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Terms and Conditions

BP Credit Cards

 

New credit card program, The BPme Rewards Visa Credit Card

bp has selected First National Bank of Omaha (FNBO®) to provide a new credit card program as part of an ongoing effort to offer cardholders more value and benefits. Please refer to communications from FNBO for updated information or visit BPmeRewardsVisa.com/FAQ for questions.

BPme Rewards Visa Credit Card Terms

Cards are issued by First National Bank of Omaha, which is referred to below as “we”, “us”, “our”, and “FNBO®”.

 

PLEASE NOTE: If you apply for a credit card, you may receive a Platinum Edition® Visa® Card, a Visa Signature® Card, or we may decline to open an account for you. Eligibility for card products depends on the information provided in your application and your credit card history. The card you are approved for will determine your Visa benefits.

 

IMPORTANT RATE, FEE AND OTHER COST INFORMATION (SUMMARY OF CREDIT TERMS)

Interest Rates and Interest Charges
Annual Percentage Rate (APR) for Purchases 29.99% when you open your account.
APR for Balance Transfers  29.99%.
APR for Cash Advances  29.99%
Penalty APR and When it Applies  None
How to Avoid Paying Interest on Purchases  Your due date is at least 21 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.1
Minimum Interest Charge  If you are charged interest, the charge will be no less than $1.75.
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 www.consumerfinance.gov/learnmore.

Fees

Set-up and Maintenance Fees 

  • Annual Fee
  • Monthly Fee
  • None
  • None

Transaction Fees
 

  • Balance Transfer

  • Cash Advance

  • Cash Equivalent

  • Foreign Transaction
 
 
 
  • Either $10 or 5% of the amount of each transfer, whichever is greater
  • Either $15 or 5% of the amount of each cash advance, whichever is greater
  • Either $15 or 5% of the amount of each cash equivalent transaction, whichever is greater
  • 3% of each transaction in U.S. dollars

Penalty Fees

  • Late Payment Up to $40
  • Returned Payment (Payment Dishonored)
  • Up to $40
  • Up to $35

How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases)”.

How We Will Calculate Your Minimum Payment: If your New Balance is less than $40, the minimum payment will be equal to your New Balance. If your New Balance is $40 or greater, the minimum payment will be the greater of (a) 2% of the New Balance or $40, whichever is larger; or (b) the current cycle fees and finance charges (except balance transfer fees) plus 1% of the New Balance (excluding current cycle fees and finance charges). Your minimum payment will also include any amount (i) past due and (ii) necessary to reduce your balance to your credit limit. Calculations will exclude disputed amounts. Balance transfer fees will be part of your Balance Transfers Balance Category, unless we specify otherwise.

1 We will begin charging interest on cash advances and balance transfers on the transaction date. Your account will generally have monthly billing cycles. However, your first billing cycle may be more or less than one month.

IMPORTANT NOTICE REGARDING CHANGES IN TERMS. We may change the APRs, rates, fees, costs, and other terms of your account subject to, and as allowed by, applicable law.

Payments on your account will be generally applied as follows: (a) the minimum payment amount will be applied to balances with the lowest APRs before balances with higher APRs; and (b) any amount you pay in excess of the minimum payment will be applied to balances with the highest APRs before balances with lower APRs.

BALANCE TRANSFERS: You authorize us to make each balance transfer you request. Each company you request us to pay and each balance transfer request may be treated as a separate balance transfer transaction. Each balance transfer is subject to our approval and we are not liable if we do not make any balance transfer you request. We reserve the right to make balance transfers in the order we select and to limit the amount of the balance transfers that we make (this amount may be less than your total credit limit). If you ask for a balance transfer and we do not approve the full amount, we may either pay only part of the amount you asked for or decline your request. You may not transfer balances from other accounts you have with us or our related companies. In addition, we may not process a balance transfer request if it is incomplete, illegible or written to cash. Each balance transfer is subject to applicable fees and finance charges and does not have the benefit of an interest-free (grace) period. Please consider the following when asking for a balance transfer: (a) To protect your rights, you should not transfer any amount that you dispute, (b) you should continue to make all payments due on the other accounts until you receive notice from them that they have been paid in full, (c) you are liable for any late payments, finance charges or disputed amounts on your other accounts, and (d) if you want your other accounts closed following a balance transfer, you are responsible for doing so.

 

CREDIT REPORTS: By applying for this account, you agree that FNBO may obtain credit reports for purposes of processing your application and for later purposes related to your account such as reviewing, updating and renewing it, increasing the credit line and collecting. If you request, you will be informed of whether or not a credit report was requested and of the name and address of the consumer reporting agency that furnished the report. You also authorize FNBO to verify your employment, income and other relevant information.

NOTICE TO CARDMEMBERS AND AUTHORIZED USERS: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

Married applicants may apply for separate accounts in their own names.

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.

NOTICE TO MARRIED WISCONSIN APPLICANTS: No provision of any marital property agreement, unilateral statement or court decree adversely affects our interests and/or rights unless, prior to the time the credit is granted or an open-end credit plan is entered into, we are furnished with a copy of the agreement, statement, or decree, or have actual knowledge of the adverse provision. Married Wisconsin residents applying for credit separately must furnish name and address of their spouse to FNBO at P.O. Box 3437, Omaha, NE 68172-9981.

CALIFORNIA RESIDENTS: The applicant, if married, may apply for a separate account. After credit approval, each applicant shall have the right to use this account to the extent of any credit limit set by the creditor and each applicant may be liable for all amounts of credit extended under this account to each joint applicant.

NEW YORK RESIDENTS may contact the New York State Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees and grace periods. New York State Department of Financial Services: 1-800-342-3736 and “www.dfs.ny.gov”.

