TERMS OF USE 

Last revised: August 2022  

 

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY INCLUDE 

IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, 

INCLUDING LIMITATIONS ON OUR LIABILITY TO YOU. 

 

These Terms of Use apply to your access to and use of all or part of the Chevron or Texaco mobile payment app (the “App”) and related ChevronTexacoRewards.com website (the “Website”) of Chevron Products Company, a division of Chevron U.S.A. Inc., its parent or an affiliated company (“we”, “our”, “us” or “Chevron”) and the Chevron Texaco Rewards (“CTR”) program managed by Drop Tank, LLC (“Drop Tank”) for Chevron that is available in select areas at participating Chevron- and Texaco-branded stations. By accessing or using the App and/or the CTR program, you agree to be bound by these Terms of Use and all terms incorporated by reference, including our Privacy Statement. If you do not agree to all these Terms of Use, you may not use or access the App or the CTR program. 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 agreements entered into on paper.

 

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 CTR program or your use of the App, Wesite or CTR program. The provisions of these Terms of Use will survive any such termination. If your use of the App, Website or CTR program is terminated pursuant to these Terms of Use, you may not use or attempt to use the App, Website or CTR program 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 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 when operating a moving motor vehicle under any circumstances.

 

To purchase fuel and car washes at participating Chevron- and Texaco-branded stations through the App, you must create an active account in the App or Website (“User Account”) by providing us the required information, including your username, phone number for your mobile device and email address, a password, and a 4-digit PIN. You must also activate the GPS locator within the App.

 

You agree to the following by creating a User Account:

 

• You are over the age of 18 (or over the applicable “age of majority” in the state in which you currently reside) and reside in the United States;

• You do not have any other User Account and you will only create 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 your username, password, 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;

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

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

 

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® Cards and Techron Advantage® Visa Cards, Visa, MasterCard, American Express, and Discover cards, 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 (watchOS) and Wear OS may also be used after installing the App.

 

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 through the use of 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- and Texaco-branded stations 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- and Texaco-branded stations 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- and Texaco-branded stations 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- and Texaco-branded stations 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 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. 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.

 

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- and Texaco-branded stations 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® 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.

 

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- and Texaco-branded stations 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® 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 or Website. 

 

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 Gas Rewards at participating Chevron and Texaco stations with your fuel purchase before pumping. If you do not follow the instructions on the dispenser to redeem any earned Gas Rewards, you will not redeem Gas Rewards with your transaction. To earn Gas Rewards, use your registered phone number at checkout when you shop at participating Albertsons Companies Banner stores.  See Gas Rewards Program terms and conditions for details.

 

3. Loyalty Program and Other Promotions, Offers and Discounts 

By creating a valid User Account, within the App or Website, you will be joining any loyalty program, such as the CTR program described below, that Chevron may decide in its sole discretion to offer in the future. 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, Chevron 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.

 

     CTR Program:  By creating a User Account within the App or Website, you will be enrolled to participate in the CTR program and will be eligible to earn on qualifying purchases and/or achievements (“Earn Offers”). The CTR program may not be currently available at Chevron or Texaco stations in your area. Participants in the CTR program may enter the phone number associated with their 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 use the App to earn or redeem points. Program available only to members of the CTR program and available only at participating Chevron and Texaco stations.  New account offers in the CTR program are only eligible for new User Account participants who have not previously created a User Account. We reserve the right to limit or reject the use of the CTR program or any Earn Offers, new account offers, or any redemption of points and suspend or terminate any related User Account upon the belief that any use of the CTR program or transaction is unlawful, unauthorized, or fraudulent in nature.

 

     Earning Points: Participants may earn points in the CTR program 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 in-store to earn points for specific in-store purchases.  

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 reserves the right to change or terminate any offers at any time with or without notice. 

    

     Redeeming Points:  To redeem points 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, 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 will expire due to inactivity after 182 days if you do not make a CTR program purchase transaction. Points will not expire if you make a CTR program purchase transaction within the last 182 days.  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 Chevron Texaco Rewards Support at ChevronTexacoRewards@cstoresupport.com or call 888-334-7469 from 8:00am to 5:00pm CST Monday through Friday, except holidays, for assistance with qualifying transactions which you believe did not result in proper points earned.

 

4. Communication Preferences

You must provide your mobile phone number and email address for your User Account. If you have already created your User Account with either your mobile phone number or email address, you will be asked to add the one you have not provided. The following terms will apply.

 

Email Messages. You will receive transactional email messages as well as information about the App, Website and CTR program (including periodic updates). You may also receive promotional announcements and other marketing messages and information from Chevron, and all third-party contractors engaged by Chevron (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. emailing ChevronTexacoRewards@cstoresupport.com or calling 888-334-7469 and requesting to be removed from our email marketing 

         distribution list;

    b. changing your account preferences via the App or Website;

    c.  following the opt-out mechanism in any marketing email you receive.

 

If you opt out, you authorize Chevron 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.

     

 

If you opt out, you authorize Chevron 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 CTR program, you are required to provide Chevron consent to send you autodialed text messages to authenticate your phone number. You will be asked to provide your consent to receive other text messages from Chevron. By agreeing to receive these other text messages, you authorize Chevron 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 Chevron, Chevron 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 by texting “Stop” in response to the texts or by changing your User Account profile on the App or Website at any time. Chevron will then communicate with you via the email address provided and/or through messages in the App. If you unsubscribe, you agree that Chevron 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; and

•   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 CTR program, 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 more than one User Account or create 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; 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 CTR program), 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 areis 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 theyit provides.

 

10. Trademarks

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Chevron 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-Chevron 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 

Chevron has its offices within the State of California, United States of America. Chevron 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 areis 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 PROGRAM, 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- and Texaco-branded stations), 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 Chevron, Drop Tank, and any program or app 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 CTR program 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 Chevron'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 Chevron, if any, for using the App and Website. 

 

15. Indemnity 

You agree to indemnify, defend and hold Chevron, Drop Tank, and any program or, App, or Website 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, or CTR program, 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 THESE TERMS OF USE, INCLUDING THE SCOPE, ENFORCEABILITY, VALIDITY OR APPLICATION OF THIS ARBITRATION PROVISION, THE RELATIONSHIPS RESULTING FROM THESE TERMS OF USE, THE BREACH OF THESE TERMS OF USE, 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 these Terms of Use. 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. 6001 Bollinger Canyon Road, 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 CTR program, may contain various third-party software components and services. By using the App or Website, you agree and consent to Chevron’'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 Chevron 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, Chevron is not responsible for the manner in which your data is processed.

 

18. Other 

These Terms of Use 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 of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire Terms of Use 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 of Use to any of our affiliates or to any third party, and such transfer will not affect your rights or obligations under these Terms of Use.

 

19. Changes to Terms of Use Statement 

Chevron may revise these Terms of Use at any time without notice. It is your responsibility to regularly check for changes to these Terms of Use because they will be binding on you. Any new or updated feature, content of the App, Website, or CTR program that will be made available through the App or Website will be subject to these Terms of Use. 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 CTR program, shall be subject to our Privacy Statement which is hereby incorporated by reference.

 

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