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Terms and conditions

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SYNCHRONY BANK RATES AND FEES TABLE
BP VISA® CREDIT CARD AND BP VISA SIGNATURE® CREDIT CARD AND BP CREDIT CARD ACCOUNT
Interest Rates and Interest Charges
  BP VISA® CREDIT CARD AND
BP VISA SIGNATURE® CREDIT CARD 
BP CREDIT CARD
Annual Percentage Rate (APR) for Purchases 29.99% 29.99%
APR for Cash Advances 29.99% 29.99%
How to Avoid Paying Interest on Purchases Your due date is at least 23 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. Your due date is at least 23 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month.
Minimum Interest Charge If you are charged interest, the charge will be no less than $2.00. If you are charged interest, the charge will be no less than $2.00.
For Credit Card Tips from the Consumer Financial Protection Bureau To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore. To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.
Fees

Transaction Fees  

  • Cash Advance
  • Foreign Transaction

Either $10 or 5% of the amount of each cash advance, whichever is greater.

 

3% of each transaction.

Either $10 or 5% of the amount of each cash advance, whichever is greater.

 

Not applicable.

Penalty Fees  

  • Late Payment
Up to $39. Up to $39.

How We Will Calculate Your Balance: We use a method called "daily balance."

 

For BP Credit Card Accounts that are Approved for Cash Advances: Cash Advances are currently available only in the U.S. for accounts with credit limits of at least $500.

 

This card is issued by Synchrony Bank pursuant to a license from Visa U.S.A. Inc.

 

The information about the costs of the card described above is accurate as of May 1, 2019. This information may have changed after that date. To find out what may have changed, write to us at P.O. Box 965022, Orlando, FL 32896-5022. This application and the credit card agreement will be governed by federal law, and to the extent state law applies, the laws of Utah. Subject to the requirements and limitations of applicable law, we may change, add to or delete any of the terms of the agreement, including the interest rates, fees and charges and we will send you notice as required.

 

STATE NOTICES

CALIFORNIA RESIDENTS: If you are married, you may apply for a separate account.

 

NEW YORK RESIDENTS: A consumer credit report may be obtained in connection with evaluating your application and subsequently in connection with updates, renewals, or extensions of credit for which this application is made. Upon your request, you will be informed whether a report was obtained, and if so, of the name and address of the consumer report agency.

 

OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.

 

WISCONSIN RESIDENTS: No provision of a marital property agreement, a unilateral statement under sec. 766.59, Wis. Stats., or a court decree under sec. 766.70, Wis. Stats., adversely affects the interest of the creditor unless the creditor, prior to the time credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. Married residents of Wisconsin applying for an individual account must give us the name and address of their spouse if the spouse also is a Wisconsin resident, regardless of whether the spouse may use the card. Please provide this information to us at P.O. Box 965022, Orlando, FL 32896-5022. 

 

CONSENT TO ELECTRONIC COMMUNICATIONS

By (i) submitting an application online or (ii) registering for online or mobile services for your Account, you hereby agree to the following and this will constitute your consent for us to send you electronic communications about your Account. When you successfully consent through the online or mobile site, you have successfully demonstrated that you are able to access information we have posted on such online or mobile site.

 

Categories of Communications. You consent to receive communications relating to your Account in electronic form. The communications covered by your consent may include, but are not limited to, (i) the initial disclosure statement or agreement governing your Account, (ii) any disclosure required by federal, state or local law, including disclosures under the federal Truth in Lending Act, the federal Fair Credit Reporting Act, the federal Equal Credit Opportunity Act and the financial privacy provisions of the Gramm-Leach-Bliley Act, (iii) your billing statement, if you have signed up to receive electronic statements, (iv) letters, notices or alerts regarding your Account and any changes to your Account, (v) other disclosures, notices or communications in connection with the application for, the opening of, maintenance of or collection of your Account, and (vi) the debt cancellation agreement and other information relating to optional debt cancellation products you may select to purchase. These electronic communications may include your name and some information about your Account, including your balance or the due date; however, we will not include your full account number or social security number. Electronic communications may be reviewed by any party with access to your Account, the e-mail account you have provided to us for delivering these communications, or the hardware or software you use to view your Account information or your e-mail account.

 

How to Withdraw Your Consent. You may not apply online for an Account and you may not register your Account for online services (including electronic statements or mobile alerts), unless you also provide your consent to receive electronic communications. If you have registered for online services (such as electronic statements or mobile alerts) and you wish to withdraw your consent to receive future electronic communications, you must un-enroll from each service you have elected to receive to completely withdraw your consent to receive electronic communications. Additionally, you may call customer service at the number on your credit card or billing statement to withdraw your consent.

 

We will not impose any fee to process the withdrawal of your consent to electronic communications. However, you will not be able to receive your billing statements electronically if you do not consent to receive electronic communications or withdraw your consent. Any withdrawal of your consent to electronic communications will be effective only after we have a reasonable period of time to process your withdrawal request. 

 

How to Update Your Records. You agree to promptly update your e-mail address if a change occurs by updating your information through the website listed on your billing statement or by calling customer service.

 

Hardware and Software Requirements. In order to access and retain electronic communications, you must have the following:

 

  • For personal computers:
    • Access to the Internet via dial-up, DSL, cable modem, wireless access protocol or equivalent
    • SSL-enabled web browser that supports JavaScript
    • Sufficient electronic storage capacity on your hard drive or other data storage facility, or a means to print or store notices and information through your browser software

 

  • For mobile devices (phones, tablets, eReaders, or other mobile devices with Internet browsing capabilities):
    • Access to the Internet via dial-up, DSL, cable modem, wireless access protocol or equivalent
    • SSL-enabled web browser that supports HTML 5, JavaScript, and CSS3
    • Sufficient electronic storage capacity on your hard drive or other data storage facility, or a means to print or store notices and information through your browser software

 

Paper Copies of Communications. Upon your request we will provide you with a paper copy of a communication that we provide you electronically. If you would like a paper copy of any material (other than your debt cancellation agreement), please write to us at: Synchrony Bank, P.O. Box 965022, Orlando, FL 32896-5022 or call us at the phone number listed on the back of your credit card or on your billing statement. If you would like a copy of your debt cancellation agreement, please write to us at: Card Security, P.O. Box 39, Roswell, GA 30077-0039. There will be no charge for a paper copy of any material we have sent you electronically. 