ARBITRATION NOTICE: You understand that any Cardmember Agreement you receive will contain an arbitration provision that may substantially limit your rights in the event of a dispute, including your right to litigate in court or have a jury trial, discovery and appeal rights, and the right to participate in court or in arbitration as a representative or member of a class action. Please review the Cardmember Agreement and its arbitration provision carefully before you use or allow someone else to use an account.
The arbitration provision will not apply to you if, at the time your account is opened, you are a covered borrower under the Military Lending Act and U.S. Department of Defense regulations (32 C.F.R. pt. 232). For example, you would generally be a covered borrower if, at the time your account is opened, you are: (1) a member of the U.S. armed forces on active duty under a call or order not specifying a period of 30 days or less; (2) an active Guard or Reserve; or (3) a spouse or dependent of a person who qualifies under (1) or (2).

 

 

 

IMPORTANT REWARDS PROGRAM INFORMATION

BPME REWARDS VISA® PROGRAM TERMS AND CONDITIONS SUMMARY

 

Please read this Terms and Conditions Summary for important information about the BPme Rewards Visa® Program (the “Program”). First National Bank of Omaha, is referred to below as “we,” “us,” “our” and “FNBO®”. FNBO is the issuer of the Credit Card account(s) (“Account”) and the sponsor of the Program. The Program is dependent on the participation and cooperation of BP Products North America Inc. (referred to as “BP”). If you become an approved cardmember and you are not already a member of BP’s BPme Rewards program, we will share your name, email, and phone number with BP so BP can begin your enrollment in BPmeRewards. You will not become a member of BPme Rewards or start earning BPme bonus offers unless you set a password and complete your registration. BP is solely responsible for the rules and administration of BPme Rewards, which is governed by separate terms and conditions found at https://www.bp.com/en_us/united-states/home/terms-and-conditions.html#tab_bpme-and-bpme-rewards. BP’s privacy policy can be found at https://www.bp.com/en_us/united-states/home/privacy-statement.html.

Complete Program Terms and Conditions (including additional limitations and restrictions) will be provided to you if you become an approved cardmember.

EARN A DISCOUNT ON BP FUEL PURCHASES Earn an immediate $0.15 per gallon price reduction on BP Fuel Purchases posted to the Account on or after the Enrollment Date in the Program. 
EARN POINTS Earn 5 points (equal to 5% back) for each $1.00 of BP In-Store Purchases posted to the Account. NOTE: BP Fuel Purchases will not earn points.*
Earn 3 points (equal to 3% back) for each $1.00 of Grocery Purchases or Dining Purchases posted to the Account.
Earn 1 point (equal to 1% back) for each $1.00 of Net Purchases posted to the Account that is not from a BP In-Store Purchase, BP Fuel Purchase, Grocery Purchase, or Dining Purchase.
ANNUAL PROGRAM FEE There is no annual Program fee. However, please review the “Fees” Section in this Summary of Credit Terms for information on possible annual or monthly set-up and maintenance fees associated with the Account.
LIMIT ON POINTS EARNED There is no limit on the number of points that can be earned, but if we offer bonus points, we may limit the number of bonus points awarded for certain purchases and/or promotions.
POINT EXPIRATION Points are redeemed on a first-in, first-out basis and points will expire on or after the fifth anniversary of when they were awarded.
POINT FORFEITURE If the Account is closed for any reason, enrollment in the Program will be terminated and any accumulated points will be forfeited.
POINT REDEMPTION 

Points can be redeemed for (collectively, the “Rewards”):

  • Cash back (in 2,500 point increments equaling $25)
    •  as a statement credit to the Account,
    •  an ACH deposit to any checking or savings account (ABA routing number required), or
    •  as a check sent by mail
  • Gift cards/certificates
  • Merchandise
  • Travel (airline, hotel, and car rentals)
  • Other goods and services 
REDEMPTION REQUESTS Available 24/7 through online access or toll-free customer service during hours of operation; additional information about redemption will be provided if you become a cardmember

ENROLLMENT: To participate in the Program, the Account must be open. The “Enrollment Date” is the date the Account is opened or, if later, the date enrollment in the Program is completed. Program membership will be automatically renewed each year with the Terms and Conditions and the fees, if any, then in effect, until we are notified that the card is being cancelled or enrollment in the Program is terminated as otherwise permitted by these Terms and Conditions.

NET PURCHASES: “Net Purchases” are authorized, new purchases posted to the Account on or after the Enrollment Date, excluding refunds, credits (for returned merchandise or otherwise), and disputed billing items. Net Purchases do not include: (a) annual fees, finance charges, and other fees or charges posted by us to the Account; (b) cash advances (including, but not limited to, purchases of money orders or other cash equivalents) or special check transactions; (c) balance transfers; (d) charges for other products, services, or benefits that we provide; or (e) other transactions that we determine not to be eligible. “BP In-Store Purchases” are NetPurchases that are (a) in-store purchases (not of gasoline or diesel), including in-store purchases of car washes, or outside purchases of car washes made directly at the car wash teller or at the pump; (b) made at participating BP locations; and (c) posted to the Account on or after enrollment in the Program. “BP Fuel Purchases” are purchases of (a) gasoline or diesel only; (b) made at a participating BP location, and (c) paid for at the fuel pump or in-store using only the Account. The $0.15 per gallon price reduction on BP Fuel Purchases includes a $0.05 per gallon price reduction from BP in addition to a $0.10 price reduction from the Program. Discontinuing or failing to complete your BPme membership will not impact your ability to obtain the full $0.15 per gallon price reduction. *NOTE: BP Fuel Purchases using a mobile wallet (such as Apple Pay®) will not receive a price reduction, but instead will be treated as Net Purchases and earn 1 point per $1.00 spent, if payment system infrastructure is not in place to provide the price reduction instead of points.

