attempts to access or use any of the Services. You agree that you alone are responsible for all access and connectivity charges assessed by your communications carrier in connection with access to or use of the Services.
RESTRICTIONS ON USE
The Services may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Services (“User Content”). By using the Services, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- Unless specifically requested by ALON, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers, or suppliers;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
- Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
- User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national, or international law;
- Viruses, spyware, Trojan horses, Easter eggs, or any other harmful, disruptive, or destructive files; and
- User Content that, in the sole judgment of ALON, is objectionable, restricts or inhibits any other person from using or enjoying the Services or which damages the image or rights of ALON, other users, or third parties.
ALON does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is ALON liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Services and agree to use the interactive areas at your own risk.
Enforcement of these Terms, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. Although ALON has no obligation to screen, edit or monitor any of the User Content posted on the Services, ALON reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Services at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
If you are viewing the Services on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Services and the computer system you are using to prevent unauthorized User Content.
LICENSE TO USER CONTENT
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to ALON that you grant herein. ALON claims no ownership or control over any User Content, except as otherwise provided herein, on the Services or in a separate agreement. However, by submitting or posting User Content on the Services, you grant ALON and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release ALON its affiliated companies and subsidiaries, and their respective officers, directors, employees, agents and subcontractors from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
SUBMISSION OF IDEAS
Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about ALON, our Services and our products (collectively, “Ideas”). Ideas, whether posted to the Services or provided to ALON by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. ALON shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are granted a limited, non-exclusive right to create text hyperlinks to the Services for noncommercial purposes, provided such links do not portray ALON in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable, or violates these Terms. This limited right may be revoked at any time. In addition, you may not use ALON’s logo or other proprietary graphics to link to our Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any ALON trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ALON or any third party.
ALON makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party web services accessible via hyperlink or web services linking to the Services. Such Services are not under the control of ALON and ALON is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such Services. ALON and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by ALON of any site or any information contained therein. When you visit other Services via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party Services would then apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services.
THIRD PARTY CONTENT
ALON may provide third party content on the Services and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that ALON is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.
ALON may display advertisements and promotions from third parties on the Services or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. ALON is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-ALON advertisers or third party information on the Services.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALON AND ITS AFFILIATED COMPANIES, PARENTS AND SUBSIDIARIES, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM ALON, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE, ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ALON’s RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALON, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ALON FOR ACCESS TO OR USE OF THE SERVICES OR $100.00, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. USER AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES SHALL BE BROUGHT WITHIN ONE YEAR OF THE ACT OR OMISSION GIVING RISE TO THE CAUSE OF ACTION. THE INAPPLICABILITY IN A JURISDICTION OF A CLAUSE OR LIMITATION CONTAINED HEREIN WILL NOT AFFECT THE APPLICABILITY OF ANY OTHER REMAINING UNAFFECTED CLAUSES.
You agree to defend, indemnify and hold ALON, its affiliated companies, parents and subsidiaries, service providers and consultants, and its or their respective officers, directors, employees, agents, shareholders, and subcontractors, harmless from and against any costs, expenses, liabilities, losses, damages, suits, fines, penalties, claims, judgments, and demands of every kind or nature, including any reasonable attorney’s fees, costs, and expenses, arising out of or related to (a) your use of the Services; (b) any User Content or Ideas you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services. ALON shall have control of any litigation or settlement negotiation arising out of Terms or the subject matter thereof.
MODIFICATIONS TO THE SERVICES
ALON reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that ALON will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
Access to and use of the Services and these Terms are governed by U.S. federal law and/or the laws of the State of Tennessee, without resort to conflict of law provisions. Any legal suit, action, claim or proceeding regarding or arising out of the Program shall be brought exclusively in a court of competent jurisdiction located in Davidson County, Tennessee, and participants expressly consent to and waive any objections to the personal jurisdiction of such courts and to venue in such courts.
