SPINX XTRAS TERMS AND CONDITIONS
These Terms apply to your access to, and use of, all or part of any website or mobile application related to the Spinx Xtras program (“Spinx Xtras”) of The Spinx Company, Inc. or its subsidiaries and affiliated companies (“Spinx”, “us”, “our”, “we”). When you enroll in Xtras as a member (“Member”) you are able to collect cents per gallon fuel discounts (“Discounts” and/or “Rewards”) by purchasing qualified products at participating Spinx locations and redeem the Discounts in your account (“Xtras Account” and/or “Spinx App”) for discounts on gasoline at participating Spinx fuel sites.
Spinx Xtras, the Spinx App and this Spinx Xtras website and/or mobile application are collectively referred to as the “Spinx Xtras Site” and/or “Sites” are hosted by MPPA on our behalf.
PARTICIPATION IN SPINX XTRAS
participating fuel sites and obtaining Discounts.
To access the Xtras Pay (“Xtras Pay”), you must have the Spinx Xtras Site on your mobile phone. Xtras Pay allows you to pay for goods and services at Spinx stores through a User linked payment source. Each time you initiate a transaction, you authorize us, or your agent, to charge your credit/debit card or to initiate an automated clearing house (ACH) debit to your checking account at the specified financial institution for the specified amount on or after the scheduled date. You agree that submitting the payment constitutes an explicit authorization for us, or your agent, to complete the electronic charge/transfer. Once you have authorized a payment, you will not be able to cancel the transaction. By choosing to pay with an eCheck, you give Spinx the right to resubmit any ACH debit you authorized that is returned for any reason, including by not limited to insufficient or uncollected funds, and to collect a $35.00 administrative fee for any attempted but failed transactions. Any collection efforts may be completed internally or via a third-party collections agency. Spinx reserves the right to refuse to process a transaction for any reason or without reason. If Xtras Pay is deactivated, suspended, closed or otherwise not valid, you will not be able to use Xtras Pay for payment. Spinx reserves the right to suspend or terminate your access to or use of Xtras Pay at any time, without notice and in its sole discretion. Data rates may apply from your mobile phone service provider, and you are responsible for those fees and charges. If you use Xtras Pay, you are responsible for maintaining the confidentiality of Xtras Pay, and you agree to accept responsibility for all activities that occur from Xtras Pay.
Discounts may be earned at participating Spinx locations.
You must identify yourself as a Member by presenting the Spinx Xtras Site and/or your Card/Spin App and/or other required information regarding your membership in Spinx Xtras when dealing with participating Spinx locations.
Discounts that you accrue as a result of your transactions with participating Spinx locations will be posted to your Account, and a summary of activity in your Account will be displayed on this Spinx Xtras Site. Discounts earned from a participating Spinx location will normally post to your account immediately, but we do not assume any liability for a failure to do so in a timely manner. You are solely responsible for checking your Account regularly to ensure that your Discounts are properly credited. If proper credit does not appear on your activity statement, you should contact us via this Spinx Xtras Site www.spinxxtras.com and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether Discounts 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.
Some Spinx locations may not participate in Spinx Xtras. We may refuse to record or honor Discounts in your Account, or if already recorded, we may cancel them, if we cannot confirm that they were properly issued or obtained. We may also cancel recorded Discounts if directed by the Discount-issuing location (for example, because you returned or did not pay for products or services for which the Discounts were issued). We are not responsible for any offer or Discount which is no longer in effect.
If you believe that any Account summary showing the number of Discounts in your Account is in error, you must notify us within 60 days of the date the Discount was issued or it will be deemed correct. You may be required to submit documentation to support your claim.
In the case of any failure by you to follow these Terms and Conditions or any other fraud or abuse related to Spinx Xtras, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding Discounts have been credited, 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 Discounts earned through Spinx Xtras may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Discount you receive upon redemption of Discounts that are subsequently deducted from your Account.
REDEMPTION OF DISCOUNTS
To redeem Discounts, you must present the Spinx Xtras Site and/or your Card/Spinx App and/or other required information when purchasing gasoline at participating Spinx locations. Your Discount will automatically be applied to the transaction either by reducing the per-gallon price of gas by the amount of the Discounts you have earned (for up to 20 gallons) prior to dispensing fuel or by applying the appropriate Discount amount to the total transaction (where this feature is available) after dispensing fuel once your Discount balance is transmitted to the participating Spinx locations.