 

Communications in Writing. All communications in either electronic or paper format from us to you will be considered "in writing." You should print or download a copy of this consent, the Account agreement, the debt cancellation agreement (if elected) and any other electronic communication that is important to you for your records. 

 

Electronic Signatures. You acknowledge that by clicking on the "Submit" or similar button, you are indicating your intent to sign up for electronic communications and that this shall constitute your signature.

 

Federal Law. You acknowledge and agree that your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business and communicate with you by electronic means.

 

IMPORTANT TERMS FOR ELECTRONIC STATEMENTS

In addition to the above, if you have elected to receive electronic statements, the following information applies:

  1.  Statement Inserts. Any inserts that would be included with a statement sent by U.S. mail may also be sent to you electronically. If an insert contains legally required material, to ensure that you receive the necessary material, we may send you a paper copy of your statement in addition to making the statement available to you electronically. Any legally required insert that would not be available electronically will be sent to you by U.S. mail.
  2. Payment Information. When you elect to stop paper statements, you must still pay at least your Minimum Payment and have it received by us by 5 p.m. (ET) on the Payment Due Date. You can do this through an electronic bill pay service (whether through this website or using a third party servicer or bank) or by mailing your payment to us at the address shown on the electronic statement. Please note, if you do not pay us electronically, the crediting of your payment may be delayed by up to five days after receipt.
  3. Returned E-mails. If e-mails advising you of the availability of statements are returned to us, we may cancel your enrollment for electronic statements and resume sending you paper statements in the mail. If this happens, you will need to re-enroll to receive electronic statements with updated information.
  4. SPAM Filters. We will make every effort to ensure our e-mail notifications are properly listed with all SPAM filter agencies. However, you are responsible for ensuring that any SPAM filters recognize e-mail originating from us. If you fail to receive e-mail notifications from us after enrolling for electronic statements, please check with the provider of your e-mail account and/or the SPAM filter associated with your e-mail account.
  5. Account Delinquency. We reserve the right, at any time and without notice, to stop providing you with electronic statements and provide you with paper statements, if your account is not maintained in good standing.
  6. Cancellation. We reserve the right, at any time, to stop providing you electronic statements and provide you with paper statements. If we do so, we will provide you with prior notice, except in the case of account delinquency. Reasons for cancellation include, but are not limited to, not viewing your last three electronic statements..

 

Definitions used in this consent:

  • "You" and "your" mean the primary applicant or accountholder;
  • "We," "us" and "our" mean Synchrony Bank;
  • "Account" means your BP Visa® Credit Card Account, BP Visa Signature® Credit Card Account, or BP Credit Card Account; and
  • "Billing Statement" means the billing statement for your Account.

All other terms used in this consent shall have the meanings given to them in the Account agreement.

 

SECTIONS II AND III OF THE BP VISA® CREDIT CARD AND BP VISA SIGNATURE® CREDIT CARD ACCOUNT AGREEMENT

 

SECTION II: RATES, FEES AND PAYMENT INFORMATION

BP VISA® CREDIT CARD AND BP VISA SIGNATURE® CREDIT CARD ACCOUNT AGREEMENT

How Interest Is Calculated
Your Interest Rate

We use a daily rate to calculate the interest on the balance on your account each day. The daily rate is the applicable APR times 1/365. Interest will be imposed in amounts or at rates not in excess of those permitted by applicable law.

 

The daily rate for purchases is .08217% (APR 29.99%).

The daily rate for cash advances is .08217% (APR 29.99%). 

When We Charge Interest

Purchases. We charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See exceptions below.

  • We will not charge you interest during a billing cycle on any purchases if:
  1. You had no balance at the start of the billing cycle; OR
  2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle.
  • We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if:
  1. You had no balance at the start of the previous billing cycle; OR
  2. You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in the previous billing cycle.

Cash Advances. We charge interest on your cash advances, and their related fees, from the date you make the transaction until you pay them in full. You cannot avoid paying interest on cash advances or their related fees.

How We Calculate Interest

We figure the interest charge on your account separately for each balance type. We do this by applying the daily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable: purchases, cash advances and balances subject to different interest rates, plans or special promotions. See below for how this works.

1. How to get the daily balance: We take the starting balance each day, add any new charges and fees, and subtract any payments or credits. This gives us the daily balance.
We apply fees to balance types as follows:

a. late payment fees are treated as new purchases;

b. debt cancellation fees are added proportionately to each balance;

c. cash advance fees are added to the cash advance balance; and

d. foreign transaction fees are added to the purchase balance.

2. How to get the daily interest amount: We multiply each daily balance by the daily rate that applies.

3. How to get the starting balance for the next day: We add the daily interest amount in step 2 to the daily balance from step 1.

4. How to get the interest charge for the billing cycle: We add all the daily interest amounts that were charged during the billing cycle.

We charge a minimum of $2.00 of interest in any billing cycle in which you owe interest. This charge is added proportionately to each balance type.

How Fees Work
Cash Advance Fee We will charge this fee for each cash advance you make. For ATM cash advances this fee is in addition to any fee the ATM owner may charge you for use of the ATM.
Foreign Transaction Fee

We will charge this fee for purchases or cash advances you make in currencies other than U.S. dollars and/or in a country other than the U.S., whether or not the transaction was in a foreign currency.
 

If you make a transaction with your account in a currency other than U.S. dollars, Visa U.S.A. Inc. (“Visa”) will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that Visa currently uses, the non-U.S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate. Currently, Visa operating regulations provide that the currency conversion rate is either (1) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (2) the government-mandated rate in effect for the applicable central processing date. The currency conversion rate that is in effect on the central processing date may differ from the rate in effect on the transaction date or the posting date, and may be higher than the rate you could have gotten if you had converted U.S. dollars into the foreign currency.

