TERMS AND CONDITIONS

INCONVENIENCE INC G-CLUB TERMS AND CONDITIONS

PLEASE READ CAREFULLY.

BY ACCESSING OR PARTICIPATING IN THE INCONVENIENCE INC G-CLUB PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE, ACCESS OR USE THE INCONVENIENCE INC G-CLUB PROGRAM.

THESE TERMS AND CONDITIONS APPLY TO AN INDIVIDUAL’S ACCESS TO, AND PARTICIPATION IN, THE INCONVENIENCE INC G-CLUB (“G-Club”) PROGRAM WHICH IS OPERATED BY INCONVENIENCE INC (“INCONVENIENCE INC”, “we”, “us” OR “our”) IN THE UNITED STATES. THESE TERMS AND CONDITIONS DO NOT ALTER IN ANY WAY THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH INCONVENIENCE INC. FOR OTHER PRODUCTS AND SERVICES.

In connection with the G-Club program, InConvenience Inc operates the websites www.inconvenienceinc.com, The G-Club mobile application, and www.gasgoodsgo.com mobile website (collectively, the “Sites”). Please read the Website Terms of Use provided at www.inconvenienceinc.com to understand InConvenience Inc’s terms and conditions of your use and access to the Sites. By accessing or using the G-Club program, you agree to be bound by the Website Terms of Use.

1. PROGRAM DESCRIPTION

G-Club is designed to reward our loyal guests for their continued patronage at participating Gas Spot and Goods Spot locations through the accumulation of points earning, exclusive fuel discounts, and promotional rewards.

Registered members earn points and instant rewards through qualifying fuel purchases and in-store transactions, that can be redeemed for fuel rollbacks and in-store benefits. Not all locations may participate in all aspects of G-Club.

2. ELIGIBILITY

YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE G-CLUB PROGRAM. Some parts of the program may require that you must be at least 18 or 21 years of age. The program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use G-Club under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. Eligibility will be determined at the sole discretion of InConvenience Inc.

G-Club is intended for personal use only, and commercial use by commercial customers and others purchasing items for resale are not eligible to participate in G-Club. Individuals who are employee, officers, and directors of InConvenience Inc, its parents, subsidiaries, and affiliated companies, advertising, and promotion agencies, and their respective IRS dependents, immediate family members and individuals residing in the same household, whether or not related, may participate in G-Club, but may not be eligible to win giveaway prizes, which eligibility shall be determined from the rules governing each individual giveaway. The term “immediate family members” includes spouses, parents, children, siblings, and in-laws.

3. PRIVACY

Please read the InConvenience Inc Privacy Policy (“Privacy Policy”) provided at www.inconvenienceinc.com/privacy carefully to understand how InConvenience Inc collects, uses and discloses information, including personally identifiable information, from its guests. By accessing or using the G-Club program, you consent to all actions that we take with respect to your data that is consistent with our Privacy Policy.

4. JOINING THE PROGRAM

There are no membership fees associated with the G-Club program. To become a G-Club member and be eligible to receive full member benefits, you must download the (NAME OF APP) mobile application to your Android™ or iPhone then follow the prompts to create a G-Club account. You may also be able to join G-Club through a special promotion, membership, or other program that may be offered by InConvenience Inc and/or our business partners. There may be additional terms and conditions applicable to these offers and programs, so please read them carefully. The registration process may require that you provide the following information: password, email address, first and last name, physical address, telephone number, birthdate, demographic information and marketing preferences. You may only have one (1) G-Club account that is personal to you. InConvenience Inc reserves the right to validate your registration. All information provided by you must be true and accurate. You will be responsible for any and all loss, damage or additional costs that you or InConvenience Inc may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update any information that you submit via the Sites.

InConvenience Inc reserves the right to suspend your account and/or your participation in G-Club if InConvenience Inc determines in its sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, you are capturing another person’s points on your account, you are sharing your benefits with others, you are in any other way misusing G-Club to receive more points or benefits than you are entitled to, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. InConvenience Inc may, in its sole discretion, suspend, cancel or combine your accounts. If your participation in G-Club is terminated, then all accumulated points and rewards in your account are void.

