Terms and Conditions
TERMS OF USE AGREEMENT
BY ACCESSING OR USING ANY OF THE DIGITAL SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW AND ANY OTHER TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE CEASE USE OF THE DIGITAL SERVICES IMMEDIATELY.
These Terms of Use (“Terms”) govern your access to and use of any website, mobile application, online service, or other digital platform (collectively referred to as the “Digital Services”) provided by Holiday Oil, Inc., along with its affiliates, subsidiaries, and related companies (collectively, “we,” “us,” “our,” or the “Holiday Companies”). These Terms do not alter any other agreements you may have with us or any third party for products, services, or otherwise. Some programs related to our Digital Services may be offered and administered by third parties. We are not responsible for the actions of such third parties, and the agreements you make with such third parties govern your participation in such programs. By using the Digital Services on behalf of an entity, you confirm that you are authorized to accept these Terms on that entity's behalf and agree that the entity will indemnify us for any violations of these Terms. Please note that these Terms include provisions that limit our liability to you.
In cases of conflict or inconsistency between these Terms and any other terms of use appearing on the Digital Services, these Terms shall prevail. However, if you navigate away from our Digital Services to a third-party site, alternative terms and conditions may apply, as specified on that site, and those terms will govern your use of that third-party site. While we strive to provide accurate and timely information on the Digital Services, we make no guarantees, whether express or implied, regarding the accuracy, completeness, or timeliness of the information provided, and we are not obligated to update or correct any information.
We reserve the right to modify these Terms or any policies or guidelines of the Digital Services at any time, at our sole discretion. Any changes will take effect immediately upon posting the revisions on the Digital Services. By continuing to use the Digital Services after the posting of changes, you confirm your acceptance of those changes. Therefore, you should regularly review these Terms and applicable policies to stay informed about the terms and conditions governing your use of our Digital Services. If you disagree with any modifications, you must discontinue your use of the Digital Services.
ARBITRATION AND CLASS WAIVER NOTICE
Please note that these Terms include an arbitration clause and a class action waiver (see the “Dispute Resolution, Arbitration, Class Waiver” section below). By agreeing to these Terms: (i) you and the Company agree to resolve any disputes arising from or relating to these Terms, the Digital Services, or any related products or services through binding, individual arbitration rather than in court; and (ii) both you and the Company waive the right to participate in a class action or class arbitration. THIS MEANS THAT ALL DISPUTES WILL BE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND YOU ARE WAIVING YOUR RIGHT TO A COURT TRIAL OR PARTICIPATION IN A CLASS ACTION.
Eligibility, Registration, and User Account Information
Regarding minors, we do not knowingly collect information from individuals under the age of 16 through our Digital Services or offline, except when required to comply with legal obligations or for safety and security reasons.
NOTICE TO PARENTS AND GUARDIANS: If you are a parent or guardian of a child under the age of 13 who has provided information without your knowledge or consent, you may request the removal of the child’s information by contacting Customer Service at insert phone or by emailing us at privacy@holidayoil.com. This email is designated for data privacy matters only. For all other inquiries, please contact CustomerService@holidayoil.com.
To participate in certain areas of our Digital Services, you may need to register for an account. By doing so, you agree to (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) secure your account by not sharing your password with others and by restricting access to your account and devices; (e) promptly notify us of any security breaches related to the Digital Services; and (f) accept responsibility for all activities occurring under your account and assume all risks of unauthorized access.
Certain features of the Digital Services, such as our Loyalty Programs, store locator, feedback, account management, and social media interaction, may involve the use, maintenance, or transmission of your Personal Information, including but not limited to usernames, passwords, real names, email addresses, addresses, financial information (including banking details), virtual card information, GPS location data, and information from third-party social media accounts (collectively, “User Information”). For clarity, User Information does not include Feedback or Content.
By agreeing to these Terms or by using the Digital Services, you consent to the transmission of User Information to us, including to our agents and third-party partners, and consent to the receiving, collecting, storing, processing, transmitting, and using of User Information for Digital Services functionality and other purposes as disclosed in our Privacy Notice.
Specifically, for mobile applications, you are solely responsible for maintaining the confidentiality and security of User Information sent from or stored on your Apple® or Android device through the application.
