777Gas Go Rewards SM Program Terms and Conditions

These 777Gas Go RewardsSM (“Go Rewards”) program terms and conditions and any additional terms and conditions that are established and required by 777Gas Retail LLC (“Terms and Conditions”) govern the terms and conditions on which an individual (“you”) may participate in the Go Rewards program through our mobile application (“Go Rewards Program”). The Go Rewards Program is owned by 777Gas Retail LLC (“777Gas”, “we”, and “our”). In connection with the Go Rewards Program, 777Gas owns and operates the 777Gas mobile application (the “Mobile App”).

By accessing, registering in, or using the Mobile App or any functionality thereof, you are automatically enrolled in the Go Rewards Program and confirm that you have read, understood, acknowledge, and agree to be bound by these Terms and Conditions, 777Gas’s Privacy Policy, and all terms incorporated herein by reference. If you do not consent to these Terms and Conditions, please do not access, browse, register in, participate in or use the Mobile App.

Please see 777Gas’s Privacy Policy for information on our use and disclosure of personal information that may be collected by 777Gas and its agents and affiliates.

Changes to Terms and Conditions

We reserve the right to update or make changes to these Terms and Conditions from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of these Terms and Conditions on the Mobile App or on 777Gas website. You can determine when these Terms and Conditions were last revised by referring to the date at the top of these Terms and Conditions. Your access to or use of the Mobile App following changes to these Terms and Conditions will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to these Terms and Conditions shall not apply to any dispute between you and us arising prior to the date on which we posted the revised version of these Terms and Conditions incorporating such changes or otherwise notified you of such changes.

Changes to Mobile App

777Gas may change the format and content of all or any part of the Mobile App at any time, including but not limited to removal of features or functionalities in the Mobile App.

777Gas may suspend the operation of the Mobile App or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.

Updates to the Mobile App may be issued from time to time through Mobile App stores. Depending on the update, you may not be able to use all or part of the Mobile App until you have downloaded the latest version of the Mobile App and accepted any new terms.

Your Account

You will receive a Rewards ID through the Mobile App. To receive your Rewards ID, we require you download the Mobile App and provide your first and last name, a valid phone number, a valid e-mail address, your date of birth, zip code, and a password in accordance with any stated 777Gas guidelines (“Account”). We may refuse to grant to you, and you may not use, a phone number or e-mail address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You agree to provide us with, and keep up-to-date, accurate, truthful and complete account information (including, but not limited to your e-mail address and phone number). You may only collect Rewards in your Account. Your Account is non-transferable and may not be sold, combined or otherwise shared with another person, except as provided in this paragraph. If you violate these Terms and Conditions, commit fraud or falsify information in connection with your use of the Mobile App, or take any other act which we feel, in our sole discretion, is detrimental to 777Gas or the Go Rewards Program, we may terminate your Account, and you will forfeit any pending, current or future Rewards.

Earning Rewards

All Members are automatically granted a per gallon discount on fuel purchases through the first two (2) full calendar months following the Member’s enrollment date. For such transactions, when using a Rewards ID in connection with a fuel transaction at a Fuel Site, eligible Members will receive a $0.03 per gallon discount. During the first two (2) calendar months, Members must fuel up with at least five (5) gallons of fuel at least two (2) times at any Fuel Site while using Member’s Mobile App as Member’s payment method. Beginning the third calendar month, in order to maintain, reobtain, or earn Member’s discount, a Member must fuel up with at least five (5) gallons of fuel at least two (2) times per calendar month at any Fuel Site while using Member’s Mobile App as Member’s payment method. Beginning in the third calendar month, Rewards are valid for the month in which they are earned through the last day of that calendar month. 777Gas reserves the right to modify, add, and delete discounts and Rewards at any time.

In order to be eligible to earn Rewards, you must identify yourself as a Member by scanning your Mobile App to pay for your fuel at a Fuel Site’s point of purchase.

Rewards status will be reflected in your Account immediately after your fuel purchase from a Fuel Site. We do not assume any liability for the failure of Rewards status to post to your Account in a timely manner.