 

“Grocery Purchases” are Net Purchases made at any merchant whose merchant category code (“MCC”) is classified by the payment card industry as “Grocery Stores and Supermarkets” (MCC 5411), “Freezer and Locker Meat Provisioners” (MCC 5422), “Candy, Nut, and Confectionary Store” (MCC 5441), “Dairy Products Stores” (MCC 5451), “Bakeries” (MCC 5462), “Misc. Food Stores, Convenience Stores and Specialty Markets” (MCC 5499), or “Package Stores – Beer, Wine, and Liquor” (MCC 5921). Merchants that sell grocery items may not necessarily have one of these MCCs.

“Dining Purchases” are Net Purchases made at any merchant whose merchant category code (“MCC”) is classified by the payment card industry as “Caterers” (MCC 5811), “Eating Places and Restaurants” (MCC 5812), “Drinking Places (Alcoholic Beverages) - Bars, Taverns, Cocktail Lounges, Nightclubs and Discotheques” (MCC 5813), "Fast Food Restaurants” (MCC 5814). The MCC is a four-digit code used by the payment card industry to classify a merchant’s primary business. Some merchants may have multiple MCCs (even within the same retail location) and some merchants might be expected to be classified into one of the MCCs identified above, but they may not be classified as such. This could affect whether purchases made from such merchants will qualify as Grocery Purchases, Dining Purchases, or other Net Purchases and, as a result, how many points will be earned on such transactions. We do not assign MCCs to merchants and we are not responsible for confirming or monitoring the MCC assignments made by the payment card networks. We reserve the right to determine, in our sole discretion, whether transactions qualify as BP In-Store Purchases, BP Fuel Purchases, Grocery Purchases, Dining Purchases, or Net Purchases, and our determinations shall be final.

POINTS: Points are not earned in the Program until they appear on the Account billing statement. Points may be deducted for awards based on purchases that are subsequently subject to a refund, credit, or dispute, which could result in a negative point balance. We reserve the right to retroactively correct errors made in point awards. Points will not be earned if the Account cannot be used for new purchases or participation in the Programhas been suspended. If a credit card is reported lost or stolen, we will temporarily suspend our awarding of points in the Program until a new card is issued. At our sole discretion, we may award additional bonus points in connection with certain purchases and/or promotions. Additional details and additional terms and conditions will be provided with such offers and are in addition to the Program Terms and Conditions unless otherwise specified therein. We reserve the right to determine which Net Purchases are eligible for bonus points.

REWARDS AND REDEMPTION: Point redemption may be subject to shipping, handling, or other fees. Redemption requests are subject to point balance verification. Upon verification of the point balance, if the Account does not have enough points to redeem for a particular Reward, the Reward may still be obtained by redeeming at least 1,000 points toward the Reward and then paying the balance owed for the Reward with a credit card. If a credit card is reported lost or stolen, the ability to redeem points will be temporarily suspended until a new card is issued.

CASH BACK: Only points can be used to redeem for cash back, not a combination of points and a credit card. Cash back is redeemable in denominations of $25, $50, $100, $250, and $1,000. Cash back in the form of a statement credit will be applied as a credit to the Account. While cash back in the form of a statement credit will be applied as a credit to the Account, the regular monthly minimum payments shown on the Account billing statements must still be made.

We are not responsible for replacing lost, stolen, or destroyed checks. Checks that have not been cashed and cleared within 120 days after the issue date will become void and the money received as a Reward will be credited to the Account as a statement credit.

For all checking and savings account ACH deposit cash back redemptions, the correct account number must be provided in the redemption form in order for the amount requested to be deposited accordingly. If an ACH deposit is rejected, the redemption will be reversed and the points will be added back to the rewards balance associated with the Account.

We may change or terminate the Program in our discretion at any time with or without prior notice to you except where required by law.

Apple Pay is a registered trademark of Apple Inc. Visa and Visa Signature are registered trademarks of Visa International Service Association and used under license.

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.

 

In the event that you change or deactivate your mobile number it is your responsibility to notify BP to have your number removed. The Wireless carriers are not liable for delayed or undelivered messages.

 

Additionally, BP reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program.  We will notify you via text if we change the frequency and provide you with the opportunity to opt out.

 

View our privacy policy online.

 

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

(Effective as of May 2022)

 

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. Visit bp.com/en_us/united-states/home/products-and-services/bpme-rewards.html for a full description of the BPme Rewards Program, including possible Rewards. 
  
As part of the BPme Rewards Program, you may register or link valid debit cards, credit cards, Apple Pay, and/or other permitted payment cards or credentials, excluding gift cards (each, a “Payment Card”) into the BPme App.

 

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) or visit www.bp.com/bpme-rewards-registration to register without the app; (ii) 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. When you register through the BPme app, you may also provision a valid credit card in the app, 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. 
 
BP Visa or BP Credit Card holders converted from SYF to FNBO will have the opportunity to complete their BPme Rewards Registration, (if not already a BPme member) as part of setting up their online banking account with FNBO.  
 
For new  BPme Rewards Visa Credit Card Accounts, upon completing and agreeing to the terms of the BPme Rewards Visa card application, if approved, cardholder will have opportunity to set their BPme password and thus complete their BPme registration. 
  