Late Payment Fee

We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on the due date. This fee is equal to::

  1. $28, if you have paid your total minimum payment due by the due date in each of the prior six billing cycles. OR
  2. $39, if you have failed to pay your total minimum payment due by the due date in any one or more of the prior six billing cycles.

The late payment fee will not be more than the total minimum payment that was due.

Minimum Payment Calculation

Your total minimum payment is calculated as follows.

The greater of:

  1. $28, or $39 (which includes any past due amounts) if you have failed to pay the total minimum payment due by the due date in any one or more of the prior six billing cycles. OR
  2. The sum of:

a. Any past due amounts; PLUS

b. 1% of your new balance shown on your billing statement (excluding any balance in connection with a special promotional purchase with a unique payment calculation); PLUS

c. Any late payment fees charged in the current billing cycle; PLUS

d. All interest charged in the current billing cycle; PLUS

e. Any payment due in connection with a special promotional purchase with a unique payment calculation.

 

We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance. Payments required in connection with a special promotional purchase with a unique payment calculation will not be increased to, but may be included in the $28 or $39 minimum amount otherwise due on your account.

 

SECTION III: STANDARD PROVISIONS

BP VISA® CREDIT CARD AND BP VISA SIGNATURE® CREDIT CARD ACCOUNT AGREEMENT 

 

ABOUT THE CREDIT CARD ACCOUNT AGREEMENT

 

This Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account shown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document and the application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier or at the same time.
 

Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as "you" or "your."  Synchrony Bank may be referred to as "we," "us" or "our."

 

Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.

 

Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising or other disclosures provided to you.

 

HOW TO USE YOUR ACCOUNT/CARD

 

Use Of  Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases from BP and Amoco locations in the United States and from any merchant that accepts Visa credit cards. You may get cash advances as further explained below. You may not use your account to pay amounts you owe us on this account or any other account you have with us.
 

Cash Advances. We may offer you the opportunity to get a cash advance with convenience checks that we send you. We may not honor a convenience check for any reason stated on the check. You can also get cash or make a withdrawal from any institution or ATM that accepts the card or the account. In addition, we will treat any purchase of certain cash like items as cash advances. Cash like items include for example, money orders, cashier’s checks, traveler’s checks, electronic or wire transfers, foreign currency or other in bank transactions, tax payments, lottery tickets or other legalized gambling transactions, court costs, bail bonds and fines.
 

You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement.

Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to someone else, you will be responsible for paying for all charges resulting from their transactions.


Transaction Limits
. To prevent fraud, we may limit the number or dollar amount of any type of transactions you can make in any particular amount of time. We also may decline any particular charge on your account for any reason.


Credit Limit. You will be assigned a credit limit and cash advance limit on your account that we may increase or decrease from time to time. If we approve a transaction that makes you go over your credit limit or your cash advance limit, we do not give up any rights under this Agreement and we do not treat it as an increase in either limit.

 

HOW AND WHEN TO MAKE PAYMENTS

 

When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. Payments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.
 

Payment Options. You can pay by mail or online. We may allow you to make payments over the phone but we will charge you a fee to make expedited phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in the United States.
 

How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be delayed up to five days. Your billing statement also explains how information on your check is used.
 

Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

 

INFORMATION ABOUT YOU

 

Using And Sharing Your Information. When you applied for an account, you gave us and BP Products North America Inc. information about yourself that we could share with each other. BP Products North America Inc. will use the information in connection with the credit program and for things like creating and updating its records and offering you special benefits. More information about how we use and share information is set forth in the privacy policy for your account. 


Address/Phone Change. You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that number. You also agree to tell us right away if you change your address or any phone number.


Consent To Communications. You consent to us, as well as any other owner or servicer of your account, contacting you through any channel of communication and for any purpose, as permitted by applicable law. For informational, servicing, fraud, or collection related communications, you agree that we may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded voice calls, and calls made by an automatic telephone dialing system. Text frequency may vary and may be recurring. This consent applies even if you are charged for the call under your plan. You are responsible for any charges that may be billed to you by your communications carrier when we contact you. Message and data rates may vary. We and any carrier are not liable for delayed or undelivered messages. If you have questions, please call the number on the back of your card.


Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.

 

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT

 

Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain in effect until you do.


Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs and reasonable attorneys' fees.
 

Credit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965024, Orlando, FL 32896-5024. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy.


Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed.


Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under this Agreement if we accept a payment marked "payment in full" or given with any other conditions or limitations.
 

Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-844-887-1945 for BP® Visa® Credit Card and 1-844-832-0030 for BP® Visa Signature® Credit Card. You will not be liable for unauthorized use on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.


Transactions Processed On The Visa Network. Transactions made using your credit card at BP and Amoco locations are processed by Synchrony Bank and are not processed on the Visa network. As a result, these transactions are not eligible for certain benefits that apply to transactions processed over the Visa network. For example, transactions at BP and Amoco locations do not count as eligible transactions for promotions that are sponsored by Visa, such as "Visa Extras." Your account is protected against unauthorized use as provided in this Agreement. In addition, Visa's Zero Liability policy applies to all transactions not made at BP and Amoco locations.

 

IMPORTANT INFORMATION ABOUT THIS AGREEMENT

 

Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.


Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.
 

Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.
 

Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

 

RESOLVING A DISPUTE WITH ARBITRATION

 

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

 

  1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, BP Products North America Inc. and/or any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary).
  2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim.
  3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.
  4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
  5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.
  6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.
  7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.
  8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court.
  9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.
  10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced.
  11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.
  12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern.
  13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.
  14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don’t reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.

 

SECTIONS II AND III OF THE BP CREDIT CARD ACCOUNT AGREEMENT

 

SECTION II: RATES, FEES AND PAYMENT INFORMATION

BP CREDIT CARD ACCOUNT AGREEMENT

How Interest Is Calculated
Your Interest Rate

We use a daily rate to calculate the interest on the balance on your account each day. The daily rate is the applicable APR times 1/365. Interest will be imposed in amounts or at rates not in excess of those permitted by applicable law.

The daily rate for purchases is .08217% (APR 29.99%).

