QUIKTRIP DIGITAL PROPERTIES TERMS OF USE AGREEMENT

Welcome to QuikTrip! QuikTrip Corporation (together with its affiliates and subsidiaries, “QuikTrip”) has provided various digital properties, including without limitation its website (Quiktrip.com) and mobile application (collectively, the “Digital Properties”) for your convenience to help you learn about our company, services and products. In consideration of QuikTrip allowing you to use our Digital Properties and the services provided by and related to the Digital Properties, you signify your acceptance of and agreement to be bound by the terms and conditions of this Terms of Use Agreement (the “Agreement”).

Your use of the Digital Properties constitutes and evidences your express consent to these terms of use and your acceptance of this Agreement. You acknowledge and agree that your use of the Digital Properties has the same effect as physically signing this Agreement with QuikTrip and creates a valid, binding contract between you and QuikTrip. Therefore, please read all of the following terms and conditions carefully before continuing. Please be aware that these terms of use may be changed or updated at any time without prior notice. Changes are effective when posted on the Digital Properties. Please review them periodically for current information. If you do not agree to these terms and conditions and do not wish to enter into this Agreement, you should discontinue all use of the Digital Properties and obtain services through other resources.

OWNERSHIP, LICENSE AND RESTRICTIONS ON USE

All of the information and content on the Digital Properties, including but not limited to all text, graphics, images, software applications and code, video, audio, and user interface design (“Content”) is the property of QuikTrip or is being used by QuikTrip with the express permission of a licensor, and is protected by United States and foreign copyright laws and conventions. You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of Digital Properties or their Content for commercial or public purposes or for any other purpose not expressly permitted by these terms of use and this Agreement. The use of the Content on any other website, mobile application, or in a networked computer environment for any purpose, or any other republication, redistribution or use of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of QuikTrip.

The trademarks, service marks, logos, URLs and domain names, registered or not, (“Marks”) appearing on or in the Digital Properties are the property of QuikTrip and other parties. You may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent of the owner of such Mark. You may not include the QuikTrip name, logo or any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between the Digital Properties, QuikTrip and any other website, mobile application, person, entity or organization.

To assist and inform visitors to our Digital Properties, QuikTrip makes licensed or fair use of Marks belonging to third parties for display on the Digital Properties. QuikTrip makes no claim of ownership of these Marks, and such materials are to be considered the exclusive property of the respective third parties. QuikTrip’s use of Marks belonging to third parties is not intended to suggest affiliation with, sponsorship of, or endorsement by the Mark’s holder. QuikTrip hereby grants a non-exclusive, non-transferable, limited license to view the Digital Properties, and to print insignificant portions of materials retrieved from the Digital Properties, provided (1) it is used only for informational, non-commercial purposes, (2) the copyright notice or other notices are not removed or obscured, and (3) you do not violate any third party rights.

All information submitted to QuikTrip via the Digital Properties shall be deemed and remain the property of QuikTrip and we shall be free to use, for any purpose, anywhere and in any format, any ideas, concepts, know-how or techniques contained in the information you may provide to QuikTrip through the Digital Properties. QuikTrip shall not be subject to any obligations of confidentiality regarding such information, except as specifically stated in our privacy policies, specifically agreed to, or required by law. You are advised that QuikTrip does not want you to provide and prohibits you from providing any information or materials to QuikTrip that are defamatory, threatening, obscene, harassing, or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority. QuikTrip reserves the right, at its discretion, to refuse access to the Digital Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement.

LINKS TO THIRD PARTY SITES

From time to time, QuikTrip may provide links from the Digital Properties to a non-QuikTrip website or mobile application; likewise, QuikTrip may permit a link from a non-QuikTrip website or mobile application to the Digital Properties. Such links are for your convenience only. QuikTrip does not control or review any link, and accepts no responsibility for the content, products or services provided at these linked websites or mobile applications. If you decide to access such non-QuikTrip websites or mobile applications, you do so solely at your own risk and you should be aware that non-QuikTrip websites and mobile applications are governed by their own terms and conditions and privacy policies. Links to the Digital Properties may be made only with the permission of QuikTrip.

