Last updated on August 30, 2018. These terms and conditions are effective immediately.
1. Ownership; Operational Responsibility;
The Sprint Foods Mobile App Program (“Program”) is owned and operated by Excentus Corporation ("Excentus", "us", "our", "we") under contract with Sprint Food Stores, Inc. (“Sprint Foods” or “Sprint”). Shotgun Flat operates the websites, www.sprintfs.com and www.mysprintfs.com, (collectively the “Site”) and Excentus operates the Excentus mobile application (“App”).
"You" and "your" refer to you, as a user of the Program, Site and/or App. A "user" is someone who accesses, browses, crawls, scrapes, views, or in any way uses the Site or App.
These Program Terms and Conditions and any additional terms and conditions that are established and required by Sprint and/or Excentus and applicable to certain programs or offers in which you may elect to participate as part of the Program govern the terms and conditions on which any party ("you") may participate in the Program.
By enrolling in the Program, using the Site or App and/or Excentus' services through the App or Site, participating in the Program or by clicking on the "I agree to the Terms and Conditions," you agree that you have read and understand these Terms and Conditions.
If you do not consent to these Terms and Conditions, please do not access, browse, view or use the Site, the App, participate in the Program, use the services offered through the Program or the Site or App or provide information to us.
2. Changes to Terms and Conditions
We reserve the right to update or make changes to these Terms and Conditions from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of these Terms and Conditions on the Site and/or App. You can determine when these Terms and Conditions were last revised by referring to the “Last Updated” legend at the top of these Terms and Conditions. Your access to or use of the Site or App following changes to these Terms and Conditions will constitute your acceptance of those changes. Notwithstanding the foregoing, any changes to these Terms and Conditions shall not apply to any dispute between you and Excentus or Sprint arising prior to the date on which Excentus posted the revised version of these Terms and Conditions incorporating such changes or otherwise notified you of such changes.
3. License to Use App; Restrictions
Excentus and Sprint Foods hereby grant you a non-exclusive, non-transferable, revocable license to view and use the Site, App and Program in accordance with these Terms and Conditions and any guidelines or policies posted on the Site and/or App. Excentus and Sprint reserve the right to suspend or revoke, each in their sole discretion, the license hereunder and to prevent you from accessing all or any portion of the Site, App or Program with or without notice or reason and without liability on the part of Excentus or Sprint. Excentus or Sprint may change, suspend or discontinue any portion of the Program, or any service offered on the Program, App or Site, at any time, including but not limited to any feature, database, application, or content, with or without notice. Excentus or Sprint may also impose limits on certain features offered on the Program, App or Site with or without notice or liability. The Program and all content available on the App and Site are protected by applicable intellectual property laws and are for personal and noncommercial use. All rights not expressly granted in this Agreement are reserved by Excentus and Sprint or by the respective owners of the intellectual property rights. Excentus and Sprint reserve the right to impose additional terms and conditions upon your use and viewing of the App, Site or Program, and any such terms and conditions may be posted on the App and/or Site. The App, the Site or any portion of either may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes without the express written consent of Excentus.
By using the Program, you represent and warrant that you are 18 years of age or older. At the App and Site, Excentus makes no active effort to collect personal information from individuals under the age of 18. Although Excentus requires that users must be at least eighteen (18) years of age or older, you must nonetheless ensure that content you provide is acceptable for viewing by users who might not be adults. If we believe that you are under 18 years of age, you are hereby advised that your account may be terminated without warning.
5. Access and Interference
Much of the information on the App and Site is updated on a real time basis and is proprietary or is licensed to Excentus or Sprint Foods by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the App or Site for any purpose without our express written permission. Additionally, you agree that you will not interfere or attempt to interfere with the proper working of the App, Site or any activities conducted on the Program or other measures we may use to prevent or restrict access to the Program, Site or App.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Excentus and Sprint, and any inconsistencies among the different versions will be resolved in favor of the English version.
