Save Every Mile Mobile App with Loyalty
Effective Date: September 23, 2020
BEFORE ACCESSING THE APP (AS DEFINED BELOW) AND PARTICIPATING IN THE PROGRAM (AS DEFINED BELOW), YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THE APP AND PARTICIPATION IN THE PROGRAM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY CLARK BRANDS LLC AND CLARK CROWN BRANDS LLC (COLLECTIVELY, “CLARK CROWN”) TO ACCESS OR OTHERWISE USE THE APP OR TO PARTICIPATE IN THE PROGRAM.
Welcome to the Clark Crown mobile consumer application for smartphones and tablets, and its associated websites, servers and databases (collectively, the “App”), owned and operated by Clark Crown. This agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (also referred to herein as “User”) may access and use the App, and may participate in consumer loyalty programs (collectively, the “Program”) operated by Clark Crown and the independent gasoline and/or convenience store locations participating in the Program (collectively, “Merchants”).
By registering as a user of, accessing, viewing, logging into or otherwise using the App or participating in the Program, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions (sometimes referred to herein as the “Agreement”) and agree to be legally bound by them. You represent and warrant that you are of sufficient legal age to use the App and participate in the Program, or agree to supervise minors who use the App and/or participate in the Program with your permission, and that you will be bound to any legal obligations you may incur as a result of using the App and participating in the Program. Please note that Clark Crown reserves the right to change the Terms and Conditions under which the App, the Program, and their respective offerings are extended to you. Your continued use of the App and/or continued participation in the Program following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
Everyday Gasoline Discounts
By providing your 10-digit telephone number (“Loyalty ID”) when initiating a gasoline purchase at a participating Merchant, Program participants automatically receive a discount on the per-gallon price of that gasoline purchase transaction. The amount of the discount is in the discretion of Clark Crown, and may be modified from time to time.
By providing your Loyalty ID when making in-store purchases on certain qualifying merchandise (other than gasoline) at participating Merchants, Program participants earn and accumulate Program points (“Points”). Pursuant to limited time promotions relating to certain qualifying merchandise of a specific product vendor or supplier, predetermined quantities of Points may be earned from the purchase of such merchandise from participating Merchants Clark Crown may, in its discretion, also offer special promotions under which Points may be earned or awarded by other means.
Special Offers to Program Participants
From time to time, special offerings on merchandise at participating Merchants (“Special Offers”) may be made available to Program participants. Special Offers may include discounts on select merchandise at participating Merchants, including “buy one get one free” offers on select merchandise. Additionally, Clark Crown may, in its discretion and for limited times, offer points for specific activities, such as, by way of example only, your visit to a particular participating Merchant, or multiple visits within a specified timeframe.
Points may be exchanged for “Brand Dollars”. Points may be redeemed for Brand Dollars on a predetermined redemption rate, which may be revised from time to time, at the sole discretion of Clark Crown. As of the Effective Date: (i) 110 Points may be exchanged for 1 Brand Dollar or, alternatively, for a discount (in addition to the everyday gasoline discount) of $0.05 per gallon (limited to a maximum of 20 gallons) applied to a single gasoline purchase transaction at a participating Merchant; and (ii) 220 Points may be exchanged for 2 Brand Dollars or, alternatively, for a discount (in addition to the everyday gasoline discount) of $0.10 per gallon (limited to a maximum of 20 gallons) applied to a single gasoline purchase transaction at a participating Merchant. Brand Dollars (in whole number quantities) may then be applied to the purchase of non-restricted merchandise at authorized Merchants, a one Brand Dollar for one U.S. dollar basis. Brand Dollars redeemed for authorized merchandise must be in an amount less than or equal to the price of the authorized merchandise, exclusive of applicable taxes, including state, county, and local/municipal sales taxes. Brand Dollars cannot be redeemed or exchanged for cash.
