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Terms and Conditions


OVERRIDESM
Participant Terms and Conditions

Please read these terms and conditions carefully before using your Override Account and/or the Override Website (www.override.com). Registration of an Override Account and use of your Override Account and/or the Override Website confirms, by your action, your acknowledgement that you have received, understood and accepted these Participant Terms and Conditions. Override may revise these Participant Terms and Conditions at any time by updating the “Participant Terms and Conditions” displayed on the Override Website, which revisions will be binding upon you by your subsequent use of your Override Account and/or the Override Website. You will be responsible for keeping yourself up to date regarding these Participant Terms and Conditions. These Participant Terms and Conditions will be controlling in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials.

Definitions

“You”, “Your”, and “Participant” refer to the participant who registers with Override to create an Override Account.

“Override” refers to Override, the owner, sponsor and administrator of the Override Program.

“OverrideAccount” is an electronic record maintained and administered by Override for you upon your registration with Override reflecting your participation in the Override Program, the Discounts you have earned in the Override Program and the Discounts you have expended through Fuel purchases. Your Override Account balance will be shown in your Account Summary, found on the Override Website (the “Account Summary”).

“Override Program” is a motor fuel discount coupon program that lets you obtain discounts (“Discounts”) off the price per gallon of motor fuels (“Fuel”) purchased from participating Fuel Sellers (listed on the OverrideTM Website). The Override Program is not a credit card, debit card, bank card, gift card or stored value card program of any kind. Discounts may be earned on Qualifying Purchases (defined in the next section) of good and services from Partners. Partners will be listed on the Override Website, but may change from time to time. Override records the extent of Discounts earned on Qualifying Purchases or expended through discounted Fuel purchases based on data received from the Partners and Fuel Sellers Partners and Fuel Sellers will be expected to submit such files and data to Override within forty-eight (48) hours of the Qualifying Purchase from the Partner or the Fuel purchase from Fuel Seller, respectively, but Override is not responsible for any failure of a Partner or Fuel Seller to do so. Discounts may not be redeemed until credited to your Override Account. If you dispute the calculation of your Discounts, or your Override Account balance, you must notify Override in writing within thirty (30) days of the date of posting of the disputed transaction to your Account Summary. Otherwise, the Account Summary will be deemed to be correct and binding on you. Override’s decision in resolving any such dispute will be final and binding.

Calculation And Use Of Fuel Discounts

The amount of any Discount is determined by each Partner according to its own promotional program, which program may define which purchases from a Partner will be qualifying purchases leading to the creation of Discounts (“Qualifying Purchases”). Partners may also impose additional restrictions pertaining to the extent or duration of any Discount, including any expiration date applicable to a Discount. The terms and conditions of any Partner’s promotional program may be changed without prior notice from Override. To the extent any such restrictions cause the modification or termination of a Discount, it may be reflected in your Account Summary, however Override will not be responsible for any failure to do so, and no compensation will be owed to you due to any such modification or termination. If a Partner ceases to participate in the Override Program, Override will cease recording Discounts associated with the withdrawing Partner’s promotional program. Discounts may be accessed for use at a Fuel Seller’s by swiping your Override Card or Partner Card through the participating Fuel Seller’s POS terminal prior to purchasing Fuel. This will allow the Fuel Seller to receive and apply Discounts from your Override Account and send the Fuel purchase data to Override. Use of your Override Card will access all available Discounts in your Override Account. If you register a Partner Card with Override, you can access all available Discounts in your Override Account with that Partner Card, too. Use of a non-registered Partner Card will only access those Discounts obtained from that Partner’s promotional program.

Discounts may be applied to Fuel purchases up to the Fuel Seller’s posted price per gallon of the applicable Fuel. Discounts are non-transferable and may not be redeemed for cash or in-store merchandise. The Fuel Seller may impose additional restrictions affecting the Discounts, including prohibitions against combining Discounts with other Fuel Seller promotional programs, the maximum amount of Discounts to be honored per transaction, per customer, or per day, the maximum number of gallons that may be purchased using Discounts, the purpose for which Fuel may be purchased, and its own expiration dates applicable to Discounts. Any Fuel Seller’s restrictions affecting the Discounts may be changed without prior notice from Override. To the extent any such restrictions cause the modification or termination of a Discount, it may be reflected in your Account Summary, however, Override will not be responsible for any failure to do so, and no compensation will be owed to you due to any such modification or termination. If a Fuel Seller ceases to participate in the Override Program, Discounts will no longer be useable in connection with Fuel purchases from such Fuel Seller. The Override Program may be modified or cancelled at any time, without prior notice, and all Discounts shall thereupon be null and void and no compensation shall be owed to you for unexpended Discounts.