7. Ownership of Trademarks, Copyrights and Other Intellectual Property
Excentus, or Sprint Foods, retains all right, title and interest to and under all patents (including all reissues, divisions, continuations and extensions of such patents) patent applications trademarks, trademark registrations, service marks, trademark registration applications, tradenames, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) in the Program and on the App and Site. Excentus or Sprint may enforce all rights to the full extent of the law.
Without the prior written consent of Excentus, you are strictly prohibited from, including, without limitation, modifying, copying, transmitting, distributing displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directories, databases, listing or software obtained from the Program, the App, or the Site. Systematic retrieval of content from the App or Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the App or Site without written permission from Excentus is strictly prohibited.
Nothing in the Program or on the App or Site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark in the Program or on the App or Site. Unless otherwise specified, the App and Site are for your personal and non-commercial use only and you may print, copy and download any information or portion of the App or Site for your personal use only. Copying or downloading material from the App or Site does not transfer title to any material on the App or Site to you. If you copy or download any information or software from the App or Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Excentus or such third party, which may own the marks.
You will not upload, post or otherwise make available on the App or Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
You recognize the value of the goodwill associated with the Program and acknowledge that the Program and the App and Site and all rights therein and goodwill pertaining thereto belong exclusively to Excentus and Sprint. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during the term of your membership in the Program or thereafter: (i) attack the title or any rights of Excentus or Sprint in or related to the copyright, trademarks, patents and other intellectual property in the Program and/or the App or Site; (ii) do anything either by an act of omission or commission which might impair, violate or infringe the copyright, trademarks, patents, and other intellectual property in the Program and/or the App or Site; (iii) claim (adversely to Excentus or anyone claiming rights through Excentus) any right, title or interest in or to the copyright, trademarks, patents, and other intellectual property in the Program and/or the App or Site; (iv) misuse or harm the copyright, trademarks, and other intellectual property in the Program and/or the App or Site or bring the Program into disrepute; (v) for your benefit, directly or indirectly, register or apply for registration of Excentus' trademarks or any mark which is, in Excentus' reasonable opinion, the same as or confusingly similar to any of Excentus' trademarks; (vi) for its benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in Excentus' reasonable opinion, the same as, confusingly similar to or incorporates any of the Excentus trademarks, and/or (vii) engage in behavior we deem to be abusive to us, our employees, or to the Program.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the App or Site infringe your copyright, you (or your agent) may send to Excentus a notice requesting that Excentus remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Excentus a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, found here. Notices and counter-notices should be sent to:
Attn: General Counsel
14241 Dallas Parkway, Suite 400
Dallas, TX 75254
8. Limitation of Liability, Indemnity & Release
NEITHER WE, OUR AFFILIATES, SPRINT FOODS, THE PARTICIPATING LOCATIONS, ANY TRANSACTION INFORMATION PROVIDER, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, AFFILIATES, JOINT VENTURES, REPRESENTATIVES, SHAREHOLDERS OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS ARISING OUT OF OR RELATED TO THE APP, THE SITE, THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION: (I) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM OR AMENDING THESE TERMS AND CONDITIONS OR THE BASIS ON WHICH YOU CAN REDEEM REWARDS; (II) UNAUTHORIZED USE OF YOUR ACCOUNT, YOUR SPRINT FOODS MOBILE APP CARD, ALTERNATIVE IDENTIFICATION (ALT ID) OR PARTICIPANT CARD OR PIN; (III) ANY PRODUCT, SERVICE, OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM MADE BY SPRINT FOODS OR ANY OTHER PARTICIPANT OR ANY OF THEIR SUPPLIERS, OR ANY OTHER PERSON; OR (IV) THE PURCHASE, REDEMPTION FOR OR USE OF ANY GOODS OR SERVICES OF SPRINT FOODS OR ANY OTHER PARTICIPANT. THIS APPLIES EVEN IF WE, OUR AFFILIATES, SPRINT FOODS, ANY OTHER PARTICIPANT OR OUR OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY, AND THE MAXIMUM LIABILITY OF OUR AFFILIATES, SPRINT FOODS, OR ANY OTHER PARTICIPANTS AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS AND DIRECTORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY DOLLARS ($50.00).
