Santanna Energy Rewards – Terms and Conditions

 Terms & Conditions

 At the Santanna Energy Rewards Program, our goal and commitment is to make your customer experience as successful and satisfying as possible, and to help you get the full value from your reward.

By using the www.SantannaEnergyRewards.com website (the “Site”), you agree to be bound by all of the terms in these Terms of Use (the “Agreement”) and any terms and conditions in our prior agreement when you were enrolled as a customer in the Santanna Energy Rewards Program. As we are regularly updating and enhancing the Santanna Energy Rewards Program, the Santanna Energy Rewards Program reserves the right, in its sole discretion, to update or modify this Agreement at any time. Your continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Please read these Terms of Use carefully and, if you have any questions, or if this Agreement does not conform to your understanding of what you were told the Santanna Energy Rewards Program was, please contact the Santanna Energy Rewards Program Customer Support at [email protected].

 Accessing Your Reward. The Santanna Energy Rewards Program hereby grants you a non-exclusive, non-transferable, limited right to access, use and display the Site for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms of Use. Your Santanna Energy Rewards Program customer account can only be activated/accessed through the www.SantannaEnergyRewards.com website. You have unlimited access to the Santanna Energy Rewards Program website 24 hours a day, 7 days a week, 365 days a year.

 Reward Overview. The primary benefit of the Santanna Energy Rewards Program is an enrolled customer’s receipt of, and ongoing access to free, promotional rewards, as defined below, given on enrollment, good for use on the deals, products, etc. of the customer’s choice. As a customer of the Santanna Energy Rewards Program, your benefits may include shopping discounts, shopping deals, shopping rewards, shopping offers, shopping promotions, dining discounts, dining deals, dining rewards, dining offers, and dining promotions (“Reward Dollars”), depending on your customer status. Access to, and instructions regarding, your rewards are found within each of the specific reward benefit links found within the Santanna Energy Rewards Program. All benefits within the program do require actions on your part, along with internet access, to claim and utilize them. Some benefits within the program may require a printer. We will provide you instructions for how to activate your Reward Dollars, which are not legal tender or currency, and have no cash value.

 Your Account is Free. You understand that the Santanna Energy Rewards Program is not charging you anything for the Santanna Energy Rewards Program, and will never charge you anything for the Santanna Energy Rewards Program, and that your access to the Santanna Energy Rewards Program is free.

 Action is Required to Claim Your Benefits. Action on your part is required to activate and claim your reward(s).

Customer Consent to Use Personal Information. Santanna and its rewards program partner(s) share customer information with each other to facilitate the rewards program. Customer consents to this information sharing. Santanna and its rewards program partner(s) implement and maintain a comprehensive information security program reasonably designed to protect the security, confidentiality and integrity of customer information.

Online Communication & Emails. The Santanna Energy Rewards Program is an online reward program. You understand that the manner in which a customer activates their reward, accesses their reward and related benefits, redeems their reward and related benefits, and communicates with Customer Support, etc. is all online. By becoming a customer, you have agreed to receive emails from the Santanna Energy Rewards Program associated with your account.

 Terms of Use. Once you have activated your account and/or reward, you will enjoy unlimited access to the Santanna Energy Rewards Program website for as long as you wish to access it, and are an active customer. Your account and/or reward is non-transferable and has no cash value. Your account and/or your reward are not a gift card or a gift certificate, but rather a premium discount and couponing reward program used for various deals and discounts. However, the rewards program may offer drawings for gift card giveaways and similar prizes. Benefits are not for re-sale. You are entirely responsible for maintaining the confidentiality of your account password and user account information. You will promptly notify us if you become aware of any unauthorized use of your account. The Santanna Energy Rewards Program is limited to residents of the United States (excluding Iowa) and Canada only and to individuals over the age of eighteen (18). Access to the Santanna Energy Rewards Program and www.SantannaEnergyRewards.com are governed by this Agreement. Use of the Reward Dollars you earn as a part of the Santanna Energy Rewards Program is governed by additional and separate “Terms of Use”, which shall be available to you when accessing your Reward Dollars, and which you shall be asked to accept whenever you use your Reward Dollars.

