Terms of Use Agreement

In consideration of MUSKET CORPORATION (together with its affiliates, “MUSKET”) allowing you to use Musket’s Online Properties (defined below) and the services provided by and related to the Online Properties, you agree to be bound by the terms and conditions of this Terms of Use Agreement, which incorporates Musket’s Privacy Policy (collectively, the “Agreement”). 

In some instances, both this Agreement and separate terms will apply to your use of the Online Properties (“Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.

Your use of the Online Properties constitutes your acceptance of this Agreement.   You acknowledge and agree that your use of the Online Properties has the same effect as manually signing this agreement with Musket and creates a valid, binding contract between you and Musket. If you do not agree to the terms of this Agreement, proceed no further, do not obtain services through the Online Properties, do not access any of the Online Properties. 

Online Properties Defined and Use

The “Online Properties” shall mean Musket’s webpages including, without limitation, webpages under www.musketcorp.com, Musket’s affiliate’s social media sites and all associated contents, functionality and services.

The Online Properties are the property of Musket and/or its licensors and contractors. You are granted a non-exclusive, revocable, non-assignable, personal, non-transferable and limited license to view the Online Properties and to print off copies of any or all of the pages of the Online Properties provided (a) it is used only for non-commercial information purposes (except it may be used in furtherance of your commercial relationship with Musket), and (b) you do not remove or obscure the copyright notice or other notices, and (c) you do not violate this Agreement or any third party rights. Without the prior written consent of Musket, you are not allowed (i) to modify, copy, mine, scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or material, products or services obtained directly from the Online Properties; (ii) to reproduce any part of the Online Properties or mirror any material contained on the Online Properties on any other server; or (iii) to link to or from the Online Properties. 

Musket reserves the right, at its discretion, to refuse access to the Online Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement. Musket reserves the right to withdraw or amend the Online Properties, and any service or material provided on the Online Properties, in our sole discretion without notice.

Prohibited Use of the Site

You agree that all information you provide on the Online Properties is correct, current and complete. As an express condition of your use of any Online Property, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement, as the same could lead to criminal or civil prosecution.  Also, you agree not to use the Online Properties in any way that could damage, disable, overburden, or impair the same, or interfere with others’ use of it.  Furthermore, you agree not to attempt to gain access to Musket’s computer systems or networks connected to Musket through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Online Properties. Additionally, you agree not to impersonate or attempt to impersonate Musket, a Musket employee, another user or any other person or entity.

Electronic Signatures

The Online Properties contain opportunities to provide your electronic signature. “Electronic signature” means any electronic sound, symbol or process attached to or logically associate with a record and executed and adopted by a party with the intent to sign such record, including without limitation “I Accept” checkboxes, buttons or click-throughs, email or other electronic means or signature. Where you so indicate by electronic signature, you agree that each electronic signature you provide through the Online Properties is intended to authenticate the applicable writing and that your electronic signature is the legal equivalent of your manual signature. You have the right to revoke your consent to electronically sign documents at any time by email to webmaster@loves.com however any such revocation will not alter the validity and enforceability of any previously provided electronic signatures.

Product and Service Representation

The information and material presented on or through the Online Properties is made available solely for general information purposes. The Online Properties may contain information related to the products and services provided by Musket. Musket makes no warranties or guarantees that such information is accurate or that each service or product will produce anticipated results or be available at a specific time or at every location.

Account IDs & Passwords

To access certain portions of the Online Properties, or resources offered through the Online Properties, you may be asked to provide certain registration details or other information, such as user identification numbers, names or passwords (“Account IDs”).

You are solely responsible for maintaining the confidentiality of your Account IDs and agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of secure areas of the Online Properties through any methods, including unauthorized access through or to your Account IDs. Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of any of your Account IDs. You agree that Musket or third parties may suspend your access pending an investigation of the use of any of your Account IDs. You agree to cooperate fully with any and all investigations. You agree to notify Musket immediately of any unauthorized use of your Account IDs. You agree that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and that Musket will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

Third Party Sites and Content (Links to Other Websites)

The Online Properties contain links to other websites which are hosted, operated and/or managed by third parties. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by Musket of the use of or content on such other websites. Should you choose to visit any such website, you do so at your own risk. Musket makes no warranty or representation and disclaims any liability related to any linked website and/or its content, and Musket is not responsible for the terms of use or privacy practices of such other website. We recommend that you read the terms of use and privacy policies of every linked website you elect to visit.

Trademarks

MUSKET CORPORATION is a trademark owned by Musket. There are other trademarks, service marks, trade names and trade dress on the Online Properties owned by Musket. These may not be used without the express written permission of Musket. You may not use any Musket trademarks, service marks, trade names, trade dress or other intellectual property without the express written permission of Musket and such use must adhere to Musket’s instructions and guidelines (including without limitation Musket’s published brand identity guidelines), and applicable law.  Please visit https://loves.com/aboutus/mediacenter/logorequest to obtain the Musket’s affiliate, Love’s Brand Identity Guidelines.