Restrictions on Earning Points and Redeeming Brand Dollars
Purchases of the following products and services are not eligible to earn Points, or for the redemption Brand Dollars: alcoholic beverages; tobacco and nicotine products; lottery tickets and cards; video gambling machine services; and financial products, including gift cards and phone cards. Applicable taxes on purchases, including state, county, and local/municipal sales taxes, likewise do not earn Points. Brand Dollars cannot be used for the purchase of gasoline.
Expiration of Points
Earned Points will expire in the event that your participation in the Program lapses. Your Program participation shall be deemed to have lapsed upon your failure for 365 consecutive days to either purchase gasoline, or to purchase qualifying merchandise, using your Loyalty ID at a participating Merchant.
Modification or Termination of the Program or this Agreement
Clark Crown may modify, suspend or terminate the Program, including your associated account (including your account’s current balance of Points, gasoline discount, and Brand Dollars) at any time, in the sole discretion of Clark Crown and without notice to you. This includes reserving the right to apply changes retroactively to benefits already earned under the Program.
General Terms and Conditions
Grant of License. This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use the App and to participate in the Program, conditioned on your continued compliance with the Terms and Conditions of this Agreement, solely within the United States. You are authorized to view and use the information and functions available on or from the App and the Program, solely for your personal, noncommercial use. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through the App or the Program. As a further condition of use of the App and participation in the Program, you warrant to Clark Crown that you will not use the App or the Program for any purpose that is unlawful or prohibited by these Terms and Conditions.
Intellectual Property Rights. All material contained on or delivered via the App and the Program, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other local, state and national laws and regulations. Except as provided herein, Clark Crown does not grant any express or implied rights to you. Please be aware that Clark Crown actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of the App and the Program are Copyright © 2020 Clark Brands LLC, All rights reserved. Clark Crown also owns a copyright in the App as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the App’s content. Clark Crown is the owner of the CLARK®, CROWN®, and SAVE EVERY MILE® trademarks.
Acceptable App Use. Users are prohibited from violating or attempting to violate the security of the App, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) or attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”. Violations of system or network security may result in civil or criminal liability. Users are prohibited from using any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted on the App. Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Clark Crown App other than the search engine and search agents available on the App and other than generally available third party web browsers. Clark Crown has the right to investigate potential violations of these Terms and Conditions or conduct that affects the App and to terminate further access to the App and further participation in the Program by a user, for any reason, including, without limitation, users considered by Clark Crown to have violated these Terms and Conditions.
Password Policy. Your use of certain portions of the App requires a password. Anyone with knowledge of your password can gain access to the restricted portions of the App and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through the App using your Password. You will also immediately notify Clark Crown if you become aware of any loss or theft of your password or any unauthorized use of your password. Clark Crown reserves the right to delete or change a password at any time and for any reason.
Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, and national laws and regulations. While Clark Crown has endeavored to create a secure and reliable App, please be advised that the confidentiality of any communication or material transmitted to/from the App over the Internet cannot be guaranteed. Accordingly, Clark Crown is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the App, or for the consequences of any reliance on such information. You assume the sole and complete risk for using the App and participating in the Program.
Enforcing Security. Actual or attempted unauthorized use of the App may result in criminal and/or civil prosecution. For your protection, Clark Crown reserves the right to view, monitor, and record activity on the App without notice to or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the App. Clark Crown will also comply with all court orders involving requests for such information.
Interaction with Third Parties. Clark Crown may post or otherwise make available third party generated material on or through the App and the Program, including, but not limited to, promotions of advertisers, members, or sponsors displaying their goods and services on the App. Your interactions, purchases, participation in, or any other dealings with third parties found on the App are solely between you and any such parties. You agree that Clark Crown shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the App. Moreover, Clark Crown shall not be responsible or liable for the accuracy, quality, suitability, currency or content of the statements or conduct of any third party on the App. You shall not knowingly or intentionally interfere with the display of any advertisement.