CLAIMS RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER (THE “PROVISION”)
READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Most customer concerns can be resolved by calling our customer service department at the number listed on our website or by submitting ‘STOP’ to 48785 or go contact us at https://highoctanerewards.com/#contact. In the event that customer service is unable to resolve a complaint to your satisfaction, you and we agree to resolve your complaint through binding arbitration instead of courts of general jurisdiction. Despite anything to the contrary above, you or we may choose to pursue a claim in court and not by arbitration if: (a) the claim qualifies for initiation in small claims court or (b) YOU OPT-OUT OF THE ARBITRATION PROCEDURES IN THESE TERMS BY THE 30TH DAY FOLLOWING THE DATE ON WHICH YOU FIRST CONSENT TO THESE TERMS (the “opt-out deadline”). You may opt-out of mandatory arbitration as described in this Provision by mailing the following information to Delek US Holdings, Attn: Legal Department-Retail, 7102 Commerce Way, Brentwood TN 37027: (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Your mailing must be post-marked before the opt-out deadline. We promise that your decision to opt-out of this Provision will have no adverse effect on your relationship with us. But we will enforce the opt-out deadline. Any opt-out request received after the opt-out deadline will not be valid and you will be required to pursue any Claim in arbitration or in small claims court.
CLASS ACTION WAIVER AND JURY TRIAL WAIVER: Neither you nor we will have the right to litigate any claim in court or have a jury trial on any claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a class, collective, or consolidated proceeding (such as a class action, consolidated action, or private attorney general action), unless both you and we specifically agree to do so following the initiation of the arbitration. If you choose to pursue your claim in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, collective, or consolidated proceeding without having complied with the requirements to opt-out of this provision.
For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claims, dispute or controversy relating to your use of the Services, these Terms, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, cross-claims, and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with the Services; and (4) claims that arise from or relate to (a) any use of the Services, Apps or Site, including any mobile application; (b) advertisements, promotions or statements related to any accounts, goods or services on or made available through the Services, including any mobile application; (c) benefits, services, offers or promotions related to the Program (including fee-based or free benefit programs, enrollment services and reward programs); (d) any purchases made through one or more of the Services, including any mobile application; and (e) your application for any account for the Services. You may not sell, assign or transfer a claim.
Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.
SENDING A CLAIM NOTICE
Before beginning an arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided electronically or to your billing address, where applicable. Notice to us must include your name, address, High Octane Rewards member number, if applicable, and be sent to Delek US Holdings, Attn: Legal Department-Retail, 7102 Commerce Way, Brentwood TN 37027.
LIMITATIONS ON ARBITRATION
Any arbitration will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other Program members, other users of the Services, including other mobile application account holders or users, or other persons similarly situated.
The arbitrator’s authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing, or unless you have properly and timely opted out of the arbitration Provision. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.
This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitation and privileges.
At any party’s request, the arbitrator will provide a brief written explanation of the award. The arbitrator’s award will be final and binding, except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court having jurisdiction.
ARBITRATION FEES AND COSTS
You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees).
This Arbitration provision will survive termination of your High Octane Rewards membership, mobile application account or use, any legal proceeding, and any bankruptcy. If any portion of this Claims Resolution section is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.
You acknowledge and agree that certain breaches of the Terms by you may cause ALON irreparable harm for which damages will not be an adequate remedy, and that ALON will, therefore, be entitled to seek, when the situation warrants, temporary, preliminary, and permanent injunctive relief, without prejudice or waiver of any other right or remedy.
Notwithstanding any of these Terms, ALON reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent your future access to, and use of, the Services.
If any provision of these Terms is held to be invalid or unenforceable under applicable law in any jurisdiction, the validity or enforceability of the remaining provisions thereof shall be unaffected and such holding shall not affect the validity or enforceability of such provision in any other jurisdiction. To the extent that any provision of these Terms is held to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited.
Any waiver by ALON of the provisions of these Terms or its rights or remedies under the terms herein must be in writing to be effective. Failure or delay by ALON to enforce the provisions of these Terms or its rights or remedies hereunder at any time will not be construed and will not be deemed to be a waiver of its rights under these Terms and will not in any way affect the validity of the whole or any part of these Terms or prejudice ALON’s right to take subsequent action.
SUCCESSORS AND ASSIGNMENT
These Terms are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign, in whole or in part, these Terms without ALON’s written consent.
INCORPORATION OF RELATED TERMS
For Apple® Devices (iOS), these Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (currently available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement therein (“Apple Terms”). For Android Devices, these Terms incorporate and supplement the Google Play Terms of Service (currently available at https://play.google.com/intl/en_us/about/play-terms.html) (“Android Terms”). These Terms, and all other terms or agreements expressly incorporated herein, constitute the entire agreement between you and ALON related to the subject matter covered herein.
You consent to receive all communications including notices, agreements, disclosures, or other information from ALON electronically. ALON may provide all such communications by email, by or through the Services, or through other electronic means, including but not limited to texts (SMS, MMS). You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal-communication requirements, including the requirement that communications be in writing.