You are also solely responsible for all transactions and activities conducted under your name in any Loyalty Programs, whether authorized or unauthorized. We are not liable for any financial loss or theft of User Information resulting from unauthorized or fraudulent transactions or activities related to the Digital Services.
Feedback and Content
You agree that any suggestions, questions, reviews, or messages you provide to us (“Feedback”) become our sole and exclusive property. We may, at our discretion, decide whether to disclose, respond to, incorporate, or otherwise use your Feedback. By submitting Feedback, you assign all rights, title, and interests in the Feedback to us, including any intellectual property rights. For the avoidance of doubt, Feedback does not include User Information or Content.
The Digital Services may include interactive features such as message boards, chat rooms, personal web pages, profiles, forums, and bulletin boards that allow you to submit, post, display, publish, or transmit comments, suggestions, questions, feedback, messages, photos, audio, videos, and other related content (the “Content”). By submitting Content, you represent and warrant that (x) you are the sole author and owner of the Content, and (y) the Content you provide will not violate these Terms, any applicable law, or cause injury to any person or entity.
You further represent and warrant that the Content is NOT, as determined solely by us, any of the following: false, inaccurate, misleading, in violation of any law, or otherwise obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, including as it relates to the harassment, degradation, intimidation, or victimization of an individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability; infringing on the rights of others, such as patents, copyrights, trademarks, trade secrets, publicity, or privacy rights; an advertisement, solicitation, or spam link to other websites or individuals (unless expressly consented to in writing by us); part of a chain letter or pyramid scheme; impersonating another business, person, or entity, including us and our employees or agents; or containing viruses or other harmful computer code.
YOU AGREE THAT ALL CONTENT SUBMITTED TO THE DIGITAL SERVICES WILL NOT BE CONSIDERED CONFIDENTIAL OR PROPRIETARY, AND YOU HEREBY GRANT US A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, WORLDWIDE, FULLY PAID-UP, UNLIMITED, AND NON-EXCLUSIVE LICENSE TO USE, REPRODUCE, CREATE DERIVATIVE WORKS FROM, MODIFY, PUBLISH, EDIT, TRANSLATE, DISTRIBUTE, PERFORM, AND DISPLAY THE SUBMISSION AND/OR THE CONTENT IN ANY MEDIA OR MEDIUM, OR ANY FORM, FORMAT, OR FORUM WHETHER NOW KNOWN OR HEREAFTER DEVELOPED. YOU HEREBY ACKNOWLEDGE THAT ANY CONTENT YOU PROVIDE DIRECTLY OR INDIRECTLY MAY BE PUBLICLY ACCESSIBLE OR VIEWABLE.
You further acknowledge that we have the right, but not the obligation, to (i) monitor all Content and submissions made to or on the Digital Services, and (ii) edit, delete, move, or refuse to post any Content or submission at our sole discretion. HOWEVER, YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT OR SUBMISSION YOU MAKE TO OR ON THE DIGITAL SERVICES, AND YOU AGREE TO INDEMNIFY US FOR ANY CLAIMS RELATED TO OR ARISING FROM SUCH CONTENT OR SUBMISSIONS.
You agree not to submit any Content to, on, or through the Digital Services: (i) with the intent to compete with us or the Digital Services; (ii) containing (x) unsolicited promotions, advertisements, contests, or raffles, or (y) fabricated, false, illegal, misleading, inaccurate, offensive, or inappropriate information; (iii) infringing or violating (x) our intellectual property rights or those of any third party, (y) any other rights of ours or any third party (including contractual rights), or (z) any applicable federal, state, or local laws, regulations, or ordinances; (iv) that includes another person’s or entity’s identification or sensitive information; (v) that violates any of these Terms or any other agreements you may enter into with us; or (vi) on behalf of any other person or entity where such other person or entity would violate the above restrictions or any of these Terms.
Loyalty Program
We may provide you with the opportunity to participate in our loyalty program ("My Holiday") through the Digital Services. My Holiday allows participants to earn points on eligible purchases and redeem them for rewards, discounts, or other benefits specified by us, including the option to donate points to organizations or causes through charitable events. Membership in My Holiday is available to individuals aged 18 or older who enroll via the Digital Services ("Members").