ACCURACY AND INTEGRITY OF INFORMATION

While QuikTrip attempts to ensure the integrity and accurateness of its Digital Properties, it makes no representations, warranties or guarantees as to the correctness or accuracy of the Digital Properties and/or any content thereon. It is possible that the Digital Properties could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made by third parties. If an inaccuracy arises, please let us know so that it can be corrected. The Digital Properties may contain information related to QuikTrip stores, as well as daily fuel prices, product prices, store specials, store facilities, store locations, service offerings and service availability. QuikTrip makes no warranties or guarantees that such information is accurate or that each service or product will be available at a specific time or at every store location.

ACCESS TO DIGITAL PROPERTIES

No warranty or representation is made that the Digital Properties, or any part or function thereof, will be available and not subject to interruption at any time. In the event access to the Digital Properties or a portion thereof is limited requiring a user ID and password (“Protected Content”), you agree to access Protected Content using only your user ID and password or your social media profile(s). You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Access to the Digital Properties may be revoked by QuikTrip at any time with or without cause or notice.

ONLINE AND MOBILE ORDERING

We may offer the capability through the Digital Properties to place orders for products and services for pick-up at a QuikTrip location. All orders placed using the Digital Properties are subject to availability and confirmation of order terms, including but not limited to the purchase price. The inclusion of any products or services on the Digital Properties does not imply or warrant the availability of such products or services, and availability and prices of products and services are subject to change at any time without notice.

Your submitted order is an offer to purchase, which shall be accepted only upon the later of (i) confirmation by email from QuikTrip, and (ii) payment in full for the order. QuikTrip reserves the right to refuse any order in its sole discretion for any reason, including but not limited to lack of availability, errors on the Digital Properties, and/or errors in the order. You agree to pay all charges incurred by you, on your behalf, or by your account through the Digital Properties, at the price in effect when such charges are incurred. By submitting your order, you represent that all details of your order are correct and that you are authorized to use the payment method used to place the order. You are solely responsible for any taxes applicable to your order.

By submitting an order, you consent to the collection and transmission of your personal information, including but not limited to your name, user name and password, address, email address, location, and payment data (including your credit card information), to QuikTrip and/or its trusted third party vendors to record, process, transmit, and store your personal information for the purposes of fulfilling your order, subject to QuikTrip’s Digital Privacy Policy.

You cannot make changes to an order once it is placed. QuikTrip in its sole discretion may permit you to cancel an order and issue a refund, if applicable, prior to the designated pick-up time on the order. No cancellations or refunds are permitted after the designated pick-up time. You may request a cancellation pursuant to the instructions provided in the confirmation email.

MOBILE MESSAGING PROGRAM

We may offer the capability to receive SMS/MMS mobile messages related to the Digital Properties (the “SMS Program”) by affirmatively opting in, such as through online, mobile, or application-based enrollment forms. Regardless of the opt-in method utilized, you agree that this Agreement and QuikTrip’s Digital Privacy Policy apply to your participation in the SMS Program. By participating in the SMS Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. Messaging and data rates may apply. You must have a wireless device capable of two-way messaging and be a wireless service subscriber with text messaging service permitting participation in the SMS Program. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. The SMS Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. QuikTrip will not be liable for any delays or failure of delivery of any mobile messages connected with the SMS Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of QuikTrip’s control.

If you desire to stop participating in the SMS Program, you agree to reply with the appropriate termination command as specified through such SMS Program (e.g., STOP, END, CANCEL, UNSUBSCRIBE, or QUIT) to a mobile message from QuikTrip in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth in the appropriate SMS Program or verbally requesting one of our employees to remove you from our list is not a reasonable means of opting out.

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the SMS Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your obligation to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying QuikTrip of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by QuikTrip, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

QT SMS Verification – We may use SMS/MMS mobile messages to verify account enrollments on our Digital Properties. For such verifications, the following terms shall apply:

1. The intent of this SMS program is solely used as a one-time password account verification.
2. This is not a subscription service and the end-user will only receive one message per request within the mobile app account verification page.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 1-800-247-3452.
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive one message per request. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. https://www.quiktrip.com/privacy/

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD QUIKTRIP HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY QUIKTRIP OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM QUIKTRIP ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

DISCLAIMERS; LIMITATION OF LIABILITY

No warranty. Content is provided for informational purposes only and should not be relied on. Our intent is to provide accurate and up-to-date content on the Digital Properties; however, that is not always possible. THEREFORE, ALL CONTENT, SERVICES AND FUNCTIONS ON THE DIGITAL PROPERTIES, OR ANY OTHER WEBSITE OR MOBILE APPLICATION LINKED TO THE DIGITAL PROPERTIES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties, in which event any required warranty applies to the minimum extent legally required.

