Disclaimers

CrossAmerica Partners LP

 

TERMS OF USE 

 

Please read the following terms of use (these “Terms”) carefully before using or visiting the website of CrossAmerica Partners LP and its affiliates and operating subsidiaries, (CrossAmerica Partners LP, CrossAmerica GP LLC and their affiliates and operating subsidiaries hereinafter collectively shall be referred to as “CrossAmerica,” “we,” or “us”), located at www.crossamericapartners.com (“Website” or “CrossAmerica Website”), using our mobile applications or online portals, or participating in any online features, products, services and/or programs offered by us (collectively, with the Website, the “Services”). The Website and these Terms are subject to change at any time without notice. Your use of the Website after the posting of any amendments or modifications to these Terms constitutes your acknowledgment of such amendments and modifications and your agreement to abide, and be bound, by these Terms as so amended and modified.

These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the Services, you agree to be bound by these Terms and all additional terms incorporated by reference.  If you do not agree to any portion of these Terms, you should not access or otherwise use the Website or the Services.

  1. Convenience and Information. This Website and other Services are provided to you as a convenience and for your information only. CrossAmerica makes no guarantees whatsoever as to the following: (i) the completeness, correctness or accuracy of the Website or any statements, documents, images, graphics, logos, designs, audio, video, data, software, documentation or any other information or materials provided from or through the Services (collectively, the “Content”); (ii) that CrossAmerica has any obligation to update any Content; (iii) that the Content is free from technical inaccuracies or programming or typographical errors; (iv) that the Content is free from changes made by a third party; (v) that your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or (vi) that any information obtained in response to comments or questions asked through the Services is or will be accurate or complete. If you become aware of such an inaccuracy, please inform us so that it may be corrected.

  2. Ownership of Materials, Limited License to Use Website. The Services, Content, and all rights therein are owned or licensed by CrossAmerica and are protected by copyright and trademark law, international treaties, and other intellectual property rights. CrossAmerica grants to you a limited, non-exclusive and non-transferable right and license to view, download, print, and copy materials on this Website for your own internal informational use in evaluating CrossAmerica and the products and/or services that it offers, provided that: (i) you do not modify the materials; (ii) any copies that you may make must be marked “Copyright CROSSAMERICA PARTNERS LP. All rights reserved” and (iii) you retain all copyright and propriety notices originally contained in the materials on any copies. You may not use, reproduce, copy, modify, display, perform, post, transmit, distribute, publish, license, create derivative works from, transfer or sell any information, materials, content, software or applications contained on this Website or the other Services for any commercial purpose. Nothing herein shall be construed as granting any license or right to use this Website, the Services or or any Content, except as expressly provided herein.

  3. Trademarks. CrossAmerica Partners and the CrossAmerica Partners logo are registered trademarks of CrossAmerica in the United States and other countries. All other names, logos, and trademarks mentioned herein are the property of their respective owners (“Third-Party Owners”). Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the CrossAmerica Partners name, logos, trademarks or other intellectual property displayed on this Website or through the Services, except as expressly provided herein or by obtaining the written permission of CrossAmerica or such other Third-Party Owner, as applicable. You acknowledge that CrossAmerica may enforce its intellectual property rights to the fullest extent of the law, including, without limitation, seeking criminal prosecution.

  4. Third-Party Links. This Website may provide links to third-party websites. Any such links are provided solely as a convenience to you. CrossAmerica has no control over these third-party websites or their content and does not assume any responsibility or liability for these websites. Unless specifically disclosed elsewhere, CrossAmerica does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Website, you do so at your own risk. You release CrossAmerica from any damages that you may incur, and agree not to assert any claims against CrossAmerica, arising from your use of or access to third-party websites through our Website or its Content.

  5. Third-Party Materials on the Website. This Website may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. CrossAmerica has not itself tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall CrossAmerica be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.