Points in the My Holiday program are earned on qualifying purchases made at participating Holiday Oil locations. Some products, services, or promotions may be excluded from earning points at our discretion. Points are not awarded for purchases made with gift cards, nor for returns, refunds, or fraudulent transactions (any points obtained under such circumstances may be revoked). Points will be credited to your My Holiday account within a designated period following the eligible purchase. The rate at which points are earned and the points required for rewards are determined by us and are subject to change at any time without notice.
Points may be redeemed for rewards as announced periodically. Rewards can include discounts, free products, or other benefits, depending on availability. To redeem points, you must follow the instructions provided through the Digital Services. Points cannot be exchanged for cash or transferred to other accounts, and they may be subject to expiration.
We reserve the right to modify, suspend, or terminate My Holiday, including the points system, rewards, or these terms, at any time without prior notice. Any changes may impact the value of points or your ability to redeem them. You may end your participation in My Holiday at any time by contacting customer service, but any remaining points in your account will be forfeited upon termination. If we suspect fraud, misuse, or a violation of these terms, we may terminate your account and participation in My Holiday, resulting in the forfeiture of any accumulated points.
Use of Digital Services
We retain sole responsibility for the Digital Services. Neither Apple, Inc. (Apple Store), Google, Inc. (Google Play), nor any other app store or marketplace is responsible for our mobile apps or their contents.
The Digital Services and their contents are our property or that of our licensors and contractors. You are granted a personal, non-exclusive, non-transferable, limited, and revocable license to access and use the Digital Services and their contents for personal, informational, and shopping purposes only. This license is subject to these Terms and does not include: (a) any resale or commercial use of the Digital Services or their contents; (b) the collection and use of any product listings, images, or descriptions; (c) the public performance or public display of any Site Materials; (d) modifying or creating derivative works of the Digital Services or their contents; (e) using any data mining, robots, or similar data gathering or extraction methods; (f) downloading any part of the Digital Services or their contents, except as expressly permitted; or (g) any use of the Digital Services or their contents other than as intended. Unauthorized use of the Digital Services or their contents is prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws. Nothing in these Terms shall be construed as granting any title or ownership of, or exclusive rights to, any intellectual property.
We reserve the right to refuse access to the Digital Services or take any appropriate action if we believe a visitor’s conduct violates applicable law or these Terms. We also reserve the right to withdraw or amend the Digital Services, and any services or materials provided on the Digital Services, at our sole discretion without notice.
Mobile Devices & Third-Party Restrictions
When accessing our Digital Services on mobile devices or requesting text messages, you are responsible for any standard charges from your mobile carrier. You will only receive text message alerts from our Digital Services if you expressly agree to receive them. Standard or other text messaging rates may apply according to your wireless carrier’s rate plan. We recommend reviewing your plan for details. We are not responsible for any charges incurred by you or others with access to your device or telephone number due to text messages received based on requests from your device or account.
If you access our Digital Services through a mobile application or another third-party platform, the applicable terms for the platform through which you downloaded the mobile application (including without limitation the Apple App Store or Google Play Store) may apply in addition to these Terms. You agree to be subject to such platform terms in addition to these Terms. Any mobile apps installed from the Apple App Store or Google Play Store must be installed on a device you control or own and must be used in accordance with the Usage Rules set forth in the applicable terms and conditions of the app store or platform, except that the mobile apps may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Permitted Use of Mobile Applications
Our Mobile Applications (“Mobile Apps”) are protected by copyright and may not be sold, redistributed, copied, made available to the public, or used to create derivative works without our express written consent. You may not attempt to decompile, reverse engineer, disassemble, or modify our Mobile Apps or compromise the security of data stored or transmitted by our Mobile Apps.
In-App Purchases
Our Mobile Apps may allow you to make in-app purchases at the cost indicated within the app. If you choose to make a purchase, the operator of the Mobile Apps store (such as Apple App Store or Google Play Store) will process your payment, subject to the terms and privacy policies of the processing party. We are not responsible for any errors by these in-app purchase stores. Please review the Apple Required Terms and Additional Terms Relevant to Google Inc. below.
