MOBILE APPS AND REWARDS PROGRAMS TERMS OF USE /TERMS AND CONDITIONS (collectively, “Terms”)

 

Last revised: November 2024 

IMPORTANT! PLEASE READ THESE TERMS CAREFULLY AS THEY INCLUDE 

IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, 

INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU.  

 

These Terms apply to your access to and use of all or part of the Chevron, Texaco, or ExtraMile Rewards® app (the “App”) and related ChevronTexacoRewards.com and extramile.chevrontexacorewards.com websites (collectively, the “Website”) of Chevron Products Company, a division of Chevron U.S.A. Inc., ExtraMile Convenience Stores LLC (“EMCS”), their parent or an affiliated company (collectively, “we”, “our”, “us”, or “Company”) and the Chevron Texaco Rewards (“CTR”) and ExtraMile Rewards (“EMR”) programs (each a “Program” and collectively, the “Programs”) that are available in select areas at participating Chevron-, Texaco-, ExtraMile-branded locations. Locations are only participating in the EMR Program if they have signage advertising ExtraMile Rewards. Jacksons ExtraMile locations do not participate in the EMR Program. They only participate in the CTR Program. By accessing or using the App and/or the Programs, you agree to be bound by these Terms and all terms incorporated by reference, including our Privacy Statement. If you do not agree to all these Terms, you may not use or access the App or the Programs. You agree that we may make agreements with you by electronic means and that such agreements are authentic and valid and have the same legal effect as paper agreements. 

 

We reserve the right, in our sole discretion and without prior notice, to modify, suspend, terminate, withdraw, or discontinue all or any part of the App, Website or the Programs or your use of the same. The provisions of these Terms will survive any such termination. If your use of the App, Website or Programs is terminated pursuant to these Terms, you may not use or attempt to use the same under any other name, real or assumed, and if you violate this restriction after such termination, you must indemnify and hold us harmless from any and all liability that we may incur as a result of such unauthorized use or attempt to use.

 

Except as otherwise provided in the Privacy Statement  or as required by applicable law, we have no obligation at any time to return or otherwise provide to you or any third party on your behalf any content, any information you provide to us, or any other information that we may have that relates to you. 

 

While use of the App and Website are currently free of charge, we reserve the right to require charges for use of the App and Website or for any upgrades to or within the App and Website.

 

1. User Account and Payments

 

The CTR Program portion of the App and Website are intended for use by motorists who are legally entitled to operate a motor vehicle. Use of the App and Website are void where prohibited by applicable law and the right to access the App and Website are revoked in such jurisdictions. Do not use the App or Website or access any of the related Programs when operating a moving motor vehicle under any circumstances. 

 

To make purchases at participating Chevron-, Texaco-, and ExtraMile-branded locations through the App, you must create an active account in the App, Website, or kiosk at select locations (“User Account”) by providing us the required information, including your name, phone number for your mobile device and valid email address, and a 4-digit PIN. You must also activate the GPS locator within the App. You may be required to create a User Account in the App since your wireless carrier may not be supported to create a User Account on the Website. 

 

You agree to the following by creating a User Account: 

 

• You are 16 years or older and reside in the United States. If you are between 16 and the age of majority (as determined by the relevant state law), you may create a User Account and join the Programs only under the supervision of your parent or legal guardian who agrees to be bound by these Term

• You do not have any other User Account, and you will only create or use one User Account

• You will provide accurate, truthful, current and complete information

• You will maintain and promptly update your User Account information

• You will maintain the security of your User Account and protect its confidentiality, including 4-digit PIN and other login credentials• You will take responsibility for all the information contained in your User Account. You will not share your User Account with anyone else or create or use any other User Accounts with your mobile device

• You will accept all risks of unauthorized access or use of your User Account

• You will notify us immediately of any unauthorized access or use of your User Account

 

Creating a User Account in the above manner in the App, Website, or kiosk at select locations registers you in the CTR Program, EMR Program and any ExtraMile digital club program offered from time to time through the App and Website as described below. Upon registration, you will receive a Welcome Rewards offer that can be redeemed at any participating ExtraMile location or for new CTR Program members, at any participating Chevron and Texaco location. Limit of one (1) Welcome Rewards offer per member.

