Terms & Conditions

Last Updated: August 1, 2023

DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY BEFORE DOWNLOADING, ACCESSING, OR USING ANY GOCO ONLINE SERVICES (DEFINED BELOW). BY DOWNLOADING, ACCESSING, OR USING ANY GOCO ONLINE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS OF USE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE.

THESE TERMS OF USE REQUIRE THE USE OF MANDATORY ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS OF USE, AS DETAILED IN SECTION 18 BELOW, YOU AGREE TO RESOLVE ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OUR PRIVACY NOTICE, DATA SECURITY, OR DATA PRIVACY THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES, UNLESS OTHERWISE PROVIDED BELOW, AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.

BY ACCEPTING THESE TERMS AND CONDITIONS OF USE, YOU ALSO AGREE TO OUR PRIVACY NOTICE, LOCATED AT www.gocogoldrewards.com/privacy, WHICH IS INCORPORATED INTO THESE TERMS AND CONDITIONS OF USE AND MAY BE UPDATED FROM TIME TO TIME.

Introduction. These Terms and Conditions of Use (“Terms of Use”) apply to your access to, and use of, any Gilligan Oil Services, LLC dba GOCO (“GOCO”) website, mobile application, and online service or program where these Terms and Conditions of Use are posted, linked, or incorporated by reference (“GOCO Online Services”). These Terms of Use are a legal and binding agreement between you (“user”, “you”, or “your”), GOCO, and, as applicable, its subsidiaries, affiliates, and related entities (“Affiliates”) (GOCO and its Affiliates are referred to herein, as the context may require, as “GOCO”, “we”, “us”, or “our”). These Terms of Use govern your use of the GOCO Online Services, which includes the programs, offers, content, information, services, and features made available through the GOCO Online Services. If you do not agree to these Terms of Use, then you should not access or use the GOCO Online Services.
Changes to these Terms of Use.
1. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the GOCO Online Services thereafter. We encourage you to check these Terms of Use frequently to apprise yourself of any updates to them.
2. Your continued access to and/or use of the GOCO Online Services following the posting of revised Terms of Use means that you accept and agree to these changes.
Registration.
1. Registration. To access and use certain portions of the GOCO Online Services, you may be required to complete a registration process and/or setup an account or login (“Account”). Certain portions of the GOCO Online Services may be available to persons that access or use the GOCO Online Services without registering for an Account (“Visitors”), including those portions before your Account registration is completed. We reserve the right to decline a Visitor’s request to register an Account and may terminate or suspend an Account, for any or no reason, including, without limitation, failing to meet the eligibility requirements set forth in these Terms of Use. If you create an Account as an employee or agent on behalf of a company or other entity, you represent and warrant that you are authorized to enter into binding contracts, including these Terms of Use, on behalf of yourself and the company or entity you represent. You agree that you are responsible for all activities on your Account.
2. Account Profile. To register for an Account, you must complete a user profile (“Profile”), which you consent to be shown to other users at our discretion. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the GOCO Online Services or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your skills, your qualifications, or any other information requested of you. Further, you agree to correct any such information that is or becomes false or misleading.
3. Identity and Location Verification. When you register for an Account and from time to time thereafter, each Account and Profile may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your location. You authorize us, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address, subject to applicable law. When requested, you must timely provide us with complete information about yourself.
4. Account Permissions. You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business or organization. By granting other users permissions under your Account, you represent and warrant that (a) the user is authorized to act on your behalf, (b) you are financially responsible for the user’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) you are fully responsible and liable for any action of any user to whom you have provided any permissions and any other person who uses the Account. If any such user violates these Terms of Use, it may affect your ability to use the GOCO Online Services.
5. Usernames and Passwords. When you register for an Account, you will be asked to choose a username and password or a username and password will be assigned to you for the Account. You are solely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person. You authorize us to assume that any person using the GOCO Online Services with your username and password is you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another user of the GOCO Online Services.
User Requirements.
1. You are responsible for:
  1. Making all arrangements necessary for you to have access to and make use of the GOCO Online Services.
  2. Ensuring that all persons who access and use the GOCO Online Services through your internet connection or your Account will comply these Terms of Use.