No warranty or representation is made that any Content, service, product or function, including without limitation any downloadable files, available at or on the Digital Properties or any linked website or mobile application is free of computer viruses or destructive or harmful programs, software, code or devices which may erase, scramble, lock or disable any software, content or equipment or may prevent users from using a website or mobile application or any other item of hardware or software. You should routinely scan your system and downloaded files for such disabling devices.

From time to time QuikTrip’s Digital Properties may contain or provide information supplied by third parties. Any opinions, advice, statements, services, offers, or other information expressed or made available by a third party, are those of such third party and not QuikTrip. QuikTrip does not independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for Content displayed on the Digital Properties that may be provided by another party.

If you are dissatisfied with any portion or function of the Digital Properties, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Digital Properties.

IN NO EVENT WILL QUIKTRIP BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTIONS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE OR ANY OF OUR REPRESENTATIVES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO ANY USE OF OR INABILITY TO USE THE DIGITAL PROPERTIES, OR ANY OTHER LINKED WEBSITE OR MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, THEFT, UNAUTHORIZED ACCESS, DISCLOSURES OF COMMUNICATIONS, OR ANY FAILURE OF PERFORMANCE. Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages, in which event in such jurisdictions the foregoing shall apply to the maximum extent allowed by law.

UNLAWFUL AND PROHIBITED USE

As a specific condition of your use of any Digital Property, you explicitly agree not to use it for any purpose that is unlawful or prohibited by these terms of use and this Agreement. You expressly agree not to use the Digital Properties in any way that could damage, disable, overburden, or impair the same, or interfere with anyone else’s use. Furthermore, you agree not to attempt to gain access to any computer systems or networks connected to QuikTrip through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Digital Properties.

GOVERNING LAW AND JURISDICTION

These terms of use and this Agreement shall be governed by the laws of the State of Oklahoma, without regard to Oklahoma’s conflict of laws provisions. By using the Digital Properties you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Tulsa, Oklahoma for all disputes arising out of or relating to the use of the Digital Properties. QuikTrip does not represent that the information in or on the Digital Properties is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Those who access the Digital Properties do so on their own initiative and are responsible for compliance with all applicable local laws.

INDEMNITY

YOU SPECIFICALLY AGREE TO INDEMNIFY AND HOLD HARMLESS QUIKTRIP, ITS AFFILIATES, SUBSIDIARIES, STOCKHOLDERS, OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY CLAIM, DEMAND OR DAMAGE, INCLUDING REASONABLE ATTORNEYS’ FEES, ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OR CONDUCT ON THE DIGITAL PROPERTIES.

PRIVACY POLICY

Our Digital Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement and is set forth below. Accordingly, all terms contained herein, apply equally to the Digital Privacy Policy.

MODIFICATION

QuikTrip may amend these terms of use and this Agreement from time to time without specific notice to you. Any modifications to the terms of use and this Agreement will be effective immediately upon posting of, or reference to the posting of, such modification on the Digital Properties. It is your responsibility to review these terms of use and this Agreement each time you use the Digital Properties so that you are aware of any modifications made. Your continued usage of the Digital Properties shall represent and acknowledge your acceptance of the then-current form of the terms of use and this Agreement. For your convenience and future reference, the date of the current version of this Agreement is noted below. By continuing to visit and use the Digital Properties following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement.

ENTIRE AGREEMENT; SEVERABILITY

These terms of use and this Agreement incorporate by reference any notices contained in or on the Digital Properties and constitute the entire agreement with respect to your access to and use of the Digital Properties. If any provision of this Agreement is determined by any appropriate authority with proper jurisdiction to be unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

QuikTrip abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on an Digital Property that is controlled or operated by QuikTrip that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with QuikTrip’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice. To file a notice of infringing material on a Digital Property owned or controlled by QuikTrip please provide a notification containing the following details: