1. ACCEPTANCE OF CONTRACT TERMS
The following are terms of a legal agreement between you and 7-Eleven. By downloading or using an App or by accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Note that Section 7 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes. If you do not agree to these Terms and Conditions of Use, do not use the Sites or any App.
The material provided on the Sites and Apps is protected by law, including, but not limited to United States Copyright and Trademark laws, and international treaties. The Sites and Apps are controlled and operated by 7-Eleven from its offices within the United States. 7-Eleven makes no representation that materials in the Sites and Apps are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access the Sites and Apps from other locations do so on their own initiative and are responsible for compliance with applicable local laws. See below for further copyright and trademark information.
Any software available from the Sites is subject to the export controls of the United States of America and may not be downloaded or otherwise exported or re-exported into any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or to any person or entity subject to such restrictions by the U.S. government.
2. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
2.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Apps and the Sites belong to 7-Eleven or the original creator of the material. Further, all names, images, pictures, logos and icons on the Sites and Apps are proprietary marks of 7-Eleven or by the original creator of the material. The compilation of all content, including the look and feel of the Apps and Sites, is the exclusive property of 7-Eleven and is protected by U.S. copyright law. Except as may be expressly provided herein, nothing contained in these Terms and Conditions of Use or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.
2.2 You are hereby granted a personal, non-exclusive, non-transferable, limited license to: (i) use the Apps on your mobile device for your personal non-commercial use only; and (ii) view the Sites, and to print insignificant portions of materials retrieved from the Sites provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Apps or the Sites. Further, you may not reproduce any part of the Apps or the Sites.
2.3 You also may not, without the permission of 7-Eleven, Inc. "mirror" any material contained on the Sites on any other server. Any unauthorized use of any material contained on the Sites or Apps may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2.4 All submissions, suggestions, ideas, artwork, or other information (the "Submission") communicated to 7-Eleven through the Sites or Apps become the property of 7-Eleven. 7-Eleven is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future 7-Eleven endeavors.
7-Eleven will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe.
You acknowledge that you are responsible for whatever material you submit, and that you, not 7-Eleven, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright. 7-Eleven reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content. 7-Eleven has the right but not the obligation to monitor and edit or remove any activity or content. 7-Eleven takes no responsibility and assumes no liability for any content posted by you or any third party.
2.5 The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Sites or Apps are registered and unregistered Trademarks of 7-Eleven and others. Nothing on the Sites or any App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites or Apps, without the written permission of the Trademark owner.
7-Eleven aggressively enforces its intellectual property rights to the fullest extent of the law. The name of 7-Eleven, Inc., Slurpee or the 7-Eleven logo, and any other 7-Eleven product or service names, logos or slogans that may appear on the Sites or Apps may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Sites or any App, without our prior, written permission. 7-Eleven prohibits use of the 7-Eleven logo as a "hot" link to any site, including 7-Eleven sites, unless establishment of such a link is approved in advance by 7-Eleven in writing.
3. LINKS TO THIRD PARTY SITES
4. EFFECTIVE DATE, MODIFICATION; CHANGES TO SITE
These terms are effective and were last updated on the date at the beginning of these Terms and Conditions of Use. At any time, 7-Eleven may revise the terms of the Site. Revisions are effective and binding when posted on the Site and any App. If we make changes, we will post the amended Terms and Conditions of Use to our Sites and Apps, and update the “Last Updated” date above. We may also notify you by sending an email notification to the address associated with your account or providing notice through our Sites and Apps. Any continued use of the Site and Apps following any revision means you agree to the revisions. 7-Eleven expressly reserves the right to terminate or discontinue the Sites and Apps at any time and for any reason, with or without notice to you.
5. DISCLAIMERS; LIMITATION OF LIABILITY
5.1 7-ELEVEN DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM EITHER SITE OR THE APPS, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN EITHER SITE OR THE APPS, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF EITHER SITE OR THE APPS OR ANY PORTION THEREOF, (D) YOUR USE OF EITHER SITE OR THE APPS, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH EITHER SITE OR THE APPS.
5.2 ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON EITHER SITE OR THE APPS, PARTICIPATION IN ANY PROMOTIONS OR OFFERINGS (INCLUDING DELIVERY OF AND PAYMENT FOR GOODS AND SERVICES) AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND THE ADVERTISER OR OTHER THIRD PARTY. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. 7-ELEVEN DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCT, AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS AND OTHER CONDITIONS OF USE. 7-ELEVEN IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS, PROMOTIONS OR OFFERINGS.
5.3 7-ELEVEN MAKES NO WARRANTY OR REPRESENTATION, BUT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. 7-ELEVEN WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE). 7-ELEVEN DOES NOT WARRANT THAT THE OPERATION OF THE SITE OR APPS WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY 7-ELEVEN OR AN AUTHORIZED REPRESENTATIVE OF 7-ELEVEN SHALL CREATE ANY WARRANTY.