Select bp and Amoco locations may offer the ability to provide your phone number at the fuel dispenser or inside on the pinpad to join BPme Rewards. Providing your phone number allows recurring messages from the bp shortcode 38831, you may text STOP to stop receiving messages. Auto marketing messages may be sent to the number used at opt in. Consent is not condition of purchase. Message and data rates may apply, mobile carriers are not liable for delayed or undelivered messages. The messages will include a link to download the BPme app where you can complete your BPme Rewards registration. Within this text message you may receive a one-time use promotional code that can be entered during your registration. This code must be entered in the Promo Code field on the registration page to be accepted. Once registration is completed with this promotional code, a bonus reward will be applied to the new BPme Rewards account. This bonus reward will be automatically applied to the next fuel purchase according to the terms in Section 4. For questions or issues regarding this process, please contact consumer support at 1-800-333-3991.  BPme Rewards Visa cardholders will not become a member of BPme Rewards or start earning bonus offers unless you set a password and complete your registration but this will not affect them receiving the $0.15 BPme Rewards Visa Credit Card reward.

 

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. BPme members who register through Uberwill not need to spend or maintain minimum of one hundred dollars ($100) to earn rewards.  BPme Rewards Visa cardholders will not need to spend or maintain minimum of one hundred dollars ($100) to earn rewards when using their BPme Rewards Visa and will receive the $05 off per gallon as part of the BPme Rewards Visa offer of $0.15 cents per gallon. Due to technical limitations, for BPme Rewards Visa purchases made at bp with Apple Pay, Google Pay or Samsung Pay, cardholders will receive 1% cash back on bp fuel purchases, and 5% cash back on non-fuel bp purchases. They will not receive 15cpg reward at the pump, subject to BPme Rewards Visa T&C’s here https://www.bp.com/en_us/united-states/home/terms-and-conditions.html#tab_credit-cards


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

Payment: When creating your user account for the BPme app, you will be given an opportunity to input information for one or more of your credit cards into the BPme app. You may select to link one or more of these stored credit cards to your BPme app user account. Upon making this selection, transactions made using the BPme app at participating BP and Amoco service stations will be charged to your designated credit card, as applicable. Activation of this feature on the BPme app constitutes your authorization of all purchases made from your mobile device using the BPme app. 
  
The BPme app will not accept all credit cards. In addition, BP reserves the right to change, from time to time, the credit cards which may be linked to your account through the BPme app. BP further reserves the right to disable any credit cards already linked to your account at any time and for any reason. 
  
Authority: When you provide a payment credential to us, you authorize BPme app to collect and store that payment credential, along with other related transaction information. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the payment credential you designate for the transaction. 
  
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.  
  
Please note that if you use an Apple Pay wallet that is provisioned with a BPme Rewards Visa credit card, you will not receive a cent per gallon reward at the pump. Instead, you will receive 1% Cash Back Rewards on those fuel purchases. If you wish to receive a cent per gallon reward at the pump when using a BPme Rewards Visa, you must provision your BPme Rewards Visa directly to your BPme account and use that to pay instead of Apple Pay.

 

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. BPme Rewards Visa Card Holders

Should you add a valid  BPme Rewards Visa, to your BPme mobile wallet, applicable purchases made on the  BPme Rewards Visa shall qualify for both Rewards and any other reward programs available through the  BPme Rewards Visa which such purchases may apply, subject to all applicable  BPme Rewards Visa reward program terms and conditions which may be found at https://www.bp.com/en_us/united-states/home/terms-and-conditions.html#tab_credit-cards Limit: one (1)  BPme Rewards Visa per BPme mobile wallet account. 

 

9. Phone Number (Alternate ID, ALT ID)

Should you choose not to use the BPme app for registration or to pay your fuel transactions, you can use your phone number at either the pump or inside at the register to participate in BPme Rewards. The mobile phone number that was used to validate the registration of your BPme Rewards account will be the phone number tied to your account. Before paying for fuel, enter that phone number either at the pump or inside at the register to participate in BPme Rewards. Any available active rewards will be automatically redeemed, and the fuel purchased will count toward the monthly one hundred dollars ($100) fuel spend threshold. If you choose to use your BPme Rewards phone number, your reward will NOT stack with any other reward offers. If you use your BPme Rewards phone number, and it is the same number associated to your Roundy’s, Harris Teeter, or Mariano’s account, you will ONLY be able to use the grocer rewards, you will not be able to use BPme Rewards. If you use your BPme Rewards phone number and then pay with a  BPme Rewards Visa, you will ONLY receive the discounts available through BPme Rewards, you will not receive any discounts associated to your  BPme Rewards Visa. To get the  BPme Rewards Visa discounts, you must swipe that payment card alone (without using a phone number first), or add it and link it to your BPme Rewards account within the BPme app to gain access to BOTH the BPme Reward and  BPme Rewards Visa fuel discounts. 

 

10. 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. 

 

11. 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. 

 

12. Right to Change/Modify/Cancel

BP may cancel, modify, restrict, waive or terminate any of the BPme Rewards Program Terms, including but not limited to the rules for earning and redeeming Rewards and the expiration policy for Rewards, at any time, with or without prior notice, even though these changes may affect your ability to use any Rewards you have already earned. Your continued participation in the BPme Rewards Program constitutes your acceptance of any changes to the terms and conditions of the BPme Rewards Program. You are responsible for remaining knowledgeable of any changes that BP makes to the BPme Rewards Program and the BPme Rewards Program Terms. The most current version of these BPme Rewards Program Terms will be available on the website bp.com/en_us/united-states/home/terms-and-conditions.html and will supersede all previous versions of these BPme Rewards Program Terms. 

 

13. 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. 

 

14. 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. 

 

15. 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. 