To assist and inform you and other users of our Online Properties, Musket makes licensed or fair use of trademarks, service marks, logos, graphics, designs, names, and the like of third parties for display on the Online Properties. Musket makes no claim of ownership of these marks, and such materials are to be considered the exclusive property of the respective third parties. Musket’s use of the marks of third parties is not intended to suggest corporate affiliation with, sponsorship of or endorsement by the mark’s holder.

Copyrights

All software and content included on the Online Properties, including all text, graphics, logos and images, are owned by Musket or third parties and is protected by United States and/or international copyright laws. Any use of the Online Properties including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the Online Properties or of Electronic Communications (defined in the Privacy Policy below) is strictly prohibited, except as otherwise specifically set forth in this Agreement. You do not acquire ownership rights to any content or other materials viewed on or through the Online Properties. The posting of information or materials on the Online Properties does not constitute a waiver of any rights therein.

Disclaimer

THE ONLINE PROPERTIES ARE PROVIDED BY MUSKET ON AN “AS IS” AND “AS AVAILABLE” BASIS. VISITORS TO THE ONLINE PROPERTIES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE ONLINE PROPERTIES. MUSKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PROPERTIES OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE ONLINE PROPERTIES. TO THE FULL EXTENT PERMITTED BY LAW, MUSKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS.  MUSKET MAKES NO WARRANTIES THAT USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.  WITHOUT LIMITING THE FOREGOING, MUSKET DOES NOT WARRANT THAT ANY CONTENT OF THE ONLINE PROPERTIES IS ACCURATE, RELIABLE OR CORRECT; THAT THE ONLINE PROPERTIES WILL MEET YOUR REQUIREMENTS; THAT THE ONLINE PROPERTIES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUSKET SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS.

Representation and Warranty; Indemnity

BY ACCESSING OR USING THE ONLINE PROPERTIES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE ONLINE PROPERTIES. You also represent that you are at least 18 years of age (or you have parental permission if you are under 18 years of age) and have the right, power and authority to enter into this Agreement.

You agree to defend, indemnify, and hold Musket, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any and all claims, actions, demands, costs, expenses, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, including the Privacy Policy, any applicable Additional Terms, your use of the Online Properties, your violation of the rights of any third party, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, or any misrepresentation made by you. Musket reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Musket’s defense of any claim. You will not settle any claim without the prior consent of Musket.  

Limitation of Liability

MUSKET WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE ONLINE PROPERTIES OR THIRD-PARTY WEBSITES, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA, PROFITS, USE, BUSINESS OR GOOD-WILL, OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF MUSKET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE PROPERTIES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE PROPERTIES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ONLINE PROPERTIES. 

THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MUSKET. THE ONLINE PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE ONLINE PROPERTIES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.

Privacy Policy

Musket’s Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement and is set forth below. Accordingly, all terms contained herein, apply equally to the Privacy Policy. 

Modification and Effectiveness

Musket may amend or replace any part of this Agreement or any applicable Additional Terms from time to time without specific prior notice to you.  Any modifications to this Agreement or any applicable Additional Terms will be effective immediately upon posting of, or reference to the posting of, such modification on the Online Properties. It is your responsibility to review the Agreement and any applicable Additional Terms each time you use the Online Properties so that you are aware of any modifications made. Usage of the Online Properties means you accept the then current form of the Agreement and any applicable Additional Terms. For your convenience and future reference, the date of the current version of this Agreement is noted below. By continuing to visit and use the Online Properties following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement. If you object to any such changes, your sole recourse is to cease using the Online Properties.

Dispute Resolution, Binding Arbitration, and Class Action Waiver

Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Musket agree this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.

If any controversy, allegation, dispute, claim or cause of action relates in any way to your use of the Online Properties (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Oklahoma County, Oklahoma, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Oklahoma. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal court of Oklahoma. Arbitration shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any dispute must be filed with one (1) year after such Dispute arose or be forever banned.

Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any controversy, allegation, dispute, claim or cause of action of any other party. YOU AND MUSKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Miscellaneous

This Agreement and any applicable terms constitute the entire agreement between you and Musket regarding the Online Properties, and supersede all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Online Properties, the content, products, or services provided by or through the Online Properties. No Musket consent or approval may be deemed to have been granted by Musket without being in writing and signed by an officer of Musket. If any provision of this Agreement or any applicable Additional Terms 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 this Agreement and any applicable Additional Terms, which shall remain in full force and effect. No waiver of any term of this Agreement or any applicable Additional Terms shall be deemed a further or continuing waiver of such term or any other term.