  6. Feedback. Subject to the provisions of the Privacy Policy relating to personal information, you acknowledge and agree that any comments or feedback you provide to CrossAmerica regarding the Website or products or services available on or associated with the Website are deemed to be non-confidential. This includes suggestions, ideas, comments or other submissions to CrossAmerica, whether through the Website or otherwise. CrossAmerica shall be free to use such comments or feedback on an unrestricted basis, as we deem fit, without compensation to you. You agree that no comments or feedback submitted by you to CrossAmerica will violate the rights of third-parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.

  7. Privacy and Protection of Personal Information. While we provide reasonable precautions to protect your confidential information, we do not, and cannot, guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. Additional information about the privacy and security of your information is available in our Privacy Policy at www.crossamericapartners.com. The Privacy Policy is incorporated by reference into these Terms. Please review the Privacy Policy for disclosures relating to the collection and use of your information through this Website.

  8. Registration Information. You may be required to supply certain registration information to create an account (“User Account”) or to otherwise access and use certain Services, including your name, e-mail address, and a password (“Registration Information”), for example, when signing up for the CrossAmerica Dealer Portal, using the Dealer Inquiry Form, applying for careers through our Careers Page, or submitting your resume to our Careers Network,  We may use and share your Registration Information in order to provide you with our Services and as described in our Privacy Policy.

    You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. If any of your Registration Information changes, you must update it promptly.  Neither we nor our indemnitees shall be responsible for verifying your Registration Information.  You will be solely responsible for maintaining the confidentiality of your Registration Information. You agree not to give or make available your password or other credentials that you use in connection with the Services to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such password or credentials.  We reserve the right, to deny your access to any one or more account(s) or to the Services or any part thereof, or to deactivate or cancel a User Account in our sole discretion.

  9. Consent to Receive Notices Electronically by Posting on the Site or Via E-mail. By using this Website or using any of our Services, you consent to receive any agreements, notices, disclosures and other communications (collectively, “Service Notices”) from us electronically, including without limitation by e-mail or posting Service Notices on this Website. You agree that all Service Notices that we provide to you electronically satisfy any legal requirements that such communications be in writing. Also, please note that your consent to receive notices is separate from any election that you make with respect to receipt of marketing communications, pursuant to the terms of our Privacy Policy.

  10. Copyright Notice. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. 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 the U.S. copyright law. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CrossAmerica Partners LP's Copyright Agent the following information:

    i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    ii. A description of the copyrighted work or other intellectual property that you claim has been infringed;
    iii. A description of where the material that you claim is infringing is located on the Web Site;
    iv. Your address, telephone number, and email address;
    v. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    vi. A statement by you, made under penalty of perjury, that the above information in your notice 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; and
    vii. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and the signature, physical or electronic, of you or a person authorized to act on your behalf.


    Send this information by certified mail and marked “Copyright Infringement” to our DMCA Agent at the address below:

    CrossAmerica Partners LP
    600 Hamilton Street, Suite 500
    Allentown, PA 18101

    We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

  11. No Investment Advice. No Materials presented within this Website, the Services, or the Content should be regarded as investment advice. CrossAmerica does not offer to sell or solicit offers to buy securities through this Website. If you are interested in purchasing securities in CrossAmerica, it is recommended that you contact a licensed investment advisor and review all SEC submitted documents, such as 10-Ks and 10-Qs, before making a purchase of any securities. Data and information is provided for informational purposes only, and is not intended for trading purposes.

  12. No Warranty. THE SERVICES, THIS WEBSITE, INCLUDING ANY CONTENT AND INFORMATION CONTAINED WITHIN IT, AND ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CROSSAMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CROSSAMERICA MAKES NO WARRANTY (I) AS TO THE SUITABILITY, ACCURACY, TIMELINESS, COMPLETENESS, AVAILABILITY OR RELIABILITY OF THE WEBSITE AND ANY CONTENT, INFORMATION, PRODUCT OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (III) THAT ANY DEFECTS IN THE SERVICES, WEBSITE OR ANY SERVER THROUGH WHICH YOU ACCESS THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITH RESPECT TO ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA, OR ANY OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES. YOU AGREE THAT YOUR USE OF THIS WEBSITE AND ANY MATERIALS CONTAINED ON THIS WEBSITE IS AT YOUR OWN RISK AND YOU ARE NOT RELYING ON ANY EXPRESS OR IMPLIED REPRESENTATION IN CHOOSING TO USE OR ACCESS THE SERVICE.

