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TERMS AND CONDITIONS

UPDATED: February 2026

PLEASE READ THESE TERMS OF USE AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS SITE. THESE TERMS INCLUDE PROVISIONS FOR MANDATORY ARBITRATION, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, AND INDEMNIFICATION. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS OR USE THIS SITE.

THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER.  BY USING OUR SITES AND AGREEING TO THESE TERMS AND CONDITIONS YOU ARE AGREEING TO THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER, INCLUDING WAIVER OF YOUR RIGHT TO A JURY TRIAL.

AGREEMENT

These Terms constitute a legally binding agreement between you and Sheetz, Inc. and all applicable affiliated companies (collectively, “Sheetz,” “we,” “us,” or “our”) posting these Terms on their websites (each, a “Site”), mobile applications (each, an “App”), and any other online location, information or documentation operated by us (the “Documentation”) (collectively, the Sites, Apps, and Documentation are referred to as the “Services”).

These Terms apply to your access to or use of the Services and any reference to “you” “your” or “user” refers to the individual using or accessing the Site pursuant to the Terms, and to the extent applicable, the words “you,” “your,” or “user” also refer to the legal entity on whose behalf the Services being used or accessed.  The Effective Date of these Terms is the day you agree to these Terms or access the Services, whichever comes first. You may only use the Services after you agree to these Terms. If you do not agree to these Terms, you may not use our Services.  If you are using or accessing the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to agree to these Terms on behalf of that legal entity

ACCEPTANCE OF TERMS

By clicking the “I AGREE” button, completing the registration process, downloading our app, accessing or using the Services, you confirm to us that: (1) you have read, understand, and agree to be bound by these Terms and (2) you (as the individual entering into these Terms) have the authority to enter into these Terms on behalf of the company or other entity.

PROPRIETARY RIGHTS

Ownership.
All patent, copyright, trademark, trade secret, ownership, license, intellectual property, and other rights and interests in the Services (including any reports, scripts, images, photographs, text, and objects incorporated into the Services) shall remain solely with Sheetz, including its licensors.  As between Sheetz and you, Sheetz or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services.  The Services, and any part thereof, are not being sold to you.  No title to or ownership of any proprietary rights related to the Services is transferred to you or any user under these Terms.  Sheetz may have patents, patent applications, trademarks, copyrights or other intellectual property rights that may be protected by national and international copyright laws and treaties, as well as other laws and treaties.  Except as otherwise expressly provided under these Terms, we are not giving you any licenses to any such intellectual property by providing the Services to you.  All rights not explicitly granted to you are reserved by us.

Feedback.

Sheetz is free to use any comments, suggestions, recommendations, and other feedback, including without limitation, with respect to modifications, enhancements and improvements, (“Feedback”) you provide with respect to the Services for any purpose, without obligation.  By submitting Feedback to us, you agree that you have the right to provide Feedback to us and that you hereby agree to grant Sheetz an irrevocable, worldwide, perpetual, royalty-free license, to use the Feedback for any purpose, including without limitation, to incorporate any such Feedback into the Services that Sheetz generally provides.

Third-Party Brands and Trademarks.

The Services may display third-party brand, logos, products, and company names and these are trademarks™ or registered trademarks ® of their respective owners. The unauthorized use of the names, logos, trademarks and service marks on the Services is strictly prohibited. The display of these marks on the Services does not imply any sponsorship, endorsement, support, or ownership affiliation between the trademark owners and Sheetz.

MODIFICATION OF THE TERMS

We reserve the right, at our sole discretion, to change, modify, and/or add to the Terms, in whole or in part, at any time.  Such changes will be effective when posted on the Services, uploaded to the App, or on the effective date specified in such updated Terms.  You agree to review the Terms periodically to ensure you are aware of any changes to the terms and conditions that apply to you.  We may notify you of material changes to the Terms by sending a notice to the email address associated with your account, posting a notice, or by other methods that we may communicate to you.  Your use of and access to the Services or any part thereof after any changes become effective will be considered your acceptance of those changes, and will constitute your agreement to be bound thereby.  If you object to any such changes, you may not continue to use or access the Services and any part thereof, and your sole recourse will be to stop using the Services.