Adjustments

In the case of any failure by you to follow the Terms and Conditions, or any other fraud, misrepresentation, or abuse related to the Go Rewards Program, we reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your Rewards earned through the Mobile App may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you receive upon redemption of Rewards that are subsequently deducted from your Account.

Redemption of Rewards

Rewards are automatically applied to fuel purchases made through the Mobile App at Fuel Sites. Once your Account is established, to be eligible to earn and redeem Rewards you must link an approved payment method to your Mobile App and that payment method shall be used in place of swiping a credit card for fuel purchases. Rewards cannot be earned or redeemed unless payment is made through the Mobile App. Your Rewards will automatically be applied to each applicable transaction by reducing the per gallon price of fuel by the Reward. Rewards will be a $0.03 discount per gallon. Fuel savings are limited to twenty (20) gallons of fuel per transaction and any other limits placed on your payment card by your financial institution.

Rewards may only be earned and redeemed through fuel transactions and may not be earned through in-store product or service purchases. Rewards earned through the Mobile App can only be applied at Fuel Sites and cannot be used at any non-777Gas branded fuel station or non-participating 777Gas branded fuel station.

Except for rewards earned through a 777Gas Rewards Credit Card, Rewards earned through the Mobile App cannot be combined with rewards earned through separate loyalty programs including any grocery loyalty program.

Disclaimers

Rewards Have No Cash, Monetary Or Other Value, Cannot Be Converted Into Any Currency, Cannot Be Applied As Credit To Any Payment Card Statement, And May Be Canceled At Any Time. Rewards May Expire Under The Terms Established By Us. Rewards Are The Property Of 777Gas. Rewards Are Issued Without Separate Payment Or Other Consideration By You And Exist At The Sole Discretion Of 777Gas As Part Of The Go Rewards Program. Rewards May Not Be Assigned, Transferred Or Pledged To Any Third Party.

Transactions And All Rewards Are Subject To All Applicable Legal Rules And The Terms And Conditions.

The Information, Products And Services Provided As Part Of The Go Rewards Program And On The Mobile App And 777Gas Website Are Provided On An “As Is,” “Where Is” And “Where Available” Basis. We Do Not Warrant The Information Or Services Provided As Part Of The Go Rewards Program Or Your Use Of The Mobile App Generally, Either Expressly Or Impliedly, For Any Particular Purpose, And Each Of The Foregoing Parties Expressly Disclaims Any Implied Warranties, Including But Not Limited To Warranties Of Title, Non-infringement, Merchantability Or Fitness For A Particular Purpose. We Will Not Be Responsible For Any Loss Or Damage That Result Or Could Result From Interception By Any Third Party Of Any Information Or Services Made Available To You Via The Mobile App. Although The Information Provided To You On The Mobile App Is Obtained Or Compiled From Sources We Reasonably Believe To Be Reliable, We Do Not Guarantee The Accuracy, Validity, Timeliness Or Completeness Of Any Information Or Data Made Available To You For Any Particular Purpose. We Shall Not Be Liable For Any Failure Of The Go Rewards Program Or The Mobile App Arising Or Resulting From Acts Or Events Beyond The Control Of 777Gas.

Member Obligations

You must provide and maintain current, complete and accurate information in connection with your Account. You agree that you will not, and will not permit others to: (i) provide any purposely inaccurate information (including a false e-mail address), or commit fraud or falsify information in connection with your Account; (ii) provide any unauthorized third party with access to your Account; (iii) modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your use of the Mobile App; (iv) engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Mobile App; (v) introduce into the Mobile App any code intended to disrupt the Mobile App, alter or delete its content, access confidential content on the Mobile App or interfere with the operation of the Mobile App, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (vi) attempt to access any data not intended for you or attempt to scan or test the security or configuration of the Mobile App or to breach security or authentication measures without proper authorization; or (vii) infringe any patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party or 777Gas in connection with your use of the Mobile App; (viii) fraudulently obtain Rewards; or (ix) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Mobile App.