Prohibited Use of the Digital Services
You agree that all information you provide on the Digital Services must be accurate, current, and complete. As a condition of using any Digital Service, you explicitly agree not to use it for any purpose that is unlawful or prohibited by these Terms, as such use could lead to criminal or civil prosecution. You also agree not to use the Digital Services in any way that could damage, disable, overburden, or impair them, or interfere with others’ use. Furthermore, you agree not to attempt to gain unauthorized access to our systems or networks through fraud, hacking, password mining, or other means, or to reverse engineer any part of the Digital Services. Additionally, you agree not to (i) impersonate or attempt to impersonate us, our employees, another user, or any other person or entity; (ii) use the Digital Services in any manner that is obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity; (iii) use the Digital Services in a manner that may harm us or our affiliates, subsidiaries, licensees, officers, directors, employees, contractors, agents, or suppliers; (iv) attempt to interfere with or disrupt the operation of the Digital Services or the servers or networks that host the Digital Services; (v) use any data mining, robots, scrapers, or similar data collection methods; or (vi) access or use the Digital Services for any purpose beyond the scope of the authorization granted under these Terms.
Product and Service Information
The information and materials provided on or through the Digital Services are for general information purposes only. The Digital Services may include details about our company, daily fuel prices, product information, pricing, store specials, manufacturer’s rebates, store facilities, store locations, service offerings, and other special offers. We make no warranties or guarantees regarding the accuracy or availability of such information or that each service or product will be available at a specific time or at every store location.
Account IDs & Passwords
To access certain portions of the Digital Services or resources offered through the Digital Services, you may be asked to provide registration details or other information, such as user identification numbers, names, or passwords (“Account IDs”).
You are solely responsible for maintaining the confidentiality of your Account IDs and must take appropriate measures to protect against misuse and unauthorized access to secure areas of the Digital Services through any means, including unauthorized access to your Account IDs. Misuse or unauthorized access includes any disclosure, release, viewing, or other access to information obtained through the use of your Account IDs. You agree that we may suspend your access pending an investigation into the use of your Account IDs. You agree to cooperate fully with any investigations. You must notify us immediately of any unauthorized use of your Account IDs. You agree that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and that we will not be liable for any loss or damage arising from your failure to comply with these obligations.
Third-party Sites and Content (Links to Other Websites)
The Digital Services may contain links to other websites hosted, operated, or managed by third parties. These links are provided for convenience, and their inclusion does not constitute an endorsement by us of the content or use of such websites. If you choose to visit any linked website, you do so at your own risk. We make no warranties or representations and disclaim any liability related to any linked website or its content. We are not responsible for the terms of use or privacy practices of any linked website. We strongly recommend reviewing the terms of use and privacy policies of every linked website you visit.
Trademarks
All trademarks, service marks, product names, company names, domain names, logos, trade names, trade dress, and other indicia of ownership displayed or available on our Digital Services are our marks or are licensed to us by third parties and may not be used without our express written permission. You may not use any trademark, service mark, product name, company name, domain name, logo, trade name, trade dress, or other indicia of origin or ownership without permission from the owner and in accordance with applicable laws.
In countries where our trademarks or other intellectual property are not registered, we claim other rights associated with unregistered trademarks, trade dress, copyrights, service marks, logos, graphics, designs, names, and similar materials.
To assist and inform you and other users of our Digital Services, we may make licensed or fair use of third-party trademarks, copyrights, service marks, logos, graphics, designs, and names. We make no claim of ownership over these marks, and they are considered the exclusive property of the respective third parties. Our use of third-party marks is not intended to suggest corporate affiliation with, sponsorship of, or endorsement by the mark’s holder.
All rights not expressly granted are reserved.
Copyrights
All software, content, and copyrights included on the Digital Services, including all designs, text, graphics, logos, images, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Site Materials”), are our property or that of third parties and are protected by United States and international copyright laws. Any use of the Site Materials or Digital Services, including reproduction, copying, distribution, transmission, republication, display, or creation of derivative works, is strictly prohibited except as expressly authorized in these Terms. You do not acquire ownership rights to any content or materials viewed on or through the Digital Services. Posting information or materials on the Digital Services does not constitute a waiver of any rights therein.
