PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. By replying Y, you are agreeing to the following terms and conditions, including agreeing to submit all disputes with BP to binding, individual arbitration.
SMS Terms and Conditions:
- Consent to Receive Marketing Text Messages
By agreeing to these Terms and Conditions, you are agreeing to receive recurring autodialed marketing text messages at the mobile number that you provided at opt-in. Your consent to receive such text messages is not a condition of purchasing property, goods, and services, and you may elect not to provide consent. Message & data rates may apply. If you would like to be removed from the BP text list, text STOP to 38831 to opt-out. After texting STOP to 38831 you will receive one additional message confirming that your request has been processed. Text HELP to 38831 for help or contact customer care at www.mybpstation.com/contact-us.
In the event that you change or deactivate your mobile number it is your responsibility to notify BP at www.mybpstation.com/contact-us to have your number removed. The Wireless carriers are not liable for delayed or undelivered messages.
Any rewards or discount codes distributed via SMS are non-transferable and not valid with other offers.
Additionally, BP reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.
- Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
You and BP each agree that any and all disputes or claims in any way relating to or concerning this Agreement or any BP products or services will be resolved by binding individual arbitration.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. This Agreement evidences a transaction in interstate commerce, and thus, you and BP hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association using its Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, an arbitrator or arbitrators can award on an individual basis the same damages and relief (including any attorneys’ fees) as a court. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND BP AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and BP are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. BP, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent at Suite 900, 30 S Wacker Drive, Chicago, IL 60606 to begin arbitration. The arbitration of all disputes will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is commenced. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration of all disputes will be conducted by a single arbitrator who shall be appointed by the AAA according to its rules. Upon filing of the arbitration demand, BP will pay or reimburse all filing, administration, and arbitrator fees.
Changes to Additional Contract Terms
Limitation of Liability
We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Illinois.
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
Changes to Terms
These terms and conditions are subject to change at any time without notice.
BPme Rewards Terms and Conditions
(Effective as of September 2019)
BPme Rewards Program is a rewards program operated by BP which lets registered users earn rewards, including, without limitation, discounts on BP and Amoco fuel, and receive other promotion and offers (collectively, “Rewards”) by making qualifying purchases at participating BP and Amoco locations within the U.S. that participate in the BPme Rewards Program. Visit mybpstation.com/bpme-rewards for a full description of the BPme Rewards Program, including possible Rewards.
To be eligible to register in the BPme Rewards Program you must be at least eighteen (18) years of age and have a residence in the United States, excluding residents of the State of California. If you are under the age of majority in your home jurisdiction, you may only use the BPme Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these BPme Rewards Program Terms. Rewards may only be used in the United States. BP may change these eligibility requirements at any time, with or without notice, and reserves the right to refuse membership to any applicant for any reason, in its sole discretion.
To fully register in the BPme Rewards Program you must (i) first download the BPme App (as defined below); (ii) in the BPme App, provide your first and last name, a valid email address, and valid phone number; and (iii) in the BPme App, accept these BPme Rewards Program Terms. You may also provision a valid credit card when you register and enroll in the BPme Rewards Program, however, you are not required to do so to register and enroll in the BPme Rewards Program. You represent that all information you provide during registration and throughout your participation in the BPme Rewards Program are true and accurate, and you agree to update such information, as necessary to maintain its truth and accuracy.
Immediately upon registration in BPme Rewards Program, members will receive $0.05 off per gallon of fuel purchased at participating BP and Amoco locations during the month of registration and the immediately following month (the “Registration Period”). During each month following the Registration Period, members will continue to receive $0.05 off per gallon of fuel purchased at participating BP and Amoco locations during each calendar month, provided members have spent a minimum of one hundred dollars ($100) on BP and/or Amoco fuel during the immediately previous month.
You will not receive Rewards for: any purchases excluded by law; the value of any discounts or coupons outside of the BPme Rewards Program; purchases that a particular BP or Amoco location rule ineligible for the BPme Rewards Program; or taxes on purchases.
All active Rewards will be automatically applied to the entirety of the next fuel purchase at participating BP and Amoco locations, provided the member makes such fuel purchase either through (i) a valid credit card provisioned in the BPme mobile wallet, (ii) a valid linked credit card at the pump or inside the store, or (iii) any other method expressly permitted by BP.