2. You agree to comply with all applicable local, state, national and foreign laws, treaties and regulations in connection with your access and use of the GOCO Online Services, including those related to data privacy and security. You agree to promptly notify us of any violation of this Section.
Content; Conduct.
1. Through using the GOCO Online Services, you may have the ability to make content and data available to us and other users (“User Content”), including, without limitation, unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for commercial purposes, such as advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials. All User Content must comply with these Terms of Use and any content guidelines we may establish from time to time. Without limiting the generality of the foregoing, User Content must not:
  1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights, including rights of publicity, of any other person.
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or these Terms.
  5. Intend to deceive or act in any way reasonably likely to deceive any person.
  6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  9. Involve commercial activities or sales outside the scope of the Service, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
2. Any User Content you make available to us or other users will be considered non-confidential and non-proprietary. By making any User Content publically available to us or other users on or through the GOCO Online Services, you grant to us and our Affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content, without payment to you, for any lawfully permitted purpose, including, without limitation, commercial purposes, such as for creating new products and services and advertising purposes.
3. You represent and warrant that:
  1. You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  2. All of your User Content does and will comply with these Terms of Use.
4. You understand and acknowledge that you are responsible for any User Content made available by you, and you, not us, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any other users or any third party for the content or accuracy of any User Content made available on or through the GOCO Online Services or any action or inaction based on the foregoing.
5. We do not generally investigate any remarks posted by users or other User Content for accuracy or reliability and do not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content, including, without limitation, if such User Content is legally actionable or defamatory. You are solely responsible for your reliance on the User Content of another, including, without limitation, relying on the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by you against other users or third parties as a result of or in connection with your reliance on User Content. We are not legally responsible for User Content or reliance on User Content, including, without limitation, feedback or comments posted to or made available on the GOCO Online Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the GOCO Online Services and to protect users from harassment or abuse, we reserve the right (but are under no obligation) to remove posted User Content, including, without limitation, feedback or information, that, in our sole judgment, violates these Terms of Use or negatively affects the GOCO Online Services or otherwise is inconsistent with our business interests. You acknowledge and agree that you will notify us of any error or inaccurate statement in your User Content, and, that if you do not do so, we, other users, or other third parties may rely on the accuracy of such information.
6. We have the right but not the obligation to:
  1. Remove or refuse to post any User Content for any or no reason in our sole discretion;
  2. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, is defamatory, offensive, inaccurate, deceptive or misleading, illegal, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the GOCO Online Services or the public or could create liability for us or any user;
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the GOCO Online Services; and/or
  5. Terminate or suspend your access to all or part of the GOCO Online Services for any or no reason, including without limitation, any violation of these Terms of Use.
7. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials or User Content on or through the GOCO Online Services. YOU WAIVE AND HOLD HARMLESS THE GOCO INDEMNIFIED PARTIES (DEFINED BELOW) AND EACH OF THEIR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8. However, we cannot review all material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
Intellectual Property
1. Ownership. The GOCO Online Services and their entire contents, features and functionality (including but not limited to all information, software, analysis, data, text, displays, images, video and audio, “look and feel,” and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
2. License. These Terms or Use permit you to use the GOCO Online Services solely for your personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials provided on or through the GOCO Online Services except as follows:
  1. you may temporarily store copies of such materials incidental to your accessing and viewing those materials;
  2. you may store files that are automatically cached by your computer or personal electronic device for display enhancement purposes; and
  3. if we provide social media features with certain content, you may take such actions as are enabled by such features.
3. Restrictions. You shall not:
  1. copy the GOCO Online Services or any part thereof, except as expressly permitted by these Terms of Use;
  2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the GOCO Online Services or any part thereof;
  3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the GOCO Online Services or any part thereof;
  4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the GOCO Online Services, including any copy thereof;
  5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the GOCO Online Services, or any features or functionality of the Services, to any third party for any reason, including by making the GOCO Online Services available on a network where it is capable of being accessed by more than one device at any time;
  6. send or store: (a) infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates third party privacy rights; or (b) material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  7. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the GOCO Online Services; or
  8. access or use the GOCO Online Services, or any features or functionality of the Services, for purposes competitive with the business of GOCO or its Affiliates or for the purpose of benchmarking the GOCO Online Services, or monitoring their availability.