Notification of Claimed Copyright Infringement
If you believe that content posted on our Digital Services infringes your company’s or any third party’s copyright ownership or other intellectual property rights, you are requested to immediately contact our Copyright Agent as described below. To report any alleged infringement, please provide a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”):
Your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
A statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
A detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
If your claim is based on a registered work, the registration number and the date of issuance of the registration;
A description of the infringing material and the URL where such material is located on the Digital Services, or a description of where you found such material on our Digital Services;
Your written statement that you believe, in good faith, that the use of the work on our Digital Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and
A statement that all of the information you have provided is true.
Please send your notice of alleged infringement to:
insert address for alleged infringement notification
Email: legal@holidayoil.com
In accordance with the DMCA, it is our policy to terminate the use of our Digital Services by repeat infringers in appropriate circumstances.
Location Services
Our mobile app may utilize geo-location services when you permit access to your location via your mobile device settings. If you allow us to access your location, we may use this information to provide services through the mobile app, market additional products and services to you, and conduct internal research based on your location. By enabling location access, you consent to the collection, use, sharing, and transfer of your geo-location data with us and third-party providers who facilitate the services available through the mobile app. You may turn location access on or off by visiting the “Settings” portion of your mobile device.
Digital Services Disclaimer - No Warranties
THE MATERIALS AND INFORMATION ON THE DIGITAL SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS, INFORMATION, AND SERVICES ON THE DIGITAL SERVICES ARE PROVIDED “AS IS” WITHOUT ANY CONDITIONS, WARRANTIES, OR OTHER TERMS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS TO THE DIGITAL SERVICES AND THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATED COMPANIES AND SUBSIDIARIES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND SUBCONTRACTORS (“COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE DIGITAL SERVICES, THE CONTENT, OR OTHER MATERIALS CONTAINED IN OR ACCESSED THROUGH THE DIGITAL SERVICES. THIS INCLUDES DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THE DIGITAL SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE, ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE DIGITAL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE DIGITAL SERVICES SHALL BE BROUGHT WITHIN ONE YEAR OF THE ACT OR OMISSION GIVING RISE TO THE CAUSE OF ACTION. IF A CLAUSE OR LIMITATION CONTAINED HEREIN IS INAPPLICABLE IN A JURISDICTION, IT DOES NOT AFFECT THE APPLICABILITY OF ANY OTHER REMAINING CLAUSES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DIGITAL SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGITAL SERVICES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THEM.
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND US. THE DIGITAL SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE DIGITAL SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.
Electronic Messaging
While we use encryption/security software to protect electronic messaging, we cannot fully ensure the security and privacy of such communications. These communications may be intercepted without your or our knowledge or permission. Although we take reasonable precautions to protect your information, if you are concerned about the sensitivity of the message content, we suggest that you do not use electronic messaging.
Electronic messaging is subject to our Electronic Messaging Disclaimer, which can be viewed below:
ELECTRONIC MESSAGING DISCLAIMER
We permit the use of electronic mail and other forms of electronic communication (collectively, “Electronic Communications”) in furtherance of business activities and as consistent with our policies. This Electronic Messaging Disclaimer (the “Disclaimer”) applies to all Electronic Communications (i) occurring through the use of our Digital Services; (ii) related to our Digital Services, Site Materials, or other business; and/or (iii) with us or our employees. YOUR PARTICIPATION IN ANY SUCH ELECTRONIC COMMUNICATIONS CONSTITUTES YOUR CONSENT TO AND AGREEMENT WITH THE FOLLOWING:
You agree to assume all risks associated with Electronic Communications;
You understand that Electronic Communications are not private and are subject to monitoring and review by us at our sole discretion, provided that we have no duty to maintain Electronic Communications except as required by law;
We expressly prohibit harassing, discriminatory, offensive, or otherwise inappropriate Electronic Communications;
We may block, prohibit, or restrict the use of Electronic Communications at any time;
We are not obligated to process, act upon, or respond to Electronic Communications;
We are not obligated to honor any order, trade, request, instruction, or cancellation unless and until we transmit express confirmatory documentation;
You agree to comply with all applicable laws, rules, and regulations related to Electronic Communications and understand that we have no duty to ensure your compliance;
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, LOSSES (INCLUDING LOSS OF PERSONAL OR PROPRIETARY INFORMATION), COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RESULTING FROM (i) ELECTRONIC COMMUNICATIONS; (ii) THE UNAVAILABILITY OF ELECTRONIC COMMUNICATIONS; AND/OR (iii) ANY ACTION TAKEN OR NOT TAKEN BASED UPON ELECTRONIC COMMUNICATIONS;
This Disclaimer shall be governed by the laws of the state of Utah; and
We reserve the right to amend or alter the terms of this Disclaimer at any time without notice.