NO DISCOUNT MAY BE REDEEMED UNTIL IT HAS BEEN CREDITED TO THE MEMBER’S ACCOUNT. DISCOUNTS AND CERTIFICATES HAVE NO CASH, MONETARY OR OTHER VALUE, CANNOT BE CONVERTED INTO ANY CURRENCY, AND MAY BE CANCELED AT ANY TIME. SPECIFIC DISCOUNTS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS ESTABLISHED BY SPINX. These transactions and all Discounts are subject to all applicable legal rules and the terms and conditions set by Spinx.
THE INFORMATION, PRODUCTS AND SERVICES ON THIS SPINX XTRAS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. SPINX AND MPPA DO NOT WARRANT THE INFORMATION OR SERVICES PROVIDED HEREIN OR YOUR USE OF THIS SPINX XTRAS SITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPINX OR MPPA WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THIS SPINX XTRAS SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS SPINX XTRAS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, SPINX AND MPPA CANNOT AND DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. SPINX AND MPPA CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SPINX XTRAS SITE.
You agree that you will not, and will not permit others to: (i) provide any unauthorized third party with access to Spinx Xtras or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary to Spinx and MPPA (collectively, “Content”) by any means; (ii) modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in Spinx Xtras; (iii) 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 Spinx Xtras; (iv) introduce into Spinx Xtras any code intended to disrupt Spinx Xtras, alter or delete its Content, access confidential Content on this Spinx Xtras Site or interfere with the operation of Spinx Xtras, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (v) post any material in any form whatsoever on this Spinx Xtras Site or within Spinx Xtras that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; or (vi) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of Spinx Xtras or (vii) otherwise act in a fraudulent, illegal, malicious or negligent manner when using this Spinx Xtras Site. Except as expressly provided herein, Spinx and MPPA reserve all rights with respect to this Spinx Xtras site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
You recognize the great value of the goodwill associated with Spinx Xtras and acknowledge that Spinx Xtras and this Spinx Xtras Site and all rights therein and goodwill pertaining thereto belong exclusively to Spinx and MPPA. 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 Spinx Xtras or thereafter: (i) attack the title or any rights of Spinx in or to the Spinx and MPPA trademarks used; (ii) attack the validity of these Terms and Conditions; (iii) do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, and other intellectual property in Spinx Xtras and/or this Spinx Xtras Site; (iv) claim (adversely to Spinx, MPPA or anyone claiming rights through Spinx or MPPA) any right, title or interest in or to the copyright, trademarks, and other intellectual property in Spinx Xtras and/or this Spinx Xtras Site; (v) misuse or harm the copyright, trademarks, and other intellectual property in Spinx Xtras and/or this Spinx Xtras Site or bring the Spinx Xtras into disrepute; (vi) for its benefit, directly or indirectly, register or apply for registration of Spinx or MPPA’s trademarks or any mark which is, in Spinx or MPPA’s reasonable opinion, the same as or confusingly similar to any of Spinx or MPPA’s trademarks; and/or (vii) for its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in Spinx or MPPA’s reasonable opinion, the same as, confusingly similar to or incorporates any of the Spinx or MPPA trademarks.
OWNERSHIP AND TRADEMARKS
Spinx, MPPA, 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) on this Spinx Xtras Site. Without the prior written consent of Spinx, 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, directors, databases, listing or software obtained from this Spinx Xtras Site. Systematic retrieval of content from Spinx Xtras 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 this Spinx Xtras Site without written permission from Spinx is strictly prohibited.
Nothing on this Spinx Xtras Site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark on this Spinx Xtras Site. Unless otherwise specified, this Spinx Xtras Site is for your personal and non-commercial use only and you may print, copy and download any information or portion of this Spinx Xtras for your personal use only. Copying or downloading material from this Spinx Xtras Site does not transfer title to any material on this Spinx Xtras Site to you. If you copy or download any information or software from this Spinx Xtras 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 Spinx, MPPA or such third party, which may own the marks.
Anything transmitted to this Spinx Xtras Site by you becomes Spinx’s property and may be used by us for any lawful purpose.
Spinx and MPPA reserve all rights with respect to copyright and trademark ownership of all material at this Spinx Xtras Site, and will enforce such rights to the full extent of the law.
COLLECTION AND USE OF CERTAIN INFORMATION
We may send you certain Spinx Xtras information that can include periodic statements of your Account and other information necessary for administration; marketing materials which will inform you of special offers and products we believe would be of interest to you; and marketing materials from third parties that have a relationship with Spinx Xtras. As a participant in Spinx Xtras, you have consented to receive all of the kinds of information described above. However, you will be given the opportunity to opt-out and not receive marketing information.