 

We may select the accepted forms of payment and reserve the right to modify them. At this time, payments via PayPal and Venmo accounts, and using Chevron and Texaco Techron Advantage Credit Cards and Techron Advantage® Visa® Cards, Visa, MasterCard, American Express, and Discover cards, ACH Payment through Checking  Pay™, Chevron and Texaco physical gift cards with PINs, Chevron and Texaco electronic gift cards (eGift Cards), Chevron and Texaco electronic promotional cards (ePromo Cards), Apple Pay, and Google Pay are available. Apple Watch (watch OS), Wear OS devices, Apple CarPlay, and Android Auto may also be used after installing the Chevron or Texaco apps (not available for the EMR Program app at this time).

 

By activating the payment feature on the App or Website, you are authorizing all purchases made from your account using the App. You understand that you are responsible for all transactions through the App, even unauthorized transactions or ones using an incorrect fuel pump number and agree that if you allow another individual to use or access the App, you are responsible for any transactions, even if that person exceeds your authorization. Save receipts from any transaction resulting from use of the App to compare against your records. We will not send you periodic statements showing the transactions conducted using the App. The transactions will appear on statements issued by your bank, credit issuer, or other financial institution or intermediary. Please note, Apple CASH is processed through Discover and will list Discover on your receipt when you use Apple CASH in Apple Pay as a payment method for your transaction. 

 

By using the App for a transaction, you represent and warrant that you have sufficient available funds for the transaction. If your payment method is declined, we reserve the right not to complete the transaction and cancel further processing privileges. You agree that we may complete and are not liable for a transaction even if that transaction results in your account being overdrawn. If we are unable to complete a transaction on the App, we do not have to notify you unless we are required to do so under applicable law. We reserve the right to limit the use of or reject payment from the App upon the belief that the transaction is unlawful, unauthorized, or fraudulent in nature. 

 

Payments via PayPal. You must have an active account with PayPal that is in good standing, and you must link that account to your User Account. Once you link your account this way, all transactions you make with or via the App, at participating Chevron, Texaco, and ExtraMile-branded locations will be charged to and/or processed through your PayPal account, subject to the terms and conditions of your agreements with PayPal. 

 

Payments via Venmo. You must have an active account with Venmo that is in good standing, and you must link that account to your User Account. Once you link your account this way, all transactions you make with or via the App, at participating Chevron, Texaco, and ExtraMile-branded locations will be charged to and/or processed through your Venmo account, subject to the terms and conditions of your agreements with Venmo. 

 

Payments via Chevron and Texaco Techron Advantage Cards and Techron Advantage Visa® Cards. You must have an active account that is in good standing, and you must link that account to your User Account. Once you link your account this way, all transactions you make with or via the App, at participating Chevron, Texaco, and ExtraMile-branded locations will be charged to and/or processed through this account, subject to the terms and conditions of your agreements with Synchrony Bank, the issuer of the cards.  

 

Payments using Visa, MasterCard, American Express, and Discover cards. You must have an active account that is in good standing, and you must link that account to your User Account. Once you link your account this way, all transactions you make with or via the App, at participating Chevron, Texaco, and ExtraMile-branded locations will be charged to and/or processed through this account, subject to the terms and conditions of your agreements with the issuer of the card. 

 

Payments using Checking Pay. You must have an active checking account that is in good standing, and you must link that checking account to your User Account. Once you link your account this way, all transactions you make with or via the App at participating Chevron, Texaco, and ExtraMile-branded locations will be charged to and/or processed through this account, subject to the terms and conditions of BIM Networks and your financial institution. You will receive a fuel discount of $0.05 off per gallon up to 25 gallons in a single purchase where available at Chevron- and Texaco-branded stations. 

 

Payments using Chevron and Texaco Physical Gift Cards with PINs, Electronic Gift Cards (eGift Cards), Physical Promotional Cards, and Electronic Promotional Cards (ePromo Cards).

