TERMS & CONDITIONS
In consideration of Roady’s® (together with its affiliates, “Roady’s Truck Stops”) allowing you to use Roady’s Truck Stops Online Properties (defined below) and the services provided by and related to the Online Properties, you agree to be bound by the terms and conditions of this Terms of Use Agreement, which incorporates Roady’s Truck Stops Privacy Policy, (collectively, the “Agreement”).
In some instances, both this Agreement and separate terms will apply to your use of the Online Properties (“Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
Your use of the Online Properties constitutes your acceptance of this Agreement. You acknowledge and agree that your use of the Online Properties has the same effect as manually signing this agreement with Roady’s Truck Stops and creates a valid, binding contract between you and Roady’s Truck Stops. If you do not agree to the terms of this Agreement, proceed no further, do not obtain services through the Online Properties, do not access any of the Online Properties, and do not download the mobile app.
Online Properties Defined and Use
The “Online Properties” shall mean Roady’s Truck Stops webpages including, without limitation, webpages under www.Roadys.com, Roady’s Truck Stops mobile app, Roady’s Truck Stops social media sites and all associated contents, functionality and services. As between you and Roady’s Truck Stops, Roady’s Truck Stops is solely responsible for the mobile app. Neither Apple, Inc. (Apple Store), Google, Inc. (Google Play), nor any other app store or marketplace is responsible for the mobile app or any contents.
The Online Properties are the property of Roady’s Truck Stops and/or its licensors and contractors. You are granted a non-exclusive, revocable, non-assignable, personal, non-transferable and limited license to view the Online Properties and to print off copies of any or all of the pages of the Online Properties provided (a) it is used only for non-commercial informational purposes (except it may be used in furtherance of your commercial relationship with Roady’s Truck Stops ), (b) you do not remove or obscure the copyright notice or other notices, and (c) you do not violate this Agreement or any third party rights. Without the prior written consent of Roady’s Truck Stops , you are not allowed (i) to modify, copy, mine, scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or material, products or services obtained from the Online Properties; (ii) to reproduce any part of the Online Properties or mirror any material contained on the Online Properties on any other server; or (iii) to create a link to or from the Online Properties without express permission.
Roady’s Truck Stops reserves the right, at its discretion, to refuse access to the Online Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement. Roady’s Truck Stops reserves the right to withdraw or amend the Online Properties, and any service or material provided on the Online Properties, in our sole discretion without notice.
Prohibited Use of the Online Properties
You agree that all information you provide on the Online Properties is correct, current and complete. As an express condition of your use of any Online Property, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement as the same could lead to criminal or civil prosecution. Also, you agree not to use the Online Properties in any way that could damage, disable, over burden, or impair the same, or interfere with others’ use. Furthermore, you agree not to attempt to gain access to Roady’s Truck Stops computer systems or networks connected to Roady’s Truck Stops through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Online Properties. Additionally, you agree not to impersonate or attempt to impersonate Roady’s Truck Stops, a Roady’s Truck Stops employee, another user or any other person or entity.
Electronic Signatures
The Online Properties contain opportunities to provide your electronic signature. “Electronic signature” means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation “I Accept” checkboxes, buttons or click-throughs, email or other electronic methods of signature. Where you so indicate by electronic signature, you agree that each electronic signature you provide through the Online Properties is intended to authenticate the applicable writing and that your electronic signature is the legal equivalent of your manual signature. You have the right to revoke your consent to electronically sign documents at any time by sending an email to media@roadys.com however any such revocation will not alter the validity and enforceability of any previously provided electronic signatures.
Product and Service Information
The information and material presented on or through the Online Properties is made available solely for general information purposes. The Online Properties may contain information related to Roady’s Truck Stops and its daily fuel prices, product information and pricing, store specials, manufacturer’s rebates, store facilities, store locations, service offerings, service availability, and other special offers. Roady’s Truck Stops makes no warranties or guarantees that such information is accurate 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 Online Properties, or resources offered through the Online Properties, you may be asked to provide certain 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 agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of secure areas of the Online Properties through any methods, including unauthorized access through or to your Account IDs. Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of any Account IDs. You agree that Roady’s Truck Stops or third parties may suspend your access pending an investigation of the use of any of your Account IDs. You agree to cooperate fully with any and all investigations. You agree to notify Roady’s Truck Stops 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 Roady’s Truck Stops will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
Third Party Sites and Content (Links to Other Websites)
The Online Properties contain links to other websites which are hosted, operated and/or managed by third parties. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by Roady’s Truck Stops of the use of or content on such other websites. Should you choose to visit any such website, you do so at your own risk. Roady’s Truck Stops makes no warranty or representation and disclaims any liability related to any linked website and/or its content, and Roady’s Truck Stops is not responsible for the terms of use or privacy practices of such other website. We strongly recommend that you read the terms of use and privacy policies of every linked website you elect to visit.
