Terms and Conditions
Last Updated: January 16, 2024
Welcome to the websites of BW Gas & Convenience Holdings, LLC and its affiliates and subsidiaries, including without limitation Allsup’s and Yesway convenience stores (collectively, “Company”, “we” or “us”), which are maintained as a service to our customers. The following terms and conditions are between you and us.
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE SITES AND PROGRAMS (DEFINED BELOW), YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SITES AND PROGRAMS.
- Agreement. This Terms and Conditions of Use agreement, including all agreements referenced herein and/or expressly incorporated herein by reference (the “Agreement”), specifies the terms and conditions for access to and use of Company’s websites, which include, without limitation, www.yesway.com, www.allsups.com, www.yeswayallsupsrewards.com, www.shopyeswayallsups.com, and allsupsyeswaystore.com and all of Company’s mobile applications, social media sites, loyalty programs, and all related content, material, programs, promotions, and services available thereto (collectively, the “Sites and Programs”). Company may revise the Agreement at any time by updating the Agreement and posting it on an applicable website or otherwise linking to the terms on a mobile application. Any such modifications will be effective immediately upon the date of posting such modified terms. You can view the most recent version of the Agreement at any time at any of the websites listed above. Accordingly, you should visit one of these websites and review the Agreement periodically to determine if any changes have been made. Your continued use of Sites and Programs after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to the Agreement. If you do not agree to the new Agreement, you must stop accessing and using the Sites and Programs.
- Ownership and Use. All content, images, text and materials included in and made available to you in the Sites and Programs (the “Content”) are and will continue to be the property of Company or its content suppliers and are protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such Content or any part of the Sites and Programs is prohibited, except as expressly permitted in the Agreement. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of Company’s Sites and Programs. We reserve all rights not expressly granted to you. We reserve the right to modify the functionality, Content and other capabilities included with the Sites and Programs at any time.
You agree to comply with all laws applicable to your use of Company’s Sites and Programs. If you register or provide personal contact information through our Sites and Programs, you agree that information provided by you is truthful and accurate to the best of your knowledge. You also agree that you are responsible for and shall maintain the confidentiality of your account information and will not share such information with third parties. You agree that you are responsible for all activities under any account registered to you.
- Intended Audience. By accessing and using the Sites and Program, you confirm that (and represent and warrant that) you are at least 18 years of age and can form a binding contract with Company. If you are under the age of 18, your parent or legal guardian must consent to this Agreement on your behalf.
- Sites and Programs Use. Company grants you a limited, revocable, nonexclusive license to use Company’s Sites and Programs (and applicable Content) solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. You agree not to copy materials on or in Company’s Sites and Programs, reverse engineer or break into a site, or use materials, products, or services in violation of any law. You may not modify, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code underlying the Sites and Programs. You also agree that you will neither (a) use any robot, spider, rover, scraper, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third party website, or otherwise use the Sites and Programs (including any Content) in any way except as specifically permitted by the Agreement or otherwise in writing by us. You agree not to allow or assist any third party in violating or attempting to violate any of the above restrictions or prohibitions, whether or not for your benefit. The Sites and Programs are subject to all restrictions on use, disclaimers of warranties and other provisions in this Agreement. The use of Company’s Sites and Programs is at our discretion and we may terminate your use of the Sites and Programs at any time. We will not be liable if for any reason all or any part of the Sites and Programs are unavailable at any time or for any period.
- Indemnification. You agree to indemnify, defend and hold us and our members, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of the Agreement, any applicable laws, rule or regulations, or any other claim arising from or related to your use of the Sites and Programs.
- Errors and Omissions. While we attempt to provide accurate information regarding our products and services, including product descriptions, pricing, programs and promotions, our Sites and Programs and/or our Content may contain errors or omissions related to our products and services. All such errors, inaccuracies and omissions will be corrected where discovered by Company or brought to our attention. We reserve the right to correct any errors or omissions on or in our Sites and Programs, revoke any stated offer, and cancel any orders related to such information (including after an order has been submitted). If you have already been charged for a purchase and your order is cancelled, we will issue a refund for amounts paid. You further agree that Company will have broad discretion to address and rectify any errors or omissions in the operation of our Sites and Programs.
- Disclaimer. THE CONTENT, SITES AND PROGRAMS AND ALL ASSOCIATED FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THROUGH THE SITES AND PROGRAMS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF COMPANY’S SITES AND PROGRAMS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THIS SITE WILL BE TO DISCONTINUE USING THE SITES AND PROGRAMS.