4. Reservation of Rights. No right, title or interest in or to the GOCO Online Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) is transferred to you, and we reserve all rights not expressly granted herein. Any use of the GOCO Online Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
5. Trademarks. You understand and agree that you shall have no right to use any of the GOCO Marks (as defined below) for any purpose whatsoever without the prior written approval of GOCO, and such approval may be withheld in GOCO’s sole discretion. For purposes of these Terms of Use, “GOCO Marks” means the names, trademarks, service marks, logos, and other designations of origin of the GOCO and its Affiliates, including, without limitation, GOCO and the logos and/or design elements that may accompany it. You acknowledge and agree that we own all right, title, and interest in and to the GOCO Marks. All other names, logos, product and service names, designs and slogans displayed on or through the GOCO Online Services are the trademarks of their respective owners.
6. Release. YOU COVENANT NOT TO SUE OR MAKE OR ASSERT AGAINST ANY GOCO INDEMNIFIED PARTY ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO THE GOCO ONLINE SERVICES.
Copyright Infringement Notification.
1. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials available on the GOCO Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.
2. If you believe that your work has been improperly copied and posted on the GOCO Online Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable GOCO Online Services and a description of where the material that you claim is infringing is located within such GOCO Online Services; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement.
3. Notices and counter-notices should be sent to:
  [CONTACT INFO ]
4. Details about the DMCA are available at https://www.copyright.gov/onlinesp/.
Confidentiality.
1. Definition. In connection with the Terms of Use and while accessing the GOCO Online Services, you may have access to certain non-public information, documents and materials relating to our business, irrespective of the form of communication (oral, written, electronic or otherwise) along with all notes, analyses, compilations, forecasts, data, translations, studies, memoranda, copies, extracts, reproductions or other documents that contain or otherwise reflect such information, documents and materials belonging to, or in which the supplier of the information has any rights or interest, project information (“Confidential Information”). Confidential Information shall include information, documents and materials related to pricing, rates, fees, or other similar information, training methods, business practices, plans, projections, trade secrets, account information, research information, accounting information, human resources and personnel information, marketing/sales information, third party contracts, licenses, audits, regulatory compliance information, and all intellectual property owned or licensed by use.
2. Exclusions. The confidentiality obligations herein will not apply to any Confidential Information which: (a) is or becomes generally available to and known by the public (other than as a result of your non-permitted disclosure or other wrongful act, directly or indirectly); (b) is or becomes available to the you on a non-confidential basis from a source other than GOCO or its representatives; provided, however, that you had no knowledge that such source was, at the time of disclosure to you, bound by an obligation of confidentiality which was breached by the disclosure; and provided, further, that if you later become aware that the source did not have the right to disclose such information, you will use commercially reasonable efforts to restrict the future use and disclosure of the Confidential Information to be consistent with these Terms of Use; (c) has been or is hereafter independently acquired or developed by you or its representatives without reference to such Confidential Information and without otherwise violating these Terms of Use or any obligation of confidentiality to us; (d) was in your possession at the time of our disclosure to you without restriction as to confidentiality; or (e) is required (by oral question, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to be disclosed by any governmental entity or pursuant to applicable law; provided, however, that you (i) use all commercially reasonable efforts to provide us with written notice of such request or demand as promptly as practicable under the circumstances so that we will have an opportunity to seek an appropriate protective order or other appropriate remedy, or waive compliance with the provisions of these Terms of Use, (ii) furnishes only that portion of the Confidential Information which is, in the opinion of your counsel, legally required and (iii) takes, and causes its representatives to take, all other reasonable steps necessary to obtain confidential treatment for any such Confidential Information required to be furnished.