MODIFICATION OF THE SERVICES

We reserve the right to make changes, updates, or modifications to the Services at any time for any reason without notice to you.

OUR RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THE SERVICES

We may suspend or terminate the Services or your account to use specific Services, including any portion thereof, such as discontinuing the availability of the Services on a particular device, at any time and without notice to you.  For example, we may suspend or terminate your access to or use of the Services for the actual or suspected violation of these Terms.  If, in our determination, the suspension might be indefinite or we have elected to terminate your access to the Services, we may use reasonable efforts to notify you.

YOUR CONDUCT AND RESPONSIBILITIES

User Account.

Services available to our customers may only be accessed by the customer (and any customer-authorized users) who register to open an account. You are responsible for maintaining the confidentiality and security of your username and password for your account and you will remain responsible for all activity from your account. In registering for or opening an account, you agree to provide accurate and complete registration information and to keep such information up to date. You will take reasonable steps to prevent unauthorized use of your account and to keep your password(s) secure and confidential. We encourage you to use “strong” passwords with your account (for example, passwords that use a combination of upper and lowercase letters, numbers and symbols).  Sheetz will not be liable for any losses caused by any unauthorized use of your account. You must notify us immediately of any breach of security or unauthorized use of your account.

Mobile Apps.

To use any App feature of the Services, you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device.  You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms will apply to all updated versions of an App. Any third-party open-source software included in an App is subject to the applicable open-source license and may be available directly from the creator under an open-source license. These Terms do not apply to your use of software obtained from a third-party source under an open-source license.

User Conduct.

You agree that you will not engage in, encourage, or assist any third party do any of the following:

engage in activity that harms or disrupts the operation or performance of the Services or cause harm to others

misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any account, user, device, system or network related to the Services

use the Services in any manner not permitted by us

use our Services to train Artificial Intelligence systems

use the Services for any illegal purpose

use the Services to publish, post, share, copy, store, backup or distribute material protected by intellectual property rights of a third party, unless you own or have necessary rights to such material

use the Services to publish, post, share, copy, store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted files or any other similar software that may interfere with, surreptitiously intercept, expropriate any system, data or information, or otherwise damage the operation of the Services or another person’s device or property

engage in online activities that would encourage other parties to cause damage to the Services

violate, circumvent or attempt to violate or circumvent any security measures employed by us; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Services by any means including, without limitation, hacking our servers or systems, transmitting a virus, overloading, mail-bombing or crashing

directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services

alter or modify any disabling mechanism which may be included in Services

collect or attempt to collect personal data, or any other kind of information about other users, including through spidering or scraping

lease, rent, sell, transfer, distribute, re-license or sublicense the Services or use it or permit its use in a time-sharing arrangement

remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) from the Services

conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Service.

use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Services; (2) reproduce or circumvent the navigational structure or presentation of the Services; or (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services.

PRIVACY AND SECURITY

When you access and use the Services, we will collect certain information about you.  Your use of and access to the Services is subject to our Privacy Policy, which can be accessed at https://sheetz.com/privacy-policy-notice

REWARDZ PROGRAM AND PROMOTIONS

Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, "Promotions") made available through the Services may also be governed by rules and/or terms that are additional to these Terms. By participating in any such Promotion, you will become subject to any such additional Promotions terms. Sheetz urges you to read the applicable Promotions terms, which are either included herein or linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with any such Promotions.

You may receive digital offers through the Services from time to time. The following general terms apply to these offers:

Redemption period for each offer begins and ends as indicated.

Offers are single use only, unless otherwise stated. Once a digital offer code has been redeemed, it will no longer be available.

Offers may only be redeemed at participating Sheetz location(s).

Some food and/or beverage items may not be available at all times or locations.

Offers are not transferable.

Offers are void where restricted, prohibited or taxed, or if reproduced, altered, purchased, distributed, auctioned, or sold.

Offers are not eligible for cash refunds and have no cash value. Use with other offers may be restricted.