5. EARNING POINTS

By registering in the G-Club program you can gain access to, and can earn points, instant rewards and discounts through promotional offers and existing G-Club clubs (“Clubs”). Generally, earned points, instant rewards* and discounts are automatically added to your account within twenty-four (24) hours, or as provided in the applicable promotional offer.

*Certain offers may be designated as ‘instant rewards,’ meaning benefits automatically applied at checkout or fuel purchase without manual redemption.

6. REDEEMING POINTS

You can redeem G-Club points posted to your account for products and discounts, which can be applied toward future InConvenience Inc purchases. G-Club points and rewards are promotional in nature and have no cash value and cannot be applied towards previous purchases. G-Club members may not sell, transfer or assign points or rewards. No returns or exchanges are allowed on merchandise procured through the redemption of points or as an instant reward. Once points or instant rewards are redeemed, points or instant reward cannot be credited back to member’s account. Members can redeem points for products and fuel discounts, and other rewards as made available.

Exclusions

Points are not earned on:

·      Lottery

·      Gift cards

·      Phone cards

·      Money services

·      Additional exclusions may apply based on state or local laws

Points may not be retroactively applied to past purchases.

7. TRADEMARKS

The InConvenience Inc and G-Club names, and all related names, logos, product and service names, designs, and slogans are trademarks of InConvenience Inc. You must not use such marks without the prior written permission of InConvenience Inc. Some of the other names, logos, product and service names, designs, and slogans displayed on or in connection with the Sites may be the trademarks of their respective owners (collectively with InConvenience Inc trademarks, the “Marks”). Any unauthorized use of the InConvenience Inc and G-Club names, and all related names, logos, product and service names, designs and slogans or the Marks is strictly prohibited.

8. EXPIRATION OF BENEFITS

Any unredeemed points shall expire one year from date earned.  InConvenience Inc will always apply the oldest points towards any reward redemption. Unregistered accounts will not earn points, instant rewards, or discounts for which you may otherwise qualify until such time that you fully register[TF1] .

If you do not use your G-Club account in connection with a purchase for a period of eighteen (18) consecutive months, your points will expire and your point balance will automatically be reset to zero (0). Further, all rewards or discounts will also expire.

If you do not use your reward within thirty (30) days of purchasing said reward with points, the reward is permanently removed from your account and points used to purchase the reward are forfeited. Please be advised that instant rewards may have an earlier expressly defined expiration date which shall supersede anything contrary herein.

Rewards and promotional offers may have shorter expiration periods.

9. RIGHT TO CHANGE OR CANCEL

InConvenience Inc reserves the right to amend, terminate, or cancel the loyalty program or these terms at any time at its sole discretion. Continued participation confirms your acceptance of any such changes therefore; you should review these terms and conditions and applicable policies frequently to understand the terms and conditions that apply to the program.

10. FUEL REWARDS & STACKING

Fuel rewards are applied at the pump at the time of redemption and are limited to twenty (20) gallons per transaction unless otherwise stated. Unused portions of eligible rewards may remain available until the applicable expiration date. Fuel rewards cannot be redeemed for cash.

11. PROMOTIONAL OFFERS

As a registered G-Club member, you can earn additional points and/or discounts by participating in promotional offers issued by InConvenience Inc through emails, the sites, social media and in-store promotions. All promotional offers are subject to the terms including, but not limited to, any limitation on number of gallons and expiration date provided within the offer. Offers and promotions are void where prohibited by law.

12. ACCOUNT SECURITY & MISUSE

You are responsible for:

• Maintaining account confidentiality.

• All activity under your account.

InConvenience Inc reserves the right to suspend or terminate accounts for:

• Fraudulent activity

• Abuse of promotions

• Multiple account creation

• Unauthorized use

We reserve the right to withdraw or amend the sites, and any service or material we provide on the sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the sites are unavailable at any time or for any period. Some or all areas of the sites may be limited in access to only registered users. From time to time, we may further restrict access to some parts of the Sites, or the entire Sites, to users, including registered users. All points and rewards may be forfeited upon termination.

13. INTELLECTUALPROPERTY

You agree that all content on the sites is owned or controlled by InConvenience Inc and subject to applicable intellectual property laws. The InConvenience Inc and G-Club names, and all related names, logos, product and service names, designs, and slogans are trademarks of InConvenience Inc. You must not use such marks without the prior written permission of InConvenience Inc. All other names, logos, product and service names, designs, and slogans displayed on, within, or in connection with G-Club and the sites are the trademarks of their respective owners. Any unauthorized use of any of the aforementioned trademarks, in whole or in part, is strictly prohibited.