3. Confidentiality Obligations. You will use the Confidential Information of the information owner solely for the purpose of performing your obligations or exercising your rights under these Terms of Use, and not for any other purpose, including the purpose of competing with us. You will keep such Confidential Information confidential and will not disclose any Confidential Information to any third party without our prior written consent. You will exercise at least the same degree of care to safeguard the confidentiality of such Confidential Information as you do to safeguard your own proprietary confidential information of equal importance, but not less than a reasonable degree of care. You will disclose such Confidential Information only to your representatives who have a need to know the Confidential Information for the purpose of performing your obligations or exercising your rights under these Terms of Use. You will ensure, by instruction, contract, or otherwise that such representatives comply with the provisions of these Terms of Use. You will be responsible in the event of any your representatives’ breach of these Terms of Use. You will promptly notify us in the event that you or your representatives learn of any unauthorized use or disclosure of such Confidential Information, and will promptly take all reasonable actions necessary to correct and prevent such use or disclosure.
Privacy Notice. All information we collect or that you provide on or through the GOCO Online Services is subject to our Privacy Notice, the terms of which are hereby incorporated herein by reference. You consent to our use of any information provided in a manner consistent with our Privacy Notice.
Promotions.
1. Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (each, a “Promotion” and, collectively, “Promotions”) made available through the GOCO Online Services may also be governed by rules and/or terms that are additional to these Terms of Use, including, without limitation the Goco GOLD Rewards Program Terms and Condition set forth in Section . By participating in any Promotion, you will become subject to additional Promotions terms. We urge you to read the applicable Promotions terms, which are either included herein or linked from the particular Promotion, and to review our Privacy Notice which, in addition to these Terms of Use, governs any information you submit in connection with any such Promotions.
2. You may receive digital offers through the GOCO Online Services from time to time. The following general terms apply to these offers:
  1. The redemption period for each offer begins and ends as indicated by the offer;
  2. Offers are single use only, unless otherwise stated. Once a digital offer code has been redeemed, it will no longer be available;
  3. Offers may only be redeemed at participating GOCO locations. Offers may not be accepted at some GOCO locations;
  4. Offers are not transferable;
  5. Offers are void where restricted, prohibited or taxed, or if reproduced, altered, purchased, distributed, auctioned, or sold;
  6. Offers are not eligible for cash refunds and have no cash value; and
  7. Use with other offers may be restricted as indicated by the offer.
GOCO GOLD Rewards Program Terms and Conditions.
1. This Section 11 applies to the GOCO GOLD Rewards Program (the “Rewards Program”) and contains terms and conditions that are in addition to those contained in the Terms of Use (“Rewards Program Terms”). Notwithstanding the foregoing, the Rewards Program is also subject to the Terms of Use and these Rewards Programs Terms are in addition to, and not in lieu of, the Terms of Use. The Rewards Program is provided by GOCO which is solely responsible for the Rewards Program. GOCO may modify, add, or delete any of these Rewards Programs Terms, benefits or Rewards, in whole or in part, at any time, even though such changes may affect the value or amount of your Rewards (collectively, the “Rewards Program Components”) already accumulated and/or the time for redemption. Participating in the Rewards Program means you are bound by these Rewards Program Terms and the Terms of Use.
2. General Information; Definitions.
  1. Participation in the Rewards Program and its benefits are offered at the sole discretion of GOCO. Other restrictions may apply.
  2. GOCO MAY, AT ANY TIME, CHANGE ANY AND ALL ASPECTS OF THE REWARDS PROGRAM, SPECIAL PROMOTIONS, AND THESE TERMS, OR OTHERWISE END THE REWARDS PROGRAM. GOCO will provide notice of termination of the Rewards Program in accordance with Section 2 of the Terms of Use.
  3. The Rewards Program allows you to earn Rewards (each, a “Reward”) by, among other things, making Eligible Purchases, as described in Section 11(d) below, by presenting your Rewards Program membership card (which can be accessed via the GOCO GOLD Rewards Mobile Application (“Rewards App”) or via your Account for participation in the Rewards Program (“Rewards Account”) on www.gocogoldrewards.com (the “Rewards Website”)) or providing authorized alternate identification number associated with your Rewards Account.
  4. The Rewards Program is intended for personal use only and commercial use is prohibited. You are limited to one Rewards Account. Your Rewards Account and membership in the Rewards Program are personal to you. You may not transfer to others your Rewards Account or membership in the Rewards Program, or any benefit of any kind. Moreover, Rewards Program Components are not transferable and may not be combined or conveyed by any means to anyone, including through your estate, and may not pass to your successors and assigns and, as such, Rewards Program Components are not transferable by you (i) upon death, (ii) as part of domestic relations proceedings, or (iii) otherwise.
