Terms and Conditions
7-Eleven.ca (http://www.7-Eleven.ca/) and Slurpee.ca (http://www.slurpee.ca/)
1. ACCEPTANCE OF CONTRACT TERMS
The following are terms of a legal agreement between you and 7-Eleven. By downloading or using an App or by accessing, browsing and/or using the Sites, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use the Sites or any App.
The material provided on the Sites is protected by law, including, but not limited to United States and Canadian Copyright and Trademark laws, and international treaties. The Sites are controlled and operated by 7-Eleven from its offices within the United States or Canada. 7-Eleven makes no representation that materials in the Sites or any App are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. See below for further copyright and trademark information.
Any software available from the Sites is subject to the export controls of the United States of America and may not be downloaded or otherwise exported or re-exported into any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or to any person or entity subject to such restrictions by the U.S. government.
2. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
2.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Apps and the Sites belong to 7-Eleven or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Sites and Apps are proprietary information or proprietary marks of 7-Eleven or the original creator of the material. The compilation of all content, including the look and feel of the Apps and Sites, is the exclusive property of 7-Eleven and is protected by U.S. or Canadian copyright law, as applicable. Except as may be expressly provided herein, nothing contained in this Terms and Conditions of Use or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to any of the materials on the Apps or the Sites.
2.2 You are hereby granted a personal, non-exclusive, non-transferable limited license to: (i) use the Apps on your mobile device for your personal non-commercial use only; and (ii) view the Sites, and to print insignificant portions of materials retrieved from the Sites provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Apps or the Sites. Further, you may not reproduce any part of the Apps or the Sites.
2.3 You also may not, without the permission of 7-Eleven, Inc. “mirror” any material contained on the Sites on any other server. Any unauthorized use of any material contained on the Sites or Apps may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and will terminate the license granted herein.
2.4 All submissions, suggestions, ideas, artwork, or other information (the “Submission”) communicated to 7-Eleven through the Sites or Apps become the property of 7-Eleven. 7-Eleven is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future 7-Eleven endeavors.
7-Eleven will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe.
You acknowledge that you are responsible for whatever material you submit, and that you, not 7-Eleven, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright. 7-Eleven reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content. 7-Eleven has the right but not the obligation to monitor and edit or remove any activity or content. 7-Eleven takes no responsibility and assumes no liability for any content posted by you or any third party.
2.5 The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Sites or Apps are registered and unregistered Trademarks of 7-Eleven and others. Nothing on the Sites or any App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites or Apps, without the written permission of the Trademark owner.
7-Eleven aggressively enforces its intellectual property rights to the fullest extent of the law. The name of 7-Eleven, Inc., Slurpee or the 7-Eleven logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Sites or any App, without prior, written permission. 7-Eleven prohibits use of the 7-Eleven logo as a “hot” link to any site, including 7-Eleven sites, unless establishment of such a link is approved in advance by 7-Eleven in writing.
A partial list of U.S. Trademarks owned by 7-Eleven follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of 7-Eleven should be referred to 7-Eleven. 7-Eleven®, 7-Eleven Logo®, 7-Eleven Bakery Stix®, 7-Eleven Café CoolerTM, 7-Eleven Convenience Card®, 7-Eleven Speak Out®, 7-Eleven Go-Go Taquitos & Design®, 7-Eleven Travel Brew®, 7-Eleven & Tri-Color Stripe Design®, 7-Eleven Value+®, 7-Eleven Weekend Rewards®, 7-Eleven Früt CoolerTM, 1/4 Pound Big Bite®, 1/4 lb. Burger Big Bite®, A Good ID Is a Good Idea®, Bacon Cheeseburger Big Bite®, Become An E-Shopper®, Big Bite®, Big Brew®, Big Gulp®, Big Eats Bakery®, Big Eats Deli®, Big `Un®, Biggest Big BiteTM, BrainFreeze®, Breakfast Bite®, Café 7-Eleven®, Café Select®, Candy Gulp®, Casa Buena®, Car Gulp®, Come of Age®, Connections From 7-Eleven®, The Coolest Thing on EarthTM, Dashboard Diner®, Dashboard DiningTM, Deli Central Warm-UpsTM, Deli Shoppe®, Design-Bracket®, Dine On The Dash But Stash Your Trash®, Dining Easy®, Double Gulp®, El TacoTM, Everyday Convenience for People on The Go®, Freeze Your Beans®, Frostilla Vanilla®, Garden Gulp®, Gummi Gulp®, Gulp®, Gulpster®, Heaven Sent®, ID Zone & Design®, I.Gear/7-Eleven & Design®, Igear Specs®, Jalapeno Cheeseburger Big Bite®, Miscellaneous Stipes Design®, Miscellaneous Swirl Design®, Morning Perks®, Nutri-Heaven®, Oh Bank HeavenTM, Oh Thank Heaven®, Oh Thank Heaven for 7-Eleven®, Operation Chill®, People Who Read Achieve®, Quality Classic Selection®, Santiago Cerveza De Oro®, Seed-Spittin’ Watermelon®, Slurp & Gulp®, Slurpee Infused Gum®, Slurp®, Slurpee®, Slurpee Ice®, Slurpee Splitz-O®, Slurpee Strata®, Slurpee Sours®, Smackin’ Sour Apple®, Splitz-O Cup Design®, Smokie Big Bite®, Snappix®, Spicy Bite®, Sport Gulp®, Strata-Fy®, Super-7®, Super Big Bite®, Super Big Gulp®, Super Big Gulp Plus®, Super Big SubTM, Super Slurpee®, Super Slurpee Strata®, Take It & Shake It®, The PitaTM, The Ultimate Cool®, Triple Splitz-O Cup Design®, Triple Splitz-O®, Truck Stopper®, Turkey Big Bit®, Vcom®, Value+®, World Ovens®, X-Treme Gulp 7-Eleven & Design®, You Are What You GulpTM
3. LINKS TO THIRD PARTY SITES
4. EFFECTIVE DATE, MODIFICATION; CHANGES TO SITE
These terms are effective and were last updated on December 7, 2013. At any time, 7-Eleven may revise the terms of the Site. Revisions are effective and binding when posted on the Site. Any continued use of the Site following any revision means you agree to the revisions. 7-Eleven expressly reserves the right to terminate or discontinue the Sites at any time and for any reason, with or without notice to you.