5.4 If you are dissatisfied with any portion of the Sites or the Apps, or with any of these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Sites and Apps.
6. UNLAWFUL AND PROHIBITED USE
As a specific condition of your use of the Sites and Apps, you explicitly agree not to use the Sites and Apps for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You agree not to use the Sites and Apps in any way that could damage, disable, overburden, or impair either Site or the Apps, or interfere with anyone else's use of either Site or the Apps. You will not attempt to gain unauthorized access to 7-Eleven computer systems or networks connected to 7-Eleven, through hacking, password mining or any other means. You will not attempt to reverse engineer any portion of the Sites or Apps or attempt to infringe the intellectual property rights of others in any way. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or Apps.
7. BINDING ARBITRATION; GOVERNING LAW AND JURISDICTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH 7-ELEVEN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
These Terms and Conditions of Use are governed by the laws of the State of Texas, U.S.A., without regard to Texas conflict of laws provisions. By using either Site or the Apps you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Dallas, Texas for all disputes arising out of or relating to the use of the Sites and/or Apps. 7-Eleven makes no representation that the contents of the Sites or Apps are appropriate or available for use in other locations, and those who choose to access the Sites or Apps from other locations are solely responsible for compliance with their local laws. Any legal actions against 7-Eleven must be commenced within two year(s) after the claim arose. EXCEPT FOR CONTROVERSIES OR CLAIMS IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT, YOU AND 7-ELEVEN AGREE (A) TO WAIVE YOUR AND 7-ELEVEN’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL CONTROVERSIES AND CLAIMS ARISING FROM OR RELATED TO THE SITES, APPS, OR THESE TERMS RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND 7-ELEVEN’S RESPECTIVE RIGHTS TO A JURY TRIAL. INSTEAD, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SITES, APPS, OR THESE TERMS WILL BE SETTLED BY BINDING ARBITRATION BEFORE JAMS, INC. AND IN ACCORDANCE WITH THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. By agreeing to be bound by these Terms and Conditions of Use, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. Each party shall be responsible for its costs incurred in such arbitration, but if you cannot afford to pay for the arbitration you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. The arbitration will be conducted in Dallas County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 7 by writing to: Attn: Legal Department, 3200 Hackberry Rd., Irving, TX 75063. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. If you do not notify 7-Eleven in accordance with this section, you agree to be bound by the arbitration and class-action waiver provisions of these Terms and Conditions of Use, including such provisions in any Terms and Conditions of Use revised after the date of your first acceptance. By opting out of binding arbitration, you are agreeing to resolve all controversies and claims on an individual basis in a court located in Dallas County, Texas. Notwithstanding the foregoing, 7-Eleven may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).
You specifically agree to indemnify and hold harmless 7-Eleven, its parent, affiliates, stockholders, officers and employees, from any claim, demand or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Sites and/or Apps.
9. PRODUCT & SERVICE AVAILABILITY
The Sites and Apps contain references and information about 7-Eleven products and services that may be limited by individual store participation in the United States only.
10. PRIVACY AND PUBLICITY
11. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions of Use incorporate by reference any notices contained on the Sites or Apps and constitute the entire agreement with respect to your access to and use of the Sites and Apps. If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
12. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
We are committed to complying with copyright and related laws, and we require all users of the Sites and Apps to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Sites or Apps in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on either Site or the Apps in a way that constitutes copyright infringement, please provide our designated agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Sites or Apps;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
3200 Hackberry Road
Irving, TX 75063
Subject line: DMCA
13. 7REWARDS PROGRAM TERMS AND CONDITIONS
Read the following Terms and Conditions for the 7Rewards Program (“Program”) to learn how you can get one free 7-Eleven hot beverage, Big Gulp, Chillers, or Slurpee drink (of any size offered by 7-Eleven) (“Reward Drink”) for every six such drinks (or refills of refillable 7-Eleven mugs and tumblers) that you buy at participating 7-Eleven stores in the United States when you use the 7Rewards App (the “7Rewards App”). Purchases of 7-Eleven mugs and tumblers are not Qualifying Purchases under the Program.
13.1 Eligibility: There are no membership fees associated with the Program. Promotion open only to residents of the 50 United States (and D.C.) who are 13 years or older and who own a smartphone or other mobile device that is capable of downloading and running the 7Rewards App from the Apple App Store or Google Play Store. (7-Eleven does not charge to download its 7Rewards App, but standard data rates may apply.) If you are between 13 and 18, you may join and participate in the Program only with the permission of a parent or guardian. Employees of 7-Eleven and its franchisees, affiliates, subsidiaries, representatives and agents are not eligible. 7-Eleven reserves the right to deny or disqualify any participant who fails to comply with the terms of this program.