 Cancelling The Santanna Energy Rewards Program is Not Necessary. Because the Santanna Energy Rewards Program is free, there is no reason for you to contact the Santanna Energy Rewards Program to cancel your Santanna Energy Rewards Program reward. If you do not like the Santanna Energy Rewards Program, you can simply choose not to use the Santanna Energy Rewards Program. If you were given access to the Santanna Energy Rewards Program as a result of your affiliation with or purchase from some third party entity, and wish to inquire about that affiliation or purchase, you should contact that third party entity directly.

 No Warranty/Limitation of Liability. You agree that the Santanna Energy Rewards Program, its subsidiaries and affiliates, and each of its officers, directors, owners, and employees, along with the provider/host/administrator of the Site (“Company Parties”) are not responsible or liable for any benefits, goods or services provided by any participating vendors. If you have any claims relating to such benefits, goods or services provided by a participating vendor, you agree to make your claim against the vendor providing the benefit, good or service. You will not consider the Company Parties (and the Company Parties will not be construed as) a party to such transactions, whether or not Company parties may have received some form of revenue or other remuneration in connection with such transactions, and the Company Parties will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions. The Company Parties assume no responsibility for the payment of, or contribution to, any use or sales tax on the benefits, which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the benefits, as the case may be.

This Site is provided on an “as is” and “as available” basis with no warranties whatsoever. THE COMPANY PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO USE OF THIS SITE OR ANY OF THE BENEFITS, PRODUCTS OR SERVICES OR RELATED INFORMATION PROVIDED TO YOU FROM COMPANY OR FROM OUR PARTICIPATING VENDORS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BENEFITS, PRODUCTS, SERVICES AND MATERIALS FROM THIS SITE OR THE PARTICIPATING VENDORS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THIS SITE OR OUR PARTICIPATING VENDORS SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

UNDER NO CIRCUMSTANCES SHALL COMPANY PARTIES’ LIABILITY EXCEED WHAT YOU HAVE PAID TO THE MONTHLY SHOPPING & DINING DOLLARS REWARD PROGRAM OR TO THE COMPANY PARTIES (WHICH IS NOTHING), AND UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE.

 Indemnification. You agree to indemnify, hold harmless and, at our option, defend the Company Parties from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Site, your violation of this Agreement, or your infringement, or the infringement or use of any Intellectual Property Rights (as defined herein).

 Links. The Site may contain links to other web sites. The Company Parties does not control such other web sites and is not responsible or liable for the availability thereof or the products, services or other materials contained on such web sites. The Company Parties shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked web sites, including the products, services and materials therein, is solely at your own risk.

 Intellectual Property. You hereby agree and acknowledge that the Company Parties own all right, title and interest in and to this Site, including, without limitation, all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. You acknowledge that all marks that appear throughout the Site belong to the Company Parties, or the respective owners of such marks, and are protected by applicable trademark and copyright laws. Any use of any of the marks appearing throughout the Site without the express written consent of the Company Parties or the owner of the mark, as appropriate, is prohibited.

 Severability/Waiver. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.

 Arbitration. All legal issues arising from or related to the use of your account and this Site shall be construed in accordance with the laws of the State of Texas applicable to contracts entered into and wholly to be performed within Travis County, Texas. Any controversy or claim arising out of or relating to this Agreement or your use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). 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 another party. The arbitration shall be conducted in Texas, in Travis County and judgment on the arbitration award may be entered into in any state or federal court in Texas having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) The use of your account and this Site and the terms of this Agreement shall be governed exclusively by the laws of the State of Texas and the Federal Arbitration Act, without regard to conflict of laws provisions. By using the Site and thereby agreeing to the Agreement, you hereby consent to the personal jurisdiction and venue in the state and federal courts sitting in the State of Texas.

 Assignment. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.

 Entire Agreement. This Agreement, plus any provision in your customer contract/agreement with the sponsor of the Santanna Energy Rewards Program, and the Reward Dollars Terms of Use, constitute the entire agreement between you and the Company Parties relating to the subject matter herein.

 Feedback. If you have comments on the Site or ideas on how to improve it, please email [email protected]. Please note that by doing so, you also grant the Santanna Energy Rewards Program permission to use and incorporate your ideas or comments into the Site without compensation.

Customer Service. If you have any questions or concerns about your account and/or the Site, contact us at [email protected]. We are glad to help. For full contact information for Customer Service, visit: https://www.SantannaEnergyRewards.com.