In consideration of Pilot Travel Centers LLC's (together with its parent companies, subsidiaries and affiliates, including, but not limited to Pilot Corporation, Flying J Inc. and SFJ Inc., collectively referred to as "PTC") allowing you to use this software application (including its contents and services, the "App") and the services provided by and related to the App, you agree to be bound by the terms and conditions of this Agreement (the "Agreement"). You acknowledge and agree that you are 18 years of age or older, and that clicking the "I Accept" box at the bottom of this Agreement has the same effect as manually signing this Agreement with PTC and creates a valid and binding contract between you and PTC. You must read all of the terms and conditions as set forth herein prior to accessing or using the App. Your continued use of the App constitutes a continuing acceptance of this Agreement as it may be revised from time to time in PTC's sole discretion and without notice to you. This Agreement will be accessible from the App, and it is your responsibility to check this Agreement each time before you use the App for any revisions.
Use of the App
The App is the property of PTC, its licensors, dealers, vendors and contractors. You are granted a non-exclusive, revocable, and non-transferable limited license to view and use the App provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure any copyright notice or other notices found within the App. You do not have the right to sublicense your rights under this Agreement. Without the express written consent of PTC, you are not allowed (i) to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the App; (ii) to reproduce any part of the App or mirror any material contained within the App on any other server or application; or (iii) to link to or from the App.
PTC reserves the right, at its sole discretion, to deny access to the App or to take any other appropriate action if it believes that you or someone using your App has violated an applicable law or this Agreement, or for any other reason.
As consideration for your right to access and use the App, you agree that PTC has the right to allow the App to utilize the processor, bandwidth and storage hardware on any computer, smartphone, or other relevant device that you use to access or use the App for the purpose of facilitating the communication and transmission of content and other data or features to or from you and/or other users of the App. As additional consideration, you also agree to release PTC and indemnify PTC from any claims, actions, demands, costs, damages, liabilities and settlements related in any way to PTC's utilization of the processor, bandwidth and storage hardware on any computer, smartphone, or other relevant device that you use to access and use the App.
Product and Service Representation
The App may contain general information related to PTC travel center locations, daily fuel prices and amenities/accommodations (restaurants, number of parking spaces, number of diesel lanes, number of RV lanes, diesel exhaust fluid (DEF) availability and number of DEF lanes) available at each PTC travel center location, information related to points earned by participants in any of PTC's loyalty programs, links to and information from the PTC website and social media profiles, and an interactive customer service forum that will allow PTC customers to evaluate PTC travel centers that they visit. PTC makes no warranties, representations or guarantees that such information is accurate or that any service or product referenced in the material found in the App will be available at a specific time or at a certain store location.
Links to Other Websites or Applications
Prohibited Use of the App
As an express condition of your use of the App, you explicitly agree not to use this App for any purpose that is unlawful or prohibited by this Agreement. Also, you agree not to use the App in any way that could damage, disable, overburden, or impair the App, or interfere with others' use of it. Furthermore, you agree not to attempt to gain access to PTC's computer systems or networks connected to PTC through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the App.
PILOT TRAVEL CENTERS, PTC, PILOT, PILOT CORPORATION, FLYING J, PILOT FLYING J, FREQUENT FUELER ADVANTAGE, CRAZEE ABOUT COFFEE, and TRUCKERS FOR TOTS are all marks owned by PTC and may not be used without the express written permission of PTC. There are other trademarks, service marks, trade names and trade dress on the App owned by PTC. You may not use any PTC trademarks, service marks, trade names or trade dress without the express written permission of PTC.
PTC may use trademarks, service marks, logos, graphics, designs, names, and the like from third parties for display on the App. Such posting is done with the permission of these third parties, and such material is to be considered the exclusive property of the respective third parties.
