Club LUKOIL Program Terms and Conditions
1. Overview
These Club LUKOIL Rewards Program Terms and Conditions and any additional terms and conditions that are established and required by LUKOIL North America, LLC and applicable to certain programs or offers in which you may elect to participate as part of the Club LUKOIL Rewards Program ("Terms and Conditions") govern the terms and conditions on which an individual ("you") may participate in the Club LUKOIL Rewards Program. The Club LUKOIL Rewards Program is owned and operated by LUKOIL North America, LLC (referred to herein as “LUKOIL”, “LUKOIL North America, LLC” “LNA”, "us", "our", "we").
In connection with the Club LUKOIL Rewards Program, LUKOIL North America, LLC operates the Club LUKOIL website, and the Club LUKOIL mobile applications (collectively, the " Club LUKOIL Site").
By enrolling in the Club LUKOIL Rewards Program, using the Club LUKOIL Site and/or LUKOIL’s services through the Club LUKOIL Site, participating in the Club LUKOIL Rewards Program or by clicking on the "I agree to the Terms and Conditions", you agree that you have read and understand these Terms and Conditions.
If you do not consent to these Terms and Conditions, please do not access, browse, or use the Club LUKOIL Site, participate in the Club LUKOIL Rewards Program, use the services offered through the Club LUKOIL Rewards Program or the Club LUKOIL Rewards Site or provide information to us.
Please see our Privacy Policy for information on our use and disclosure of personal information that may be collected by LUKOIL North America LLC and our affiliates.
By enrolling in the Club LUKOIL Rewards Program, you further consent to the Terms and Conditions set forth by our processor of mobile payments, Zipline Payment Services, and to Zipline’s Privacy Policy.
2. 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 Club LUKOIL Site. Your access to or use of the Club LUKOIL Site 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 LUKOIL North America, LLC arising prior to the date on which LUKOIL North America, LLC posted the revised version of these Terms and Conditions incorporating such changes or otherwise notified you of such changes.
3. Participation in the Club LUKOIL Rewards Program
When you enroll in the Club LUKOIL Rewards Program as a member ("Member") you can collect cents per gallon rewards ("Rewards") by purchasing fuel at participating LUKOIL-branded locations, and to redeem the Rewards for discounts on motor fuel at participating LUKOIL-branded locations. To participate, you must enroll and meet the requirements to obtain a Club LUKOIL Rewards Program account.
4. Your Account
Once your Club LUKOIL Rewards Program account is activated and you have provided us with a valid e-mail address, we will establish an account in your name ("Account"). We may refuse to grant to you, and you may not use, a username (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).
You may only collect Rewards in one Account. Your Account and any Rewards earned are for your personal and non-commercial use only. 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 Club LUKOIL Rewards Program or the Club LUKOIL Site, or take any other act which we feel is detrimental to LUKOIL North America, LLC or its affiliates or the Club LUKOIL Rewards Program in our sole discretion, we may terminate your Account, and you will forfeit any pending, current or future Rewards. You may elect to close your Account at any time. In the event that you wish to close your account, please contact us at: ClubLUKOIL@LUKOILUSA.com. Upon closure of your Account, any rights to redeem Rewards from that Account are lost.
5. Earning and Redeeming Rewards on Motor Fuel
Motor Fuel is defined as gasoline and diesel fuel. To earn and redeem Rewards, Club LUKOIL Rewards Members must enroll in LUKOIL Pay by linking their checking account to the Club LUKOIL Rewards app, and using LUKOIL Pay to pay for motor fuel at participating LUKOIL locations. If paying using multiple forms of tender, you can only earn and redeem Rewards on purchases made using LUKOIL Pay.
Club LUKOIL Rewards Members who use LUKOIL Pay to pay for motor fuel will receive an “everyday discount” of five cents ($0.05 USD) per gallon, which is applied at the time of purchase. In addition, Members who purchase at least 25 gallons of fuel in a calendar month using LUKOIL Pay will achieve “Gold” status. Gold Members will receive an additional two cents ($0.02 USD) per gallon on all motor fuel purchased for the month. Members who purchase at least 50 gallons of fuel in a calendar month using LUKOIL Pay will achieve “Platinum” status. Platinum Members will receive an additional five cents ($0.05 USD) per gallon on all motor fuel purchased for the month. Gold and Platinum Members will receive their additional discount as a one-time credit to their checking account after the month closes. Rewards cannot be earned or redeemed on fuel transactions where prohibited by law.