BP and other third parties may provide you with additional ways to receive additional Rewards through offers, promotions, and other programs. Such offers, promotions and programs may be subject to additional terms and conditions which shall be included in messaging to you regarding such offers, promotions and/or programs. All such available additional Rewards will be automatically applied to the entirety of the next fuel purchase at participating BP and Amoco locations, provided the member makes such fuel purchase either through (i) a valid linked credit card on the BPme App, (ii) a valid linked credit card at the pump or inside the store, or (iii) any other method expressly permitted by BP.
Payment Cards in the BPme Mobile Wallet
When you add a valid payment card to the BPme app upon registration and enrollment in the BPme Rewards Program, all fuel purchases made using these payment cards within the BPme app will qualify for BPme Rewards. A single valid payment card can be added to multiple BPme mobile wallets. BP reserves the right, in its sole discretion, to decline any transaction with such card, or deactivate such card from your BPme mobile wallet, in the event BP believes there has been any fraudulent activity on such card or such card is reported lost or stolen.
Linked Payment Card
When you add a valid payment card to the BPme App upon registration and enrollment in the BPme Rewards Program, or if you already have a valid payment card registered in the BPme App, you will have the option to link that payment card to your BPme Rewards Program account. Qualified fuel purchases made through such payment card both through the BPme App and outside of the BPme App (e.g., at the pump, inside the store, etc.) will qualify for BPme Rewards and count toward the monthly one hundred dollars ($100) fuel spend threshold. A single payment card can only be linked to one (1) BPme Rewards Program account and all qualified purchases made through such linked payment card will apply only to the primary BPme Rewards Program account to which such card is linked. You may remove any card from being linked to your BPme Rewards Program account at any time, however, you will need a valid linked payment card to enjoy Rewards on fuel purchases made outside of the app. Should you remove a payment card from the BPme App, such card will automatically be unlinked from your BPme Rewards Program account.
BP Credit Card Holders
Should you add a valid BP Credit Card, BP Visa Credit Card or BP Visa Signature Credit Card (each a “BP Credit Card”) to your BPme mobile wallet or link your valid BP Credit Card to the BPme Rewards Program in the BPme App, applicable purchases made on the BP Credit Card shall qualify for both Rewards and any other reward programs available through the BP Credit Card which such purchases may apply, subject to all applicable BP Credit Card reward program terms and conditions which may be found at mybpstation.com/terms-and-conditions. Limit: one (1) BP Credit Card per BPme mobile wallet account.
BP is not responsible for any tax liability related to the BPme Rewards Program. Any disputes concerning the BPme Rewards Program will not affect your payment obligations for your fuel purchases. We are not responsible for any disputes among you or any authorized users relating to the BPme Rewards Program. Questions regarding the Program please call 1-800-333-3991
We reserve the right to approve, deny or revoke participation in the BPme Rewards Program to any individual for any reason whatsoever on an immediate basis and without prior notice. If we determine that you have registered more than one (1) BPme Rewards account to your name/business, we reserve the right to terminate these accounts without further notice.
Right to Change/Modify/Cancel
BP may cancel, modify, restrict, waive or terminate any of the BPme Rewards Program Terms, including but not limited to the rules for earning and redeeming Rewards and the expiration policy for Rewards, at any time, with or without prior notice, even though these changes may affect your ability to use any Rewards you have already earned. Your continued participation in the BPme Rewards Program constitutes your acceptance of any changes to the terms and conditions of the BPme Rewards Program. You are responsible for remaining knowledgeable of any changes that BP makes to the BPme Rewards Program and the BPme Rewards Program Terms. The most current version of these BPme Rewards Program Terms will be available on the website mybpstation.com/terms-and-conditions and will supersede all previous versions of these BPme Rewards Program Terms.
The BPme Rewards Program has no predetermined termination date and may continue until such time as BP decides to terminate the BPme Rewards Program. BP may terminate the BPme Rewards Program at any time. BP will provide notice of termination via the email address you supplied at the time of registration. Upon termination, your ability to earn additional Rewards terminates immediately, and you will have to use any available Rewards remaining in your account prior to their expiration pursuant to the above-referenced expiration of Rewards. After that date, any remaining Rewards will be forfeited without compensation to you and without liability to BP.
Program Responsibility and Statement of Non-Reliance
BP makes no guarantees, warranties or representations of any kind concerning the BPme Rewards Program. You release BP and its affiliates and partners from liability regarding or connected to any earning, redemption and use of Rewards, including, without limitation, any Rewards that, after receipt, may be lost, stolen or destroyed. You also expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation or warranty by BP that is not expressly stated in these BPme Rewards Program Terms.
