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.
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 48219 to opt-out. After texting STOP to 48219 you will receive one additional message confirming that your request has been processed. Text HELP to 48219 for help or contact customer care.
In the event that you change or deactivate your mobile number it is your responsibility to notify BP to have your number removed. The Wireless carriers are not liable for delayed or undelivered messages.
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.
View our privacy policy online.
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.
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.
These terms and conditions are subject to change at any time without notice.
These Terms and Conditions, including BP’s Privacy Policy, and any other terms incorporated herein by reference (collectively, “bp pulse Terms”) constitute an agreement between you and BP Products North America Inc. (together with its affiliates and subsidiaries, collectively, “bp”, “BP”, “we”, “our” or “us”) relating to your participation in the bp pulse App (“Bp pulse”). In these bp pulse Terms, “you” or “your” means you and any persons that you authorize to use the bp pulse app or your account.
Please read these bp pulse Terms carefully, because they affect your legal rights, including an agreement to resolve any disputes that may arise between you and bp through arbitration on an individual basis instead of by class actions or jury trials. By accessing or downloading the bp pulse app, you agree to be bound by these bp pulse Terms. Your right to participate in bp pulse is conditioned upon your acceptance and compliance with these bp pulse Terms. If you do not agree to be bound by these bp pulse Terms, you are not authorized to participate in the bp pulse Program.
NOTE: THESE BP PULSE TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES WITH BP. PLEASE READ IT CAREFULLY. IT IS CONTAINED IN SECTION 23 BELOW.
To be eligible to download the bp pulse App you must be at least eighteen (18) years of age and have a residence in the United States. If you are under the age of majority in your home jurisdiction, you may only use the bp pulse under the supervision of a parent or legal guardian who agrees to be bound by these bp pulse Terms. bp may change these eligibility requirements at any time, with or without notice, and reserves the right to refuse download to any user for any reason, in its sole discretion.
You may download bp pulse app on your phone’s App Store or Google Play free of charge. Once you have downloaded the app, you will: (i) accept these bp pulse Terms, (ii) create an account; and (iii) provide a valid linked Payment Card if you wish. bp pulse permits you to register valid qualifying debit, credit, private label credit, EFT, and/or other payment cards or credentials, excluding gift cards (each, a “Payment Card”). Your Payment Card will never be charged unless and until you authorize payment at a participating EV charging station. You are not required to enter a Payment Card to use bp pulse. You represent to bp that any information you input into the bp pulse app is true and accurate, and you agree to update such information, as necessary to maintain its truth and accuracy. bp reserves the right to suspend or terminate your account at any time for any reason, with or without notice, in its sole discretion.
By downloading bp pulse, you will have access to the app features which include helping you identify available EV charging stations throughout your area. The app will also allow you to see the current price/rate/fees to charge, start and stop the charge, and pay for your EV charging at participating EV charging stations through the linked Payment Card on your account and view your history of charging via the app. bp reserves the right to edit the features available to you at any time in its sole discretion.
BP makes no representation or warranty that any EV service will be available at participating EV stations listed in the bp pulse App or that any given transaction will be able to be completed using bp pulse. Since bp is not the issuer of any Payment Card, bp 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.
Bp pulse may offer an extended network of EV chargers through roaming agreements. BP is not responsible for the prices set at these extended chargers.
By downloading bp pulse, you authorize bp to collect information about your registration and your account activity, which may include, without limitation, EV charging stations visited, frequency of visits, or any other information related to any transactions connected with bp pulse. Use of such information, including, without limitation, for marketing purposes, shall be subject to BP’s Privacy Policy, which may be updated from time to time, in bp’s sole discretion. You authorize bp to monitor your bp pulse account activity. bp has the right to take any necessary legal action based on suspected fraud, abuse, or suspicious activity in connection with your account or any of your activities relating to the bp pulse, and you agree to cooperate with any such action or investigation. If you are engaged in any improper activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages.
For further information on the personal information bp collects, its purpose for using such information and any rights you have as a consumer regarding this information, please see bp’s Privacy Policy, here.