- Limitation of Liability. IN NO EVENT WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITES AND PROGRAMS OR YOUR SITES AND PROGRAMS USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND PROGRAMS IS TO CEASE ALL USE OF SUCH SITES AND PROGRAMS.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in the Agreement that directly conflict with such laws may not apply to you.
- Online Purchases. When you place an order online, you understand and expressly agree that there is a risk of fraud or security breach. While we use industry standard methods to protect your transaction and sensitive information, Company disclaims any and all warranties that such transactions will be error-free or may not be subject to a third-party security breach and you waive all claims against Company related thereto.
All online orders are subject to our acceptance or rejection based on product availability, compliance with this Agreement, or any other reason as determined in our sole discretion. The receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
All purchases of our products must be for your personal use only. By purchasing our products, you agree not to resell or distribute such products for any commercial purpose. If we suspect that you are someone who has resold our products in the past, currently resells our products, or intends to resell our products in the future without our authorization, we may, without limitation, restrict sales to you, cancel your past, present or future orders, void any warranties stated herein or on the products that you ordered, prohibit or restrict product returns, institute order quantity restrictions, and/or suspend or close your account. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order if we suspect that you are in violation of these Terms.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue online ordering (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of online ordering services.
- Systems/Mobile Devices. Some operating systems and mobile devices may not be capable of accessing the Sites and Programs. You agree that you alone are responsible for all access and connectivity charges assessed by your communications carrier in connection with access to or use of the Sites and Programs. Neither Company or our service providers are liable for faults or failures arising in connection with your attempts to access or use any of the Sites and Programs, including delayed or undelivered messages.
- User-Generated Content. “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other Content that you post on or through the Sites and Programs using the social networking tools we make available to you and that does not constitute New Ideas. You are solely responsible for User-Generated Content that you post, including comments, photographs and other media that you post using the Sites and Programs. Examples of User-Generated Content include comments posted to discussion boards and product reviews. User Generated Content also includes any information that you publish through any social media platform (e.g., Instagram, Twitter, Facebook, Pinterest or Google+) while using the Sites and Programs. Under no circumstances will we be liable in any way for any User-Generated Content. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permissions to post it. Because we do not control the User-Generated Content posted on or through the Sites and Programs, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content.
You own the copyright in any original User-Generated Content you post. However, by using the Sites and Programs you are granting us and our subsidiaries, affiliates, successors, and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, with or without attribution, without restriction or notification, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any confidential information or product ideas. We reserve the right (but do not assume the obligation) to: monitor all User-Generated Content, require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws or compliance with the Agreement, including, without limitation, restrictions on User-Generated Content, censor, editor, remove, or block any User-Generated Content at any time without notice at our sole and absolute discretion, disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of our customers or others, or to enforce this Agreement.
It is a condition of this Agreement that you do not:
- upload, post, transmit or otherwise make available:
- any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy
- any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law
- any User-Generated Content that is false, misleading, or fraudulent
- any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity
- any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian
- any request for or solicitation of any personal or private information from any individual
- any request for or solicitation of money, goods, or services for private gain
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose; or
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national or international law, rule or regulation.
- upload, post, transmit or otherwise make available:
- Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- 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 that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on Company’s websites is as follows:
138 Conant Street
Beverly, MA 01915
- Governing Laws in Case of Dispute; Jurisdiction. Any action arising out of this Agreement, including but not limited to a breach of this Agreement, shall be brought before the federal or local courts presiding in Texas, whichever is appropriate, and to whose jurisdiction you consent in such an action. The applicable law in such an action will be the laws of the State of Texas applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. To the extent permitted by law, any cause of action you may have with respect to this Agreement must be commenced within one (1) year after the claim or cause of action arises.
- Class Action Waiver. In any dispute regarding this Agreement, YOU AGREE THAT NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS PARTICIPANT, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The forum hearing the dispute may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
- Severability. If any provision of the Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect.
- Waiver. The failure of Company to exercise or enforce any right or provision of the Agreement will not operate as a waiver of such right or provision. Any waiver of the Agreement by us must be in writing and signed by an authorized representative of Company.
- Termination. Company may terminate the Agreement and/or suspend your access to the Sites and Program at any time, with or without notice, for any reason.
- Relationship of the Parties. Nothing contained in the Agreement or your use of the Sites and Programs will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
- New Ideas. “New Ideas” refers to the feedback you post on or through the Sites and Programs or otherwise communicate to Company. Any New Ideas you provide to us will be and remain our exclusive property. Your submission of New Ideas will constitute an assignment to us of all worldwide rights, title and interests in your New Ideas, including all copyrights and other intellectual property rights in your New Ideas.