5. DISCLAIMERS; LIMITATION OF LIABILITY
5.1 7-Eleven disclaims any and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions on or from either Site or the Apps, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in either Site or the Apps, including but not limited to any errors in or omissions contained therein, (c) the unavailability of either Site or the Apps or any portion thereof, (d) your use of either Site or the Apps, or (e) your use of any equipment or software in connection with either Site or the Apps.
5.2 Any dealings with any third parties (including advertisers and/or sponsors) appearing on either Site or the Apps, participation in any promotions or offerings (including delivery of and payment for goods and services) and any other terms, conditions, warranties or representations associated with such activities are solely between you and the advertiser or other third party. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. 7-Eleven does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 7-Eleven is not responsible or liable to any party who participates in any such dealings, promotions or offerings.
5.3 7-ELEVEN MAKES NO WARRANTY OR REPRESENTATION, BUT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY’S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. 7-ELEVEN WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE). 7-ELEVEN DOES NOT WARRANT THAT THE OPERATION OF THE SITE OR APPS WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY 7-ELEVEN OR AN AUTHORIZED REPRESENTATIVE OF 7-ELEVEN SHALL CREATE ANY WARRANTY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF 7-ELEVEN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO 7-ELEVEN FOR ACCESS TO OR USE OF THE SITES OR ANY APP.
5.4 If you are dissatisfied with any portion of the Sites or any App, or with any of these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Site and all Apps.
6. UNLAWFUL AND PROHIBITED USE
As a specific condition of your use of the Sites and Apps, you explicitly agree not to use the Sites and Apps for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You agree not to use the Sites and Apps in any way that could damage, disable, overburden, or impair either Site or the Apps, or interfere with anyone else’s use of either Site or the Apps. You will not attempt to gain unauthorized access to 7-Eleven computer systems or networks connected to 7-Eleven, through hacking, password mining or any other means. You will not attempt to reverse engineer any portion of the Sites or Apps or attempt to infringe the intellectual property rights of others in any way. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or Apps.
7. GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use are governed by the laws of the State of Texas, U.S.A., without regard to Texas conflict of laws provisions. By using either Site or the Apps you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Dallas, Texas for all disputes arising out of or relating to the use of the Sites and/or Apps. 7-Eleven makes no representation that the contents of the Sites or Apps are appropriate or available for use in other locations, and those who choose to access the Sites or Apps from other locations are solely responsible for compliance with their local laws. Any legal actions against 7-Eleven must be commenced within two year(s) after the claim arose. Any controversy or claim arising out of or relating to the Sites, Apps, or these terms will be settled by binding arbitration before JAMS, Inc. and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall be responsible for its costs incurred in such arbitration, but if you cannot afford to pay for the arbitration you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. The arbitration will be conducted in Dallas County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, 7-Eleven may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).
You specifically agree to indemnify and hold harmless 7-Eleven, its parent, affiliates, stockholders, officers and employees, from any claim, demand or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Sites and/or Apps.
9. PRODUCT & SERVICE AVAILABILITY
The Sites and Apps contain references and information about 7-Eleven products and services that may be limited by individual store participation in the United States and Canada only.