It is your responsibility to update your Payment Card on the bp pulse app to be able to successfully complete an EV charge at participating stations. bp is not responsible for any declined transactions based on outdated Payment Card information. For some Payment Cards, the issuer may charge you certain fees, such as transaction fees or other fees relating to the processing of your Payment Card. Check with your Payment Card service provider for details, and you are responsible and authorize any such fees or charges.
You must promptly notify bp if you become aware of a potential breach of security, such as the loss, theft, or unauthorized disclosure or use of your Payment Card, account, username, or password. Changes to your Payment Card can be made by you at any time within the bp pulse app.
You agree that you will exercise reasonable care in safeguarding any device on which you use the bp pulse App and keep your login credentials confidential and secure, and that you will notify bp immediately if you believe that a fraudulent or unauthorized transaction has been conducted or if you become aware of any other breach of security relating to the bp pulse. 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 bp pulse 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 bp pulse App is at your own risk and that you will not use the bp pulse 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 EV station/gas station at which you use your bp pulse App and (ii) by your wireless carrier.
Except as otherwise required by law, you acknowledge and agree that bp may provide any notice permitted or required under these bp pulse Terms via mail, email, posting on our website, SMS, in-app or push notification, or any other reasonable means. By using the bp pulse App, you acknowledge and agree that bp may communicate with you regarding bp pulse electronically. These communications will include notices about your account 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.
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.
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 bp pulse App, or any other services provided through the bp pulse App.
bp is not responsible for any your tax liability related to bp pulse. bp is not responsible for any disputes among you or any of your authorized users relating to the bp pulse App.
You understand that bp may include services, materials, or goods advertised, promoted, sold, or otherwise made available through a third party in bp pulse or promote content in connection with your use of the bp pulse App. bp does not have responsibility or liability for such advertisements or promotional offers of any third parties that may be provided. Any dealings you have with those third-party advertisers are between you and the third party advertiser, and you agree that bp is not liable for any loss or claim that you may have against such advertiser. If bp provides links or pointers to other third-party websites or destinations, you acknowledge and agree that bp does not operate, control, or have any other connection with these other websites or destinations. Please be careful to read the terms of use and privacy policy of any other website or destination before using such website or destination and prior to you providing any confidential information or engaging in any transactions. You should not rely on these bp pulse Terms to govern your use of another website or destination.
bp may suspend or terminate your rights in and to bp pulse at any time, with or without notice, in bp’s sole discretion including, without limitation, if a newer version of the bp pulse App or a service thereof is available, to improve the bp pulse, or any functionality thereof; to add or remove your access to a service accessible through the bp pulse 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 bp pulse, to prevent or discontinue unauthorized use of bp pulse, or a service thereof; to comply with a platform provider or governmental or regulatory authority; or to comply with a statute, regulation, 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 bp pulse and to create limits on the use of bp pulse, including, without limitation, additional registration or verification requirements or geographic restrictions, at any time and without notice.
bp may, with or without notice, cancel, modify, restrict, waive or terminate in its sole discretion any of the bp pulse Terms, with or without prior notice, even though these changes may affect your ability to use the benefits of bp pulse. You are responsible for remaining knowledgeable of any changes that bp makes to these bp pulse Terms. The most current version of these bp pulse Terms will be available here on the bp website and will supersede all previous versions of these bp pulse Terms.
bp pulse has no predetermined termination date and may continue until such time as bp decides to terminate it. bp may terminate the bp pulse App and/or these bp pulse Terms for convenience at any time. bp will provide notice of termination via the email address you supplied at the time of registration. Upon termination of these bp pulse Terms for any reason whatsoever, your ability to participate in bp pulse terminates immediately.