 

16. Account Information

To review your Rewards accumulation, redemption and expiration status, please log in to your account on the BPme app or at www.bp.com/bpme-rewards-registration 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,  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, engagement or interaction with the BPme chatbot 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 Policy located at bp.com/en_us/united-states/home/privacy-statement.html, 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/en_us/united-states/home/terms-and-conditions.html. 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. 
  7. Fuel prices are displayed on the entrance to the site and at all of our pumps. When using BPme to purchase fuel, you will always be charged the stated credit card price. To receive any exception prices (debit card pricing or discounts for specific credit card brands) that are locally offered by select stations, you can use your linked payment card to receive special pricing and qualify for BPme Rewards. 
     

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

You acknowledge and agree that BP and/or its licensors, affiliates, partners, agents, and successors own all legal right, title and interest in and to the BPme Rewards Program, BPme App and the Service, and any software provided to you as a part of or in connection therewith, including any and all intellectual property rights that exist therein. You acknowledge that all use of BPme App is subject to the terms and conditions of the BPme End User License Agreement accepted by you upon download of the BPme App to your device, which is incorporated herein by this reference. 

 

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 AND CLASS ACTION 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 jury trial waiver and class action waiver) 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 30 S. Wacker Drive, Ste. 900, Chicago, IL 60606. 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 30 S. Wacker Drive, Ste. 900, Chicago, IL 60606. 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 and Class Action 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. 

 

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BPme Rewards Price Match Terms and Conditions

 

1. Introduction

These Terms and Conditions, including the BPme Price Match Terms and Conditions, BP’s Privacy Policy, the BPme Rewards Program and Mobile Application Terms & Conditions (the “BPme App Terms”), any other terms incorporated herein by reference (collectively, “BPme Rewards Price Match 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 Price Match offering (“Price Match”). In these BPme Price Match Terms, “you” or “your” means you and any persons that you authorize to use the BPme Rewards Program, BPme App, Price Match, or your account.

 

Price Match is a rewards program operated by BP which lets registered users, in exchange for paying a monthly fee, sign up to have their fuel transactions at BP and Amoco-branded stations compared to select nearby fuel stations’ posted credit prices of the same fuel grade, and some or all of the difference in price (should the BP or Amoco-branded station’s posted credit price be higher) awarded in Cents Per Gallon (CPG) savings for the user on his or her next fuel transaction at a BP or Amoco-branded station, up to a maximum of 5 CPG.

 

Please read these BPme Rewards Price Match Terms carefully, because they affect your legal rights, including an agreement to resolve any disputes that may arise between you and BP through arbitration on an individual basis instead of by class actions or jury trials. By accessing or participating voluntarily in the Price Match offering, you agree to be bound by these BPme Rewards Price Match Terms. Your right to participate in the BPme Rewards Price Match Program is conditioned upon your acceptance and compliance with these BPme Price Match Terms. If you do not agree to be bound by these BPme Price Match Terms, you are not authorized to participate in the BPme Price Match Rewards Program. 

 

Please also read the BPme App Terms carefully. By participating in the BPme Rewards Price Match Program, you are also agreeing to be bound by the BPme App Terms, which can be located here. Your right to participate in the BPme Rewards Price Match Program is conditioned upon your acceptance and compliance with the BP App Terms. If you do not agree to be bound by the BP App Terms, you are not authorized to participate in the BPme Price Match Rewards Program.  To the extent there is any disagreement or discrepancy between the BPme App Term and these BPme Rewards Price Match Terms, these BPme Rewards Price Match Terms shall control.

 

NOTE: THESE BPme PRICE MATCH TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES WITH BP. PLEASE READ IT CAREFULLY. IT IS CONTAINED IN SECTION 25 BELOW. If you have questions regarding the BPme Rewards Price Match Program please call 1-800-333-3991.

 

2. Subscribing to Price Match

To be eligible to subscribe to Price Match, you must be a registered BPme Rewards member. See Section 2 of the BPme App Terms for eligibility criteria.  BP may change the Price Match eligibility requirements at any time, with or without notice, and reserves the right to refuse subscription to Price Match to any applicant for any reason, in its sole discretion.

 

To subscribe to Price Match, you must (i) first sign in to the BPme Mobile App using your existing BPme credentials; (ii) provide your first and last name, a valid payment card; and (iii) accept these BPme Rewards Price Match Terms. The BPme App permits you to register valid qualifying ATM, debit, credit, 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 participating BP and Amoco-branded stations. You represent that all information you provide while subscribing and throughout your participation in Price Match is true and accurate, and you agree to update such information, as necessary to maintain its truth and accuracy.  When you provide a payment credential to us, you authorize BPme app to collect and store that payment credential, along with other related transaction information.  You also acknowledge and agree that the BPme Rewards Price Match Program is available only at participating BP and Amoco-branded stations within the United States (“Participating BP Locations”). BP reserves the right to approve, deny, or revoke your enrollment in the BPme Price Match Rewards Program at any time for any reason, in its sole discretion. 

 

3. Monthly Subscription Fee

Upon enrolling in Price Match, you will not be charged $0.99 until the first day of the following month.  You will then be charged $0.99 on the first of every month, and this payment will allow you to participate in Price Match for the entire month. Your Price Match subscription will automatically renew at the beginning of each month thereafter unless you choose to cancel your subscription. You can cancel at any time by going to the “Manage Plan” button on your BPme Mobile App. From that page you can chose to cancel your subscription.  If you cancel at any point during a month in which you have already paid your $0.99 subscription fee, you will continue to be able to participate in Price Match until the end of that month.  You will not be charged on the first day of the following month after you cancel. If you cancel your subscription and then re-subscribe, you will be charged your $0.99 subscription fee on the day that you re-subscribe, and that calendar day of the month will become your billing date for the months moving forward. If you re-subscribe you will not be eligible for another free trial month. If you cancel your subscription and re-subscribe at a later date, YOU WILL IMMEDIATELY BE SUBJECT TO THE RECURRING BILLING REQURIEMENTS OUTLINED IN SECTION 4 BELOW. 