You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The section headings are provided for convenience only and shall not limit the full Agreement. Musket may assign its rights and obligations under this Agreement and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Musket.

Contact Information

If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement and any applicable Additional Terms, please contact us at webmaster@loves.com or by any of the ways listed on Contact Us webpage at http://www.musketcorp.com/ContactUs.

February 2018

 

 

PRIVACY POLICY

This Privacy Policy is a part of the Terms of Use Agreement, which governs your use of the Online Properties. 

In consideration of Musket corporation (together with its affiliates, “Musket”) allowing you to use this the Online Properties (as defined in the Terms of Use Agreement), you agree to be bound by the terms of this Privacy Policy. YOUR USE OF THE ONLINE PROPERTIES CONSTITUTES YOUR ACCEPTANCE OF THIS ONLINE PROPERTIES’ TERMS OF USE AGREEMENT WHICH INCORPORATES THIS PRIVACY POLICY. If you do not agree to the terms of this Privacy Policy, you should proceed no further and obtain no services through the Online Properties. This Privacy Policy does not govern our data collection activities offline or otherwise outside of our Online Properties (unless otherwise stated at the time of collection).

Introduction

This Privacy Policy is designed to assist you in understanding how Musket collects, uses and safeguards information and to assist you in making informed decisions when visiting or utilizing services provided by Musket on the Online Properties. This Privacy Policy will be periodically reviewed and revised from time to time.

The Types of Information We Collect & The Ways We Use Information

  1. Information We Collect Automatically

    We and our Service Providers (defined below) may automatically collect certain usage information about you when you access or use the Online Properties, which may include IP address; device identifier; Ad ID; browser type; operating system characteristics; information about your use of our Online Properties; and data regarding network connected hardware (e.g., computer or mobile device). This information does not identify you personally. We use this information to help us evaluate visitor traffic patterns and improve our Online Properties by making our systems more responsive to the needs of visitors.

    We may track your visit to our Online Properties by giving you HTML “cookies” when you enter. Cookies are pieces of information transferred to your device’s hard drive or shared with your device’s temporary memory for record-keeping purposes. Our cookies do not store personal information. Cookies allow us to save preferences for you to make visiting our Online Properties easier. Cookies also help us to collect anonymous click-stream data for tracking visitor trends and patterns. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie or to refuse to accept cookies. You should understand that certain areas of our Online Properties may not function properly if you set your browser not to accept cookies. We do not respond to web browser “do not track” signals at this time.

  2. Information You Provide Us

    We and our Service Providers collect information you provide to us directly via the Online Properties. This information may include personal information such as your name, address, telephone number, email address, social security number, date of birth (where permitted by law) and other information, in connection with services and products available or described on the Online Properties when you choose to provide such information.

    For example, we collect information in connection with:

  • Our credit application process and
  • Our “Contact Us” webpage.

    You may also provide information to be published or displayed on public areas of the Online Properties, or transmitted to other users of the Online Properties (“User Contributions”). Your User Contributions must be legal and ethical, may be accessible by the general public and are posted on and transmitted to others at your own risk. Musket reserves the right to remove User Contributions and/or the ability to submit User Contributions at any time.

  1. Information From Other Sources

In addition, we may obtain information about you from other sources and combine that with information we collect about you. This information may include, where permitted by law, personal information such as your name, address, email address, social security number, date of birth, prior work history and other background information from the third party Service Providers hosting the following Online Properties when you choose to provide such information. See the section entitled “Privacy Policies of Other Websites” below for more information regarding your privacy on third party links posted to our Online Properties.

Consent to Use Information

By providing information into any of the above areas, including personal information, you grant us permission to use such information for our business purposes, including, without limitation, targeted online advertising for employment, products or services, contacting you regarding employment opportunities, credit applications or product offers, and you grant us permission to securely transmit your personal information to third parties to fulfill our business purposes. Further, we may contact you about selected employment positions, products, services, companies and events that we think may interest you, or contact you to obtain information regarding your opinion, requests, questions, comments or other information you have provided. If you later decide you do not want your information to be used in these ways, please let us know through the opt-out procedures described below. Please also see the section below entitled “Electronic Communication from Musket.”

By providing the personal information of a person other than yourself or that of an entity into any of the above areas, you are solely responsible for obtaining from such person or entity any and all required rights releases, consents, clearances, licenses and other authorizations necessary to exploit and otherwise use their information (the “Clearances”). By submitting such information, you represent and warrant to Musket that all required Clearances have been obtained and Musket is entitled to rely on the same.