As a mandatory precondition to your participation in the Program and/or use of the App or Site, you agree to indemnify, defend and hold Excentus and its affiliates, and Sprint Foods (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 your participation in this Program, or use of the App or Site, including without limitation attorneys' fees and costs. For those matters subject to indemnification by you in which neither Excentus nor any of its affiliates is a party, Sprint Foods may provide input into the defense of such matters, at their own expense. You further agree to cooperate as requested by Excentus in the defense of any indemnified claim. You shall not in any event settle any indemnified claim without the prior written consent of Excentus. Without limiting any obligation to indemnify and hold harmless, with respect to your obligation to defend, Excentus reserves the right, at its own discretion and expense, to assume the exclusive defense (including exclusive control) of any matter that is subject to indemnification by you.
By participating in the Program, you release Excentus and its affiliates and Sprint Foods from any injury or harm to you that may arise from participation in the Program.
You may find content to be offensive, harmful or inaccurate. You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users of the App, Site or Program, you release Excentus and Sprint Foods (and its and their officers, directors, employees, affiliates, parent companies, joint ventures, representatives and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
California Civil Code Waiver. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
9. Severability; No Waiver; Entire Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement will remain in full force and effect, and the allocation of risk described herein will be given effect to the fullest extent possible. Excentus or Sprint Foods’ failure to act with respect to a breach by you or others does not constitute a waiver of Excentus or Sprint Foods’ right to enforce its rights with respect to subsequent or similar breaches. This Agreement, along with any Program guidelines or policies posted on the Program or otherwise provided to you by Excentus or Sprint Foods, constitutes the entire agreement between you and Excentus and Sprint Foods with regard to your use of the Program.
10. Participation in the Program
When you enroll in the Program as a member ("Member") you are able to collect cents per gallon rewards ("Rewards") by, among other things, purchasing qualified products at participating Sprint Foods locations, and to redeem the Rewards for discounts or other incentives at participating Sprint Foods location.
To enroll, you must meet the terms for participation established herein to obtain a Program card ("Sprint Super Saver Rewards Card”) and register your card online at the Site or through the App.
11. Your Account
Once your Sprint Super Saver Rewards card is activated and you have provided us with a valid e-mail address and date of birth, 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 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 and Conditions, commit fraud or falsify information in connection with your use of the Program or the App or Site, or take any other act which we feel is detrimental to Excentus or the Program in our sole discretion, we may terminate your Account, and you will forfeit any pending, current or future Rewards. You may elect to close your Account at any time by notifying Excentus. Upon closure of your Account, any rights to redeem Rewards from that Account are lost.
12. Earning Rewards
You can earn Rewards in the Program in many ways including but not limited to the following:
Our Program entitles you to earn Rewards only from Participating Locations in the United States and payment cards issued in the United States. Specific offers, terms and conditions and expiration details for how to earn Rewards are described on the Site and/or App or in material provided in connection with a promotion or offer.
In order to be eligible to earn Rewards, you must identify yourself as a Member by presenting your Sprint Super Saver Card, App barcode, or Alt ID, or required information regarding your membership in the Program, as applicable, when making purchases at a Participating Location. In order to be eligible to earn rewards (i) you must present your card or alternate ID to the participating location, and (ii) your account must be open and in good standing (i.e., not in default).
Rewards that you accrue as a result of your transactions with Participating Locations will be posted to your Account, and a summary of activity in your Account will be displayed on the App. Rewards from transactions will normally be posted to your Account within minutes of your purchase but may be posted to your Account at a later time. We do not assume any liability for the failure of Rewards to post to your Account in a timely manner. Rewards earned may expire in accordance with the terms of the applicable offer.
You are solely responsible for checking your Account regularly to ensure that your Rewards are properly credited. If you believe that proper credit does not appear on your Account, you should contact us via the Site and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether Rewards should have been posted to your Account and to adjust your Account accordingly. You acknowledge that any such determination by us will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT REWARDS HAVE BEEN PROPERLY CREDITED TO YOUR ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW FROM THE PROGRAM.