You are solely responsible for checking your account regularly to ensure that your Rewards are properly credited. If you believe that proper credit does not appear on your Account, you should contact us by email at: ClubLUKOIL@LUKOILUSA.com; or by phone at: 877-858-9962, no later than ninety (90) days after you believe the Rewards should have been credited to your account and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether Rewards should have been posted to your Account and to adjust your Account accordingly. You acknowledge that any such determination by us will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT REWARDS HAVE BEEN PROPERLY CREDITED TO YOUR ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW FROM THE CLUB LUKOIL REWARDS PROGRAM.
You may not offer for sale, sell, exchange, give, charge or otherwise dispose of any Reward. You are responsible for all taxes payable due to your participation in the Club LUKOIL Rewards Program.
6. Promotional Offers
From time to time, Club LUKOIL Rewards members may receive offers from sponsored partners. These promotional offers may vary depending on location and are redeemable through the Club LUKOIL Rewards app. LUKOIL Pay is not required to redeem these offers. Promotional offers are available at participating locations only, and only while supplies last. Promotional offers are subject to change at any time and without notice.
7. Adjustments
In the case of any failure by you to follow these Terms and Conditions or any other terms or conditions applicable to programs or offers in which you may elect to participate as part the Club LUKOIL Rewards Program (including any terms and conditions of any affiliates our affiliates), or any other fraud, misrepresentation, or abuse related to the Club LUKOIL Rewards Program, as determined by us in our sole discretion, 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 Club LUKOIL Rewards Program 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. You give LUKOIL North America LLC permission to review your Account in cases where LUKOIL North America, LLC or its affiliates suspect fraudulent activity
8. Disclaimers
NO REWARD MAY BE REDEEMED UNTIL IT HAS BEEN CREDITED TO THE MEMBER'S ACCOUNT. 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 ANYTIME.
LUKOIL NORTH AMERICA LLC NOR ANY OF ITS AFFILLIATES, WARRANTS THE INFORMATION OR SERVICES PROVIDED AS PART OF THE CLUB LUKOIL REWARDS PROGRAM OR YOUR USE OF THE CLUB LUKOIL SITE 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. NEITHER LUKOIL NORTH AMERICA LLC NOR ANY OF ITS AFFILIATES WILL 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 CLUB LUKOIL SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE CLUB LUKOIL SITE IS OBTAINED OR COMPILED FROM SOURCES WE REASONABLY BELIEVE TO BE RELIABLE, NEITHER LUKOIL NORTH AMERICA LLC NOR ANY OF ITS AFFILIATES GUARANTEES THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER LUKOIL NORTH AMERICA LLC NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY FAILURE OF THE CLUB LUKOIL REWARDS PROGRAM OR THE CLUB LUKOIL SITE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF LUKOIL NORTH AMERICA LLC OR ITS AFFILIATES, AS APPLICABLE.
9. Member Obligations
THE INFORMATION, PRODUCTS AND SERVICES PROVIDED AS PART OF THE CLUB LUKOIL REWRDS PROGRAM AND ON THE CLUB LUKOIL SITE ARE PROVIDED ON AN "AS IS' "WHERE IS", AND "WHERE AVAILABLE" BASIS. NEITHER LUKOIL NORTH AMERICA LLC OR ITS AFFILIATES WARRANTS THE INFORMATION OR SERVICES PROVIDED AS PART OF THE CLUB LUKOIL REWARDS PROGRAM OR YOUR USE OF THE CLUB LUKOIL SITE 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 PUR POSE. NEITHER LUKOIL NORTH AMERICA LLC NOR ITS AFFILIATES WILL 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 CLUB LUKOIL SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE CLUB LUKOIL SITE IS OBTAINED OR COMPILED FROM SOURCES WE REASONABLY BELIEVE TO BE RELIABLE, NEITHER LUKOIL NORTH AMERICA LLC NOR ANY OF ITS AFFILIATES GUARANTEES THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER LUKOIL NORTH AMERICA LLC NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY FAILURE OF THE CLUB LUKOIL REWARDS PROGRAM OR THE CLUB LUKOIL SITE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF LUKOIL NORTH AMERICA LLC OR ITS AFFILIATES, AS APPLICABLE.