Certain parts of this Spinx Xtras 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 Spinx Xtras and this Spinx Xtras Site, and will allow access to Spinx Xtras and this Spinx Xtras Site only by authorized persons, and not by any program, expert system, electronic agent, “bot” or other automated means. You acknowledge that neither Spinx , MPPA 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 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 SPINX AND MPPA HAVE NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. If there is a breach of security through your Account, you will 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 Spinx and MPPA will have no obligation to inquire into the propriety of such instruction. You will not permit any use of Spinx Xtras and this Spinx Xtras Site that would damage, interfere with or unreasonably overload Spinx Xtras and this Spinx Xtras Site.
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 Spinx Xtras; (ii) change, discontinue or limit access to the Spinx Xtras Site or any functionality, feature or other component of Spinx Xtras; or (iii) suspend or terminate your use of or access to Spinx Xtras or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.
You may elect to close your Account at any time by notifying Spinx. Upon closure, any rights to redeem Discounts from that Account are lost.
LIMITATION OF LIABILITY
NEITHER SPINX, MPPA, NOR ANY OF OUR OR THEIR AFFILIATES OR RESPECTIVE OFFICERS OR DIRECTORS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER (COLLECTIVELY, “COSTS”), HOWEVER SUFFERED OR CAUSED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) SPINX XTRAS OR YOUR PARTICIPATION IN SPINX XTRAS ; (II) ANY FAILURE, DELAY OR DECISION BY SPINX OR MPPA IN ADMINISTERING SPINX XTRAS OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM DISCOUNTS; (III) UNAUTHORIZED USE OF YOUR CARD OR PIN; (IV) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT SPINX XTRAS MADE BY A SPINX OPERATOR OR ANY OF THEIR SUPPLIERS, OR ANY OTHER PERSON; OR (V) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF PARTICIPATING RETAILERS AND MERCHANTS. THIS APPLIES EVEN IF SPINX, MPPA OR SPINX OR MPPA REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH COSTS.
You agree to indemnify and hold Spinx and MPPA 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 breach by you of these Terms and Conditions, including without limitation, attorneys fees and costs. Spinx and MPPA reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You further agree to cooperate as requested by Spinx and MPPA in the defense of any claim. You shall not in any event settle any claim without the written consent of Spinx and MPPA.
TERMINATION, CHANGES AND BREACH
We may change these Terms and Conditions, any aspect of Spinx Xtras including issuing and redemption procedures or any Discounts in any respect, all without notice and even though changes may affect the value of Discounts already accumulated. For example, but without limitation, we may change time limits for collection, redemption or use of Certificates or Discounts; redemption conditions or procedures; or the value of purchases required for particular Discounts. If no Discounts are recorded in your Account for 24 months, you commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your Spinx Xtras privileges or act in any other way to the detriment of us, our participating retailers and merchants or Spinx Xtras, we may, without affecting our other rights, terminate your enrollment and/or cancel your Discounts and disclose only appropriate information requested by proper authorities. If a Discount expires or is cancelled for any reason, it becomes void without compensation.
SPINX XTRAS AND THIS SPINX XTRAS SITE INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SPINX AND MPPA MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF SPINX XTRAS, THIS SPINX XTRAS SITE OR THE MATERIALS, INFORMATION, OR FUNCTIONS MADE ACCESSIBLE. SPINX AND MPPA AND THEIR AFFILIATES ASSUME NO RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR THE USE OF SPINX XTRAS AND THIS SPINX XTRAS SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SPINX AND MPPA SHALL NOT BE LIABLE FOR ANY FAILURE OF SPINX XTRAS AND THIS SPINX XTRAS SITE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF SPINX OR MPPA.
MUST BE AT LEAST 18 YEARS OLD TO USE THIS SPINX XTRAS SITE
At this Spinx Xtras Site, Spinx and MPPA make no active effort to collect personal information from individuals under the age of 18. Although Spinx 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.
SPINX XTRAS SITE CONTROLLED FROM UNITED STATES
This Spinx Xtras Site is controlled from offices within the United States. Spinx and MPPA make no representation that content or materials in this Spinx Xtras Site are appropriate or available for use in other jurisdictions. Access to this Spinx Xtras Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Spinx Xtras Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
NOT AUTHORIZED TO DO BUSINESS IN EVERY JURISDICTION
Spinx and MPPA are not authorized to do business in every jurisdiction. Information published on this Spinx Xtras Site may contain references or cross-references to goods or services that are not available in your state or country.
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, reference shall be made only to these Terms and Conditions as written in English and not to any translation into another language.