Bell Buddy Rewards Program Terms and Condition (including arbitration agreement)
Effective as of April 1, 2019
Bell Buddy Rewards is a rewards program operated by BellStores, Incorporated and its affiliates, subsidiaries, and parent companies (collectively referred to as "we," "us," and/or "our"). We are a convenience store chain operating under the "BellStores" banner. Bell Buddy Rewards lets you earn rewards when you make qualifying purchases at BellStores.
These Terms and Conditions, and any additional ones we establish for certain offers (collectively the "Terms"), govern your participation as an individual in the Bell Buddy Rewards program. In connection with Bell Buddy Rewards, we operate the website, www.bellbuddyrewards.com, and our mobile applications and websites for BellStores (collectively, the "Bell Rewards Sites"). These Terms also govern your use of the Bell Rewards Sites.
By enrolling in Bell Buddy Rewards, receiving and using your Bell Buddy Rewards card, accessing www.bellbuddyrewards.com, accessing our services through our respective BellStores mobile applications and websites, and/or by clicking "I agree to the Terms and Conditions," you agree that you have read, understand, and agree to be bound by these Terms.
If you do not consent to these Terms, please do not access, browse, or use www.bellbuddyrewards.com, participate in Bell Buddy Rewards, use the services offered through the Bell Rewards Sites, or provide information to us.
Eligibility and Membership
There is no cost to join Bell Buddy Rewards. To be eligible to enroll in Bell Buddy Rewards, you must be an individual at least 18 years of age and have a residence in the United States.
When you enroll in the Bell Buddy Rewards program as a member ("Member") you are able to collect rewards ("Rewards") by, among other things, purchasing qualified products at BellStores and to redeem the Rewards for discounts at BellStores.
Once your Bell Buddy Rewards card or authorized alternative identification number is activated at www.bellbuddyrewards.com or at the Bell Buddy Rewards Mobile App and you have provided us with a valid e-mail address, we will establish an account in your name ("Account"). We may refuse to grant to you, and you may not use, a user name (or e-mail address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You agree to provide us with, and keep up-to-date, accurate, truthful and complete account information (including, but not limited to your e-mail address). You may only collect Bell Buddy Rewards in one Account. Your Account is non-transferable and may not be sold, combined or otherwise shared with another person, except as provided in this paragraph. If you violate these Terms, commit fraud or falsify information in connection with your use of the Bell Buddy Rewards or the Bell Rewards Sites, or take any other act which we feel is detrimental to us or Bell Buddy Rewards, in our sole and absolute discretion, we may terminate your Account, and you will forfeit any pending, current or future Bell Buddy Rewards. You may elect to close your Account at any time by notifying us in writing at email@example.com. Upon closure of your Account, any rights to redeem Rewards from that Account are lost.
Rewards for Fuel
You can earn Rewards allowing you to receive savings of $0.05 off per gallon of fuel on up to a maximum of 20 gallons of fuel for every $25 spent at BellStores on qualifying purchases. Your qualifying purchases add up and upon reaching $25 in qualifying purchases, you will see Rewards on your Account.
Rewards are not available on purchases of fuel, alcohol, tobacco products (including vaping products), lottery, money orders, car washes, gift cards, Marathon prepaid cards, all other prepaid cards, and sales tax.
You can also earn Rewards by participating in certain special promotions offered by us by purchasing certain qualifying products. Each promotion may vary in the amount of savings per gallon of fuel you may earn based on the express terms and conditions of such offer for certain qualifying products.
Rewards must be redeemed no later than the end of the month immediately following the month in which the Rewards were earned by you. The expiration date for the Rewards will appear on your Account. Rewards for fuel are cents per gallon discounts that are only valid on the purchase of gasoline and diesel fuel. Rewards are limited to twenty gallons of fuel per purchase, per vehicle in a single fuel transaction. If you wish to purchase additional fuel, you must start a new transaction, and you would have to redeem additional Rewards for such transaction. Any Rewards applied to a fuel transaction will be considered fully redeemed even if less than twenty gallons are purchased in that transaction. Rewards redeemed in a single fuel transaction cannot exceed our posted per gallon price for such fuel product minus $0.02. For example, if our posted per gallon price for regular unleaded fuel is $2.00, the maximum Rewards that you could redeem in such fuel transaction would be $1.98 per gallon up to 20 gallons resulting in an amount due to BellStores of $0.40 ($0.02 per gallon multiplied by 20 gallons). Rewards may not be transferred to other Accounts and must be redeemed using the same Account that was used at the time the Rewards were earned.
We may offer in-store promotions such as discounts and offers of free or discounted products with the purchase of certain qualifying products. The terms and conditions of such promotions will be posted on the Bell Rewards Sites or on in-store displays at BellStores locations. Promotions may only apply at certain BellStores locations and will be subject to the express terms and conditions of such promotions.