Modification and Effectiveness
We may amend or replace any part of this Agreement or any applicable Additional Terms without specific prior notice to you. Any modifications will take effect immediately upon posting on our Digital Services. It is your responsibility to review the Agreement and any applicable Additional Terms each time you use the Digital Services to stay informed about any changes. By continuing to use the Digital Services, you accept the then-current form of the Agreement and any applicable Additional Terms. The date of the current version of this Agreement is noted below for your reference. If you object to any changes, your sole recourse is to discontinue using the Digital Services.
Dispute Resolution, Arbitration, Class Waiver
Any dispute arising out of or relating to your use of our Digital Services or any products, services, or information obtained through our Digital Services shall be submitted to confidential, binding arbitration in Salt Lake City, Utah, or, at your election, in the county seat of the county within the USA where you reside. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms may be joined with another arbitration related to the subject matter hereof. Notwithstanding the arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Salt Lake City, Utah, and you consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than arbitration, we each waive any right to a jury trial to the extent enforceable by applicable law.
The following processes shall govern the arbitration process:
Before commencing an arbitration, you must inform us of the nature of the claim and the relief you seek by sending an email to legal@holidayoil.com.
Within seven (7) days, we will contact you to attempt to resolve the claim or issue satisfactorily.
If, after these attempts, you intend to proceed with an arbitration claim, you and we will seek to agree on an arbitrator and how the dispute will be heard, including whether to submit the dispute only in written form, via video, or in-person.
If you and we cannot agree on an arbitrator, the process set forth in Section 11(a) of the Uniform Arbitration Act, or a comparable provision in your state, will be followed.
Governing Laws
The laws of the state of Utah and the United States govern these Terms and any claims arising out of or relating to the use of the Digital Services, without regard to any conflict of law principles. We make no representation that our Services are appropriate, legal, or available for use outside the United States. Except for matters subject to arbitration as described above, the state and federal courts located in Salt Lake County, Utah, will serve as the venue for any actions brought, or claims made, arising out of your use of our Digital Services.
Miscellaneous
This Agreement and any applicable Additional Terms constitute the entire agreement between you and us regarding the Digital Services, superseding all prior agreements, representations, warranties, or understandings regarding the Digital Services, content, products, or services provided by or through the Digital Services. No consent or approval from us may be deemed granted without being in writing and signed by an officer of the Company. If any provision of this Agreement or any applicable Additional Terms is found to be invalid by a court of competent jurisdiction, the invalidity of such provision does not affect the validity of the remaining provisions of this Agreement, which remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
You waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The section headings are provided for convenience only and do not limit the Agreement. We may assign our rights and obligations under this Agreement and any applicable Additional Terms without notice. You may not assign your rights or delegate your duties under this Agreement without our prior written consent. Whenever the term “including” or its variants is used in these Terms, it means “including without limitation.”
Apple Required Terms
Acknowledgment: We and you acknowledge that these Terms are between you and us, not Apple, and that we, not Apple, are responsible for the Mobile Apps and their content.
Scope of License: The license granted to you for the Mobile Apps is limited to a non-transferable license to use the Mobile Apps on any Apple-branded products you own or control, as permitted by the Usage Rules in the App Store terms of use, except that the Mobile Apps may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and Support: We are responsible for providing maintenance and support for the Mobile Apps, if any, as specified in these Terms or as required by applicable law. We and you acknowledge that Apple has no obligation to furnish maintenance or support for the Mobile Apps.
Warranty: We are responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the relevant Mobile Apps to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation regarding the Mobile Apps.
Product Claims: We are responsible for addressing any claims by you or any third party relating to the Mobile Apps or your possession and use of the Mobile Apps, including but not limited to product liability claims, any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
Intellectual Property Rights: We and you acknowledge that, in the event of any third-party claim that the Mobile Apps or your possession and use of the Mobile Apps infringe that third party’s intellectual property rights, we, not Apple, will be solely responsible for investigating, defending, settling, and discharging such a claim.