We will credit your Account with only those Rewards you earn by making purchases at Participating Locations while your account is in good standing. We are not responsible if actions of other parties cause a delay or failure in recording Rewards in your Account.
Excentus is not responsible for changes to, or discontinuance of, any participating location, or for any Participating Location withdrawing from the Program, or for any effect on accrual of Rewards, or ability to redeem Rewards, caused by such changes, discontinuance, or withdrawal.
If you believe that any Account summary showing the number of Rewards in your Account is in error or have a dispute regarding Rewards, you must notify us at email@example.com within 60 days of the date the purchase was made or it will be deemed correct. You may be required to submit documentation to support your claim.
Sprint Super Saver Cards, Alt IDs, and all rights relating to them, are and will remain the property of Excentus or Sprint Foods. You may not offer for sale, sell, exchange, give, charge or otherwise dispose of any Reward. You are responsible for all taxes payable due to your participation in the Program.
In the case of any failure by you to follow these Terms and Conditions or any other terms or conditions applicable to programs or offers in which you may elect to participate as part the Program, or any other fraud, misrepresentation, or abuse related to the Program, including but not limited to your engaging in a pattern of returning or canceling products or services after the corresponding Rewards have been credited, as determined by us in our sole discretion, Excentus and Sprint Foods reserve the right to make any adjustments to your Account at any time and to take appropriate administrative or legal action. In such a case, some or all of your Rewards earned through the Program may be forfeited and your Account closed, and we reserve the right to seek reimbursement from you for the cost of any Reward you receive upon redemption of Rewards that are subsequently deducted from your Account. You give Excentus permission to review your Account with Sprint Foods in cases where Excentus suspects fraudulent activity.
14. Redemption of Rewards
To redeem Rewards, you must present your Sprint Super Saver Rewards Card, scan your App barcode, or enter your Alt ID when making a purchase at Participating Locations. Additionally, once your Account is established, you may link a checking account to your Account and use of that checking account may be used to enroll in Super Saver Zipline debit product to receive additional savings on fuel at participating Sprint Food locations. Your Reward will automatically be applied to the transaction either by reducing the per-gallon price of the fuel by the amount of the Rewards you have earned prior to dispensing fuel or by applying the appropriate Reward amount to the total transaction (where this feature is available) after dispensing fuel once your Reward balance is transmitted to the Participating Location. Fuel savings are limited to twenty (20) gallons of fuel per purchase per vehicle or fraud limits placed by Sprint and/or limits placed on your payment card by your financial institution, each of which may be lower. Due to the technical capabilities at the pump, there will be a minimum charge per gallon of fuel purchased of $0.02 (i.e., 2 cents per gallon) regardless of redeemable Sprint Foods Mobile App savings available. For purchases of $75 or more, you may be required to go inside to pay. Unbranded diesel and alternative fuels may not be eligible.
Once you begin to dispense fuel using a Reward, you must dispense to the gallon limit or you forfeit any remaining Reward balance, except in the case of a carry-over transaction as described below. For example, if you only pump fifteen (15) gallons of fuel, when the gallon limit was twenty (20) gallons, you would abandon the remaining five (5) gallons worth of Reward balance.
If you have a Reward balance greater than the current per-gallon price of fuel, the price will roll down to the maximum capability of the fuel equipment, and your remaining Reward balance will be saved for a future fuel purchase. For example, if you have a $3.00 per gallon Reward, the price of fuel is $2.50 and the fuel equipment has a minimum required price per gallon of 2¢, you could redeem $2.50 and retain a 50¢ per gallon Reward (the $3.00 per gallon Reward minus the $2.50 actually redeemed). You would be responsible for paying the minimum required price per gallon of 10¢. In the event of a carry-over transaction, the Rewards are extinguished based on the order in which they were issued, with the oldest being extinguished first, and the carry over rewards are subject to their original expiration limits.