Lost or Stolen Cards

If your Override Card or Partner Card is lost or stolen, notify Override immediately at 1-866-774-7975 to deactivate access to your Discounts. Deactivation may take up to seven (7) days after you request it. Until deactivation, anyone may use your Card to access your Discounts, and Discounts expended by unauthorized persons will not be re-credited to your Override Account. There is a Five Dollar ($5.00) fee for issuance of a replacement for a damaged, lost or stolen Override Card. You must address replacement of damaged, lost, or stolen Partner Cards with the applicable Partner.

Override Account Closure

You may close your Override Account at any time by notifying Override at Override, 15 Rye Street, Portsmouth, New Hampshire 03801 or by calling 1-866-774-7975 Override may close any Override Account at any time without notice for violation of these terms and conditions. Upon closure of a Participant’s Override Account, any Discounts shown by such Participant’s Account Summary will be terminated without compensation to Participant.

Exclusion of Warranties and Limitation of Liabilities

Override shall have no liability for the delivery, design, function, or quality of any goods or services sold by any Partner or Fuel Seller, or your purchase or use thereof, or the accuracy of any data reported to Override by any Partner or Fuel Seller, nor for any inaccuracy or error, defect or malfunction of the Override Website or information contained therein, any Participant inability to access the Override Website or information contained therein, any misallocation or misuse of Discounts, nor any unauthorized access to the Override Website and/or misappropriation of information contained therein by any third party. The information contained on the Override Website including the Account Summary may contain technical inaccuracies or typographical or computational errors and Override shall have no liability for these errors, nor for any delays, loss or nonperformance caused by any matter beyond Override’s reasonable control, including without limitation, electrical power disruption, computer software or hardware malfunctions, telephone, data, or internet service disruptions, or the acts or omissions of any Partner or Fuel Seller. THE OVERRIDE WEBSITE AND OVERRIDE PROGRAM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OVERRIDE BE LIABLE FOR ANY PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, NOR FOR ANY DAMAGES OF ANY KIND WHATSOEVER WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR ECONOMIC LOSS, WITHOUT REGARD TO THE FORM OF ANY ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT ACTION) ARISING OUT OF OR IN CONNECTION WITH ANY USE, DISPLAY OF OR RELIANCE ON INFORMATION CONTAINED IN OR NOT CONTAINED IN THE OVERRIDE WEBSITE. OVERRIDE’S MAXIMUM LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

Participant’s Obligations

You represent, as a condition to participating in the Override Program, that you are at least eighteen (18) years old. You agree to comply with all of these Participant Terms and Conditions and all Partner and Fuel Seller rules, regulations, terms and conditions, as the same may be amended from time to time, and with all applicable laws and regulations. You agree to pay for all Fuel purchases and to pay for all Qualifying Purchases. You shall not transfer nor attempt to transfer any Discounts to any other person, nor use any Discounts to acquire Fuel for resale or for any purpose other than personal use. You will use the Override Website solely for purposes of accessing your own Account Summary and managing your own participation in the Override Program and will use your Cards solely as contemplated by these Participant Terms and Conditions. You represent that you: (i) have and will use your actual identity when registering for and using the Override Program and the Override Website; (ii) have provided true, accurate, and complete information; and (iii) will maintain and promptly update all information to keep it true, accurate, current and complete. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OVERRIDE, AND ITS SPONSORS AND PROGRAM PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS OR SHAREHOLDERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEYS FEES, TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATING TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ANY FALSE, INCOMPLETE OR MISLEADING REPRESENTATION OR STATEMENTS MADE BY YOU. THE FOREGOING INDEMNIFICATION AND DEFENSE OBLIGATIONS SHALL SURVIVE ANY CLOSURE OF YOUR OVERRIDE ACCOUNT.