You must have a valid Chevron or Texaco physical gift or promotional card with a PIN and balance, a Chevron and Texaco electronic gift card (eGift Card), or a Chevron and Texaco electronic promotional card (ePromo Card) and you must link the gift card, eGift Card, promotional card, or ePromo Card to your User Account as a payment method. Once you link the card to your User Account, you will be able to pay for transactions via the App as well as continue to use any physical card. Chevron or Texaco Gift or ePromo cards may be used for fuel and car washes at the pump and for in-store purchases using the Pay Inside feature. In-store purchases are not supported using Cards without transacting through Pay Inside. You can only pay for a transaction with one gift card, eGift Card, promotional card, or ePromo Card at a time and you cannot reload funds onto a gift card or purchase gift cards in the App. Chevron and Texaco eGift Cards and ePromo Cards can only be used through the App once they are linked as a payment method and physical promotional cards and ePromo cards expire on the date provided with the card. There is a limit of five (5) Chevron and Texaco gift cards, electronic gift cards, promotional cards, and electronic promotional cards that can be linked to your User Account at any given time. Chevron and Texaco gift cards, eGift Cards and ePromo Cards can also be used for in-store purchases at participating ExtraMile locations.

 

Payments using Apple Pay. You must have an active Apple Pay wallet set up on your phone to use Apple Pay in the App. Once set up, it will automatically appear as a payment method option in the App. Once you link your wallet, all transactions you make with or via the App, at participating Chevron, Texaco, and ExtraMile-branded locations will be charged to and/or processed through this wallet, subject to the terms and conditions of your agreements with the issuer of the card. At this time, Techron Advantage Credit Cards and Techron Advantage Visa® Cards cannot be used as payment methods through Apple Pay, however you can link them as a payment method directly within the App or Website. 

 

Payments using Google Pay. You must have an active Google Pay wallet set up on your phone to use Google Pay in the App. Once set up, it will automatically appear as a payment method option in the App. Once you link your wallet, all transactions you make with or via the App, at participating Chevron, Texaco, and ExtraMile-branded locations will be charged to and/or processed through this wallet, subject to the terms and conditions of your agreements with the issuer of the card. At this time, Techron Advantage Credit Cards and Techron Advantage Visa® Cards cannot be used as payment methods through Google Pay, however you can link them as a payment method directly in the App. 

 

Payments Using Pay Inside.  You may pay directly through the App inside the store with the payment methods linked to your User Account where available at CTR Program-participating locations. Apple Pay and Samsung Pay are not supported for Pay Inside.  

 

No Endorsement of Particular Payment Methods. The inclusion of any particular third-party payment methods in the App or Website, now or in the future, does not constitute our endorsement of those payment methods. We are not responsible or liable to you in any way for the functionality or quality of, or any losses, errors or results obtained from the use of, any third-party payment method.

 

2. Albertsons Rewards Points Program 

You can link your Albertsons for U™ or Safeway for U (or other Albertsons Companies Banner Stores for U) Reward Points Program member account by entering your registered phone number (“grocery gas rewards ID”) within the App or Website. You can also enter your grocery gas rewards ID at the dispenser at participating Chevron and Texaco stations. You then follow the instructions on the dispenser to redeem any earned rewards at participating Chevron and Texaco stations with your fuel purchase before pumping. If you do not follow the instructions on the dispenser, gas rewards will not be redeemed on the transaction. To earn gas rewards, use your registered phone number at checkout when you shop at participating Albertsons Companies Banner stores. See respective Albertsons Rewards Points Program terms and conditions for details. 

 

3. Loyalty Programs and Other Promotions, Offers and Discounts 

By creating a valid User Account within the App, Website, or kiosk at select locations, you will be joining and enrolled in any loyalty program offered by Company, including the Programs described herein, that Company may offer in its sole discretion. You will also be enrolled to participate in any specific ExtraMile promotions, discounts, member-only exclusive offers and/or digital-club programs offered from time to time at participating locations as further described herein. To create a User Account, you are required to provide Chevron consent to send you autodialed text messages to authenticate your phone number.   

 

In addition, Company may from time to time introduce promotions, offers or discounts for the use of the App. Any such promotion, offer or discount will be subject to the terms and conditions provided. 