The daily rate for cash advances is .08217% (APR 29.99%).

When We Charge Interest Purchases. We charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See exceptions below.
  • We will not charge you interest during a billing cycle on any purchases if:
    1. You had no balance at the start of the billing cycle; OR
    2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle.
  • We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if:
    1. You had no balance at the start of the previous billing cycle; OR
    2. You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in the previous billing cycle.

Cash Advances. We charge interest on your cash advances, and their related fees, from the date you make the transaction until you pay them in full. You cannot avoid paying interest on cash advances or their related fees. 

How We Calculate Interest
We figure the interest charge on your account separately for each balance type. We do this by applying the daily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable: purchases and balances subject to different interest rates, plans or special promotions. See below for how this works. 

  1. How to get the daily balance: We take the starting balance each day, add any new charges and fees, and subtract any payments or credits. This gives us the daily balance.

    We apply fees to balance types as follows:

    (a) late payment fees are treated as new purchases;
    (b) debt cancellation fees are added proportionately to each balance; and
    (c) cash advance fees are added to the cash advance balance.

  2. How to get the daily interest amount: We multiply each daily balance by the daily rate that applies.
  3. How to get the starting balance for the next day: We add the daily interest amount in step 2 to the daily balance from step 1.
  4. How to get the interest charge for the billing cycle: We add all the daily interest amounts that were charged during the billing cycle.

We charge a minimum of $2.00 of interest in any billing cycle in which you owe interest. This charge is added proportionately to each balance type.

How Fees Work
Cash Advance Fee We will charge this fee for each cash advance you make. For ATM cash advances this fee is in addition to any fee the ATM owner may charge you for use of the ATM.
Late Payment Fee

We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on the due date. This fee is equal to:

  1. $28, if you have paid your total minimum payment due by the due date in each of the prior six billing cycles.

    OR
  2. $39, if you have failed to pay your total minimum payment due by the due date in any one or more of the prior six billing cycles.

The late payment fee will not be more than the total minimum payment that was due.

Minimum Payment Calculation

Your total minimum payment is calculated as follows.


The greater of: 

  1. $28, or $39 (which includes any past due amounts) if you have failed to pay the total minimum payment due by the due date in any one or more of the prior six billing cycles.

    OR
  2. The sum of:
    a. Any past due amounts; PLUS
    b. 1% of your new balance shown on your billing statement (excluding any balance in connection with a special promotional purchase with a unique payment calculation); PLUS
    c. Any late payment fees charged in the current billing cycle; PLUS
    d. All interest charged in the current billing cycle; PLUS
    e. Any payment due in connection with a special promotional purchase with a unique payment calculation.
     

We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance. Payments required in connection with a special promotional purchase with a unique payment calculation will not be increased to, but may be included in the $28 or $39 minimum amount otherwise due on your account.

 

SECTION III: STANDARD PROVISIONS

BP CREDIT CARD ACCOUNT AGREEMENT 

 

ABOUT THE CREDIT CARD ACCOUNT AGREEMENT

 

This Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account shown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document and the application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier or at the same time.
 

Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as "you" or "your."  Synchrony Bank may be referred to as "we," "us" or "our."


Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.
 

Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising or other disclosures provided to you.

 

HOW TO USE YOUR ACCOUNT/CARD

 

Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases from BP and Amoco locations in the United States.

Cash Advances. We may offer you the opportunity to get a cash advance with convenience checks that we send you. We may not honor a convenience check for any reason stated on the check. You can also get cash or make a withdrawal from any institution or ATM that accepts the card or the account. In addition, we will treat any purchase of certain cash like items as cash advances. Cash like items include for example, money orders, cashier’s checks, traveler’s checks, electronic or wire transfers, foreign currency or other in bank transactions, tax payments, lottery tickets or other legalized gambling transactions, court costs, bail bonds and fines.
 

You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement.

Your Responsibility. Each account holder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to someone else, you will be responsible for paying for all charges resulting from their transactions.
 

Transaction Limits. To prevent fraud, we may limit the number or dollar amount of any type of transactions you can make in any particular amount of time. We also may decline any particular charge on your account for any reason.
 

Credit Limit. You will be assigned a credit limit and cash advance limit on your account that we may increase or decrease from time to time. If we approve a purchase that makes you go over your credit limit or your cash advance limit, we do not give up any rights under this Agreement and we do not treat it as an increase in your credit limit.

 

HOW AND WHEN TO MAKE PAYMENTS

 

When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. Payments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.
 

Payment Options. You can pay by mail or online. We may allow you to make payments over the phone but we will charge you a fee to make expedited phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in the United States.
 

How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be delayed up to five days. Your billing statement also explains how information on your check is used.
 

Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

 

INFORMATION ABOUT YOU

 

Using And Sharing Your Information. When you applied for an account, you gave us and BP Products North America Inc. information about yourself that we could share with each other. BP Products North America Inc. will use the information in connection with the credit program and for things like creating and updating its records and offering you special benefits. More information about how we use and share information is set forth in the privacy policy for your account.

Address/Phone Change. You agree to tell us right away if you change your address or phone number(s). We will contact you at the address or phone number in our records until we update our records with your new address or phone number.
 

Consent To Communications. You consent to us, as well as any other owner or servicer of your account, contacting you through any channel of communication and for any purpose, as permitted by applicable law. For informational, servicing, fraud, or collection related communications, you agree that we may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded voice calls, and calls made by an automatic telephone dialing system. Text frequency may vary and may be recurring. This consent applies even if you are charged for the call under your plan. You are responsible for any charges that may be billed to you by your communications carrier when we contact you. Message and data rates may vary. We and any carrier are not liable for delayed or undelivered messages. If you have questions, please call the number on the back of your card.


Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.

 

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT

 

Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain in effect until you do.
 

Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs and reasonable attorneys' fees.
 

Credit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965024, Orlando, FL 32896-5024. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy.
 

Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed.
 

Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under this Agreement if we accept a payment marked "payment in full" or given with any other conditions or limitations.
 

Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-844-832-0035. You will not be liable for unauthorized use on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.