These bp pulse Terms shall continue in full force and effect until terminated. Notwithstanding the foregoing, with respect to you, these bp pulse Terms shall terminate without any further action needing to be taken by bp upon any breach by you of these bp pulse Terms. Upon the termination of these bp pulse Terms for any reason whatsoever, all licenses granted to you hereunder shall immediately terminate and you shall immediately cease and desist from all access to and use of the bp pulse. For the avoidance of doubt, notwithstanding any termination of these bp pulse Terms, you remain liable for all use of the bp pulse App through any device you own or control, including any transactions initiated through such use,
The terms set forth in the following paragraphs of these bp pulse Terms shall survive the termination for any reasons: “INTELLECTUAL PROPERTY”; “INDEMNIFICATION and DISCLAIMER OF WARRANTIES”; “LIMITATION OF LIABILITY”; “CHOICE OF LAW”, “DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER” and “ENTIRE AGREEMENT AND STATEMENT OF NON-RELIANCE.”
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 bp pulse, 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 the bp pulse App is subject to the terms and conditions of the bp pulse End User License Agreement accepted by you upon download of the bp pulse App to your device, which is incorporated herein by this reference.
These bp pulse Terms set forth all the terms of bp pulse. bp has no other obligations with respect to bp pulse beyond those in these bp pulse Terms. bp makes no guarantees, warranties or representations of any kind concerning the bp pulse. You release bp and its affiliates and partners from liability regarding or connected to any earning or redemption including and without limitation, any bp pulse Benefits that, after receipt, may be lost, stolen or destroyed.
Should you send any submissions, suggestions, ideas, or feedback, whether related to the bp pulse App, or otherwise (“Feedback”), you acknowledge and agree that any Feedback is given voluntarily, and that 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.
bp pulse is void where prohibited by federal, state, or local law or regulations.
Indemnification. 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:
Disclaimer of Warranties. THE BP PULSE APP IS 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 BP PULSE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF BP PULSE WILL BE UNINTERRUPTED. YOUR USE OF THE BP PULSE APP AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE BP PULSE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY RESULTING FROM ITS USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BP OR ANY OF ITS CONTRACTORS, PROVIDERS, FRANCHISEES, 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 BP PULSE APP, INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (including but not limited to lost profits or opportunities), 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.
These bp pulse 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 bp pulse 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.
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 BP PULSE TERMS. YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL AND CLASS ACTION WAIVER) WITHIN THIRTY (30) DAYS OF ACCEPTANCE OF THESE BP PULSE TERMS, IF YOU FOLLOW THE PROCEDURES SET FORTH IN THIS SECTION 23. OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH BP THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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 bp pulse Terms. 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 bp pulse Terms by sending a letter or email stating that you are opting out of this dispute resolution provision to bp via driversupportUS@bp.com. 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 (or litigated if you have opted out of arbitration) individually, and that there will be no class, representative, or consolidated actions of any kind. If you or bp brings a claim in small claims court or otherwise, the class action waiver will still 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 these bp pulse Terms. 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 bp pulse 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 bp pulse 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 bp pulse 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 or email requesting arbitration and describing your claims to BP via U.S. mail to BP via U.S. mail to bp pulse Account Manager at 30 South Wacker Drive, Illinois, Chicago 60606 or via email to driversupportUS@bp.com. 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 bp pulse 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, but unless we agree otherwise in writing, must be held in a city with a population of at least 300,000 people at the time of arbitration. If the parties agree to hold the arbitration elsewhere and/or in a state that does not have a city with a population of at least 300,000 people at the time of arbitration, you agree that bp may still require that the arbitration be held in one of the two largest cities by population in that state.
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 Section 23 survives the termination of these bp pulse Terms. If you bring a claim against bp after termination these bp pulse Terms that is based in whole or in part on events, act or omissions that occurred while you were an bp customer, this dispute resolution provision shall apply. You understand that the terms of any agreement between you and any Payment Card issuer will continue to apply to your use of any such Payment Card through the bp pulse.
You may not sell, assign or transfer any Service or other benefit you receive, any other aspect of your bp pulse App account, or any of your rights or obligations under these bp pulse Terms, whether by operation of law or otherwise. bp may sell, transfer, or assign bp pulse, these bp pulse Terms, in whole or in part, at any time, without notice to you. If bp makes 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 bp will be released from any responsibilities or obligations.
These bp pulse Terms together with any other terms and conditions, policies or agreements referenced herein, constitutes the entire agreement between the parties concerning bp pulse. You 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 bp pulse Terms.