Links to Other Websites. Clark Crown may provide links, in its sole discretion, to websites or other sources of online information for your convenience in locating related information and services. These websites or other sources of information have not necessarily been reviewed by Clark Crown and are maintained by third parties over which Clark Crown exercises no control. Accordingly, Clark Crown expressly disclaims any responsibility for the content, the accuracy or currency of the information, and/or quality of products or services provided by or advertised on these third party website or other sources of information. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
Events Beyond the Control of Clark Crown. You expressly absolve and release Clark Crown from any claim of harm resulting from a cause beyond Clark Crown’s control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of terror or governmental restrictions.
DISCLAIMERS. WHILE CLARK CROWN ENDEAVORS TO PROVIDE ACCURATE INFORMATION, MATERIALS, PRODUCTS AND SERVICES, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS THAT MAY AFFECT THE QUALITY OF THE INFORMATION, SERVICES OR THIRD-PARTY CONTENT CONTAINED ON OR MADE AVAILABLE VIA THE APP AND THE PROGRAM. MOREOVER, CLARK CROWN MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE APP, THE PROGRAM, OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED IN OR THROUGH THE APP OR THE PROGRAM AT ANY TIME, FOR ANY REASON.
YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE APP AND THE PROGRAM, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THE APP OR THE PROGRAM. CLARK CROWN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, QUALITY, COMPLETENESS, TIMELINESS, CURRENCY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON OR PROVIDED THROUGH THE APP OR THE PROGRAM, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THE APP OR THE PROGRAM FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL CLARK CROWN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR THE PROGRAM, OR WITH THE DELAY OR INABILITY TO USE THE APP OR THE PROGRAM, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OFFERED OR PROVIDED THROUGH THE APP OR THE PROGRAM, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THE APP OR THE PROGRAM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CLARK CROWN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WHERE PARTICULAR STATES OR JURISDICTIONS’ LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE TOTAL LIABILITY FOR CLARK CROWN FOR ANY REASON WHATSOEVER RELATED TO USE OF THE APP OR THE PROGRAM SHALL NOT EXCEED THE AMOUNT OF $100 US DOLLARS.
Submissions. Any text, photos, videos, information, content, materials, ideas, suggestions, know-how, or other content (collectively, “content”) that you submit to the App, or otherwise submit to Clark Crown, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Clark Crown to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed, for any purpose and for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.
Indemnity. You agree to defend, indemnify, and hold harmless Clark Crown and its parents and affiliates and all of their employees, agents, directors, officers, members, managers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the App or Participation in the Program, or any breach by you of this Agreement.
Governing Law. This Agreement has been made in and will be construed and enforced in accordance with Illinois law, as applied to agreements entered into and completely performed in Illinois. Any action to enforce this Agreement will be brought in the federal or state courts residing in Cook County, Illinois, you expressly agree to be subject to the jurisdiction of such courts. The App and the Program are controlled and operated by Clark Crown from its offices within the United States, and is licensed for use solely within the United States. Clark Crown makes no representation that materials on the App or participation in the Program are appropriate or available for use in other locations, and access to them from territories where any of the content or functions of the App or the Program may be illegal is prohibited.
Term and Termination. This Agreement will take effect at the time you begin using the App or begin participating in the Program (thereby indicating acceptance of these Terms and Conditions). Clark Crown reserves the right at any time and for any reason to deny you access to the App, the Program, or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Clark Crown of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
User / Clark Crown. No joint venture, partnership, employment, or agency relationship exists between you and Clark Crown as a result of this Agreement or your utilization of the App or participation in the Program.
The Program is void where prohibited by law. Points and Brand Dollars are promotional in nature, have no cash value, and cannot be sold, copied, shared, transferred or used for commercial purposes.
Clark Brands is made up of nearly 1,000 gas stations in 32 states, the District of Columbia, and Puerto Rico. Our stations create jobs and service thousands of customers like you each day. As independent merchants, Clark and Crown locations have close ties to their local community. We are proud of our local focus, and we look forward to serving you in the future.