 

IMPORTANT INFORMATION ABOUT THIS AGREEMENT

 

Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.
 

Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.
 

Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.
 

Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

 

RESOLVING A DISPUTE WITH ARBITRATION

 

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.
 

  1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, BP Products North America Inc. and/or any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and may enforce it in full (notwithstanding any state law to the contrary). 
  2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before this section took effect. You may not sell, assign or transfer a claim.
  3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement (such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.
  4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
  5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.
  6. NO CLASS ACTIONS. IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT (A) TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. 
  7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320,  ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, Floor 21,  New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.
  8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court.
  9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.
  10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the administrator’s rules or that are necessary for this Arbitration section to be enforced.
  11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.
  12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern.
  13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other claims have been finally concluded.
  14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don’t reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and us that would otherwise be applicable.

 

SECTION IV: OTHER IMPORTANT INFORMATION

BP VISA® CREDIT CARD AND BP VISA SIGNATURE® CREDIT CARD AND BP CREDIT CARD ACCOUNT AGREEMENT

 

NOTICE FOR ACTIVE DUTY MILITARY MEMBERS AND THEIR DEPENDENTS: The following disclosures apply to you if, at the time your account is opened, you are a “covered borrower” as defined in the Military Lending Act, which includes eligible active duty members of the Armed Forces and their dependents:

 

  1. The provision in this Agreement called “Resolving a Dispute with Arbitration” will not apply to your account.
  2. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an Annual Percentage Rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). 
  3. You can call 1-855-367-4541 to hear the information in item 2 (above) and a description of the payment obligation for your account.

 

STATE NOTICES

 

NEW JERSEY RESIDENTS: Certain provisions of this Agreement are subject to applicable law. As a result, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.
 

TENNESSEE RESIDENTS: This Agreement will not become effective unless and until we have (1) provided the disclosures required pursuant to the federal Truth in Lending Act, (2) you or an authorized user uses the account, and (3) we extend credit to you for that transaction on your account.
 

WISCONSIN RESIDENTS: No provision of a marital property agreement, a unilateral statement under sec. 766.59, Wis. Stats., or a court decree under sec. 766.70, Wis. Stats., adversely affects the interest of the creditor unless the creditor, prior to the time credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. Married residents of Wisconsin applying for an individual account must give us the name and address of their spouse if the spouse also is a Wisconsin resident, regardless of whether the spouse may use the card. Please provide this information to us at P.O. Box 965022, Orlando, FL 32896-5022.


Your signature on the application or sales slip (or online screen) for the initial purchase approved on this account represents your signature on this Agreement. It is incorporated herein by reference.


We have signed this Agreement as follows:
 

Margaret Keane

CEO

Synchrony Bank

YOUR BILLING RIGHTS SUMMARY

 

Your Billing Rights: Keep this Document for Future Use


This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.


What To Do If You Find A Mistake On Your Statement


If you think there is an error on your statement, write to us at:

Synchrony Bank

P.O. Box 965023

Orlando, FL 32896-5023

In your letter, give us the following information:

  • Account information: Your name and account number.
  • Dollar amount: The dollar amount of the suspected error.
  • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.

You must contact us:

  • Within 60 days after the error appeared on your statement.
  • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.

You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.

 

What Will Happen After We Receive Your Letter

 

When we receive your letter, we must do two things:

 

  • Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
  • Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:

 

  • We cannot try to collect the amount in question, or report you as delinquent on that amount.
  • The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
  • While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
  • We can apply any unpaid amount against your credit limit.

 

After we finish our investigation, one of two things will happen:

 

  • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
  • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.

 

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.


Your Rights If You Are Dissatisfied With Your Credit Card Purchases


If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.


To use this right, all of the following must be true:

  • The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
  • You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
  • You must not yet have fully paid for the purchase.

 

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:

Synchrony Bank

P.O. Box 965023

Orlando, FL 32896-5023

 

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.

BP VISA® CREDIT CARD AND BP VISA SIGNATURE® CREDIT CARD
(Each a "BP Visa Credit Card")
REWARDS PROGRAM TERMS

 

By participating in the BP Visa Credit Card Rewards Program (the "Rewards Program"), you hereby agree to be bound by these Terms. These Terms apply to earning and redeeming cents off per gallon rewards and cash back rewards ("Rewards") under the Rewards Program. Save at the pump: When you use your BP Visa Credit Card to make purchases at participating BP and Amoco locations ("Participating Locations") you will automatically receive cents off per gallon. Earn cash back: You will earn 3% cash back when you use your BP Visa Credit Card to make grocery purchases and 1% cash back on all other purchases made using your BP Visa Credit Card (excluding BP and Amoco fuel purchases). Please see the details of the Rewards Program below.

 

CENTS OFF PER GALLON

 

Rewards on purchases made at Participating Locations are taken automatically at the pump. You will receive a discount of ten cents ($0.10) per gallon in fuel purchases you make using your BP Visa Credit Card at Participating Locations. Apple Pay: If you use an Apple Pay wallet that is provisioned with a Visa credit card, you will not receive a discount at the pump. Instead, you will receive 1% Cash Back Rewards on those fuel purchases.

 

CASH BACK REWARDS


A. Grocery purchases

You will earn 3% in Cash Back Rewards for net purchases (purchases minus returns and adjustments) you make using your BP Visa Credit Card for eligible grocery purchases. Eligible grocery purchases are determined by the merchant category code ("MCC") associated with the purchase. An MCC is a four-digit classification code that is assigned to a merchant by the merchant’s payment card network or merchant processor based on the predominant business activity of the merchant. The merchant’s MCC will determine whether a purchase qualifies as a grocery purchase. Neither BP nor Synchrony Bank assigns or has responsibility for the assignment of MCCs or evaluates what MCC is assigned to a particular merchant or purchase. Synchrony Bank reserves the right to determine, from time to time, which MCCs qualify for this category of Rewards. Eligible grocery purchases are, generally, those made at merchants primarily engaged in food and grocery sales.

B. All other purchases

You will earn 1% in Cash Back Rewards for all other net purchases (purchases minus returns and adjustments) you make using your BP Visa Credit Card everywhere else the Visa credit card is accepted (excluding BP and Amoco fuel purchases).