If paying using multiple forms of tender (i.e., gift card and credit card or cash, multiple credit cards), you may be required go inside to pay in order to redeem the full value of the Sprint Super Saver savings.
Rewards earned through the Program can only be redeemed at Sprint Foods location that are participating in the Program.
Rewards earned through the Program cannot be combined with rewards earned through separate loyalty programs including those with a non-participating Program grocer.
Specific offers, terms and conditions and expiration details relating to how to redeem Rewards for a particular offer or promotion are described at www.sprintfs.com and www.mysprintfs.com or in material provided in connection with a promotion or offer.
NO REWARD MAY BE REDEEMED UNTIL IT HAS BEEN CREDITED TO THE MEMBER'S ACCOUNT. REWARDS HAVE NO CASH, MONETARY OR OTHER VALUE, CANNOT BE CONVERTED INTO ANY CURRENCY, CANNOT BE APPLIED AS CREDIT TO ANY PAYMENT CARD STATEMENT, AND MAY BE CANCELED AT ANY TIME. SPECIFIC REWARDS MAY EXPIRE UNDER THE TERMS OF THE PROMOTIONAL PROGRAMS OR OFFERS ESTABLISHED BY US OR SPRINT. Transactions upon which Rewards are earned or redeemed are made directly with Participating Locations, and Excentus has no responsibility for the design, delivery, use, standard, quality or otherwise of any goods or services sold by Spring or Participating Locations through the use of the Program. These transactions and all Rewards are subject to all applicable legal rules and the terms and conditions set by Sprint and the Participating Locations.
THE INFORMATION, PRODUCTS AND SERVICES PROVIDED AS PART OF THE PROGRAM AND ON THE APP OR SITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS. NEITHER EXCENTUS, SPRINT, NOR ANY PARTICIPATING LOCATION OR TRANSACTION INFORMATION PROVIDER WARRANTS THE INFORMATION OR SERVICES PROVIDED AS PART OF THE PROGRAM OR YOUR USE OF THE APP OR SITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE, AND EACH OF THE FOREGOING PARTIES EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER EXCENTUS, SPRINT NOR ANY PARTICIPATING LOCATION OR TRANSACTION INFORMATION PROVIDER WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULT OR COULD RESULT FROM INTERCEPTION BY ANY THIRD PARTY OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE APP OR SITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE APP AND SITE IS OBTAINED OR COMPILED FROM SOURCES WE REASONABLY BELIEVE TO BE RELIABLE, NEITHER EXCENTUS, SPRINT NOR ANY PARTICIPATING LOCATION GUARANTEES THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER EXCENTUS, SPRINT NOR ANY PARTICIPATING LOCATION SHALL BE LIABLE FOR ANY FAILURE OF THE PROGRAM, THE APP OR THE SITE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF EXCENTUS, SPRINT OR SUCH PARTICIPATING LOCATION, AS APPLICABLE.
16. Member Obligations
You must provide and maintain current, complete and accurate information in connection with your Account. You agree that you will not, and will not permit others to: (i) provide any purposely inaccurate information (including a false e-mail address), or commit fraud or falsify information in connection with your Sprint Foods Mobile App Account; (ii) provide any unauthorized third party with access to the Program or any information, offers, data, text, photographs, links, images, software, chat, communications, interactive features and other content generated, provided or otherwise made available through the Internet and proprietary to Excentus by any means; (iii) modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the Program; (iv) engage in any activity that does not comply with U.S. law or other applicable law and regulations (including federal, state and local laws and regulations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program; (v) introduce into the App or Site any code intended to disrupt the Program, App or Site, alter or delete its content, access confidential content on the App or Site or interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (vi) attempt to access any data not intended for you or attempt to scan or test the security or configuration of the App or Site or to breach security or authentication measures without proper authorization; (vii) post any material in any form whatsoever on the App or Site or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or (viii) infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program, App or the Site; (ix) use fictitious Program Rewards Codes or otherwise fraudulently obtain Rewards, or (x) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Program, App or the Site.