Legal Compliance: You represent and warrant that you are not located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: We may be contacted in connection with any questions, complaints, or claims regarding the Mobile Apps at legal@holidayoil.com or by any means listed on the “Contact” webpage at https://www.holidayoil.com/contact.
Third-Party Terms of Agreement: You must comply with third-party terms of agreement when using the Mobile Apps.
Third-Party Beneficiary: We and you acknowledge that Apple, and Apple’s subsidiaries,
Additional Terms Relevant to Google Inc.
1. License Agreement: These Terms constitute a license agreement in lieu of any license grant provided by Google to use the Mobile Apps on a Supported Device. A "Supported Device" refers to a combination of a mobile device running Android software and an Android software version that is supported by the Mobile Apps. This agreement is made solely between you and us, and not with Google. We are solely responsible for the Mobile Apps.
2. Google Play Marketplace: The Google Play marketplace is owned and operated by Google Inc. Your use of Google Play is governed by a legal agreement between you and Google, consisting of the Google Terms of Service (found at http://www.google.com/accounts/Terms) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html). The Google Play Terms of Service and Google Terms of Service shall take precedence in that order in the event of any conflict between them, to the extent of such conflict.
3. Maintenance and Support: We are solely responsible for providing, and Google has no obligation to provide, maintenance and support for the Mobile Apps. Any support requests, questions, complaints, or claims regarding the Mobile Apps should be directed to us at legal@holidayoil.com or through any contact method listed on the “Contact” webpage at https://www.holidayoil.com/contact.
4. Warranty: To the maximum extent permitted by applicable law, Google disclaims any warranties for the Mobile Apps. Google will not be liable for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Mobile Apps to conform to any warranty.
5. Product Claims: We are responsible for addressing any claims by you or any third party relating to the Mobile Apps or your possession and use of the Mobile Apps, including but not limited to: (i) product liability claims, (ii) any claim that the Mobile Apps fail to conform to applicable legal or regulatory requirements, and (iii) claims arising under consumer protection or similar legislation. Google shall not be responsible for addressing such claims.
6. Intellectual Property Rights: We are responsible for the investigation, defense, settlement, and discharge of any claim that the Mobile Apps or your possession and use of the Mobile Apps infringe a third party’s intellectual property rights.
7. Legal Compliance: You represent and warrant that (i) the Mobile Apps will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Google’s Privacy Policy: For the improvement of Google Play, Google may collect certain usage statistics from Google Play and your Supported Device, including but not limited to information on how Google Play and your Supported Device are used. The data collected is examined in the aggregate to improve Google Play for users and developers and is maintained in accordance with Google's Privacy Policy. We do not control nor are we responsible for Google’s privacy practices. Limited aggregate data may be available to us from Google upon our written request.
9. Removal of Mobile Apps: We or Google may, at any time and without notice, restrict, interrupt, or prevent the use of the Mobile Apps, or delete the Mobile Apps from your Supported Device, without entitling you to any refund, credit, or other compensation from us, Google, or any third party (including your network connectivity provider).
10. Third-Party Beneficiary: You acknowledge and agree that Google, and Google’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Contact Information
If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement and any applicable Additional Terms, please contact the Company at legal@holidayoil.com or by any means listed on the “Contact” webpage at https://www.holidayoil.com/contact.
Privacy Notice
This Notice is to help you understand your rights and choices and the way we collect, process, and share your Personal Information (defined below).
How to Contact Us/Data Controller Information
If you have any inquiries, feedback, or concerns regarding this Privacy Policy or our privacy practices, or if you need to submit a request to exercise your rights under applicable privacy laws, you can reach us through the following channels:
Data Rights Requests, Compliance, and Updates:
Depending on your place of residence, you may be entitled to certain privacy rights. To exercise these rights, send us an email at privacy@holidayoil.com.General Inquiries:
For questions or concerns unrelated to data privacy, please email us at CustomerService@holidayoil.com.