C. How Cash Back Rewards are applied
 

Your Cash Back Rewards will be applied to your Card Account as a statement credit within two (2) billing periods after the billing period in which they are earned. Balance transfers, cash advances, finance charges and fees associated with your BP Visa Credit Card are not eligible to earn Cash Back Rewards. There is no maximum amount of Cash Back Rewards that you can accumulate in the Rewards Program, subject to the expiration and forfeiture of Cash Back Rewards as explained below.


Special Promotions

From time to time, there may be other promotional offers made in the Rewards Program the terms of which will be communicated at the time the special promotion is made.

 

GENERAL TERMS AND CONDITIONS


Earn Rewards in Accordance with these Terms


Rewards are not transferable. Rewards are not "gifts" and are not intended for gift-giving purposes. We have the right to monitor all Rewards activity and reserve the right to remove any person from the Rewards Program in the event of any fraud or abuse in connection with this Program. Your ability to earn and redeem Rewards will be suspended if use of your Card Account is suspended. If your Rewards are cancelled or forfeited for any reason, we will not reinstate those Rewards to your account.

Rewards Forfeiture

Cash Back Rewards will be forfeited in any of the following circumstances: (i) if two or more consecutive minimum payments on your Card Account are not paid when due; or (ii) if your Card Account is closed for any reason (other than as a result of a lost or stolen card, in which case all accrued Reward Points will be applied to the replacement card).

Returns and Adjustments

If you return merchandise or otherwise create a credit for a purchase for which you previously earned Cash Back Rewards, your Cash Back Rewards balance will be reduced by the amount of the credit and may become negative. If, as a result, your Card Account balance becomes negative, it will remain negative (and no statement credits will be applied) until you make purchases using your BP Visa Credit Card in amounts sufficient to cause your Cash Back Rewards balance to be a positive amount.

Right to Change/Modify/Cancel

We may cancel, modify, restrict, waive or terminate any portion of the Rewards Program, 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. The most current version of the terms for the Rewards Program will be available at mybpstation.com/cards and will supersede all previous versions of these Rewards Program terms.


BP CREDIT CARD (the "BP Credit Card")

REWARDS PROGRAM TERMS

 

By participating in the BP Credit Card Rewards Program (the "Rewards Program"), you hereby agree to be bound by these Terms. These Terms apply to earning and redeeming rewards ("Rewards") under the Rewards Program. Save at the pump: When you use your BP Credit Card to make purchases at participating BP and Amoco locations ("Participating Locations") you will automatically receive cents off per gallon. Earn cash back: You will earn 1% cash back ("Cash Back Rewards") when you use your BP Credit Card on non-fuel purchases at BP and Amoco locations. Please see the details of the Rewards Program below.

How Cents Off Per Gallon Rewards work

Rewards on purchases made at Participating Locations are taken automatically at the pump. You will receive a discount of five cents ($0.05) per gallon in fuel purchases you make using your BP Credit Card at Participating Locations. There is no maximum amount of Rewards that you can accumulate in the Rewards Program.

 

CASH BACK REWARDS

 

You will earn 1% in Cash Back Rewards for net purchases (purchases minus returns and adjustments) you make using your BP Credit Card on non-fuel purchases at BP and Amoco locations.

How Cash Back Rewards are applied

Your Cash Back Rewards will be applied to your Card Account as a statement credit within two (2) billing periods after the billing period in which they are earned. Balance transfer fees, cash advances, finance charges and fees associated with your BP Credit Card, if any, are not eligible to earn Cash Back Rewards. There is no maximum amount of Cash Back Rewards that you can accumulate in the Rewards Program, subject to the expiration and forfeiture of Cash Back Rewards as explained below.

Special Promotions

From time to time, there may be other promotional offers made in the Rewards Program the terms of which will be communicated at the time the special promotion is made.

Earn Cents Off Per Gallon Rewards in Accordance with these Terms

Rewards are not transferable. Rewards are not "gifts" and are not intended for gift-giving purposes. We have the right to monitor all Rewards activity and reserve the right to remove any person from the Rewards Program in the event of any fraud or abuse in connection with this Program. Your ability to earn and redeem Rewards will be suspended if use of your Card Account is suspended. If your Rewards are cancelled or forfeited for any reason, we will not reinstate those Rewards to your account.

Rewards Forfeiture

Cash Back Rewards will be forfeited in any of the following circumstances: (i) if two or more consecutive minimum payments on your Card Account are not paid when due; or (ii) if your Card Account is closed for any reason (other than as a result of a lost or stolen card, in which case all accrued Reward Points will be applied to the replacement card).

Returns and Adjustments

If you return merchandise or otherwise create a credit for a purchase for which you previously earned Cash Back Rewards, your Cash Back Rewards balance will be reduced by the amount of the credit and may become negative. If your Cash Back balance becomes negative, it will remain negative (and no statement credits will be applied) until you make purchases using your BP Credit Card in amounts sufficient to cause your Cash Back Rewards balance to be a positive amount.

Right to Change/Modify/Cancel

We may cancel, modify, restrict, waive or terminate any portion of the Rewards Program, 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. The most current version of the terms for the Rewards Program will be available at mybpstation.com/cards and will supersede all previous versions of these Rewards Program terms.

Privacy Policy

Rev. 1/17

FACTS WHAT DOES SYNCHRONY BANK DO WITH YOUR PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Social Security number and income
  • Account balances and payment history
  • Credit history and credit scores
How? All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Synchrony Bank chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does Synchrony Bank share? Can you limit this sharing?

For our everyday business purposes -

such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

Yes No
For our marketing purposes -
to offer our products and services to you
Yes No
For joint marketing with other financial companies Yes No
For our affiliates' everyday business purposes -
information about your transactions and experiences
Yes No
For our affiliates' everyday business purposes - 
information about your creditworthiness
Yes Yes
For our affiliates to market to you Yes Yes
For nonaffiliates to market to you Yes Yes*
To limit our sharing
  • Call 1-844-832-0032 for BP Visa® Credit Card and BP Visa Signature® Credit Card and 1-844-887-1939 for BP Credit Card — our menu will prompt you through your choice(s)

Please note:

If you are a new customer, we can begin sharing your information 30 days from the date we sent this notice, or earlier if you consent or for types of information for which you do not have the right to limit our sharing. When you are no longer our customer, we continue to share your information as described in this notice.