You may not use a false e-mail address or phone number, create an account for anyone other than yourself without permission, use an e-mail address that is subject to any rights of a person other than you without appropriate authorization, or impersonate any person or entity.

If you post content or submit information or material through social media accounts administered by us, through business review and social networking sites, through email directed to us, through blogs, or through other communications, and unless we indicate otherwise, you grant us a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exploit (including without limitation, for purposes of promoting 777Gas, and promoting and redistributing part or all of the Go Rewards Program) such content, information and material, with or without the name that you submit in connection with such content, information or material, in any media now known or later developed. You represent and warrant that you own or otherwise control all of the rights to the content, information and material that you post; that such content, information and material is accurate; that use of such content, information and material does not violate these Terms and Conditions or the rights of 777Gas or any third party, and will not cause injury to any person or entity.

We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

Ownership and Trademarks

777Gas retains all its respective rights, titles and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents), patent applications, trademarks, trademark registrations, service marks, trademark registration applications, tradenames, trade dress, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) in the Go Rewards Program. 777Gas may enforce all respective rights to the full extent of the law.

Trademarks, service marks, and all graphical elements, including the look and feel appearing on the Mobile App, is distinctive and protected trademarks, copyrights, or trade dress. The Mobile App may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

Without the prior written consent of 777Gas, you are strictly prohibited from, including, without limitation, modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directories, databases, listing or software obtained in connection with the Go Rewards Program or from the Mobile App. Systematic retrieval of content from the Mobile App to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Mobile App or 777Gas’s website without written permission from 777Gas is strictly prohibited.

Nothing in the Go Rewards Program or on the Mobile App shall be interpreted as granting any license or right to use any image, trademark, logo or service mark in the Go Rewards Program. Unless otherwise specified, the Mobile App is for your personal and non-commercial use only and you may print, copy and download any information or portion of the Mobile App for your personal use only. Copying or downloading material from the Mobile App does not transfer title to any material on the Mobile App to you. If you copy or download any information or software from the Mobile App, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information and will use such copy or downloaded information or software for your own use only. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of 777Gas, which may own the marks.

You will not upload, post or otherwise make available on the Mobile App any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

You recognize the value of the goodwill associated with the Go Rewards Program and acknowledge that the Go Rewards Program and all rights therein and goodwill pertaining thereto belong exclusively to 777Gas. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in the Go Rewards Program or thereafter: (i) attack the title or any rights of 777Gas in or related to the copyright, trademarks, patents and other intellectual property in the Go Rewards Program; (ii) do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, patents, and other intellectual property in the Go Rewards Program; (iii) claim (adversely to 777Gas or anyone claiming rights through 777Gas) any right, title or interest in or to the copyright, trademarks, patents, and other intellectual property in the Go Rewards Program; (iv) misuse or harm the copyright, trademarks, and other intellectual property in the Go Rewards Program or bring the Go Rewards Program into disrepute; (v) for your benefit, directly or indirectly, register or apply for registration of 777Gas’s trademarks or any mark which is, in 777Gas’s reasonable opinion, the same as or confusingly similar to any of 777Gas’s trademarks; (vi) for your benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in 777Gas ‘s reasonable opinion, the same as, confusingly similar to or incorporates any of the 777Gas trademarks, and/or (vii) engage in behavior we deem to be abusive to us, our employees, or to the Go Rewards Program.

Promotional and Operational Communication

We may send you certain Go Rewards Program information that may include, but is not limited to, periodic statements of your Account and other information necessary for administration and promotional communications which will inform you of special offers and products we believe would be of interest to you. As a Member, you may have consented to receive all of the kinds of information described above. If, at any time, you wish to no longer receive promotional communications relating to the Go Rewards Program, you may opt out of the receipt of promotional communications by clicking on the opt-out link provided at the bottom of each e-mail or by contacting the Member Support Helpdesk at https://777gas.com/contact-us/. Requests to be unsubscribed or to opt out of promotional communications will be processed promptly, however, you may be included in the selection for additional promotional communications for a short period of time after you make your request. We reserve the right to send out certain communications, including by email and/or regular mail, relating to membership information, and administrative messages that are considered part of your Account (including communications informing you when you have linked or unlinked a payment card to your Account), without offering you the opportunity to opt out of receiving them.