  13. Limitation of Type of Damages. IN NO EVENT SHALL CROSSAMERICA, OR ANY OF ITS OFFICERS, DIRECTORS, ADMINISTRATORS, AGENTS, PARTICIPANTS, ATTORNEYS, EMPLOYEES, EXECUTORS, HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, OR OTHER REPRESENTATIVES, AND EACH PERSON ACTING BY, THROUGH, UNDER OR IN CONCERT WITH SUCH PARTIES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, MALFUNCTIONS, DELAYS, LOSS OF DATA, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS, PROFIT OR ANTICIPATORY PROFITS, ARISING OUT OF THE USE, INABILITY TO USE, OR RESULTS OF USE OF THIS WEBSITE, THE SERVICES, OR ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED ON ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, OR TORT, EVEN IF CROSSAMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY OF ANY KIND. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, WEBSITE, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE IS TO STOP USING THE WEBSITE FOR SUCH SERVICES.

  14. Limitation of Amount of Damages. YOU AGREE THAT, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY OF ANY KIND, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THE USE, INABILITY TO USE, OR RESULTS OF USE OF THE SERVICES, THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED ON ALL SUCH WEBSITES, EXCEED ONE HUNDRED ($100.00) DOLLARS.

  15. Indemnification. You agree to indemnify and hold CrossAmerica, and each of the respective members, managers, officers, employees, agents, directors, administrators, participants, attorneys, executors, heirs, predecessors, successors, assigns, service providers, and other representatives, of each entity of CrossAmerica, and each person acting by, through, under or in concert with such parties, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, due to or arising out of (i) your use of or conduct on the Website or through the other Services, including but not limited to any allegation that any information, data or materials that you submit to CrossAmerica infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; (ii) your use of software robots, spiders, crawlers or similar data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on the infrastructure of the Website; (iii) your failure to comply with these Terms; (iv) your breach of your obligations under these Terms; (v) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (vi) your violation of any law or the rights of a third party; (vii) any dispute or issue between you and any third party; and (ix) your willful misconduct.

  16. Jurisdiction. This Website resides on a server located in Allentown, PA. By entering this Website, you acknowledge and agree that CrossAmerica operates this Website from its offices within the United States of America and that this Website is intended for viewing within the United States only and will only be construed and evaluated according to United States law. CrossAmerica makes no representations that the materials on this Website or available through the Services are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and are responsible for compliance with all local laws. In fact, use of this Website is unauthorized in any jurisdiction that does not give full effect to any or all of the provisions of these Terms, including, without limitation, the warranty disclaimer in Section 12, the liability exclusions in Section 13 and Section 14, the indemnification provision in Section 15 and this Section 16. Further, you may not use this Website in violation of United States export laws and regulations. These Terms and use of this Website and the Services shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to its conflicts-of-laws provisions, and all users of this Website and the Services submit to the exclusive personal jurisdiction and venue of the federal and state courts of the Commonwealth of Pennsylvania with respect to any matters related to use of this Website or to these Terms.

  17. Termination of Service. We may suspend or terminate your right to access portions of the Website or Service, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.

  18. Additional Remedies. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.

  19. Miscellaneous. You agree that no joint venture, partnership, employment or agency relationship exists between you and CrossAmerica as a result of these Terms or your use of this Website or Services. Performance of these Terms by CrossAmerica is subject to existing laws and legal process and nothing contained in these Terms is in derogation of the right on the part of CrossAmerica to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by CrossAmerica with respect to such use.

    These Terms and the Privacy Policy constitute the entire agreement between you and CrossAmerica with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CrossAmerica with respect to this Website.

  20. Contact. If you have additional questions or comments of any kind, please let us know by sending your comments or requests to us at: 

    CrossAmerica Partners LP
    600 Hamilton Street, Suite 500, 
    Allentown, PA 18101
    E-mail: info@crossamericapartners,com
    Phone: (610) 625-8000.

    These Terms were last modified as of June 17, 2021.