However, you can contact us at any time to limit our sharing.

Questions? Call 1-844-887-1945 for BP Visa® Credit Card
Call 1-844-832-0030 for BP Visa Signature® Credit Card
Call 1-844-832-0035 for BP Credit Card 
What we do
How does Synchrony Bank protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does Synchrony Bank collect my personal information?

We collect your personal information, for example, when you

  • open an account or give us your contact information
  • provide account information or pay your bills
  • use your credit card

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can't I limit all sharing?

Federal law gives you the right to limit only

  • sharing for affiliates' everyday business purposes—information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

What happens when I limit sharing for an account I hold jointly with someone else? Your choices will apply to everyone on your account.
Definitions  
Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

  • Our affiliates include financial companies, such as Synchrony Financial and its subsidiaries, including Retail Finance Credit Services, LLC and CareCredit LLC.
Nonaffiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

  • Nonaffiliates we share with can include the retailer named on your account and direct marketing companies.
Joint marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

  • Our joint marketing partners include insurance companies.
Other important information
If your account has a California or Vermont billing address, you are automatically treated as if you have chosen to limit our sharing of information with affiliates and nonaffiliates. If your account has a California billing address, we will not share information for joint marketing purposes with other financial companies. If your account no longer has a California or Vermont address, these special rules will stop applying and you will need to notify us if you want to exercise your right to restrict our sharing of information with affiliates or nonaffiliates.
*Please keep in mind that, as permitted by federal law, if you choose to limit our sharing of information with nonaffiliates, your choice will not prohibit us from sharing your information with BP Products North America Inc. (and its affiliates) in connection with maintaining and servicing the BP Visa® Credit Card and BP Visa Signature® Credit Card and BP Credit Card programs, including marketing of such programs.

The above notice applies only to consumer BP Visa® Credit Card and BP Visa Signature® Credit Card and BP Credit Card Accounts with Synchrony Bank and does not apply to any other accounts you have with us. It replaces our previous privacy notice disclosures to you. We can change our privacy policy at any time and will let you know if we do if/as required by applicable law.
 
For helpful information about identity theft, visit the Federal Trade Commission's (FTC) consumer website at https://www.identitytheft.gov/

BP CREDIT CARD (“BP Credit Card”), BP VISA® CREDIT CARD and

BP VISA SIGNATURE® CREDIT CARD (latter 2 products are referred to as a

“BP Visa Credit Card”) REWARDS PROGRAM TERMS

 

By participating in the BP Credit Card Rewards Program (the “Rewards Program”), you hereby agree to be bound by these Terms. These Terms apply to earning and redeeming cents off per gallon rewards and cash back rewards (“Rewards”) under the Rewards Program. Save at the pump: When you use your BP Credit Card or BP Visa Credit Card to make purchases at participating BP and Amoco locations (“Participating Locations”) you will automatically receive cents off per gallon. Earn Cash Back Rewards: You will earn Cash Back Rewards when you use your BP Credit Card for non-fuel purchases at BP and Amoco locations or when you use your BP Visa Credit Card to make grocery purchases and on all other purchases made using your BP Visa Credit Card (excluding BP and Amoco fuel purchases). Please see the details of the Rewards Program below.
 

1. CENTS OFF PER GALLON

Rewards on purchases made at Participating Locations are taken automatically at the pump.

 

Introductory offer: During the first 30 days after approval, you will receive an introductory discount of twenty-five cents ($0.25) per gallon in fuel purchases you make using your BP Credit Card or BP Visa Credit Card at Participating Locations. After the introductory 30-day period, you will receive the applicable fuel purchase discount described below.

 

BP Credit Cards: After the introductory period, you will receive a discount of five cents ($0.05) per gallon in fuel purchases you make using your BP Credit Card at Participating Locations.

 

BP Visa Credit Cards: After the introductory period, you will receive a discount of ten cents ($0.10) per gallon in fuel purchases you make using your BP Visa Credit Card at Participating Locations. Apple Pay: If you use an Apple Pay wallet that is provisioned with a Visa credit card, you will not receive a discount at the pump. Instead, you will receive 1% Cash Back Rewards on those fuel purchases.


2. CASH BACK REWARDS

 

BP Credit Cards: You will earn 1% in Cash Back Rewards for net purchases (purchases minus returns and adjustments) you make using your BP Credit Card on non-fuel purchases at BP and Amoco locations.

 

BP Visa Credit Cards:
 

A. Grocery purchases 

You will earn 3% in Cash Back Rewards for net purchases (purchases minus returns and adjustments) you make using your BP Visa Credit Card for eligible grocery purchases. Eligible grocery purchases are determined by the merchant category code (“MCC”) associated with the purchase. An MCC is a four-digit classification code that is assigned to a merchant by the merchant’s payment card network or merchant processor based on the predominant business activity of the merchant. The merchant’s MCC will determine whether a purchase qualifies as a grocery purchase. Neither BP nor Synchrony Bank assign or has responsibility for the assignment of MCCs or evaluates what MCC is assigned to a particular merchant or purchase. Synchrony Bank reserves the right to determine, from time to time, which MCCs qualify for this category of Rewards. Eligible grocery purchases are, generally, those made at merchants primarily engaged in food and grocery sales.

 

B. All other purchases 
You will earn 1% in Cash Back Rewards for all other net purchases (purchases minus returns and adjustments) you make using your BP Visa Credit Card everywhere else the Visa credit card is accepted (excluding BP and Amoco fuel purchases).

 

3. How Cash Back Rewards are applied 


Your Cash Back Rewards will be applied to your Card Account as a statement credit within two (2) billing periods after the billing period in which they are earned. Balance transfers, cash advances, finance charges and fees associated with your BP Credit Card or BP Visa Credit Card are not eligible to earn Cash Back Rewards. There is no maximum amount of Cash Back Rewards that you can accumulate in the Rewards Program, subject to the expiration and forfeiture of Cash Back Rewards as explained below.