The BPme Rewards Program and Rewards are void where prohibited by federal, state or local law or regulations and in the State of California. These BPme Rewards Program Terms set forth all the terms of the BPme Rewards Program. BP has no other obligation with respect to the BPme Rewards Program beyond those described in these BPme Rewards Program Terms.
To review your Rewards accumulation, redemption and expiration status, please log in to your account on the BPme app to view your personal account information.
BPme Terms & Conditions
Terms & Conditions
These terms and conditions, including any terms incorporated herein by reference (collectively, the “Terms”) constitute a binding agreement between you and BP Products North America Inc. (together with its affiliates and subsidiaries, collectively, “BP”, “us” or “we”) relating to your use of the BPme Mobile Application (the “BPme App”) and associated Service (as defined below). The BPme App permits you to register valid qualifying ATM, debit, credit, gift, private label credit, EFT, and/or other payment cards or credentials, excluding gift cards (each, a “Payment Card”) into the BPme App and to use such Payment Cards to complete certain Payment Card related transactions at qualifying BP and Amoco locations to receive discounts and other benefits on purchased items pursuant to the BPme Rewards Program (the “Service”). The Service is provided to you by BP and may be powered by a third party mobile technology solution.
Please read these Terms carefully - Use of the BPme App, the Service or any other service provide through the BPme App constitutes acceptance of these Terms and you agree to be bound by these Terms. You represent and warrant that you are over sixteen (16) years of age, have a legal residence in the United States and that you are capable of entering into a legally binding agreement. If you are between sixteen (16) and eighteen (18) years of age, you may only use the BPme App and Services under the supervision of your parent or legal guardian who agrees to be bound by these Terms. Your right to use the BPme App and the Service is conditioned upon your acceptance and compliance with these Terms. If you do not agree to be bound by these Terms, you are not authorized to use the BPme App or Service and you should delete the BPme App immediately and discontinue any access to or use of the Service. In the Terms, “you” or “Your” means all persons responsible for complying with these Terms, including any persons that you authorize to use the BPme App, Services or your account.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES WITH BP. PLEASE READ IT CAREFULLY. IT IS CONTAINED IN SECTION 12 BELOW.
Enrollment; Use of Data; Registering Payment Cards
- You must complete the enrollment process to register as a user in order to use the BPme App and the Service. The enrollment process will ask you for certain information including your name, and other personal information to register. You may provide Payment Card upon registration, however you are not required to provide a Payment Card to register – you are only required to provide a Payment Card to participate in the BPme Rewards Program. You agree that you shall provide accurate and complete information in response to these questions and that you will keep the information that you provide up to date.
- You acknowledge and agree that use of the BPme App and the Service are limited to registered users of the BP App and the BPme Rewards Program and available only at participating BP and Amoco locations within the United States that have enabled use of the Service (“Participating BP Locations”). Your participation in the BPme Rewards Program is subject to the BPme Rewards Program Terms and Conditions, which are available at mybpstation.com/terms-and-conditions. BP reserves the right to approve, deny or revoke your enrollment to use of the BPme Mobile Wallet App and/or Service for any reason.
- By registering a Payment Card in the BPme App, you represent and warrant that you are the holder of the associated account or an authorized user thereof and that such account is valid.
Using the Service
- The Service permits you to conduct purchases of fuel at Participating BP Locations. BP makes no representation or warranty that the Service will be available at any given Participating BP Location or that any given transaction will be able to be completed using the Service.
- BP is not the issuer of any Payment Card and is not responsible for determining whether any transaction initiated by you will be approved. For questions concerning your Payment Card or transactions on your Payment Card account, you must contact your issuer using the contact information provided by the issuer to you.
- You agree that you will exercise reasonable care in safeguarding any device on which you have installed the BPme App and keep your user name, password and personal identification number (“PIN”) confidential and secure, and that you will notify BP immediately if you believe that a fraudulent or unauthorized transaction has been conducted using the Service or if you become aware of any other breach of security relating to the Service. Notwithstanding the foregoing, you acknowledge that your rights with respect to, and the procedures that you must follow for resolution of, fraudulent or unauthorized charges to your Payment Card account are as set forth in your agreement with the issuer of your Payment Card. These Terms do not create any responsibility of BP to notify your issuer of fraudulent or unauthorized charge activity or to take any action on your behalf with respect thereto.
- You agree that your use of the BPme App is at your own risk and that you will not use the BPme App while operating a vehicle (also known as distracted driving). You also agree to follow safety guidelines or warnings posted or made available (i) at the service station/gas station at which you use your BPme App and (ii) by your wireless carrier.