 

*****4. Recurring Billing and Cancellation*****

*****4.1. Recurring Billing. By enrolling in Price Match, you authorize BP to charge your Payment Card $0.99 on a recurring monthly basis beginning on the day you start your subscription and every thirty (30) days thereafter (the “Billing Cycle”) until you cancel or BP suspends, ends, or otherwise terminates your access to Price Match, which it may do at any time. You will receive a confirmatory email sent to the email address listed on your Price Match account after each monthly charge on your Payment Card. You hereby accept responsibility for all charges and/or recurring charges made to your Payment Card by us for Price Match prior to cancellation or termination. Unless you cancel, Price Match will be automatically extended for successive monthly periods at the then-current subscription rate. If you cancel Price Match, you may use your Price Match benefits until the end of the applicable Billing Cycle and your Price Match will not be renewed after that Billing Cycle ends. Your non-termination and/or continued use of Price Match reaffirms that BP is authorized to charge your Payment Card on the recurring basis to which you agreed at enrollment. BP may submit those charges for payment, and you will be responsible for such charges. BP WILL CONTINUE TO CHARGE YOUR PAYMENT CARD $0.99 PER MONTH (OR MORE IF THE SUBSCRIPTION PRICE IS INCREASED AS DESCRIBED HEREIN) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL PRICE MATCH OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD OR PAYMENT CARD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE BP REASONABLY COULD ACT.

 

4.2. Changes or Cancellation. To change or cancel Price Match at any time, tap the “Manage Plan” button in the BPme App. From that page, you can choose to cancel your subscription. To avoid being charged for another month, your cancellation request must be submitted before the start of the next Billing Cycle. If you cancel Price Match, you may use your Price Match benefits until the end of the Billing Cycle and your Price Match subscription will not be renewed once that Billing Cycle ends. Under no circumstances will you be entitled to a prorated refund of any unused portion of the monthly subscription fee. 

 

4.3 Change in Amount Authorized. If the amount to be charged to your Payment Card varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), BP will provide notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction and a method by which you can cancel your subscription if you choose. Any agreement you have with the issuer of your Payment Card will govern your use of your Payment Card as a payment mechanism.

 

*****4.4 Consent to Continuous Service. By clicking “I Agree” at the end of these terms and conditions, you consent to allow BP to charge your Payment Card $0.99 (or more if the Subscription Price is increased as described herein) on a recurring monthly basis beginning on the day you start your subscription and every thirty (30) days thereafter (the “Billing Cycle”) until you cancel or bp suspends, ends, or otherwise terminates your access Price Match, which it may do at any time. You further consent that in order to cancel Price Match you must tap the “Manage Plan” button in the BPme App and choose to cancel your Price Match Subscription.*****

 

5. Transactions that are Eligible to be Price Matched

Price Match will compare all non-diesel fuel purchases you make at participating BP and Amoco-branded stations in accordance with the conditions outlined in Section 6 of these BPme Price Match Terms, provided you make such fuel purchase either through (i) a valid payment card provisioned in the BPme mobile wallet, (ii) a valid linked payment card at the pump or inside the store, or (iii) any other method expressly permitted by BP; AND (iv) the purchase is for at least 8 gallons of fuel.

 

6. Price Match Comparison

The Price Match Comparison will follow the below rules to determine if you will receive a CPG reward on your next fuel transaction at a participating BP or Amoco-branded station.

 

Eligible Gas Stations – BP will compare the posted credit prices against all nearby fuel stations. BP reserves the right to add or remove stations from this list that it will compare prices against at any time. 

 

Radius – BP will compare the posted credit prices of fuel stations within a 2 mile radius of the BP or Amoco-branded station where you purchased your fuel. If there are no eligible fuel stations within this (2) two mile radius, Price Match will be unavailable.

 

Maximum CPG – The maximum amount of CPG that can be awarded for a price match comparison is up to 5 cents per gallon.  If the posted credit price at which you bought fuel at a BP or Amoco-branded station is more than 5 cents per gallon lower than the posted credit price of an eligible fuel station, you will only receive an award of 5 CPG.

 

Fuel Grades Comparison– All grades of fuel are compared against the same grade of fuel. Regular fuel grade price at BP or Amoco-branded stations will be compared against the Regular fuel grade price of eligible fuel stations.  Mid-Grade fuel grade price at BP or Amoco-branded stations will be compared against the Mid-Grade fuel grade price of eligible fuel stations. Premium fuel grade price at BP/Amoco-branded stations will be compared against the Premium fuel grade price of eligible fuel stations.  Diesel is not part of the Price Match offering.

 

Credit versus Cash Pricing and Other Special Pricing Promotions – BP will always compare the full, posted credit pricing for the applicable fuel grade at BP or Amoco-branded locations against the full, posted credit pricing for the same fuel grade at eligible fuel stations, never the “cash” or “debit” pricing.  Similarly, promotional or discounted prices of fuel at eligible fuel stations or at BP or Amoco-branded stations are not eligible for Price Match.  

 

When participating in Price Match, the BPme Rewards Program, and/or the BPme App to purchase fuel, you will always be charged the applicable BP or Amoco-branded station’s full posted credit card price. To receive any exception prices (cash or debit card pricing or special pricing for specific credit card brands) that are locally offered by select stations, you must conduct the transaction outside of the BPme Rewards Program (which includes Price Match), and your transaction will not be eligible for Price Match.

