All About the Smart Rewards Card

Welcome to the Fuel Mart Smart Rewards Card program. This program is owned and operated by Ports Petroleum Co., Inc., PO Box 1046, Wooster, OH 44691; (330)264-1885. These Fuel Mart Smart Rewards Card terms and conditions form the agreement (the Agreement) between you (You) and Ports Petroleum Co., Inc. (the Company).

1. Agreement to Terms. YOU AGREE TO READ THESE TERMS AND CONDITIONS BEFORE USING THE FUEL MART SMART REWARDS CARD. If you do not agree to these terms and conditions, you may not participate in the FUEL MART SMART REWARDS CARD program. Use of the FUEL MART REWARDS CARD program signifies your agreement to the terms and conditions of use set forth below.
2. Modification of Agreement. Company reserves the right, at its sole discretion, to change, add or remove any portion of this agreement, modify the agreement, in whole or in part, at any time. Notification of any changes will be posted at www.fuelmart.com (the Website). Use of the Fuel Mart Rewards Card program will constitute your agreement with the changes and your willingness to be bound by them.
3. Minimum Age Requirement. You must be at least 13 years old to hold and use a Fuel Mart Rewards card.
4. Company’s Rights. The Company may change, suspend or discontinue any aspect of the Fuel Mart Rewards Card program at any time, including, but not limited to rewards and point accruals/redemption methods. Company may also impose limits on membership eligibility, certain features and services or restrict your access to part or all of the Fuel Mart Rewards Card program or the Website without notice or liability. Company reserves the right, at its sole discretion, to refuse service, cancel membership, suspend or terminate an account.
5. Indemnification for Your Breach of Agreement. You hereby agree to indemnify, defend, and hold Company and all of its officers, directors, owners, agents, employees, information providers, (the Indemnified Parties) harmless from and against any and all liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorney fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not in any event settle any matter without the written consent of Company.
6. No Warranty. THE FUEL MART REWARDS CARD PROGRAM, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU THROUGH THE WEBSITE IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSABLE BY LAW, COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE FUEL MART REWARDS CARD PROGRAM. THE MATERIALS, INFORMATION AND FUNCTIONS OR SERVICES AWARDED OR REDEEMED THROUGH THE PROGRAM. FURTHER, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES BY THE USE OF THE FUEL MART REWARDS CARD PROGRAM OR THE WEBSITE. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE FUEL MART REWARDS CARD PROGRAM, INCLUDING, WITHOUT LIMITIATION, THE WEBSITE AND ANY ERRORS CONTAINED THEREIN. COMPANY SHALL NOT BE LIABLE FOR ANY FAILURE OF THE FUEL MART REWARDS CARD PROGRAM INCLUDING THE WEBSITE WHICH RESULTS FROM ACTS OR EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL.
7. LIMITATIONS OF COMPANY’S LIABILITY AND DAMAGES. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS ARISING FROM LOST OR STOLEN FUEL MART REWARDS CARD, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE FUEL MART REWARDS CARD PROGRAM OR ITS WEBSITE. THIS INCLUDES WITHOUT LIMITATION, LOST PROFITS, LOST POINTS, BUSINESS INTERUPTION, DAMAGE TO EQUIPMENT, COMPUTER SYSTEMS OR PROGRAMS, OR ANY INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA. THE MAXIMUM LIABILITY COLLECTIVELY OF THE COMPANY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) FOR ANY DAMAGE OF ANY NATURE, INCLUDING GROSS NEGLIGENCE, ARISING IN CONTRACT, TORT, OR OTHERWISE.
8. Expiration and Forfeiture of Points. Points earned on a Fuel Mart Rewards Card will, after 1 year of inactivity, expire at the rate of 10% per month until gone. Membership will expire after two years of inactivity on the card.
9. Privacy Policy. See Company’s Privacy Policy on the Website.
10. Entire Agreement. These terms and conditions and the Privacy Policy constitute the entire agreement between Company and You with respect to your use of the Fuel Mart Rewards Card program. Any cause of action You may have with respect to your use of the Fuel Mart Smart Rewards Card program must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Your privacy is important to us.  We need and collect personal information from you in connection with your enrollment and use of the Fuel Mart Smart Rewards Card (the Service). Any information we collect from you will be used exclusively by us, our agents, suppliers, and third-party service providers for internal use to provide the Service to you or in connection with joint marketing efforts and alliances with business partners.  We do not sell your personal information to any unaffiliated third parties without your consent.  We may disclose your personal information if we are required to do so by applicable laws.  An example of this type of disclosure would be providing your name and address to a police officer in connection with a criminal investigation or to an attorney pursuant to a valid subpoena request.  We may also disclose your personal information if required to do so pursuant to corporate best practices and policies.  One example of this type of disclosure would be a disclosure to a private agency for the purpose of detecting or preventing fraud or in the event of emergency. 

By applying for the Service you acknowledge and agree to our Privacy Policy.  If you have any concerns regarding our Privacy Policy, please contact Customer Service at 1-800-562-0373.  If you object to our Privacy Policy, you must terminate the Service by cancelling your enrollment.  We reserve the right to change our Privacy Policy from time to time as determined in our exclusive discretion.  We post our Privacy Policy online and at our stores.