You may post reviews, comments, photos, and other content; and make other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is in compliance with the rules and conventions for postings not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, advertising, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, create an account for anyone other than yourself without permission, use an e-mail address that is subject to any rights of a person other than you without appropriate authorization, use an e-mail address that is a name that is offensive, vulgar or obscene, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do post content or submit information or material to the App or Site, Linked Sites (as defined below), through social media accounts administered by Excentus, through email directed to us, through blogs, or through other communications, and unless we indicate otherwise, you grant to Excentus a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise fully exploit (including without limitation, for purposes of promoting Excentus, Sprint, the Participating Locations, and promoting and redistributing part or all of the Program) such content, information and material, with or without the name that you submit in connection with such content, information or material, throughout the world in any media now known or later developed. You represent and warrant that you own or otherwise control all of the rights to the content, information and material that you post; that such content, information and material is accurate; that use of such content, information and material does not violate these Terms and Conditions or the rights of any third party, and will not cause injury to any person or entity.
Excentus has the right but not the obligation to monitor and edit or remove any activity or content. Excentus takes no responsibility and assumes no liability for any content posted by you or any third party.
We may send you certain Program information that can include periodic statements of your Account and other information necessary for administration; promotional communications which will inform you of special offers and products we believe would be of interest to you; and promotional communications from Sprint Foods or vendors cooperating with Sprint Foods. As a member in the Program, you may have consented to receive all of the kinds of information described above. If, at any time, you wish to no longer receive promotional communications relating to the Program, you may opt out of the receipt of such promotional communications by clicking on the opt-out link provided at the bottom of each e-mail or text message or by contacting our Member Support Helpdesk. Requests to be unsubscribed or to opt out of promotional communications will be processed promptly, however, you may be included in the selection for additional promotional communications for a short period of time after you make your request. We reserve the right to send out certain communications, including by email, text message and/or regular mail, relating to membership information, and administrative messages that are considered part of your Account (including communications informing you when you have linked or unlinked a payment card to your Account), without offering you the opportunity to opt out of receiving them. Excentus is not responsible and shall have no liability for any promotional or other communications sent to you by Sprint Foods or vendors acting in cooperation with Sprint Foods.
18. Collection and Use of Certain Information
You acknowledge that in order to operate the Program, we will collect information about you, your participation in the Program and your purchases from Sprint Foods. You authorize Sprint Foods and their respective agents to disclose to us any and all information with respect to your purchases, including but not limited to information regarding purchases made, products ordered, order number, the time and date the purchase occurred, and the phone number or email entered for the purchase, if applicable. You agree to hold us harmless for any information so disclosed to us.
19. Discontinuation or Suspension of Use
We may, in our sole discretion, at any time and without prior notice: (i) discontinue transmitting all or any part of the content related to the Program; (ii) change, discontinue or limit access to the Program or any participant, reward, functionality, feature or other component of the Program; or (iii) suspend or terminate your use of or access to the Program or your Account, upon giving you notice of such suspension or termination, if we reasonably believe you have breached these Terms and Conditions.
20. Termination, Changes and Breach
We may change, cancel, suspend or discontinue any aspect of the Program, the Rewards, the Participating Locations, the issuance and redemption procedures and restrictions, or the type of rewards or discounts offered, all without notice or liability and even though changes may affect the value of Rewards already accumulated. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. We may also impose limits on features and services or restrict your access to parts or the entire Program without notice or liability.
For example, but without limitation, we may add, delete or change Participating Locations, time limits for collection, redemption or use of Rewards; redemption conditions or procedures; or the value of purchases required for particular Rewards. If no Rewards are recorded in your Account for 24 months, or if you commit fraud, misrepresent any information, violate any Terms and Conditions, abuse your Program privileges or act in any other way to the detriment of us, Sprint, or the Program, we may, without affecting our other rights, terminate your Account, and/or cancel your Rewards and disclose appropriate information requested by proper authorities. If a Reward expires or is cancelled for any reason, it becomes void without compensation. You may elect to close your Account, terminate your participation in the Program, and not use our products and services or the products and services of Sprint at any time in your sole discretion.