GEOGRAPHIC RESTRICTIONS

The owner of the Sites is based in the Commonwealth of Pennsylvania in the United States. We provide this Site(s) for use only by persons located in the United States.  We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States.  Access to the Sites may not be legal for certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMERS

Sheetz makes no representations or warranties regarding the Services.  

WE DO NOT WARRANT THAT THE SHEETZ SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE SERVICES OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SHEETZ SERVICES.

LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, YOU AND US EACH AGREE TO LIMIT CLAIMS FOR DAMAGES, OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY. NEITHER YOU NOR WE SHALL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. YOU AGREE SHEETZ IS NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY, BY ANY ACT OF NATURE, OR BY ANY CRIMINAL ACTIVITY BY SOMEONE UNRELATED TO SHEETZ.

IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

INDEMNIFICATION

You agree to indemnify and hold harmless Sheetz and its directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Sites, violation of these Terms of Use by you or any other person using your account, or your violation of any rights of another.  We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

ELECTRONIC COMMUNICATIONS AND NOTICES

From time to time, we may need to get in touch with you regarding the Terms, the Services and/or other matters related to your Account.  We may provide information to you by email using the email address you provided to us when you opened your Account.  You consent to receive communications from us electronically.  If you do not agree to receive notices regarding the Services by email, you must not use the Services.  Notices emailed to you will be deemed received by you when the email is sent by us.  We do not accept any liability or responsibility for emails or other electronic communications that are filtered, intercepted, lost, or not received.

You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing.  You may be required to have certain hardware and software to access and retain such communications, which is your sole responsibility. 

You may provide legal notices to us by registered mail, return receipt requested, to the following address: 

Sheetz, Inc.

Attn.: Office of the General Counsel

5700 Sixth Avenue

Altoona, PA 16602

United States of America

Tel.: (800) 487-5444

COMPLIANCE WITH LAW

You agree to comply with all applicable local, state, national and foreign laws, rules and regulations in connection with your access to or use of the Services.

SEVERABILITY

If any provision of these terms of use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these terms of use.

GOVERNING LAW

These terms shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without regard to any choice of law or conflict of laws principles, regardless of where you live.  You further agree that United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to the Terms.

DISPUTE RESOLUTION/ARBITRATION

You recognize that, although the Internet can be accessed from anywhere in the world, this Site is located in the Commonwealth of Pennsylvania, United States of America, and that when you access the Site, you are doing so in the Commonwealth of Pennsylvania, United States of America. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO CONTROVERSIES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THIS AGREEMENT, OR THE FORMATION, INTERPRETATION, BREACH, TERMINATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE SETTLED BY BINDING, INDIVIDUAL ARBITRATION ADMINISTERED BY A SINGLE ARBITRATOR WITH THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES OR OTHER APPLICABLE RULES, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.  JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. The arbitrator may award injunctive relief only to the extent necessary to provide relief warranted by a party’s individual claim.  No arbitrator will have the authority to award any relief or remedy in excess of, or contrary to what is provided in this Agreement.  Notwithstanding the above, neither party is precluded from seeking interim injunctive or other equitable relief in any court with competent jurisdiction, and neither party shall be held to have waived the right to enforce this arbitration clause by filing a lawsuit to obtain any injunctive or other equitable relief for the purpose of protecting the rights and property of such party.

CLAIMS RESOLUTION

Most customer concerns can be resolved by calling our customer service department at the number listed on our website. In the event that customer service is unable to resolve a complaint to your satisfaction, you and we agree to resolve your complaint through binding arbitration instead of courts of general jurisdiction.

Neither you nor we will have the right to litigate any claim in court or have a jury trial on any claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim.

For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claims, dispute or controversy relating to your use of the Sites, these Terms and Conditions, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, cross-claims, and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with the Sites; and (4) claims that arise from or relate to (a) any use of the Sites, including any mobile application; (b) advertisements, promotions or statements related to any accounts, goods or services on or made available through the Sites, including any mobile application; (c) benefits, services, offers or promotions related to the My Sheetz Rewardz Card membership program (including fee-based or free benefit programs, enrollment services and reward programs); (d) any purchases made through one or more of the Sites, including any mobile application; and (e) your application for any account or My Sheetz Rewardz Card membership. You may not sell, assign or transfer a claim.

Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

SENDING A CLAIM NOTICE

Before beginning an arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided electronically or to your billing address, where applicable. Notice to us must include your name, address, My Sheetz Rewardz Card membership number, if applicable, and be sent to General Counsel, Sheetz Legal Department, 5700 Sixth Ave. Altoona, PA 16602.

LIMITATIONS ON ARBITRATION

Any arbitration will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other My Sheetz Rewardz Card members, other users of the Sites, including other mobile application account holders or users, or other persons similarly situated.

The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.

ARBITRATION PROCEDURES

At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court having jurisdiction.

Arbitration pursuant to these Terms and Conditions and shall be administered by JAMS pursuant to its Consumer Arbitration Rules and/or other JAMS arbitration rules determined to be applicable by the JAMS (the “JAMS Rules”) before one (1) arbitrator. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The award of the arbitrator shall be final and judgment upon the award may be entered in a court of competent jurisdiction in any court with appropriate jurisdiction.

Any disputes regarding this arbitration provision, including applicability, enforcement, validity, or interpretation, shall be resolved by the arbitrator. In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction. The allocation of costs between the parties shall be allocated in accordance with the JAMS Consumer Minimum Standards (the “Standards”).

Unless prohibited by the Standards or JAMS Rules, each party will bear their own costs in connection with the arbitration.

This arbitration agreement (“Arbitration Agreement”) evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by JAMS in accordance with the Standards and other applicable JAMS Rules then in effect, except as modified here. The JAMS Rules are available at www.jamsadr.com/adr-rules-procedures/. The Standards are available here https://www.jamsadr.com/consumer-minimum-standards/. In order to initiate arbitration, a completed written demand (available at www.jamsadr.com/submit/) must be filed with the JAMS and provided to the other party, as specified in the JAMS rules. Pursuant to the Standards, the parties may exchange non-privileged information relevant to the dispute as part of the arbitration.

Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules and, where appropriate, limited by the Standards. If such costs are determined by the arbitrator to be excessive, the arbitrator may determine an appropriate allocation of fees between the parties. Except as permitted by applicable law, either party may make a request that the arbitrator award attorneysʼ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.

The following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a partyʼs copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) any claim for the remedy of public injunctive relief. If applicable, the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. Notwithstanding the provisions above, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.

If the parties cannot agree on an arbitrator within thirty (30) business days of the date of the written request for arbitration, the arbitration will proceed before an arbitrator selected by JAMS.

To initiate arbitrations on proceedings in circumstances where the parties cannot agree on an arbitrator, the party initiating the arbitration request shall first notify the other party in writing that no agreement can be reached on the selection, and then that party shall submit a request to JAMS requesting the appointment of an arbitrator. The designated arbitrator shall have experience and expertise in the subject matter of the dispute.

CONTINUATION

This Arbitration provision will survive termination of your My Sheetz Rewardz Card membership, mobile application account or use, any legal proceeding, and any bankruptcy. If any portion of this Claims Resolution section is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Claims Resolution section.

GENERAL

Severability.

If any provision of the Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Waiver.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Force Majeure.

We will not be liable to you for any delay, interruption or other failure to perform under these Terms due to acts beyond our reasonable control, including, without limitation, natural disasters, wars, riots, terrorist activities, Internet service providers and other third parties, explosions and fires, strikes and labor disputes, governmental decrees, pandemics, and other acts beyond our reasonable control.

Assignment.

We may assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, to any third party at any time without notice.  You may not assign or transfer these Terms or any of your rights and obligations, in whole or in part, without our prior written consent, and any attempt by you to do so will be invalid and void.

Independent Contractors; Third Party Beneficiaries.

You and we are independent contractors, and nothing in these Terms creates a partnership, employment relationship or agency.  There are no third-party beneficiaries of these Terms.

Entire Agreement.  These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof.

Rules of Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.

Survival.  The following provisions shall remain in full force and effect notwithstanding any termination of your use of the Services: Sections 2 through 7, and 9 through 16.