- You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services as a result of your use of the BPme App, the Service, or any other services provided through the BPme App.
- You may access your transaction history through the BPme App. Your transaction history will contain certain information concerning the transactions conducted with your account through the Service.
- Fuel prices are displayed on the entrance to the site and at all of our pumps. When using BPme to purchase fuel, you will always be charged the stated credit card price. To receive any exception prices (debit card pricing or discounts for specific credit card brands) that are locally offered by select stations, you can use your linked payment card to receive special pricing and qualify for BPme Rewards.
Except as otherwise required by U.S. federal law, you acknowledge and agree that we may provide any notice permitted or required under these Terms via mail, email, posting on our website, SMS, in-app or push notification, or any other reasonable means. By using the BPme App, you acknowledge and agree that we may communicate with you regarding the BPme Rewards Program, BPme App and Service electronically. These communications will include notices about your account (e.g., change in password or Payment Card, confirmation e-mails, and other transactional information) and are part of your relationship with BP. Such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
Changes to Services
BP may suspend or terminate your rights in and to the BPme Rewards Program, BPme App, Services or any other services accessible through the BPme App, at any time, with or without notice, in BP’s sole discretion including, without limitation, if a newer version of the BPme App or a service thereof is available, to improve the BPme Rewards Program, BPme App or a service or any functionality thereof; to add or remove your access to a service accessible through the BPme App; to improve ease of use for you or BP; to correct an error or bug; to prevent or discontinue harmful or improper access to the BPme Rewards Program, BPme App or a service thereof; to prevent or discontinue unauthorized use of the BPme Rewards Program, BPme App or a service thereof; to comply with a platform provider or governmental or regulatory authority request; or to comply with a statue or judicial order. We may provide notice to you of such changes or any suspension or modification to the extent required by applicable U.S. law.
BP reserves the right, at our sole discretion, to add and remove features and capabilities from the BPme Rewards Program, BPme App and/or Service and to create limits on the use of the BPme Rewards Program, BPme App and Service, including, without limitation, additional registration or verification requirements or geographic restrictions, at any time and without notice.
Right to Modify Terms; Right to Terminate
BP may, with or without notice and in its sole discretion, modify, restrict or waive any of these Terms at any time. Your continued use of the BPme Rewards Program, BPme App and/or Service constitutes your acceptance of any changes to these Terms. You are responsible for remaining knowledgeable of any changes that BP makes to the Terms. The most current version of these Terms will be available on the BP website and will supersede all previous versions of these Terms.
BP may, with or without notice and in its sole discretion, terminate or suspend the BPme Rewards Program, BPme App and/or Services at any time.
You acknowledge and agree that BP and/or its licensors, affiliates, partners, agents, and successors own all legal right, title and interest in and to the BPme Rewards Program, BPme App and the Service, and any software provided to you as a part of or in connection therewith, including any and all intellectual property rights that exist therein. You acknowledge that all use of BPme App is subject to the terms and conditions of the BPme End User License Agreement accepted by you upon download of the BPme App to your device, which is incorporated herein by this reference.
Linked Destinations, Promotional Offers and Feedback
Should you send any submissions, suggestions, ideas, or feedback, whether related to the BPme Rewards Program, BPme App, Service or otherwise (“Feedback”), you acknowledge and agree that any Feedback is given voluntarily, and the BP is free to use, disclose, reproduce, license or otherwise distribute, and exploit Feedback provided to it as it sees fit, without obligation or restriction of any kind, and no consideration or acknowledgement of any sort will be provided to you Further, you hereby irrevocably and forever release and waive any claim against BP and its affiliates regarding the use of any Feedback for any purpose.
These Terms shall continue in full force and effect until terminated by us or you as provided herein. You may terminate these Terms for convenience at any time by deleting the BPme App from all devices that you own or control. BP may terminate these Terms for convenience at any time upon notice to you. Notwithstanding the foregoing, with respect to you, these Terms shall terminate without any further action needing to be taken by BP upon any breach by you of these Terms. Upon the termination of these Terms for any reason whatsoever all licenses granted hereunder shall immediately terminate and you shall immediately cease and desist from all access to and use of the BPme Rewards Program, BPme App and the Service, and shall immediately delete the BPme App from all devices that you own or control. For the avoidance of doubt, notwithstanding any termination of these Terms, you remain liable for all use of the BPme Rewards Program, BPme App or the Service through any device you own or control, including any transactions initiated through such use. The terms set forth in the following paragraphs of these Terms shall survive the termination for any reason: “INTELLECTUAL PROPERTY”; “INDEMNIFICATION”; “DISCLAIMER OF WARRANTIES”; “LIMITATION OF LIABILITY”; “CHOICE OF LAW”, “DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS ACTION WAIVER” and “ENTIRE AGREEMENT.”