All software and content included on the App, including all text, graphics, logos and images, is owned by PTC or third parties and is protected by United States and international copyright laws. You may view and use the content of the App in connection with your use of the App. Any other use, including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the content of the App is strictly prohibited, except as otherwise specifically set forth herein. You do not acquire ownership rights to any content or other materials viewed on or through the App. The posting of information or materials on the App does not constitute a waiver of any rights therein. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the App or any part thereof, unless this is expressly permitted or required by law, or unless you have been granted written permission to do so by an authorized representative of PTC.
THE APP IS PROVIDED BY PTC ON AN "AS IS" "WHERE IS" AND "AS AVAILABLE" BASIS. USERS OF THE APP ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE APP. PTC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE APP, THAT THE USE OF THE APP WILL MEET YOUR REQUIREMENTS/EXPECTATIONS OR THAT THE INFORMATION IS ACCURATE OR RELIABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, PTC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OF PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. PTC MAKES NO WARRANTIES THAT THE USE OF THE APP OR SERVICES AVAILABLE ON THE APP WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
IN ADDITION, PTC DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE APP OR ANY HYPERLINKED WEBSITE FOUND ON THE APP OR FEATURED IN ANY BANNER OR ADVERTISEMENT WITHIN THE APP. CONSEQUENTLY, PTC WILL NOT BE LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PTC OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
PTC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, PERSONAL INJURY, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM THE USE OF THE APP OR SERVICES AVAILABLE ON THE APP, THE UNAVAILABILITY OF THE APP, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF PTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall PTC Group's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE APP.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PTC. THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APP OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
In order to operate and provide the App, PTC may need to collect certain information about you, including your physical location/coordinates, which may be possible through the use of the global positioning system (GPS) found on any computer, smartphone, or other relevant device used by you to access or use the App. You hereby consent to PTC's tracking of your location for uses related to the operation and function of the App. In the event you want to revoke such consent, it is your obligation to turn off any GPS capability that your computer, smartphone, or other relevant device may have or uninstall the App from the computer, smartphone, or other device that the App was downloaded to. As long as the App is installed on your computer, smartphone, or other relevant device used to access and use the App, and even though you may not be using the App at a certain point in time, you understand that it is possible that PTC could still track your physical location if the GPS of your computer, smartphone or other device is turned on, and you hereby consent to such tracking for purposes related to the operation of the App.
To operate the App, PTC may also automatically upload information about your computer, smartphone, or other relevant device used to access or use the App, your use of the App, and performance of the App. PTC uses and protects that information as described in its online privacy statement. In particular, PTC may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of PTC or its customers, including the enforcement of its agreements or policies governing your use of the App; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of PTC employees, customers, or the public.
The App is for the benefit of PTC and its customers. PTC retains the right to block or otherwise prevent access to the App as part of its efforts to protect the App, protect its customers, or stop a third party from breaching this Agreement. The technology or other means PTC uses may hinder or break your use of the App.
You expressly agree that exclusive jurisdiction of any dispute with PTC, or in any way relating to your use of the App, resides in the federal or state courts located in Knox County, State of Tennessee and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving PTC or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers. This Agreement shall be governed and construed by the laws of the State of Tennessee, without respect to its conflict of laws principles. BY YOUR USE OF THE APP, YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). BY YOUR USE OF THE APP, YOU ALSO HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST PTC FOR CLAIMS DIRECTLY OR INDIRECTY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHE THEORY).
If you have any questions concerning the App, please email __________________.
You may not assign your use of the App. PTC may assign this Agreement or any part of it to any third party, without reservation, and in PTC's sole discretion.
Access to the App
Your use of the App may be inadvertently temporarily interrupted from time to time. PTC hereby reserves the right at any time and from time to time to temporarily or permanently modify or discontinue certain functions and/or features of the App, or the App in its entirety, without notice to you.
If you agree to the terms and conditions as set forth herein, click the "I Accept" box at the bottom of this Agreement. If you do not agree to the terms and conditions of this Agreement, you are not authorized to access or use the App. If you do not agree to the terms and conditions as set forth herein, click the "I Decline" box at the bottom of this Agreement.