13.2 How to Participate: Take the following steps to receive a Reward Drink:
- Step 1: Login to your 7-Eleven account through the App. If you do not have the 7Rewards App, you can download it on your smartphone or other mobile device from the Apple App Store or Google Play Store. If you do not have a 7-Eleven account, you can register for one through the 7Rewards App.
- Step 2: Visit a participating 7-Eleven store and buy any size of 7-Eleven hot drink, Big Gulp, Chillers, or Slurpee drink, or refill of these drinks and, in doing so, scan your account bar code located on the 7Rewards App (each such drink is a “Qualifying Purchase”). Qualifying Purchases will only appear on the “digital punch card” section of the 7Rewards App if you qualify each purchase in this way.
Qualifying Purchases may take as long as 24 hours from the time of the last qualifying purchase to show up in the 7Rewards App, depending on how 7-Eleven validates your purchase. You will qualify for one Reward Drink each time you qualify six Qualifying Purchases in the 7Rewards App. The 7Rewards App will be updated with a bar code which you can scan for one Reward Drink. Once you have earned a Reward Drink, you must redeem it before you can qualify purchased drinks towards a new Reward Drink.
- Step 3: In order to redeem a Reward Drink, visit a participating 7-Eleven store in the U.S. and select the Reward Drink of your choice. At the point of sale, scan the Reward Drink bar code in the 7Rewards App.
You may only redeem Reward Drinks at participating 7-Eleven stores in the United States. You must use the same account when redeeming Punches and cannot combine Punches accumulated in separate accounts to redeem your free Reward Drink. Each Qualifying Purchase (represented as a punch on your “digital punch card” in the 7Rewards App) and unused Reward Drink will expire 366 days after it appears in the App. 7-Eleven reserves the right to change or discontinue any drink products. Reward Drinks are available while supplies last. Once Punches have been redeemed, they cannot be credited back to your account.13.3 Promotional Events: From time to time, 7-Eleven may offer promotional events. By providing your email address, you consent to be automatically entered into our promotional events. As part of your consent, you authorize 7-Eleven to communicate with you electronically (via email) about such promotional events, and to send you the promotional events’ descriptions and official terms and conditions that apply to such promotional events. THE WINNER OF ANY PROMOTIONAL EVENTS MAY BE REQUIRED TO SATISFY ADDITIONAL CRITERIA IN ACCORDANCE WITH APPLICABLE TERMS AND CONDITIONS, INCLUDING COMPLETING AND RETURNING A WAIVER AFFIDAVIT AND LIABILITY/PUBLICITY RELEASE IN ORDER TO RECEIVE THE APPLICABLE PRIZE. In the event that you wish to opt out of marketing and promotional communications and events, you can do so by (i) following the instructions in the email or other communication, (ii) following the opt out instructions in the terms and conditions, or (iii) closing your account.
13.4 Program Modification or Cancellation: 7-Eleven reserves the right to modify the Program and these Programs Terms and Conditions at any time without liability, including, without limitation, the right to cancel the Program at any time. If 7-Eleven cancels the Program, it will provide at least 60 days’ advance notice of the cancellation on the home page of the App and at www.7-11.com/rewards. You are responsible for checking the App and the rewards section of the www.7-eleven.com website for updates about the Program. If 7-Eleven cancels the Program, all Reward Drinks and Qualifying Purchases (represented as punches on your “digital punch card” in the 7Rewards App) will automatically and immediately expire upon the effective date of cancellation.
13.5 Other Terms: The Program is void where prohibited. Your Reward Drink and Qualifying Purchases (represented as punches on your “digital punch card” in the “Savings” section of the 7Rewards App) are promotional in nature, have no cash value, and cannot be sold, transferred, copied, shared, or transferred. If you cancel or return a Qualifying Purchase for which you have collected Punch(es), 7-Eleven may deduct the Punch(es) that you were awarded for that purchase. No substitutions, assignments, or transfers of any Reward Drink or Qualifying Purchases will be permitted. 7-Eleven's decisions in connection with this Program are final and binding. 7-Eleven will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of 7-Eleven. Any provision of these Program Terms and Conditions deemed unenforceable will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will remain in effect. Participation in this Program constitutes acceptance of these Program Terms and Conditions. If you believe there is discrepancy with the number of accumulated Punches in your account, you must notify us at the contact particulars below within sixty (60) days of the discrepancy date or it will be deemed correct.
14. Contact Us
If you have any questions, comments or concerns, please contact us at: [email protected]
IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS AND CONDITIONS OF USE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITES AND APPS.