 

Source of Price Data for Nearby Fuel Stations – BP has partnered with GasBuddy® to provide the pricing data used in Price Match. BP will use GasBuddy® pricing data at eligible fuel stations (excluding manually entered prices) to compare to BP or Amoco-branded stations’ prices and determine whether you will receive a CPG reward for your next fuel transaction at a BP or Amoco-branded station. BP cannot guarantee GasBuddy® will always provide the most up to date CPG comparisons.  If you believe that a mistake was made and you did not receive a Price Match, you can contact us at 1-800-333-3991 so we can investigate and attempt to correct any mistake if necessary.

 

7. Using a Price Match CPG Reward on your next fuel transaction

If your purchase at a BP or Amoco-branded station is eligible for a Price Match award, within 24 hours of your fuel transaction, BP notify you via email.  All active Price Match rewards (and any other BPme Rewards you have earned) will be automatically applied to the entirety of the next fuel purchase you make at a participating BP or Amoco-branded station, provided you make such fuel purchase either through (i) a valid payment card provisioned in the BPme mobile wallet, (ii) a valid linked payment card at the pump or inside the store, or (iii) any other method expressly permitted by BP. There is no minimum gallon purchase requirement for Price Match Rewards to be applied to your fuel purchase.

 

8. Other Price Match Restrictions

BP reserves the right to approve, deny, or revoke participation in Price Match to any individual for any reason whatsoever on an immediate basis and without prior notice. If BP determines that you have registered more than one (1) BPme account or subscribed more the one (1) BPme Rewards Price Match Program to your name/business, BP reserves the right to terminate these accounts without further notice. You will not receive Price Match Rewards for any purchases excluded by law; the value of any coupons or promotions outside of the BPme Rewards Price Match Program; purchases that a particular BP or Amoco-branded location rule ineligible for the BPme Rewards Price Match Program; or taxes on purchases.

 

9. Use of Data

By participating in and/or using Price Match, 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 Price Match use of such information, including, without limitation, for marketing purposes, shall be subject to BP’s Privacy Policy, which may be updated from time to time, in BP’s sole discretion. You authorize BP to monitor your Price Match account activity. BP has 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 BP Price Match, and you agree to cooperate with any such action or investigation. If you are engaged in any improper activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages.

 

For further information on the personal information BP collects, its purpose for using such information and any rights you have as a consumer regarding this information, please see BP’s Privacy Policy, here

 

10. Safeguarding Devices, Usernames, and Passwords

You agree that you will exercise reasonable care in safeguarding any device on which you use Price Match and/or 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 or if you become aware of any other breach of security relating to Price Match. 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 BPme Price Match 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.

 

11. Driver Safety

You agree that your use of the BPme App and/or Price Match is at your own risk and that you will not use the BPme App and/or Price Match 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/or Price Match and (ii) by your wireless carrier.

 

12. Electronic Communications

Except as otherwise required by law, you acknowledge and agree that we may provide any notice permitted or required under these BPme Price Match Terms via mail, email, posting on our BPme app SMS,  in-app or push notification, or any other reasonable means. By using the BPme App and/or Price Match, you acknowledge and agree that we may communicate with you regarding Price Match 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.

 

13. Wireless Carrier Charges and Fees

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, Price Match, or any other services provided through the BPme App.

 

14. Additional Obligations

BP is not responsible for any tax liability related to Price Match or any Rewards. Any disputes concerning Price Match will not affect your payment obligations for your fuel purchases. BP is not responsible for any disputes among you or any of your authorized users relating to the BPme Rewards Program, the BPme App, or Price Match. 

 

15. Linked Third-Party Rewards and Promotional Offers

You understand that BP may include services, materials, or goods advertised, promoted, sold, or otherwise made available through a third party in Price Match or the BPme App 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 are between you and the third party advertiser, and you agree that BP is not liable for any loss or claim that you may have against such advertiser. If BP provides links or pointers to other third party websites or destinations, you acknowledge and agree that BP does not operate, control, or have any other connection with these other websites or destinations. Please be careful to read the terms of use and privacy policy of any other website or destination before using such website or destination and prior to you providing any confidential information or engaging in any transactions. You should not rely on these BPme Price Match Terms to govern your use of another website or destination.

 

16. Changes to Services

BP may suspend or terminate your rights in and to the BPme Rewards, Price Match, 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 Price Match, 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 Price Match, to prevent or discontinue unauthorized use of Price Match, or a service thereof; to comply with a platform provider or governmental or regulatory authority request; or to comply with a statute 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 Price Match and to create limits on the use of Price Match, including, without limitation, additional registration or verification requirements or geographic restrictions, at any time and without notice.

 

17. Right to Change/Modify/Cancel

BP may, with or without notice, cancel, modify, restrict, waive or terminate in its sole discretion any of the BPme Rewards Price Match Terms, including but not limited to the rules for earning Rewards from Price Match, at any time, with or without prior notice, even though these changes may affect your ability to use any CPG Rewards you have already earned. Your continued participation in Price Match constitutes your acceptance of any changes to the BPme Rewards Price Match Terms. You are responsible for remaining knowledgeable of any changes that BP makes to Price Match and the BPme Rewards Price Match Terms. The most current version of these BPme Rewards Price Match Terms will be available here and will supersede all previous versions of these BPme Price Match Terms. 

 

18. Termination

Price Match has no predetermined termination date and may continue until such time as BP decides to terminate it. BP may terminate Price Match and/or these BPme Price Match Terms for convenience at any time. BP will provide notice of termination via the email address you supplied at the time of registration. Upon termination of these BPme Price Match Terms for any reason whatsoever, your ability to earn CPG Rewards from Price Match terminates immediately. For more information about how you can cancel your Price Match subscription, see Section 4 of these terms. 