21. Availability of the App and/or Site
EXCENTUS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE APP AND/OR SITE. You acknowledge that there may be interruptions in service or events that are beyond our control. The App and/or Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. We retain the right at our sole discretion to deny service or access to the App or Site to anyone at any time and for any reason.
22. Security of the App and/or Site
Certain parts of the App and/or Site will be password protected and accessible only to users with valid usernames and passwords. Only you are authorized to use your password. Any transfer of passwords to, or use of passwords by, an unauthorized person is strictly prohibited. You will maintain the confidentiality of the user IDs and passwords by which you access the Program, the App, and the Site, and will allow access to the Program and the App and Site only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither Excentus nor any third party will contact you to solicit your user ID or password. Therefore, you should not provide your user ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else's Account, username or password without that person's permission. When creating your Account, you must provide accurate and complete information. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT, AND THAT EXCENTUS AND SPRINT HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. If there is a breach of security through your Account, you must immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your user ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Program, the App or the Site that would damage, interfere with or unreasonably overload the Program, the App, or the Site.
23. Linked Internet websites and other platforms
The App or Site may provide hyperlinks, which are highlighted words or pictures within a hypertext document that, when clicked, take you to other websites or applications not controlled by us or Sprint Foods ("Linked Sites"). These Linked Sites may contain terms and conditions and privacy provisions that are different from those provided herein. In addition, if you use a social media platform or your mobile device or other method of communication to interact with Excentus, the App, or the Site, these applications also have terms and conditions and privacy provisions that governs the use of personal information related to that application. Neither Excentus or Sprint Foods are responsible for the collection, use, or disclosure of information collected through Linked Sites, social media platforms, mobile devices or other methods of communication and we expressly disclaim any and all liabilities related to such collection, use, or disclosure.
These Terms and Conditions constitute the entire agreement between you, Sprint and us regarding your participation in the Program, your entitlement to collect and redeem Rewards and your entitlement to any other benefits of the Program and supersede all previous versions. Except as expressly provided herein, Excentus, Sprint and any applicable third parties reserve all rights with respect to the Program, the App, and the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies and notify your Internet Service Provider of any fraudulent activity we associate with your use of the App or Site) in the event of any violations. Excentus and/or Sprint may enforce these Terms and Conditions to the full extent of the law. When you deal with us over the Internet or via the Sprint Foods Mobile App mobile application, you consent to the formation of contractual relations through electronic communications. We are the final authority as to any questions or disputes regarding the Program or any Reward. We will not be deemed to have waived any of our rights even if we redeem Rewards when not required. All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes.
The Program, all rules and Terms and Conditions are governed by the laws of Texas. If any provision of these Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions. No waiver by either Excentus, Sprint or you of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms and Conditions. The section headings used herein are for convenience only and shall be of no legal force or effect. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms and Conditions without restriction. These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and Excentus. Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Condition to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Program is controlled and operated by Excentus from the United States and is not intended to subject Excentus to the laws or jurisdiction of any state, country or territory other than that of the United States. Excentus does not represent or warrant that the App or Site, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction other than that of the United States. Those who choose to download, access or use the App or Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to the United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.
Excentus is not authorized to do business in every jurisdiction. Information published on the App or Site may contain references or cross-references to goods or services that are not available in your state or country.
The terms of these Terms and Conditions are governed by the laws of the State of Texas, U.S.A., 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 EXCENTUS AND/OR SPRINT AND/OR A PARTICIPATING LOCATION, 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 EXCENTUS, SPRINT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by this Agreement. The Supplementary Procedures are available here. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. 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 Conditions 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 and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
27. Third Party Beneficiaries
The provisions of these Terms and Conditions are for the benefit of Excentus, Sprint Foods, and you and not for any other person or entity; provided, however, that Participating Locations and Transaction Information Providers shall be third party beneficiaries of the Disclaimers, Limitation of Liability, Indemnification, Arbitration, and Release provisions of these Terms and Conditions.
14241 Dallas Parkway
Dallas, Texas, 75254 USA