Trademarks
ROADY’S ® is a mark owned by Roady’s Truck Stops and may not be used without the express written permission of Roady’s Truck Stops. You may not use any Roady’s Truck Stops trademarks, service marks, trade names, trade dress or other intellectual property without the express written permission of Roady’s Truck Stops and such use must adhere to Roady’s Truck Stops instructions and guidelines, and applicable law. Please email Click here for Additional Terms relating to Roady’s Rewards.
Geo-Location Services
Roady’s Truck Stops mobile app utilizes geo-location services when you allow the mobile app to access your location via your mobile device settings. In the event you elect to provide Roady’s Truck Stops to access your location, Roady’s Truck Stops may 1) provide services available through the mobile app to you, 2) market additional products and services to you, and 3) conduct internal research based on your current location. Further, by electing to provide Roady’s Truck Stops to access your location, you consent to the collection, use, sharing, and transfer of your geo-location data with Roady’s Truck Stops and third-party providers of Roady’s Truck Stops who help facilitate the services made available through the mobile app. You may turn location access on or off by visiting the “Settings” portion of your mobile device.
Disclaimer of Representations and Warranties
THE ONLINE PROPERTIES ARE PROVIDED BY ROADY’S TRUCK STOPS ON AN “AS IS” AND “AS AVAILABLE” BASIS. VISITORS TO THE ONLINE PROPERTIES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE ONLINE PROPERTIES. ROADY’S TRUCK STOPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PROPERTIES OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE ONLINE PROPERTIES. TO THE FULL EXTENT PERMITTED BY LAW, ROADY’S TRUCK STOPS , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. ROADY’S TRUCK STOPS MAKES NO WARRANTIES THAT USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ROADY’S TRUCK STOPS DOES NOT WARRANT THAT ANY CONTENT OF THE ONLINE PROPERTIES IS ACCURATE, RELIABLE OR CORRECT; THAT THE ONLINE PROPERTIES WILL MEET YOUR REQUIREMENTS; THAT THE ONLINE PROPERTIES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROADY’S TRUCK STOPS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS,
Representation and Warranty: Indemnity
BY ACCESSING OR USING THE ONLINE PROPERTIES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE ONLINE PROPERTIES. You also represent that you are at least 18 years of age (or you have parental permission if you are under 18 years of age) and have the right, power, and authority to enter into this Agreement.
You agree to defend, indemnify, and hold Roady’s Truck Stops, its officers, directors, employees, agents, and licensors, harmless from and against any and all claims, actions, demands, costs, expenses, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, including the Privacy Policy, any applicable Additional Terms, your use of the Online Properties, your violation of the rights of any third party, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, or any misrepresentation made by you. Roady’s Truck Stops reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Roady’s Truck Stops defense of any claim. You will not in any event settle any claim without the prior written consent of Roady’s Truck Stops.
Limitation of Liability
ROADY’S TRUCK STOPS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES, THE UNAVAILABILITY OF THE ONLINE PROPERTIES OR THIRD PARTY WEBSITES, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA, PROFITS, USE, BUSINESS OR GOOD-WILL, OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF ROADY’S TRUCK STOPS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE PROPERTIES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE PROPERTIES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ONLINE PROPERTIES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ROADY’S TRUCK STOPS. THE ONLINE PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE ONLINE PROPERTIES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.
Dispute Resolution, Binding Arbitration, and Class Action Waiver
Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Roady’s Truck Stops agree this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. If any controversy, allegation, dispute, claim or cause of action relates in any way to your use of the Online Properties (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Payette County, Idaho, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Idaho. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenes with respect to venue and jurisdiction in the state and federal courts of Idaho. Arbitration shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after such Dispute arose or be forever banned.