Account Monitoring

You authorize us to monitor your Account and Mobile App activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your Account or any of your activities relating to the Go Rewards Program, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of the Go Rewards Program, the Mobile App, or your Account.

Mobile Communications

Be aware that the use of some of the functionalities of the Mobile App require access to the Internet or data through a mobile phone carrier. The use of the Mobile App on your mobile device is free but be aware that your carrier´s normal message and data rates apply. The Mobile App contains services and features that are available to certain mobile devices. By using the Mobile App on your mobile device, you agree that we may communicate with you by electronic means, including SMS and MMS to your mobile device and that certain information about your use of these services may be shared with us. You understand and agree that text messages sent to your mobile device may be generated using automated technology. If you change or deactivate your mobile phone number, you have to immediately update your account information to ensure that we do not send your messages to the person who acquired your old number.

Collection and Use of Certain Information

You acknowledge that in order to operate the Go Rewards Program, we will collect information about you, and your participation in the Go Rewards Program. You authorize us to use any such information and to disclose such information (i) to our representatives and agents in order to administer the Go Rewards Program; (ii) to Fuel Sites who are investigating potential fraud or abuse; and (iii) otherwise in accordance with the terms of 777Gas’s Privacy Policy.

Discontinuation or Suspension of Use

We may, in our sole discretion, at any time and without prior notice: (i) discontinue transmitting all or any part of the content related to the Go Rewards Program; (ii) change, discontinue or limit access to the Go Rewards Program or any participant, reward, functionality, feature or other component of the Go Rewards Program; or (iii) suspend or terminate your use of or access to the Go Rewards Program or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.

777Gas Transfer of Rights

777Gas may transfer its rights and obligations under these Terms and Conditions to any affiliate of 777Gas. Any such transfer will not affect your rights or 777Gas’s obligations under these Terms and Conditions.

General

These Terms and Conditions constitute the entire agreement between you and us regarding your participation in the Go Rewards Program, your entitlement to apply Rewards and your entitlement to any other benefits of the Go Rewards Program, and supersede all previous versions. Except as expressly provided herein, we reserve all rights with respect to the Go Rewards Program, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies and notify your Internet Service Provider of any fraudulent activity we associate with your use of the Mobile App) in the event of any violations. 777Gas may enforce these Terms and Conditions to the full extent of the law. When you deal with us over the Internet or via the Mobile App, you consent to the formation of contractual relations through electronic communications. We are the final authority as to any questions or disputes regarding the Go Rewards Program or any Reward. We will not be deemed to have waived any of our rights even if we apply Rewards when not required.

The Go Rewards Program, all rules and Terms and Conditions are governed by the laws of the State of Texas. If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions. No waiver by 777Gas or you of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms and Conditions. The section headings used herein are for convenience only and shall be of no legal force or effect. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and us. Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Condition to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Eligibility

To be eligible to participate in the Go Rewards Program, you must be at least thirteen (13) years of age and have a residence in the United States. The Go Rewards Program may only be used in the fifty (50) United States. If you are between thirteen (13) and eighteen (18) years old, you may only use the Go Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. The Go Rewards Program may change these eligibility requirements at any time. 777Gas reserves the right to refuse membership to any applicant for any reason, in its sole discretion.

Third Party Beneficiaries

The provisions of these Terms and Conditions are for the benefit of 777Gas and its officers, directors, employees, parent companies, affiliates, joint ventures, representatives and agents and you and not for any other person or entity; provided, however, that Fuel Sites shall be third party beneficiaries of the Disclaimers, Limitation of Liability, Indemnification, Arbitration, and Release provisions of these Terms and Conditions.