10. PRIVACY AND PUBLICITY
11. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions of Use incorporate by reference any notices contained on the Sites or Apps and constitute the entire agreement with respect to your access to and use of the Sites and Apps. If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
12. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
We are committed to complying with copyright and related laws, and we require all users of the Sites and Apps to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Sites or Apps in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may be able to take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on either Site or the Apps in a way that constitutes copyright infringement, please provide our designated agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Sites or Apps;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
13. 7REWARDS PROGRAM TERMS AND CONDITIONS
Read the following Terms and Conditions for the 7Rewards Program (“Program”) to learn how you can get one free 7-Eleven hot beverage, Big Gulp, Chillers, or Slurpee drink (of any size offered by 7-Eleven) (“ Reward Drink”) for every six such drinks (or refills of refillable 7-Eleven mugs and tumblers) that you buy at participating 7-Eleven stores in the United States and Canada when you use the 7-Eleven App (the “App”). Purchases of 7-Eleven mugs and tumblers are not Qualifying Purchases under the Program.
13.1 Promotion Period: The Program runs from [12:01] AM local time on [March 4, 2015] until 7-Eleven cancels the Program (the “Promotion Period”).
13.2 Eligibility: Promotion open only to residents of the 50 United States (and D.C.) and Canada who are 13 years or older and who own a smartphone or other mobile device that is capable of downloading and running the 7-Eleven App from the Apple Store or Google Play Store. If you are between the ages of 13 and 18, you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. (7-Eleven does not charge to download its App, but standard data rates may apply.) Employees of 7-Eleven and its franchisees, affiliates, subsidiaries, representatives and agents are not eligible. 7-Eleven reserves the right to deny or disqualify any participant who fails to comply with the terms of this program.
13.3 How to Participate: Take the following steps during the Promotion Period to receive a Reward Drink:
Step 1: Login to your 7-Eleven account through the App. If you do not have the App, you can download it on your smartphone or other mobile device from the Apple Store or Google Play Store. If you do not have a 7-Eleven account, you can qualify for one through the App.
Step 2: Visit a participating 7-Eleven store and buy any size of 7-Eleven hot drink, Big Gulp, Chillers, or Slurpee drink, or refill of these drinks and, in doing so, scan your account bar code on your smartphone or mobile device to qualify such purchase(s) in the App (each such drink is a “Qualifying Purchase”). Qualifying Purchases will only appear on the “digital punch card” section of the App if you qualify each purchase in this way.
Qualifying Purchases may take as long as 24 hours from the time of the last qualifying purchase to show up in the App, depending on how 7-Eleven validates your purchase. You will qualify for one Reward Drink each time you qualify six Qualifying Purchases in the App. The App will be updated with a bar code which you can scan for one Reward Drink. Once you have received the bar code, you must use it before you can qualify purchased drinks towards a new Reward Drink.
Step 3: Take the following steps to visit a participating 7-Eleven store in the United States or Canada to redeem a Reward Drink: Go to a participating 7-Eleven store and select the Reward Drink of your choice. At the point of sale, scan the Reward Drink bar code.
You may only redeem Reward Drinks at participating 7-Eleven stores in the United States and Canada. Each Qualifying Purchase (represented as a punch on your “digital punch card” in the App) and unused Reward Drink will expire 366 days after it appears in the App. 7-Eleven reserves the right to change or discontinue any drink products. Reward Drinks are available while supplies last. By participating in the Program you will also be automatically enrolled in current and future promotional contests. Such contests will be governed by additional terms and conditions applicable therein and to be made available from time to time at [NTD: insert website if there is promotional contest website where such contest rules would likely be made public]. Personalized offers and coupons may be distributed within the App. Such personalized offers and coupons are a part of a personal marketing program and may be customized based on purchase behaviours and preferences. Such personalized offers and coupons may include periodic discounts on food, beverages and merchandise. Such personalized offers and coupons may have certain restrictions including expiration dates and short, time-limited redemption periods and are personal to you and cannot be shared, copied or transferred. Read each personalized offer and coupon carefully for specific details, limitation and restrictions.
13.4 Program Modification or Cancellation: 7-Eleven reserves the right to modify the Program and these Programs Terms and Conditions at any time without liability, including, without limitation, the right to cancel the Program at any time. If 7-Eleven cancels the Program, it will provide at least 60 days’ advance notice of the cancellation on the home page of the App and at www.7-11.com/rewards. You are responsible for checking the App and the rewards section of the www.7-eleven.com website for updates about the Program. If 7-Eleven cancels the Program, all Reward Drinks and Qualifying Purchases (represented as punches on your “digital punch card” in the App) will automatically and immediately expire upon the effective date of cancellation.
13.5 Other Terms: The Program is void where prohibited. Your Reward Drink and Qualifying Purchases (represented as punches on your “digital punch card” in the “Savings” section of the App) are promotional in nature, have no cash value, and cannot be sold, transferred, copied, shared, or transferred. No substitutions, assignments, or transfers of any Reward Drink or Qualifying Purchases will be permitted. 7-Eleven’s decisions in connection with this Program are final and binding. 7-Eleven will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of 7-Eleven. Any provision of these Program Terms and Conditions deemed unenforceable will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will remain in effect. Participation in this Program constitutes acceptance of these Program Terms and Conditions.
IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS AND CONDITIONS OF USE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITES AND APPS.