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any controversy, allegation, dispute, claim or cause of action of any other party. YOU AND ROADY’S TRUCK STOPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Miscellaneous
This Agreement and any applicable Additional Terms constitute the entire agreement between you and Roady’s Truck Stops regarding the Online Properties, and supersede all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Online Properties, the content, products or services provided by or through the Online Properties. No Roady’s Truck Stops consent or approval may be deemed to have been granted by Roady’s Truck Stops without being in writing and signed by an officer of Roady’s Truck Stops. If any provision of this Agreement or any applicable Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement and any applicable Additional Terms, which shall remain in full force and effect. No waiver of any term of this Agreement or any applicable Additional Terms shall be deemed a further or continuing waiver of such term or any other term.
You hereby 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 shall not limit the full Agreement. Roady’s Truck Stops may assign its rights and obligations under this Agreement and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Roady’s Truck Stops.
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 Us. help@roadyscorp.com
PRIVACY POLICY
In consideration of Roady’s® (together with its affiliates, “Roady’s Truck Stops”) allowing you to use Roady’s Truck Stops Online Properties (defined below) and the services provided by and related to the Online Properties, you agree to be bound by the terms and conditions of this Terms of Use Agreement, which incorporates Roady’s Truck Stops Privacy Policy, (collectively, the “Agreement”).
In some instances, both this Agreement and separate terms will apply to your use of the Online Properties (“Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
Your use of the Online Properties constitutes your acceptance of this Agreement. You acknowledge and agree that your use of the Online Properties has the same effect as manually signing this agreement with Roady’s Truck Stops and creates a valid, binding contract between you and Roady’s Truck Stops. If you do not agree to the terms of this Agreement, proceed no further, do not obtain services through the Online Properties, do not access any of the Online Properties, and do not download the mobile app.
Online Properties Defined and Use
Roady’s Truck Stops collects information about you when you access and use our websites, mobile applications, content, products and services (collectively, the “Services”) and through other interactions and communications you have with us. Our Services are provided by Roady’s Truck Stops, an Idaho limited liability company, located at 222 N. Plymouth Ave., New Plymouth, ID 83655, and its subsidiaries and affiliates (collectively, “Roady’s Truck Stops”). This Privacy Policy applies to information collected and used by Roady’s Truck Stops unless any of its websites, mobile applications, content, products and services indicate they are subject to a separate privacy policy. In this Privacy Policy, the words “including” and “include” mean “including without limitation.”
Protecting individual privacy is important to us. This Privacy Policy is intended to notify you, or in the case that you represent a business entity, you and that business entity (“you”), of the type of information that we may collect from users of the Services and to generally summarize how we use and protect that information. Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. BY ACCESSING AND USING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.
THE INFORMATION WE COLLECT
Information You Give Us
We collect information you provide directly to us, including personally identifiable information you submit to complete a transaction or to receive information you have requested, such as by contacting us or registering to receive product announcements, updates and notifications, as well as content you submit in connection with your access and use of the Services. This information may include your name, email address, mailing address and telephone number. We may also collect financial information, including credit card numbers, associated card data and tax identification numbers, in the event you register an account and purchase Services from us. Your payment information is collected and processed by a third party vendor and is not stored or accessible by us.
Information We Collect From Your Use of Our Services
When you access and use our Services, we collect information about you that includes the following general categories:
Usage and Preference Information: We collect information about how you interact with our Services, including the types of Services provided, time spent using the Services and other related transaction details. When you access the Services, we may use a web server log to automatically track and collect certain non-personally identifiable information, such as your Internet protocol (IP) address, referral pages and pages viewed, access times and other relevant statistics. We also may use common information collection tools like pixel tags (also called beacons or clear gifs), which are small files installed on or called by a webpage or application, to retrieve certain information about your browser or device, including device type, operating system, browser type and version, website visited, time of visit, referring website, IP address and other similar information. Another common identification technology we may use is cookies, which are small files placed on your computer’s hard drive or mobile device, to help recognize unique users and monitor general traffic and use trends. Cookies help us to understand how you use and navigate our Services and, in turn, how we can make our Services more user friendly.
Device Information: We may collect information from and about your mobile device, including the hardware model, operating system and version, software and file names and versions, preferred language, device identification number, serial number, device motion information, mobile network information, device’s telephone number, timestamp, location and stored cookies information.