You agree to indemnify, defend and hold harmless BP and their subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including without limitation attorney’s fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
- your participation in the BPme Rewards Program and/or use of the BPme App, the Service or any other service provided in the BPme App;
- any breach or non-compliance by you of any of these Terms;
- your actions or omissions; or
- your negligence or violation or alleged violation of any applicable law, regulations, or any rights of a third party.
Disclaimer. THE BPME REWARDS PROGRAM, BPME APP AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE BPME REWARDS PROGRAM, BPME APP OR THE SERVICE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. YOUR USE OF THE BPME REWARDS PROGRAM, BPME APP AND THE SERVICE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE BPME APP OR SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY RESULTING FROM THEIR USE.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BP OR ANY OF ITS CONTRACTORS OR PROVIDERS, OR ANY OF EACH OF THEIR AFFILIATES AND SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE BPME REWARDS PROGRAM, BPME APP OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, THE LIABILITY OF BP OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, BPME REWARDS PROGRAM OR THE BPME APP SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THE SERVICE.
Notice for California Users. Under California Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Illinois, excluding that body of laws pertaining to conflict of laws. If any provision of these Terms is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable.
DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS.
YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER) WITHIN THIRTY (30) DAYS OF ACCEPTANCE OF THESE TERMS, IF YOU FOLLOW THE PROCEDURES SET FORTH IN THIS SECTION 12. OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH BP THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
YOU AND BP AGREE TO ARBITRATE – RATHER THAN LITIGATE IN COURT – any and all claims or disputes between us (including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of BP) that are connected to, arise out of, or in any way relate to these Terms, the BPme Rewards Program, BPme App or the Service. Notwithstanding this agreement to arbitrate, you and BP may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court's jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency authorized by law to hear the claims.
Opt Out: You may opt out of this dispute resolution provision (except for the jury trial waiver contained below) by notifying BP in writing of that intent within thirty (30) days after acceptance of these Terms by sending a letter stating that you are opting out of this dispute resolution provision to BP via U.S. mail to 28301 Ferry Road, Warrenville, Illinois 60555. Exercising this right, should you choose to do so, will not affect any of the terms of your agreement with BP. If you opt out of the dispute resolution provision, that opt out will remain in effect if BP modifies this section in the future.
Class Action Waiver: You and BP agree that all claims or disputes between you and BP will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or BP brings a claim in small claims court, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor BP may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or BP. Both parties agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this Section 12 will not apply to any claim or dispute between you and BP, except for the provisions waiving the right to jury trial. This class action waiver may not be severed from our arbitration agreement.
Arbitrator Authority: The arbitration between you and BP will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by these Terms. You and BP agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with BP. Review of arbitration decisions in the courts is very limited.
Arbitration Procedures: You and BP agree that these Terms affect interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association ("AAA"). The AAA's rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA's rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to BP via U.S. mail to 28301 Ferry Road, Warrenville, Illinois 60555. You must also comply with the AAA's rules regarding initiation of arbitration. BP will pay all filing fees and costs for commencement of an arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to these Terms or applicable law. BP will not seek to recover its fees and costs from you in the arbitration, even if allowed under the law, unless your claim has been determined to be frivolous. If you are successful in the arbitration, BP will pay your reasonable attorneys’ fees and costs. The arbitration will be held in a mutually convenient location.
Jury Trial Waiver: If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and BP expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a judge rather than a jury will decide disputes between you and BP if, for any reason, the arbitration agreement is not enforced.
Survival: This dispute resolution provision survives the termination these Terms with BP. If you bring a claim against BP after termination these Terms that is based in whole or in part on events, act or omissions that occurred while you were a BP customer, this dispute resolution provision shall apply.
Except as expressly set forth herein, you may not sell, assign or transfer any Service or other benefit you receive, any other aspect of your BPme Rewards Program or BPme App account, or any of your rights or obligations under these Terms, whether by operation of law or otherwise. We may sell, transfer, or assign the Service, these Terms, or your BPme Rewards Program or BPme App account, in whole or in part, at any time, without notice to you. If we make such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and we will be released from any responsibilities or obligations.
These Terms together with any other terms and conditions, policies or agreements referenced herein, constitutes the entire agreement between the parties concerning the subject matter hereof.