You may post reviews, comments, photos, and other content; and make other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is in compliance with the rules and conventions for postings not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, advertising, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, 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, use an e-mail address that is a name that is offensive, vulgar or obscene, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do post content or submit information or material to the Club LUKOIL Site, you agree that LUKOIL North America LLC and its Affiliates shall have a perpetual, irrevocable, and fully sublicensable (through multiple tiers) 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 LUKOIL North America LLC, the Club LUKOIL Rewards Program, the Club LUKOIL SITE, and promoting and redistributing part or all of the Club LUKOIL Rewards Program) such content, information and material, with or without the name that you submit in connection with such content, information or material, throughout the world 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 any third party and will not cause injury to any person or entity.
LUKOIL North America LLC has the right but not the obligation to monitor and edit or remove any activity or content. LUKOIL North America LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
10. Ownership and Trademarks
LUKOIL North America LLC, or the applicable third party owner, retains all right, title 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, 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 Club LUKOIL Rewards Program and on the Club LUKOIL Site. LUKOIL North America LLC may enforce all rights to the full extent of the law.
Without the prior written consent of LUKOIL North America LLC, 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 from the Club LUKOIL Rewards Program or the Club LUKOIL Site. Systematic retrieval of content from the Club LUKOIL Site 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 CLUB LUKOIL Site without written permission from LUKOIL North America LLC is strictly prohibited.
Nothing in the Club LUKOIL Rewards Program or on the Club LUKOIL Site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark in the Club LUKOIL Program or on the Club LUKOIL Site. Unless otherwise specified, the Club LUKOIL Site is for your personal and non-commercial use only and you may print, copy and download any information or portion of the Club LUKOIL Site for your personal use only.
Copying or downloading material from the Club LUKOIL Site does not transfer title to any material on the Club LUKOIL Site to you. If you copy or download any information or software from the Club LUKOIL Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. 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 World Wide Web without the written permission of LUKOIL North America LLC or such third party, which may own the marks.
You will not upload, post or otherwise make available on the Club LUKOIL Site 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.
11. Communications
We may send you certain Club LUKOIL Rewards Program information that can include periodic statements of your Account and other information necessary for administration; promotional communications which will inform you of special offers and products we believe would be of interest to you; and promotional communications from third parties, that have a relationship with the Club LUKOIL Rewards Program.
12. Collection and Use of Certain Information
You acknowledge that to operate the Club LUKOIL Rewards Program, we will collect information about you, your participation in the Club LUKOIL 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 Club LUKOIL Rewards Program; (ii) to third parties, where necessary or convenient for transfer or redemption of your accumulated Rewards or otherwise in connection with the Club LUKOIL Rewards Program;
(iii) and participating LUKOIL stations who are investigating potential fraud or abuse; and
(iv) otherwise in accordance with the terms of the Privacy Policy.
13. Limitation of Liability
NEITHER WE, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES,JOINT VENTURES, REPRESENTATIVES OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS ARISING OUT OF OR RELATED TO THE CLUB LUKOIL SITE, THE CLUB LUKOIL REWARDS PROGRAM OR YOUR PARTICIPATION IN THE CLUB LUKOIL REWARDS PROGRAM, INCLUDING WITHOUT LIMITATION: (I) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE CLUB LUKOIL REWARDS PROGRAM OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM REWARDS; (II) UNAUTHORIZED USE
OF YOUR ACCOUNT, YOUR PERSONAL IDENTIFCATION OR PIN; (Ill) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE CLUB LUKOIL REWARDS PROGRAM MADE BY ANY PARTICIPATING LUKOIL BRANDED STATIONS, OR ANY OF THEIR SUPPLIERS, OR ANY OTHER PERSON; THIS APPLIES EVEN IF WE, OR OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS OR OUR OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, AND THE MAXIMUM LIABILITY OF OUR AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS AND DIRECTORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY DOLLARS ($50.00 USD).