Log Information: When you interact with our Services, we collect server logs, which may include information like device IP address, access dates and times, application features or pages viewed, application crashes and other system activity, type of browser and the third party site or service you were using before interacting with our Services.
Location Information: When you use our Services, we collect precise location data. We may also derive your approximate location from your IP address.
Third Party Information Collection
When you use our Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include your mobile device manufacturer, your mobile network provider and analytics companies.
The information these third parties collect may be associated with your personally identifiable information or they may collect information, including personally identifiable information, about your online activities over time and across different websites, applications and other online services websites. We do not control these third parties’ tracking technologies or how they may be used, and we are not responsible for their practices. We encourage you to visit the third parties’ websites to learn more about their privacy policies.
HOW WE USE YOUR INFORMATION
The information we collect may be used to provide, maintain, protect, help improve, develop new functionality, administer and personalize our Services, provide product and service information, fulfill transactions or requests made by you and give you notices about your account and when application updates are available. The information may also be used to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, and for analytics, industry and market research and such other purposes consistent with our legitimate business needs. Further, we may use certain information for the purpose stated at the time of your disclosure.
Please note that we may share your personally identifiable information with third parties we use to support our business or with whom we have a business relationship and among each of our affiliated companies. We may also disclose your personally identifiable information:
i. If we are required to do so by law or legal process (such as a court order);
ii. In response to a request by law enforcement authorities; or
iii. When we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
When you agree with another user of our Services, you expressly:
i. agree to permit Roady’s Truck Stops applications to access location services through the permission system used by your mobile operating system;
ii. consent to Roady’s Truck Stops use of location-based services, disclosure of your location data to the other user of Roady’s Truck Stops Services with whom you agreed to provide and disclose your location data for the reasons described above about how we may share your personally identifiable information with third parties; and
iii. agree to defend, indemnify and hold us and our employees, contractors, officers and managers harmless from all liabilities, claims and expenses, including attorneys’ fees, arising out of or resulting from you disabling the collection of location information by changing the location settings on your mobile device.
We do not rent, sell or trade any personally identifiable information and will not share your personally identifiable information with any third party except as set forth above. However, we will from time to time contact you about our own or other companies’ goods and services that we think may be of interest to you. We reserve the right to transfer your personally identifiable information in the event we sell, merge or transfer all or a portion of our equity, assets or business.
We may disclose your non-personally identifiable information publicly or to third parties without restriction to, for example, show trends about the use of our Services, as we do not deem such information private or confidential.
YOUR CHOICES
Account Information You may correct your account information at any time by logging into your account. If you wish to cancel your account, please contact us as set forth in this Privacy Policy. Please note that in some cases we may retain certain information about you as required by law or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms and Conditions, we may seek to resolve the issue before deleting your information.
Rights Concerning Your Personally Identifiable Information
If you provide us with personally identifiable information, you have the following rights with respect to that personally identifiable information to:
i. Review the personally identifiable information that you have supplied to us;
ii. Request that we correct any errors, outdated information or omissions in the personally identifiable information that you have supplied to us;
iii. Request that your personally identifiable information not be used to contact you;
iv. Request that your personally identifiable information be removed from any solicitation list that we use;
v. Request that your personally identifiable information be deleted from our records; and
vi. Opt out of being solicited by us.
If you request that your personally identifiable information be deleted from our records, there may be a brief delay in our processing that request while we verify that the request is valid and originates from you as opposed to an unauthorized third party. If you request that your personally identifiable information be deleted, we reserve the right to terminate any account you have registered with us or limit your access to the Services.
To exercise any of these rights, please contact us as set forth in this Privacy Policy.
Location Information
If you initially permit the collection of precise location from your mobile device per the permission system used by your mobile operating system, you can later disable it by changing the location settings on your mobile device. This may limit your ability to use certain features of our Services. Additionally, disabling the collection of precise location from your mobile device will not limit our ability to derive approximate location from your IP address.
Cookies
With most Internet browsers, you can erase or reject cookies, or set your browser to prompt a warning whenever a cookie is sent. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your mobile device. If you choose to refuse or remove cookies, this could affect the availability and functionality of our Services.
OPTING-OUT
If you have registered for product announcements, news or updates, we will use your personally identifiable information to fulfill your request. You may stop receiving any electronic communications from us, including our newsletter, at any time by emailing the request to: help@roadyscorp.com