PART 2 – ADDITIONAL TERMS APPLICABLE TO THE HIGH OCTANE REWARDS LOYALTY PROGRAM
These Program Terms and Conditions (these “Program Terms”) are subject to, and made a part of the Terms, and apply to your access to, and your participation in the Program, which is operated by ALON.
These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise.
These Program Terms contain the terms upon which ALON agrees to provide, and which govern the use and operation of, and your participation in, the Program and certain other related promotional activities as described below.
YOUR ACCESS TO AND USE OF ANY PART OF THE PROGRAM CONSTITUTES YOUR EXPRESS AGREEMENT TO THE PROGRAM TERMS. IF YOU DO NOT AGREE TO THE PROGRAM TERMS, YOU MAY NOT ACCESS, USE OR PARTICIPATE IN THE PROGRAM.
There is no fee to join or participate in the Program. You are only allowed one Program account that is personal to you, and you are prohibited from using another account holder or participant’s Program without their consent. Corporations and other entities are not eligible to participate in the Program. Individuals who are not at least 18 years of age are not eligible to participate in the Program.
JOINING THE PROGRAM
ELIGIBILITY. There is no fee to join or participate in the Program. You are only allowed one Program account that is personal to you, and you are prohibited from using another account holder or participant’s Program redemptions without their consent. Corporations and other entities are not eligible to participate in the Program. Individuals who are not at least 18 years of age are not eligible to participate in the Program. ALON encourages parents to monitor and supervise their children’s digital activities.
SIGNING UP. There are four ways to sign up:
In-Store: At the point-of-sale terminal, when prompted for credit, debit, or loyalty, select loyalty. Enter your mobile phone number. You will then receive an SMS message containing a link to the HIGH OCTANE Rewards website to complete your profile.
At the Pump: Enter your mobile phone number or (if applicable) scan your mobile device. You will then receive an SMS message containing a link to the HIGH OCTANE Rewards website to complete your profile.
From your Phone: Simply text your mobile phone number to 48785. You will then receive an SMS message containing a link to the HIGH OCTANE Rewards website to complete your profile.
Online: Online at https://experience.stage.delek.oc.ai/auth/request-magic-link and receive an SMS message containing a link to access High Octane Rewards Account to complete your profile.
QR Scan: By scanning a QR code that goes to: https://experience.stage.delek.oc.ai/auth/request-magic-link and receive an SMS message containing a link to access High Octane Rewards Account to complete your profile.
EXPIRATION OF REWARDS/ REDEMPTIONS/DISCOUNTS.
Fuel Discount Rewards
Your ALON Rewards Account must be registered before you are eligible to receive fuel discounts. Once your card/account is registered, you will receive a price rollback of three cents ($0.03) per gallon for every gallon you purchase on every grade of gasoline when you enter your Program number, mobile phone number, or use the mobile app, as prompted, at the beginning of your fuel purchase. Fuel discount is valid only at participating locations.
As a High Octane Rewards member you can earn additional rewards and/or fuel discounts by participating in promotion offers issued by the High Octane Rewards Program through emails, SMS/text messages, the website, social media, other digital communications and in-store promotions. All promotional offers are subject to the terms and expiration date provided within the offer. All promotional fuel discounts include the 3¢ off for being a registered member.
MODIFICATION OR TERMINATION OF THE PROGRAM TERMS OR THE PROGRAM
ALON may change, suspend, discontinue or cancel any aspect of the Program or your Program account or balance at any time, including but not limited to rewards, at its sole discretion and without notice to you. In addition, ALON may convert the Program and redemptions into different rewards programs at any time without notice. This includes reserving the right to apply changes retroactively to benefits already earned under the Program.
ALON may also impose limits on membership eligibility, certain features and services or restrict your access to parts or all of the Program, without notice or liability. ALON reserves the right, in its sole discretion, to refuse service or suspend or terminate a Program account or participation in the Program.
Although ALON will make reasonable efforts to notify participants of any changes, you should periodically check the Terms and Conditions of Use for applicable changes.
INACCURACIES OR ERRORS
The descriptions, pictures, representations of products, promotions and/or other information available through the Program may contain inaccuracies and/or errors. ALON does not make any warranty or representation with respect to the accuracy or completeness of any such information, and reserves the right to correct the same without penalty. Furthermore, the prices and availability of products referenced through the Program may change without notice to you at any time in ALON’s sole discretion. ALON shall have the right to refuse or cancel any advertisements placed or listed at an incorrect price or location.