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LUKOIL NORTH AMERICA AND ITS AFFILIATES, THE ISSUING PARTICIPANTS, THE REDEEMING PARTICIPANTS AND THE TRANSACTION INFORMATION PROVIDERS (AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, JOINT VENTURES, REPRESENTATIVES AND AGENTS) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS INCURRED IN CONNECTION WITH ANY CLAIM DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO ANY ACTUAL OR ALLEGED BREACH BY YOU OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES AND COSTS. FOR THOSE MATTERS SUBJECT TO INDEMNIFICATION BY YOU IN WHICH NEITHER LUKOIL NORTH AMERICA NOR ANY OF ITS AFFILIATES IS A PARTY, ANY APPLICABLE INDEMNIFIED ISSUING PARTICIPANT, REDEEMING PARTICIPANT AND/OR TRANSACTION INFORMATION PROVIDER MAY PROVIDE INPUT INTO THE DEFENSE OF SUCH MATTERS, AT THEIR OWN EXPENSE. YOU FURTHER AGREE TO COOPERATE AS REQUESTED BY LUKOIL NORTH AMERICA IN THE DEFENSE OF ANY INDEMNIFIED CLAIM. YOU SHALL NOT IN ANY EVENT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF LUKOIL NORTH AMERICA. WITHOUT LIMITING ANY OBLIGATION TO INDEMNIFY AND HOLD HARMLESS, WITH RESPECT TO YOUR OBLIGATION TO DEFEND, LUKOIL NORTH AMERICA RESERVES THE RIGHT, AT ITS OWN DISCRETION AND EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE (INCLUDING EXCLUSIVE CONTROL) OF ANY MATTER THAT IS SUBJECT TO INDEMNIFICATION BY YOU.
14. Release
By participating in the Club LUKOIL Rewards Program, you release LUKOIL North America and its affiliates and the Issuing Participants, Redeeming Participants and the Transaction Information Providers from any costs, damages, injury or harm that may arise from participation in the Club LUKOIL Rewards Program.
You may find content to be offensive, harmful or inaccurate. You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users, you release LUKOIL North America, the Issuing Participants, the Redeeming Participants and the Transaction Information Providers (and its and their officers, directors, employees, affiliates, parent companies, joint ventures, representatives and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
California Civil Code Waiver. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor".
15. Termination, Changes and Breach
We may change, cancel, suspend or discontinue any aspect of the Club LUKOIL Rewards Program, the Rewards, the Issuing Participants and Redeeming Participants, the issuance and redemption procedures and restrictions, or the type of rewards or discounts offered, all without notice or liability and even though changes may affect the value of Rewards already accumulated. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. We may also impose limits on features and services or restrict your access to parts or the entire Club LUKOIL Rewards Program without notice or liability.
For example, but without limitation, we may add, delete or change Issuing Participants, Redeeming Participants, time limits for collection, redemption or use of Rewards; redemption conditions or procedures; or the value of purchases required for Rewards. If no Rewards are recorded in your Account for twenty-four (24) months, or if you commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your Club LUKOIL Rewards Program privileges or act in any other way to the detriment of us, our Issuing Participants, Redeeming Participants, or the Club LUKOIL Rewards Program, we may, without affecting our other rights, terminate your Account, and/or cancel your Rewards and disclose appropriate information requested by proper authorities If a Reward expires or is cancelled for any reason, it becomes void without compensation. You may elect to close your Account, terminate your participation in the Club LUKOIL Rewards Program, and not use our products and services or the products and services or the Issuing Participants or Redeeming Participants at any time in your sole discretion.
16. License and Club LUKOIL Site Access
LUKOIL North America grants you a limited license to access and make personal use of the Club LUKOIL Site. This license does not include any resale or commercial use of the Club LUKOIL Site or its contents. The Club LUKOIL Site or any portion of the Club LUKOIL Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes without the express written consent of LUKOIL North America.