Rewards have no cash value. Rewards are not your property. Rewards are issued without separate payment or other consideration by you and exist at our sole discretion as part of a rewards program. Rewards cannot be purchased, redeemed for cash or for any other monetary value or currency, or used to pay any credit card or other credit device. Rewards may not be assigned, transferred, or pledged to any third party, except as specifically stated herein. Rewards may not be transferred by operation of law, such as by inheritance, in bankruptcy, or in connection with a divorce.
By becoming a Member of Bell Buddy Rewards, you choose to provide us with certain information necessary for registration, and you agree to update it from time to time so that it remains accurate.
Member Account Activity
Termination of Account
We may terminate, suspend, or modify the entire Bell Buddy Rewards program at any time for any reason or no reason at all, in our sole and absolute discretion, and without notice to you. Certain provisions of these Terms will by their nature survive termination of your Account and the Bell Buddy Rewards program, including without limitation, "Disclaimers," "Limitation of Liability," "Indemnification," "Governing Law," and "Arbitration."
Our Rights to Monitor Your Account
You hereby grant us and our affiliates, subsidiaries, and parent company the right to monitor your Account activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your Account or any of your activities relating to BellStores, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of Bell Buddy Rewards or your Account.
Changes and Modification of Terms
We may modify these Terms in any manner, at any time, in our sole and absolute discretion. Such changes may affect Rewards already received, including the opportunity to redeem such Rewards or their redemption rate or expiration date. We may provide notice of modification by posting the revised Terms at www.bellbuddyrewards.com dating the last modified date. Modifications to these Terms are effective immediately when posted. Except as set forth herein, modifications apply only to transactions and disputes that arise after the effective date. Your continued use of Bell Buddy Rewards after changes have been made to these Terms constitutes your agreement to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, your only recourse is to cancel your Account.
WE MAKE NO GUARANTEES, WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING BELL BUDDY REWARDS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF QUALITY, CONDITION, MERCHANTABILITY, FITNESS FOR INTENDED USE OR A PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE REGARDING BELL BUDDY REWARDS OR THE SERVICES, MATERIALS, OR GOODS ADVERTISED, PROMOTED, SOLD OR OTHERWISE MADE AVAILABLE AT BELLSTORES. WE HAVE NO RESPONSIBILITY FOR THE DELIVERY, STANDARD, QUALITY, SAFETY, USE, SUITABILITY OR ANY OTHER ASPECT OF ANY GOODS OR SERVICES ORDERED OR PURCHASED, EXCEPT WHERE REQUIRED BY LAW.
All Rewards are void where prohibited by applicable laws or regulations, and these Terms are subject to immediate change if necessary to comply with such laws or regulations. You release and hold harmless us, and our affiliates, subsidiaries, and parent company from all liability regarding your earning of and redemption of Rewards and/or your participation in Bell Buddy Rewards.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OR ANY OF OUR AFFILIATES, SUBSIDIARIES, OR PARENT COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ANY CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE (EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY SHALL APPLY HOWEVER DAMAGES ARISE, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH DAMAGES ARE INCURRED BY THIRD PARTIES, YOUR USE OR MISUSE OF BELL BUDDY REWARDS, YOUR INABILITY TO USE BELL BUDDY REWARDS, OR THE INTERRUPTION, SUSPENSION, OR DISCONTINUATION OF BELL BUDDY REWARDS.
You agree to indemnify, defend and hold BellStores, Incorporated, its affiliates, subsidiaries and parent company (and its and their officers, directors, employees, parent companies, affiliates, joint ventures, representatives and agents) harmless from and against any and all liabilities and costs incurred in connection with any claim directly or indirectly arising out of or related to any actual or alleged breach by you of these Terms, including without limitation attorneys' fees and costs.
Ohio law and federal law govern these Terms and any aspect of your relationship with us. These laws govern without regard to any conflicts of laws principles that would otherwise apply the substantive law of another jurisdiction. If any provision of these Terms is deemed to be invalid or unenforceable, such provision will not affect the validity and enforceability of the remaining Terms.
You may not sell, assign or transfer your Account and any Rewards you receive, any other aspect of your Bell Buddy Rewards, or any of your rights or obligations under these Terms, whether by operation of law or otherwise. We may sell, transfer, or assign the Bell Buddy Rewards program, these Terms, or your Account, in whole or in part, at any time, without notice to you. If we make such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and we will be released from any responsibilities or obligations.
The terms of these Terms are governed by the laws of the State of Ohio and federal law, without regard to its conflicts of law provisions, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BELL STORES, INCORPORATED, ANY OF ITS PARENT, SUBSIDIARIES, AFFILIATES OR RELATED PERSONS OR ENTITIES, 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 YOU ARE 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 Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. 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 inperson 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. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of these Terms 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 these Terms, 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 these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.