 

Overview of Programs: By creating a User Account within the App, Website, or loyalty kiosk at select locations, you will be enrolled to participate in the Programs and will be eligible to earn on qualifying purchases and/or achievements (“Earn Offers”) and other member-only exclusive offers and discounts. You can also earn digital progress rewards towards Club Program items and discounts (“Digital Card Punches”) when making qualifying purchases for specific items to earn for a free item or discount with a certain number of purchases of a similar item. The number of Digital Card Punches needed to qualify for an item or discount will vary with each offer as detailed in the App or Website. Club Programs may vary by location and store. You can also receive exclusive discounts at participating ExtraMile locations on certain featured products as provided within the App or Website. You may enter the mobile phone number associated with your User Account (“Loyalty ID”) at the pump or inside at the POS terminal to earn or redeem points, and thus, it is not necessary to pay with the App to earn points or redeem rewards. Programs available only to members of the Programs and available only at participating Chevron, Texaco, and ExtraMile locations.  There is no purchase required to become a member. Members may not combine accounts. We reserve the right to limit or reject the use of the Programs or any Earn Offers, Welcome Rewards offers, or any redemption of rewards and suspend or terminate any related User Account at any time, including but not limited to upon the belief that any use of the Programs or transaction is unlawful, unauthorized, or fraudulent in nature. If you have a registered physical ExtraMile Loyalty Card, you must enter the registered phone number into the PIN pad to earn points on qualifying purchases or redeem rewards.  

 

Earning Points: Members may earn points by meeting the requirements of specific Earn Offers. 

 

Fuel Earn Offer (5 points per gallon): Enter your Loyalty ID at the pump, or in-store at the register, or initiate a fuel purchase using the App, when making a qualifying fuel purchase at a participating Chevron or Texaco station. You will earn 5 points per gallon of branded Chevron or Texaco fuel purchased. 

 

In-store Earn Offers: As marketed from time to time within the App and Website, enter your Loyalty ID or use the Pay Inside feature where available in-store to earn points for qualifying in-store purchases. In-store offers will specify whether they are for the CTR Program or EMR Program and will vary by product and the amount of points and uses available for each offer. CTR Program in-store offers will be available at all Chevron- and Texaco-branded locations participating in the CTR program and EMR Program in-store offers will be available at all ExtraMile-branded locations participating in the EMR Program. EMR Program in-store offers may include products that are also part of the ExtraMile Club Program. For these products, members may earn points as well as Digital Card Punches with the same purchase. (At this time, tobacco offers may not always combine with other EMR offers. For those offers, members will receive the highest available EMR discount or reward. This does not affect the CTR fuel or convenience-store offers.)

 

Birthday Offers: By providing your date of birth in your User Account, you will receive a bonus offer in the birthday month under both Programs if you entered your Loyalty ID with at least one fuel or qualifying in-store transaction in the previous month. 

 

Achievement Earn Offers: You may also earn points by reaching a qualifying achievement identified within the App or Website. 

 

Returns will not qualify for Earn Offers. Earn Offers are not transferable and may not be combined with other offers, sales, or promotions. Allow up to 72 hours for points to appear in your User Account after earning. A receipt for the applicable purchase(s) and/or transaction(s) may be required. Inquiries and/or receipts submitted outside 30 days from purchase date may be considered ineligible and/or void. Chevron and EMCS reserves the right to change or terminate any offers at any time with or without notice.    

 

Redeeming Rewards:  To redeem rewards earned, enter your Loyalty ID when making a fuel purchase at a participating Chevron or Texaco station, or initiate a fuel purchase using the App. The cents off per gallon reward associated with your current points balance, including any points earned by making qualifying in-store purchases, or any other available promotions, offers or discounts (collectively, a “Fuel Discount”) will be presented to you on the pump display and/or in the App. If you decline the available Fuel Discount, no points will be deducted from your account. Fuel Discounts are single use, non-transferrable, will apply to purchases with a minimum of 1 gallon and up to a maximum of 25 gallons and one vehicle per transaction, and in no event will the final fuel price be less than $0.01 per gallon.  Fuel Discount values are as follows:  50 points equals $0.05 cents off per gallon of Chevron or Texaco branded fuel; 100 points equals $0.10 cents off per gallon of Chevron or Texaco branded fuel; 250 points equals $0.25 cents off per gallon of Chevron or Texaco branded fuel; 500 points equals $0.50 cents off per gallon of Chevron or Texaco branded fuel.  

 

Expiration of Points: Your points and any related rewards will expire after ninety (90) days of inactivity. For example, points earned on October 1, 2024, will expire after December 30, 2024, if you have not entered your Loyalty ID with at least one fuel or qualifying in-store transaction during that timeframe. We reserve the right to reject, correct, cancel, or terminate any transaction for which the offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided at any time, even if the transaction has been confirmed by us and are not obligated to process or complete any transaction based on any error, misprint, or otherwise erroneous information. Contact Program Support at cccweb@chevron.com call 855-285-9595 from 8:00am to 5:00pm Central Time for assistance with qualifying transactions which you believe did not result in proper points earned.

 

Other Conditions:  Refunds, exchanges and other issues regarding any in-store purchases are governed by the store’s policies for the purchase and are not the responsibility of Company. Accrued Digital Card Punches have no cash value, are not transferrable, and are only redeemable for items, discounts and offers via the Program as featured on the App and Website. Digital coupons for product discounts in the EMR Program are redeemed for the promoted product by entering your Loyalty ID or using the Pay Inside feature where available. Coupons and discounts are subject to store availability and offers can be changed or removed at any time, at Company’s sole discretion. Points and rewards may not be combined, transferred or sold to any other person. Any attempt to combine, transfer or sell points or rewards to any other person will result in disqualification from the Programs and forfeiture of all points and rewards earned.  

 

Each member is responsible for ensuring the accuracy of his/her account and is encouraged to check his/her account regularly via the App or Website. Members have 15 days to report any inaccuracies through the App or Website or calling 855-285-9595 from 8:00am to 5:00pm Central time. Company reserves the right to require proof, including, but not limited to, the receipt showing a fuel or qualifying in-store transaction, and the right to request proof that the purchase was made by the member in compliance with these Terms. Company, in its sole discretion, reserves the right to reverse purchases previously credited to a User Account, if, upon request, a purchase cannot be properly verified.  Company’s decisions regarding the awarding of points are final and binding. If Company determines that previously verified purchases are invalid for any reason, Company reserves the right to remove the applicable purchases from the User Account. 

 

4. Communication Preferences

You must provide your mobile phone number and valid email address for your User Account. The following terms will apply. 

 

Email Messages. You will receive transactional email messages as well as information about the App, Website and Programs (including periodic updates). You may also receive promotional announcements and other marketing messages and information from Chevron and/or EMCS, and all third-party contractors engaged by Company (including special offers), from time to time. You may opt out of receiving these marketing emails at any time by doing one of the following:    

 

a.  Changing your account preferences via the App or Website   

b.  Following the opt-out mechanism in any marketing email you receive   

c.  Calling 855-285-9595 from 8:00am to 5:00pm Central Time 

 

If you opt out, you authorize Company and its third-party contractors to send you an email confirming your opt-out. Please note that opting out of the email marketing distribution list will not affect the ability to send you transactional email messages about your User Account.

 

Text Messages. To create a User Account and participate in the Programs, you are required to provide Chevron consent to send you auto-dialed text messages to authenticate your mobile phone number. You will be asked to provide your consent to receive other text messages from Company (Chevron and EMCS). By agreeing to receive these other text messages, you authorize Company and its third-party contractors to send text messages to the mobile phone number that you designate. These may include pre-recorded or autodialed messages and may include promotional or other marketing messages, such as special offers, from short code 311113. Standard text message service charges apply. Approved carriers include AT&T, Spring/Boost/Virgin, T-Mobile, MetroPCS, and Verizon Wireless; and T-Mobile is not liable for delayed or undelivered messages. If you do not provide your consent to receive these other text messages from Company, Company will communicate with you via the email address provided and/or through messages in the App or Website. Consent to receive these other text messages is not required to create a User Account or a condition of any purchase. You can unsubscribe from receiving these other texts from Chevron and EMCS by doing one of the following:    

 

a.     Changing your account preferences via the App or Website   

b.    Texting “Stop” in response to any text you receive   

c.     Calling 855-285-9595 from 8:00am to 5:00pm Central time 

 

If you unsubscribe via texting “Stop,” you agree that Company may send you one last text confirming the receipt of your request. You may also text “Help” if you are not sure what keywords are supported. 

 

App Messages. You may elect to receive push notifications through the App by allowing notifications upon downloading the App or at any time through your device settings. Data rates may apply. You can turn off Push Notifications at any time through your device settings. 

 

5. App Security 

You are prohibited from violating, or attempting to violate, the security of the App or Website. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the App or Website include without limitation: 

 

•   logging into or attempting to log into a server or User Account that you are not authorized to access

•   accessing data or taking any action to obtain data, information or services not intended for you or your use

•   attempting to probe, scan or test the vulnerability of any system or network

•   tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures

•   transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt, or otherwise impair or interfere with a computer's functionality or the operation of the App or Website. 

 

6. Other Prohibited Activity 

In using the App, Website, and/or Programs, you must not: 

 

•   Post, send or otherwise transmit to or through the App or Website any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person's privacy or other rights or any material that we in our sole discretion determine should not be posted or transmitted in the App or Website

•  Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others

•  Upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same

•  Misrepresent your identity or affiliation in any way

•  Engage in deceptive online marketing

•  Create or use more than one User Account or create or use a User Account for anyone other than yourself

•  Share your User Account information with any other person

•  Solicit account information from other users or access another user's account

•  Sell, gift, or trade your User Account with any other person

•  Violate any applicable laws or regulations

•  Engage in any conduct, including any fraudulent activity, designed to evade the terms and conditions herein; or assist or permit any persons in engaging in any of the activities described above. 

 

7. User Submissions

By using the App or Website (including with the Programs), you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of the App or Website may be shared with us. You must exercise caution, good sense, and sound judgment in using the App and Website. You are responsible for any material you place on or transmit to or through the App or Website. You agree, represent and warrant that any information you post to or transmit through the App and Website are truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics, or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility. 

 

8. Unsolicited Ideas 

We do not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through the App or Website that you consider to be confidential or proprietary. Any material that you transmit to or through the App or Website will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in the Privacy Statement or separate written agreement between you and us, you give us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that we have the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through the App or Website. 

 

9. License; Copyright 

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own personal use. Any use of the App in any other manner is prohibited. 

You may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the App or Website in any way; (ii) modify or make derivative works based upon the App or Website; (iii) reverse engineer or access the App or Website in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the App or Website, or (c) copy any ideas, features, functions or graphics of the App or Website; or (iv) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the App or Website and the services they provide. 

 

10. Trademarks

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Company or to other companies where so indicated. You may not reproduce, download, or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof. 

 

11. Links to Other Websites 

The App and Website may contain links to other non-Company websites or applications. These links are for convenience only. Certain of these linked websites or applications may make use of our proprietary intellectual property rights (such as trademarks, service marks, logos, and trade names) under license from us. We are not responsible for the availability or content of these websites or applications or for any viruses or other damaging elements encountered in linking to a third-party website or application. In addition, providing links to these websites or applications should not be interpreted as our endorsement or approval of the organizations sponsoring the websites or applications or their products or services. 

 

12. Jurisdictional Issues 

Company has its offices within the State of California, United States of America. Company makes no representation that materials in the App and Website are appropriate or available for use in other locations. Those who choose to access the App and Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the App and Website from jurisdictions where the contents of the App and Website are illegal or penalized is prohibited. Software from the App and Website are further subject to United States export controls. No information or software from the App or Website may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

 

13. Disclaimers

YOUR USE OF THE APP AND WEBSITE, INCLUDING WITH THE CTR AND EMR PROGRAMS, IS AT YOUR SOLE RISK. THE SERVICES PROVIDED BY THE APP AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that the services provided by the App or Website will be uninterrupted or error-free, that defects will be corrected, or that the App, Website, or the systems that enable it are free of viruses or other harmful components. We do not make any representations or warranties regarding the use or the results of the use of the services provided by the App or Website in terms of their quality, functionality, availability (including at any particular Chevron, Texaco, or ExtraMile-branded locations), reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 

 

The App and Website may be subject to limitation, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for unavailability of the App, Website, or any delays, failures, or other damage resulting from internet limitations. You understand that your wireless carrier may charge you for access to internet while using the App or Website. Any associated charges for internet for the use of the App or Website are solely your responsibility. You agree that you will not use the App or Website in any manner that violates the terms and conditions set forth by your wireless carrier. 

 

14. Limitation of Liability 

To the fullest extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Company and any program, app, website, or loyalty-kiosk vendors, or service providers and their respective directors, officers, employees, agents and contractors (collectively, “Indemnified Parties”) be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the services provided by the App, Website, and/or Programs and offers, even if the Indemnified Parties and their authorized representatives have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall Company’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to Company, if any, for using the App and Website.  

 

15. Indemnity 

You agree to indemnify, defend and hold Company and any program, app, or website, or loyalty-kiosk vendors, or service providers and their respective  directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorney's fees) or other expenses that arise directly or indirectly out of or from your (i) breach of these Terms of Use; (ii) violation of any applicable laws, rules, or regulations; (iii) violation of the rights of another; and/or (iv) activities in connection with the App, Website, loyalty kiosk, or Programs, including any unauthorized access or use of your User Account. We reserve the right to control the defense of any claim for which we are entitled to indemnification. In such event, you agree to provide us with such cooperation as we may reasonably request. 

 

16. Arbitration

EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS SECTION OR FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING THE SCOPE, ENFORCEABILITY, VALIDITY OR APPLICATION OF THIS ARBITRATION PROVISION, THE RELATIONSHIPS RESULTING FROM THIS AGREEMENT, THE BREACH OF THIS AGREEMENT, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. 

 

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online. If the AAA is unable or declines to administer the arbitration, a court of competent jurisdiction may appoint the arbitrator. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, or as otherwise required by the AAA. If the parties are unable to agree on a location, such determination should be made by the arbitrator. The arbitrator's decision will follow this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, provincial, territorial, or local agencies and, if the law allows, they can seek relief against us for you. 

 

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail. Our address for notice is Chevron Products Company, a division of Chevron U.S.A. Inc. 5001 Executive Parkway, Suite 200, San Ramon, CA 94583. The notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. 

 

If you are required to pay a filing fee, after we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which event you will be responsible for filing fees. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules.

 

If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA rules. 

 

Notwithstanding anything to the contrary in this Section, to the extent the claim arises from: (a) a violation of either party's intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of applicable computer fraud law; and/or (c) any claim for equitable relief; then you and we agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in California, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for claims that are within the scope of such court's jurisdiction in lieu of arbitration. 

 

17. Third-Party Software Components and Services 

The App and Website, including the Programs, may contain various third-party software components and services. By using the App or Website, you agree and consent to Company’s use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses, or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the App and Website, you (i) expressly relieve Company from any and all liability arising from your use of any third-party components or services embedded in the App and Website, and (ii) agree that, with respect to the third-party components and services, Company is not responsible for the manner in which your data is processed.

 

18. Other 

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire Terms between the parties relating to the subject matter herein and shall not be modified except in writing. We may transfer our rights under these Terms to any of our affiliates or to any third party, and such transfer will not affect your rights or obligations under these Terms. 

 

19. Changes to Terms

Company may revise these Terms  at any time without notice. It is your responsibility to regularly check for changes to these Terms because they will be binding on you. Any new or updated feature, content of the App, Website, or Programs that will be made available through the App or Website will be subject to these Terms. Your use of the App or Website after such changes constitutes your agreement to such changes. 

 

20. Privacy Policy

Any information or data you submit through or via the App, including the Programs, shall be subject to our Privacy Statement which is hereby incorporated by reference. 

 

If you have any questions regarding these Terms, please email cccweb@chevron.com.