3. Eligibility; Enrollment.
  1. Membership in the Program and Rewards App usage is only open to legal residents of the United States, who are at least eighteen (18) years old at the time of registration.
  2. Program registration is available through the Rewards App and the Rewards Website without the need for a transaction. The Rewards App is available to download on the Apple App Store and Google Play Store via iPhone and Android smartphone devices. In some participating locations, registration for the Rewards Program may also be available when making a purchase, return, or exchange transaction at the point of sale. Inquire at participating locations to see if you may register at their point of sale during a transaction.
  3. To enroll in the Rewards Program, you must provide your first name, last name, email address, phone number, ZIP code, and other information, as indicated.
  4. Membership in the Rewards Program is nontransferable and subject to present and future Rewards Program Terms and Terms of Use. We reserve the right in its sole discretion to approve, deny, or revoke any aspect of Participation in the Rewards Program to any individual for any reason whatsoever. This includes, without limitation, the right to cancel your Participation or suspend accrued Rewards Program Components and the right to terminate your Rewards Account. Without limiting the foregoing, we will revoke Participation in the Rewards Program (including all benefits) for evidence of fraud, abuse of privileges, violation of these Rewards Program Terms or Terms of Use, transfer of Rewards Program benefits or Rewards Program Components, or the holding of multiple Rewards Accounts by an individual. “Participation” includes earning Rewards Program Components and Rewards redemptions, and any other benefits associated with the Rewards Program. Enrollment becomes effective, and acceptance of these Rewards Program Terms begins when you commence the process of enrolling in the Rewards Program (the “Enrollment Date”).
4. Earning Rewards.
  1. Rewards for Fuel. You will earn a Reward of five cents ($0.05) off per gallon of fuel on up to a maximum of 20 gallons of fuel for every $25 spent on Eligible Purchases. “Eligible Purchases” are the actual amount paid on the purchases of goods and/or services that are identified as “Eligible Purchases” at the time of purchase made by you after any applicable discounts are applied, excluding applicable taxes and other deductions. Eligible Purchases shall not include purchases of fuel, alcohol, tobacco products (including vaping products), lottery, money orders, car washes, gift cards, Shell prepaid cards, and all other prepaid cards.
  2. Bonus Opportunity. GOCO may from time to time, in its sole discretion, provide select Participants the opportunity to, on a limited time basis, earn additional Rewards in other ways (such as through other offers and activities we make available) that will be independent of the ability to earn the Reward set forth in Section 11(n)(i) (each, a “Bonus Opportunity”). The terms and conditions that apply to each Bonus Opportunity will be determined by GOCO in its sole discretion. Each Bonus Opportunity may be limited to certain participating locations. GOCO will make efforts to notify eligible Participants of any Bonus Opportunity available to them and such notification will contain the terms and conditions associated with the Bonus Opportunity. Notification of the Bonus Opportunity may be made through email, through notice in the Reward App or Rewards Website, through notice in stores or in any other way deemed acceptable by GOCO in its sole discretion. Please check the terms and conditions of any Bonus Opportunity carefully, as there may be important conditions or limitations associated with the Bonus Opportunity and/or its Rewards.
  3. You must identify yourself as a Participant at the time of transaction for the transaction to be eligible to count as an Eligible Purchase. You may do so presenting your Rewards Program membership card or providing an authorized alternate identification number associated with your Rewards Account.
  4. We reserve the right to verify and adjust Rewards Program Components at any time prior to or following posting or redemption.
  5. Rewards Program Components have no cash value. Rewards Program Components are not your property. Rewards Program Components are issued without separate payment or other consideration by you and exist at our sole discretion as part of a Rewards Program. Rewards Program Components cannot be purchased, redeemed for cash or for any other monetary value or currency, or used to pay any credit card or other credit device. Rewards Program Components may not be assigned, transferred, or pledged to any third party, except as specifically stated herein. Rewards Program Components may not be transferred by operation of law, such as by inheritance, in bankruptcy, or in connection with a divorce.