14. SMS MESSAGING

By subscribing to G-Club SMS messaging, the user consents to receive automated text messages and recurring messages from InConvenience Inc. Message & data rates may apply – rates can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account. Message frequency varies based on your account activity and program participation. To stop receiving SMS messages, text STOP to +1 (866) 491-5629.

15. DISCLAIMER OF WARRANTIES

The G-Club Program is provided on an “AS IS” AND “AS AVAILABLE” basis without warranties of any kind, whether express or implied. InConvenience Inc does not guarantee:

• Continuous availability

• Error-free operation

• Accuracy of rewards or point balances

Hereby disclaims all warranties and conditions with respect to the rewards program, the sites, and any goods or services obtained through your participation in the G-Club program, whether express or implied, statutory or otherwise, including, without limitation, implied warranties of non-infringement, merchantability and fitness for a particular purpose. Without limiting the foregoing, InConvenience Inc makes no representation or warranty as to the quality, reliability, completeness, accuracy, timeliness, availability, security or functionality of the G-Club Program, including any goods or services obtained through its use, the sites or any content thereon. InConvenience Inc will not be liable for any harm to your computer system or mobile device, or loss of data, that results from your access to or use of the sites, or any content, or for the deletion of, or the failure to store or to transmit, any content or other communications maintained by the sites. InConvenience Inc makes no warranty that the G-Club Program or the sites will meet your requirements or be available on an uninterrupted, secure, or error-free basis or that defects in the sites will be corrected. The sites may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in internet service or other unforeseen circumstances. The G-Club Program, the sites and associated services and communications, including without limitation advertising content and messages, are intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. All are licensed to InConvenience Inc, and you have no ownership interest in the G-Club Program. Further, you have no right, title, or interest to copyrights, trademarks and other intellectual property used by InConvenience Inc in conjunction with the G-Club program.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, InConvenience Inc shall not be liable for:

• Indirect, incidental, or consequential damages

• Loss of points, rewards, or data

• System errors or service interruptions

• Any failure, delay or decision by us in administering the rewards program or amending these terms and conditions or the basis on which you can redeem rewards

• Unauthorized use of your account or alternate id

• Any product, service, offer, representation, statement or claim about the reward program made by InConvenience Inc. or any of their suppliers, affiliates or any other person

• The purchase, redemption for or use of any goods or services within the rewards program.

• These limitations shall apply regardless of the form of action, whether the asserted liability or damages are based on contract, indemnification, tort, statute or any other legal or equitable theory.

Some jurisdictions do not allow certain limitations or exclusions of liability in some circumstances. Consequently, some of the foregoing limitations may not apply to you.

17. INDEMNIFICATION

You agree to indemnify and hold harmless InConvenience Inc and its affiliates from any claims arising from:

• Your participation in the G-Club Program

• Violation of these Terms

• Misuse of the G-Club Program

18. TERMINATION OF USE

InConvenience Inc reserves the right, in its sole discretion, to terminate or suspend your use of or access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use, at any time without notice.

19. GOVERNING LAW

All matters relating to this rewards program and these Terms and Conditions shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the program shall be brought exclusively in the courts of competent jurisdiction located in the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. DISPUTE RESOLUTION

By participating in the program, you are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to the program, will be resolved exclusively and finally by binding arbitration.

Any disputes arising from the G-Club Program may be resolved through binding arbitration, where permitted by law. You waive the right to participate in class actions. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

21. USE OF THE APP

In order to use certain functions of the sites, you will need to register for a G-Club account and review and agree to the Terms and Conditions provided at www.inconvenienceinc.com/terms. You are responsible for maintaining and promptly updating your account information and maintaining the security of your account by not sharing your password with others and restricting access to your account and your mobile device. You take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

22. CONTACT INFORMATION

For questions or support regarding the Program, please contact InConvenience Inc through its official customer service channels or www.inconvenienceinc.com/contact/

[TF1]I didn’t change any wording here, just rearranged the the hierarchy.