17. Availability of the Club LUKOIL Site
LUKOIL NORTH AMERICA CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE CLUB LUKOIL SITE. You acknowledge that there may be interruptions in service or events that are beyond our control. The Club LUKOIL Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. We retain the right at our sole discretion to deny service or access to the Club LUKOIL Site to anyone at any time and for any reason.
18. Security of the Club LUKOIL Site
Certain parts of the Club LUKOIL Site will be password protected and accessible only to users with valid usernames and passwords. Only you are authorized to use your password. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of the user IDs and passwords by which you access the Club LUKOIL Rewards Program and the Club LUKOIL Site, and will allow access to the Club LUKOIL Rewards Program and the Club LUKOIL Rewards Site only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither LUKOIL North America nor any third party will contact you to solicit your user ID or password. Therefore, you should not provide your user ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else's Account, username or password without that person’s permission. When creating your Account, you must provide accurate and complete information. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND
ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT LUKOIL NORTH AMERICA HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. If there is a breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your user ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Club LUKOIL Rewards Program and the Club LUKOIL Site that would damage, interfere with or unreasonably overload the Club LUKOIL Rewards Program and the Club LUKOIL Site.
19. General
These Terms and Conditions constitute the entire agreement between you and us regarding your participation in the Club LUKOIL Rewards Program, your entitlement to collect and redeem Rewards and your entitlement to any other benefits of the Club LUKOIL Rewards Program and supersede all previous versions. Except as expressly provided herein, LUKOIL North America and any applicable third parties reserve all rights with respect to the Club LUKOIL Rewards Program and the Club LUKOIL Site, 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 Club LUKOIL Site) in the event of any violations. LUKOIL North America may enforce these Terms and Conditions to the full extent of the law. When you deal with us over the Internet or via the Club LUKOIL mobile application, you consent to the formation of contractual relations through electronic communications. We are the final authority as to any questions or disputes regarding the Club LUKOIL Rewards Program or any Reward. We will not be deemed to have waived any of our rights even if we redeem Rewards when not required. All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes.
The Club LUKOIL Rewards Program, all rules and Terms and Conditions are governed by the laws of New Jersey ("Governing Law"). 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 either LUKOIL North America 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. 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 LUKOIL North America. 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.
20. Must Be At Least 18 Years Old to Use The Club LUKOIL Rewards Site
At the Club LUKOIL Site, LUKOIL North America makes no active effort to collect personal information from individuals under the age of 18. Although LUKOIL North America requires that users must be at least eighteen (18) years of age or older, you must nonetheless ensure that content you provide is acceptable for viewing by users who might not be adults.
21. Jurisdiction
The Club LUKOIL Site is controlled and operated by LUKOIL North America from the United States and is not intended to subject LUKOIL North America to the laws or jurisdiction of any state, country or territory other than
that of the United States. LUKOIL North America does not represent or warrant that the Club LUKOIL Site, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction other than that of the United States. Those who choose to download, access or use the Club LUKOIL Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to the United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.
22. Not Authorized to Do Business In Every Jurisdiction
LUKOIL North America is not authorized to do business in every jurisdiction. Information published on the Club LUKOIL Site may contain references or cross-references to goods or services that are not available in your state or country.
23. English Language
The official text of these Terms and Conditions or any notice provided hereunder shall be in English. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, the language of these Terms and Conditions as written in English will govern.
24. Choice of Law
The terms of these Terms and Conditions are governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. In addition, the parties agree to the waiver of a jury trial in connection with any dispute, claim or controversy arising out of or related to these Terms and Conditions.
25. Third Party Beneficiaries
The provisions of these Terms and Conditions are for the benefit of LUKOIL North America and you and not for any other person or entity; provided, however, that the Issuing Participants, Redeeming Participants and Transaction Information Providers shall be third party beneficiaries of the Disclaimers, Redemption of Awards, Collection and Use of Certain Information, Governing Law, Limitation of Liability, Indemnification, Arbitration, and Release provisions of these Terms and Conditions.