 

4. Special Promotions 
From time to time, there may be other promotional offers made in the Rewards Program the terms of which will be communicated at the time the special promotion is made.

 

GENERAL TERMS AND CONDITIONS

 

Earn Rewards in accordance with these Terms 


Rewards are not transferable. Rewards are not “gifts” and are not intended for gift-giving purposes. We have the right to monitor all Rewards activity and reserve the right to remove any person from the Rewards Program in the event of any fraud or abuse in connection with this Program. Your ability to earn and redeem Rewards will be suspended if use of your Card Account is suspended. If your Rewards are cancelled or forfeited for any reason, we will not reinstate those Rewards to your account.

 

Rewards Forfeiture 


Cash Back Rewards will be forfeited in any of the following circumstances: (i) if two or more consecutive minimum payments on your Card Account are not paid when due; or (ii) if your Card Account is closed for any reason (other than as a result of a lost or stolen card, in which case all accrued Reward Points will be applied to the replacement card).

 

Returns and Adjustments 


If you return merchandise or otherwise create a credit for a purchase for which you previously earned Cash Back Rewards, your Cash Back Rewards balance will be reduced by the amount of the credit and may become negative. If, as a result, your Cash Back Rewards balance becomes negative, it will remain negative (and no statement credits will be applied) until you make purchases using your BP Credit Card or BP Visa Credit Card in amounts sufficient to cause your Cash Back Rewards balance to be a positive amount.

 

Right to Change/Modify/Cancel 


We may cancel, modify, restrict, waive or terminate any portion of the Rewards Program, 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. The most current version of the terms for the Rewards Program will be available at mybpstation.com/cards and will supersede all previous versions of these Rewards Program terms.

Discount codes

Discount Codes Terms and Conditions:

Discount codes may be redeemed for fuel purchases at participating BP locations in the United States. Discount valid on a maximum of twenty (20) gallons and must be used in one transaction. Rewards are nontransferable. No cash back or cash value. No service fees. BP is not responsible for and will not replace lost, stolen or destroyed codes. Use of this code constitutes acceptance of the terms and conditions accompanying this code. This reward may not be combined with other discounts, offers or promotions, or with BPme Rewards, BP Visa Credit Card or BP Credit Card rewards. Not for retail sale. Rewards are issued for promotional and/or loyalty purposes only and unused rewards are automatically forfeited after their expiration date.

SMS

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:

1. 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.

 

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 by visiting: www.mybpstation.com/privacy-policy

 

2. 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.

 

Commencing Arbitration

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.

 

Applicable Law

 

Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Illinois.

 

Severability

 

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 and BPme Rewards

BPme Rewards Terms and Conditions

1. Introduction

These Terms and Conditions, including the BPme Terms and Conditions, BP’s Privacy Policy any other terms incorporated herein by reference (collectively, “BPme Rewards Program Terms”) constitute an agreement between you and BP Products North America Inc. (together with its affiliates and subsidiaries, collectively, “BP”, “we”, “our” or “us”) relating to your participation in the BPme Rewards Program. Please read these BPme Rewards Program Terms carefully, because they affect your legal rights, including an agreement to resolve any disputes that may arise between us through arbitration on an individual basis instead of by class actions or jury trials (See “Account Information” section, below). By accessing or participating in the BPme Rewards Program, you agree to be bound by these BPme Rewards Program Terms.

 

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. For a full description of the BPme Rewards Program, including possible Rewards, click here.

 

2. Program Registration

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.

 

3. Earning Rewards

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. 

 

4. Redeeming Rewards

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.

 

5. Additional Rewards

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.

 

6. 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.

 

7. 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.

 

8. 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 here. Limit: one (1) BP Credit Card per BPme mobile wallet account.

 

9. Additional Obligations

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.

 

10. Program Restrictions

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.

 

11. 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 here on this website and will supersede all previous versions of these BPme Rewards Program Terms.

 

12. Termination

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.

 

13. 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.

 

14. Program Void

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.

 

15. Account Information

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. 

 

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BPme Terms & Conditions

1. 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.

 

2. Enrollment; Use of Data; Registering Payment Cards

  1. 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.  
  2. By participating in the BPme Rewards Program and/or BPme App, you authorize BP to collect information about your registration and your account activity, which may include, without limitation, the items purchased, promotions redeemed, Participating BP Locations visited, or any other information related to any transactions connected with the BPme Rewards Program, BPme App or Service. Our use of such information, including, without limitation, for marketing purposes, shall be subject to BP’s privacy statement, which may be updated from time to time, in BP’s sole discretion. You authorize BP to monitor your BPme Rewards Program, BPme App and Service account activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your account or any of your activities relating to BPme Rewards Program, BPme App and Service, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages.
  3. 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 bp.com/us. 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.
  4. 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.

 

3. Using the Service

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

 

4. Electronic Communications

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.

 

5. 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.

 

6. 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. 

 

7. Intellectual Property

ou 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.

 

8. Linked Destinations, Promotional Offers and Feedback

You understand that BP may include services, materials or goods advertised, promoted, sold or otherwise made available through a third party in the BPme Rewards Program, BPme App and/or Service or promote content in connection with your use of the BPme 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 while using the BPme Rewards Program, BPme App or Service 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 we provide links or pointers to other 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 Terms to govern your use of another website or destination.

 

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.

 

9. Termination

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.”

 

10. 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:

 

  1. 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;
  2. any breach or non-compliance by you of any of these Terms;
  3. your actions or omissions; or
  4. 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.

 

11. 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.

 

12. 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 at  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.

 

You understand that the terms of any agreement between you and the Payment Card issuer will continue to apply to your use of such Payment Card through the BPme App. For customers that have an eligible credit card issued by Synchrony Bank, the Mobile Wallet Terms of Use for Synchrony Bank Customers apply.

 

13. Assignment

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.

 

14. Entire Agreement

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.