Site Security

You agree that you have not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any other user or Participant; (iii) probe, scan, or test the vulnerability of the Override Website or circumvent security or authentication measures without proper authorization; (iv) attempt to interfere with any user or Participant or interfere with the business of Override or any Program Partner; or (v) send any unsolicited mail, including promotions and/or advertising of products and service.

Intellectual Property

Unless otherwise noted, all intellectual property (including copyrights, trademarks, service marks, trade dress and patents) relating to the Override name, Program and Website are owned, controlled or licensed by Override or its sponsors or affiliates. The compilation of all content in the Override Website is the property of Override or its sponsors or affiliates. Unauthorized copying or use of any intellectual property is expressly prohibited. Override may use third party trademarks of Partners or other entities on the Website. Such trademarks shall remain the intellectual property of their respective third party owners. Nothing herein shall be construed as granting by implication, estoppel, or otherwise, any license or right to use the Override Website or any information displayed or contained therein except as expressly permitted by these Participant Terms and Conditions or with the prior written permission of Override or the third party that may own the intellectual property.

Privacy Issues

Override may collect personal information that you provide when participating in the Override Program or using the Override Website. Override is concerned about privacy issues for all Participants. As part of these Terms and Conditions, please review the Override Privacy Policy.

Comments and Feedback

We welcome your comments, messages, ideas, suggestions and feedback (collectively “Comments”) concerning the Override Program and Website. All Comments will become the property of Override and your submission of any Comments shall constitute an assignment to Override of all worldwide rights, title, and interest in all copyrights and intellectual property in the Comments. Override will be entitled to use, reproduce, disclose, publish and distribute all Comments and related materials for any purpose whatsoever, without restriction and without any obligation to compensate you in any way.

Miscellaneous

If any part of these Participant Terms and Conditions is determined to be invalid or unenforceable, such part will be treated as if it did not exist (or interpreted, if possible, in a manner as to be enforceable) and the remainder will continue in full force and effect. These Participant Terms and Conditions will be interpreted under the laws of the State of New Hampshire, exclusive of its conflicts of law rules. Any litigation arising from the subject matter of these Participant Terms and Conditions may only be brought in a court located in New Hampshire. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to the Override Program or the Override Website must be filed within one (1) year after such claim or cause of action arose, or be forever barred. These Participant Terms and Conditions, as amended from time to time, contain the entire agreement between Override and Participant as to said subject matter, and can only be modified in writing by Override. Participant may not assign any rights or benefits accruing to it by virtue of participation in the Override Program.

OVERRIDESM
Local Business Network Partner Terms and Conditions

Terms:

  • All packages payable 30 days before deployment date.
  • Local Business Network (LBN) Partner must adhere to branding policies as outlined at OverridePop.com
  • LBN Partner understands that loyalty cards have a specific start and expiration date. LBN Partner agrees that it is their responsibility to inform their customers that the loyalty card's rewards activation code will expire within 45 days of the deployment date or 14 days after activation at Override.com, which ever comes first.
  • Each Package purchased by a LBN Partner covers one establishment, satellite or franchise location. Additional locations require additional payment during the service period. Additional locations can be purchased at a flat rate per location.
  • It is the LBN Partner’s responsibility to secure and distribute the Override loyalty cards at their own discretion within the 30-day promotional period and before the expiration date.
  • Override loyalty cards issued to the LBN Partner may not be sold.
  • Lost or stolen LBN Cards issued to the LBN Partner are the sole responsibility of the LBN Partner and will not be replaced by Override. LBN loyalty cards should be treated as cash.
  • Override and its partners disclaim all warranties expressed and implied, including without limitation, merchant ability, fitness for particular purpose and non-infringement. Override will, in no event, be liable for any special incidental exemplary consequential indirect or damages that arise out of or are related to this marketing, promotional, and loyalty package.
  • LBN Partner assumes all liability for the marketing, advertising of the loyalty program, including without limitation Override’s product and services.
Cancellations

  • Override reserves the right to cancel the LBN promotional activity that may violate any of these standards, terms and conditions and proper use without refund.
  • It is the responsibility of the LBN Partner to remove all and any reference to the LBN product at completion of Promotion period. The LBN Partner may not imply affiliation, or any connection to the LBN when no longer participating in the program.

 
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