Marketing Messages

TERMS AND CONDITIONS – TEXT MESSAGES

Last updated: May 13, 2020

AGREEMENT TO TERMS

 

These Terms and Conditions of Use (“Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and CALs Convenience, doing business as Stripes Stores operated by CAL’s Convenience (“Company”, we”, “us”, or “our”), concerning your access to and use of the My Rewards (the “Program”) website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Your access to and use of any part of the Program constitutes your express agreement to the terms of this Agreement. IF YOU DO NOT AGREE WITHTHIS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Additional terms and conditions or documents for this Program, including (without limitation) Terms and Conditions, Privacy Policy, Accessibility Statement, and any promotional, or sweepstake rules may be posted on the Site from time to time are hereby expressly incorporated herein by reference and shall be binding upon all participants. We reserve the right, in our sole discretion, to make changes or modifications to these Agreement any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility for remaining knowledgeable of any Agreement and any changes You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your continued use of the Site after the date such revised Agreement are posted.

 

GENERAL

 

When you opt-in to the service, we will send you a message to confirm your signup.

By opting into messages, you agree to receive recurring automated marketing and informational text messages from [Company]. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with [Company]. [Company] reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. [Company] also reserves the right to change the short code or phone number where messages are sent.

Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Your consent to receive marketing messages is not a condition of purchase.

You also agree to our [Link to Terms of Use] and [Link to Privacy Policy].

 

SUPPORTED CARRIES

 

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

 

CANCELLATION 

 

You can cancel any time by texting “STOP”. After you send the SMS message “STOP” to the number you get messages from us at, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent.

 

INFO

 

Text “HELP” at any time and we will respond with instructions on how to get info and unsubscribe. For support regarding the Program, text “HELP” to the number you received messages from or email us at [Company’s Customer Service Email Address].

TRANSFER OF NUMBER

 

You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at [Company’s Customer Service Email Address]. The duty to inform us based on the above events is a condition of membership to this program.

 

MESSAGING TERMS CHANGES

 

We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.

 

GOVERNING LAW 

 

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

 

DISPUTE RESOLUTION

 

Informal Negotiations

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

 

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Collin County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Collin County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

 

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

ACTS, ERRORS, OR OMISSIONS

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.  The Company is not responsible for: (a) any loss or misdirection of, or delay in receiving, any application, correspondence, redemption requests; (b) theft or unauthorized redemption; (c) any acts of omissions of third parties; or (d) any errors  published in relation to the Program.

 

 

LIMITATIONS OF LIABILITY

 

YOUR USE OF THE PROGRAM IS AT YOUR OWN RISK.  IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, CONTRACTORS, SUPPLIERS OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEY FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) SPENT BY YOU ON QUALIFYING PURCHASE UNDER THE PROGRAM WITHIN THE LAST 6 (SIX) MONTHS WHICH FORM THE BASIS OF YOUR CLAIM, OR ONE-HUNDRED DOLLARS ($100) IF YOU HAVE NOT PAID ANY AMOUNTS TO COMPANY.  THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT.   IF YOU LIVE IN A STATE DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGE WAIVERS DESCRIBED IN THIS SECTION, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  YOU AGREE TO PROMPTLY NOTIFY IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE COMPANY’S PARTIES.  YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN 1 (ONE) YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUS OF LIMITATION) SHALL BE WAIVED AND RELEASED.

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, officers, employees, affiliates, partners, contractors, suppliers or  agents, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of this Agreement; (3) any breach of your representations and warranties set forth in this Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

CONTACT US 

 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

 

CAL’s Convenience     

7460 Warren Parkway Suite 310   

Frisco, TX 75034  

United States  

Phone: 469-577-9018  

rewards@calscstores.com

 

 

SEVERABILTY AND WAIVER

 

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, all of which shall remain in full force and effect.   Failure to exercise or delay in exercising any right, power or privilege by Company under this Agreement shall not constitute any waiver or modification of the terms of this Agreement by Company.

 

ENTIRE AGREEMENT 

 

This Agreement, together with any others terms and conditions, policies, rules or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and you relating to the subject matter hereof, and supersede any prior understanding or agreements (whether oral or written) regarding the subject matter herein.  Terms that by their nature are intended to survive the termination, cancellation, or expiration of this Agreement shall survive.

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