 

These BPme Price Match Terms shall continue in full force and effect until terminated. BP may terminate these BPme Price Match Terms for convenience at any time upon notice to you. Notwithstanding the foregoing, with respect to you, these BPme Price Match Terms shall terminate without any further action needing to be taken by BP upon any breach by you of these BPme Price Match Terms. Upon the termination of these BPme Price Match 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 BPme Price Match. For the avoidance of doubt, notwithstanding any termination of these BPme Price Match Terms, you remain liable for all use of Price Match or the BPme App through any device you own or control, including any transactions initiated through such use.

 

The terms set forth in the following paragraphs of these BPme Price Match Terms shall survive the termination for any reasons: “INTELLECTUAL PROPERTY”; “INDEMNIFICATION”; “DISCLAIMER OF WARRANTIES”; “LIMITATION OF LIABILITY”; “CHOICE OF LAW”, “DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS ACTION WAIVER” and “ENTIRE AGREEMENT.”

 

19. Intellectual Property

You acknowledge and agree that BP and/or its licensors, affiliates, partners, agents, and successors own all legal right, title, and interest in and to the BPme Rewards, Price Match, and the BPme App, 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.

 

20. Program Responsibility

These BPme Rewards Price Match Terms set forth all the terms of Price Match. BP has no other obligations with respect to Price Match beyond those in these BPme Rewards Price Match Terms. BP makes no guarantees, warranties or representations of any kind concerning Price Match. 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.

 

21. Feedback

Should you send any submissions, suggestions, ideas, or feedback, whether related to Price Match, the BPme App, or otherwise (“Feedback”), you acknowledge and agree that any Feedback is given voluntarily, and that BP is free to use, disclose, reproduce, license, or otherwise distribute, and exploit Feedback provided to it as it sees fit, without obligation or restriction of any kind, and no consideration or acknowledgement of any sort will be provided to you. Further, you hereby irrevocably and forever release and waive any claim against BP and its affiliates regarding the use of any Feedback for any purpose.

 

22. Program Void

Price Match and any Rewards earned are void where prohibited by federal, state, or local law or regulations. 

 

23. Indemnification; Disclaimer; Limitation of Liability

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, Price Match, or any other service provided in the BPme App;
  2. any breach or non-compliance by you of any of these BPme Price Match 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 PRICE MATCH 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 PRICE MATCH WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF PRICE MATCH WILL BE UNINTERRUPTED.  YOUR USE OF THE BPME REWARDS PROGRAM, BPME APP, AND PRICE MATCH AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE BPME APP OR PRICE MATCH 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, PROVIDERS, FRANCHISEES, OR ANY OF EACH OF THEIR AFFILIATES AND SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE BPME REWARDS PROGRAM, BPME APP, OR PRICE MATCH, 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 PRICE MATCH, 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 PRICE MATCH.

 

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.

 

24. Choice of Law

These BPme Price Match 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 BPme Price Match 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.

 

25. 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 BPme PRICE MATCH TERMS.

 

YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER AND CLASS ACTION WAIVER) WITHIN THIRTY (30) DAYS OF ACCEPTANCE OF THESE BPme PRICE MATCH TERMS, IF YOU FOLLOW THE PROCEDURES SET FORTH IN THIS SECTION 25. 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 BPme Price Match Terms, the BPme Rewards Program, BPme App, or Price Match. 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 and class action waiver contained below) by notifying BP in writing of that intent within thirty (30) days after acceptance of these BPme Price Match Terms by sending a letter stating that you are opting out of this dispute resolution provision to BP via U.S. mail to 30 S. Wacker Drive, Ste. 900, Chicago, IL 60606. 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 and/or Mass Action Waiver: You and BP agree that all claims or disputes between you and BP will be arbitrated (or litigated if you have opted out of arbitration) individually, and that there will be no class, mass, representative, or consolidated actions. If you or BP brings a claim in small claims court, this waiver will apply, and neither of us can bring a claim on a class, mass, or representative basis. Furthermore, neither you nor BP may participate in a class, mass, or representative action as a class member if the action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or BP. Both parties agree that this class action waiver is an essential part of these BPme Price Match Terms. 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 25 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 BPme Price Match 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 BPme Price Match 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 BPme Price Match 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 30 S. Wacker Drive, Ste. 900, Chicago, IL 60606. 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 BPme Price Match Terms or applicable law. BP will not seek to recover its fees and costs from you in the arbitration, even if allowed under the law, unless your claim has been determined to be frivolous. If you are successful in the arbitration, BP will pay your reasonable attorneys’ fees and costs. The arbitration will be held in a mutually convenient location, but must be held in a city with a population of at least 300,000 people at the time of arbitration. 

 

Jury Trial Waiver: If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and BP expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a judge rather than a jury will decide disputes between you and BP if, for any reason, the arbitration agreement is not enforced.

 

Survival: This Section 25 survives the termination of these BPme Price Match Terms. If you bring a claim against BP after termination these BPme Price Match 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 any Payment Card issuer will continue to apply to your use of any such Payment Card through BPme Rewards Program, the BPme App, and/or Price Match. 

 

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, including through the BPme App. For customers who have an eligible credit card issued by Synchrony Bank, the Mobile Wallet Terms of Use for Synchrony Bank Customers apply.

 

26. Assignment

You may not sell, assign or transfer any Service or other benefit you receive, any other aspect of your BPme Rewards Program, Price Match, or BPme App account, or any of your rights or obligations under these BPme Price Match Terms, whether by operation of law or otherwise. BP may sell, transfer, or assign Price Match, these BPme Price Match Terms, or your BPme Rewards Program or BPme App account, in whole or in part, at any time, without notice to you. If BP makes such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and BP will be released from any responsibilities or obligations.

 

27. Entire Agreement and Statement of Non-Reliance

These BPme Price Match 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. You expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation or warranty by BP that is not expressly stated in these BPme Price Match Terms.

 

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