How We Disclose Information We Collect

We may disclose your information to our affiliated companies as well as to our agents, vendors, consultants and other companies that provide services to us (“Service Providers”) and to companies that may advertise to you as permitted by law, unless we are otherwise notified by you through the opt-out procedures described below.  We may also disclose your information: (a) in response to requests from local, state or federal law enforcement officials; (b) in response to any judicial, administrative, or similar proceeding such as a subpoena; (c) when required by law; (d) to protect and defend our rights, business, property, life, health, security and/or safety of Musket, the Online Properties, the users of the online Properties, Service Providers, or any third party; (e) in special circumstances including in connection with a fundamental corporate structure or ownership change or in response to a physical threat (actual or perceived) to an individual; or (f) to enforce this Privacy Policy or the Terms of Use Agreement; or (g) to verify the accuracy of your information.

How We Protect Your Information

  1. Information Security

    Musket does not warrant the security of your information. However, we utilize a variety of security controls to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.

  2. Evaluation of Information Protection Practices

    Periodically, our controls are reviewed for security, confidentiality and quality.

  3. Employee Access to Your Information 

In general, our business practices limit employee access to personal information, and limit the use and disclosure of such information to authorized persons, processes and transactions.

Electronic Communications from Musket

You may be given the opportunity to consent and request to receive from Musket and/or its third party Service Providers, by electronic deliver (which includes, but is not limited to, email, text message, mobile app push message, automatic telephone dialing system or artificial or prerecorded voice recordings to cell phones and landlines), promotional and marketing information and materials, documents and any other communications (“Electronic Communications”). Your consent is your specific agreement that the Electronic Communications provided by Musket are reasonable and proper for the purpose of any and all laws, rules and regulations, and you agree that such Electronic Communications fully satisfy any requirement that such communications be provided to you in writing or in a form that you may keep.

Opt-out; Access & Correction of Information

Visitors to our Online Properties may be given the opportunity to choose whether to have their information used for certain purposes when asked for the information.  Otherwise, visitors who no longer wish to be contacted, to have their information shared pursuant to this Privacy Policy or to receive our sales alerts and other promotional email notifications may always opt-out of receiving these notifications or from having their information shared for certain purposes by (1) utilizing prescribed unsubscribe mechanisms contained in Musket emails, or (2) contacting us at webmaster@loves.com; provided however, Musket may still disclose your information as set forth in (a) – (g) of the section above entitled “How We Disclose Information We Collect.” You may opt-out at any time and for any reason.

You may access or correct your information by contacting us at webmaster@loves.com or 1-800-655-6837.

Children’s Privacy

The Online Properties are intended for a general audience and not directed to children less than thirteen (13) years of age. We will not not knowingly collect personal information from children under the age of thirteen (13) consistent with the Children’s Online Privacy Protection Act. If we become aware that a child under the age of thirteen (13) has provided personal information to us through our Online Properties, we will delete it from our files. If you are under the age of thirteen (13), please do not attempt to provide any personal information on our Online Properties. If you are a parent or legal guardian of someone under the age of thirteen (13) whom you believe has submitted personal information to us, please contact us at webmaster@loves.com and we will take appropriate steps to remove such information from our files.

Electronic Messaging

Electronic messaging is subject to Electronic Messaging Disclaimer published by one of our affiliates, Love’s Travel Stops & Country Stores, Inc. It can be viewed at: https://www.loves.com/~/media/docs/Electronic-Messaging-Disclaimer-2016.pdf. 

Musket routinely retains electronic messages and uses encryption/security software, but Musket cannot completely ensure the security and privacy of electronic messaging communications to and from Musket. These communications could be intercepted without your knowledge and permission. If you are concerned about your privacy, we suggest that you do not use electronic messaging to provide information to us that you consider sensitive or confidential. 

Release and Limitations

By using the Online Properties you release Musket from and agree that Musket is not responsible for: (i) any disclosure of personal information made by you to a Service Provider through your use of the Online Properties; (ii) any disclosure of personal information obtained illegally from us; or (iii) any accidental disclosure of personal information made by us.

Privacy Policies of Other Websites

As stated above, the Online Properties contain links to other websites which are hosted, operated and/or managed by a third party or its contractors, not Musket. Any information submitted to these other websites may be retained, viewed and used by the third parties and/or Musket and in accordance with any applicable third parties’ respective use and privacy policies and this Privacy Policy. Musket is not responsible for the privacy practices of the third parties hosting, operating and/or managing such other websites. We strongly recommend that our visitors read and inquire into the privacy policies of every such third party website that they visit which collects personal information. 

How to Contact Us

If you have any comments or questions regarding the Online Properties or any of the terms of this Privacy Policy, please contact us at webmaster@loves.com or by any of the ways listed on the Online Properties’ Contact Us webpage.

February 2018