Scope of this Privacy Notice
This policy applies when you interact with our services, which encompass:
Digital Services: Electronic interactions with our Digital Services
Retail Locations: Your in-person experiences at any of our stores or other offline services.
Direct Communications: This covers interactions beyond our stores or online platforms, such as phone calls, mail, or other communications.
Please note that data collected by third parties such as information obtained when you participate in our ACH program is governed by such third party policies.
By using our services and sharing your personal data, you confirm your acceptance of the practices outlined in this Privacy Notice.
Updates to this Privacy Notice.
We may revise this policy periodically. All updates will be posted on our website at www.holidayoil.com. Changes will take effect once published. By continuing to use our services after such updates, you agree to the revised terms.
Personal Information We Collect
To provide and enhance our services, we collect several categories of personal data:
Identity Information: Name, contact details, account usernames, birthdate, and other identifiers shared during account creation or customer interactions.
Contact Data: Communication details such as phone numbers, email addresses, mailing addresses, and social media handles.
Audio/Visual Data: Surveillance recordings, voicemails, or call recordings collected at our retail locations or through customer service interactions.
Device and Network Data: Information like IP addresses, browser type, cookies, session data, and device identifiers collected through your interactions with our websites or mobile apps.
Location Data: General (city/state) or precise (GPS-based) location information, depending on your device settings.
Inferred Data: Profiles or analytics derived from your interactions with our services, including marketing preferences or usage patterns.
User-Generated Content: Free-form information you provide in surveys, feedback forms, or messages.
Transaction Data: Details related to purchases, including items bought, payment method, transaction amount, and date.
Sensitive Personal Data:
Government IDs: Driver’s license or passport numbers.
Payment Data: Bank account or credit card information.
Precise Location Data: Information from GPS or Bluetooth beacons.
Login Data: Security credentials such as usernames, passwords, or access codes.
Sources of Personal Data
We collect personal information from several sources:
Directly from You: When you fill out forms, participate in loyalty programs, or communicate with us.
Automatically: Through cookies and similar tracking technologies when you visit our sites or use our mobile apps.
Social Media Platforms: If you connect with us through social media or use third-party login services.
Third Parties: Such as service providers or business partners involved in transactions.
How We Use Your Data
We use your personal data in several ways, such as:
Service Delivery: To provide and maintain our Digital Services, stores, and loyalty program.
Customer Support: To respond to inquiries, process transactions, and handle complaints.
Analytics and Improvements: To analyze service usage, monitor trends, and improve our offerings.
Marketing and Personalization: To deliver targeted communications based on your preferences and interactions.
Legal Compliance: To meet legal obligations or cooperate with law enforcement, when required.
Cookies and Advertising Practices
We and third-party partners use cookies and other tracking technologies for the following purposes:
Essential Functions: To enable basic website features.
Analytics: To monitor website performance and user behavior.
Advertising: To deliver personalized ads or targeted offers.
Social Media: To enable interactions through social platforms.
You can manage cookie settings through your browser or our Manage Cookies page.
Data Sharing and Disclosure
We may share your data with the following entities:
Service Providers: Companies that assist us in operating our services, such as payment processors or hosting providers.
Business Partners: With your consent, for joint marketing efforts or specific services.
Affiliates: Our subsidiaries and related entities for internal purposes.
Data Aggregators: For purposes like personalized marketing or analytics.
Legal Authorities: If required by law or in response to legal requests.
Your Rights and Choices
Depending on your location, you may have specific rights concerning your personal data:
Access and Correction: Update your information through your account or by contacting Customer Service.
Opt-Out of Marketing: Unsubscribe from emails or SMS notifications by following the instructions provided in each communication.
Location Preferences: Control location data collection through your device settings.
Cookie Management: Adjust your browser settings to limit cookie use or opt out of targeted advertising through industry-standard tools like the Digital Advertising Alliance.
Some requests may require identity verification to ensure they are valid.
Data Retention and Security
We store personal data only for as long as needed to fulfill the purposes outlined in this policy or as required by law. We take reasonable measures to safeguard your information but cannot guarantee complete security.
International Data Transfers
If you access our services from outside the United States, your data may be transferred to, processed, and stored in the U.S. or other jurisdictions with different privacy laws.
For more details about our privacy practices or if you wish to exercise your data rights, please contact us through the channels listed above.