5. Redeeming Rewards; Limitations.
  1. You must identify yourself as a Participant at the time of transaction to redeem your Rewards. You may do so presenting your Rewards Program membership card or providing an authorized alternate identification number associated with your Rewards Account
  2. Rewards must be redeemed no later than the end of the month immediately following the month in which the Rewards were earned by you. The expiration date for the Rewards will appear on your Rewards Account. Rewards for fuel are cents per gallon discounts that are only valid on the purchase of gasoline and diesel fuel. Rewards are limited to twenty gallons of fuel per purchase, per vehicle in a single fuel transaction. If you wish to purchase additional fuel, you must start a new transaction, and you would have to redeem additional Rewards for such transaction. Any Rewards applied to a fuel transaction will be considered fully redeemed even if less than twenty gallons are purchased in that transaction. Rewards redeemed in a single fuel transaction cannot exceed our posted per gallon price for such fuel product minus $0.02. For example, if our posted per gallon price for regular unleaded fuel is $2.00, the maximum Rewards that you could redeem in such fuel transaction would be $1.98 per gallon up to 20 gallons resulting in an amount due to GOCO of $0.40 ($0.02 per gallon multiplied by 20 gallons). Rewards may not be transferred to other Rewards Accounts and must be redeemed using the same Rewards Account that was used at the time the Rewards were earned.
  3. Reward details are subject to change without notice.
  4. Rewards will not be re-issued after use.
  5. You may be notified of additional eligible and ineligible products at the time of Rewards redemption.
App Terms.
1. In order to use GOCO Online Services made available through a GOCO App, including, without limitation, the Rewards App (the “App”), you must have a compatible mobile device. We do not warrant that the App will be compatible with your mobile device. If you access the App using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to these Terms of Use and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you. However, these third-party beneficiaries are not a party to these Terms of Use and are not responsible for the provision or support of the App. You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
2. The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the App.
3. You acknowledge that Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You further acknowledge that, in no event, shall Apple or Google be responsible for the investigation, defense, settlement and discharge of any third-party claim that the App infringes that third party’s intellectual property rights.
Third-Party Links. The GOCO Online Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
Warranty Disclaimer. YOU AGREE NOT TO RELY ON THE GOCO ONLINE SERVICES, ANY INFORMATION PROVIDED ON OR THROUGH THE GOCO ONLINE SERVICES, OR THE CONTINUATION OF THE GOCO ONLINE SERVICES. GOCO DOES NOT WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES GOCO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE GOCO ONLINE SERVICES, INCLUDING, WITHOUT LIMITATION THE REWARDS PROGRAM, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE GOCO ONLINE SERVICES, OR ANY ACTIVITIES OR ITEMS RELATED TO THESE TERMS OF USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY DISCLAIM ANY WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOCO ONLINE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. USER’S SOLE AND EXCLUSIVE REMEDY AGAINST US WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION IS FOR USER TO DISCONTINUE USER’S USE OF THE SERVICES.
Limitation of Liability; Limitation on Claims.
1. The GOCO Indemnified Parties are not liable, and you agree not to hold any GOCO Indemnified Party responsible, for any damages or losses arising out of or in connection with these Terms of Use and/or use of the GOCO Online Services, including, without limitation:
  1. The Rewards Program, the Rewards Program Components, and/or the Rewards Programs Terms;
  2. your use of or your inability to use the GOCO Online Services or any portion thereof;
  3. delays or disruptions in the GOCO Online Services;
  4. viruses or other malicious software obtained by accessing, or linking to, the GOCO Online Services;
  5. glitches, bugs, errors, or inaccuracies of any kind in the GOCO Online Services;
  6. damage to your hardware device from the use of the GOCO Online Services;
  7. the content, actions, or inactions of third parties’ use of the GOCO Online Services;
  8. a suspension or other action taken with respect to your Account;
  9. your reliance on the quality, accuracy, or reliability of ratings, recommendations, and feedback (including their content, order, and display), User Content, or metrics found on, used on, or made available through the GOCO Online Services; and
  10. your need to modify practices, content, or behavior or your loss of or inability to use the GOCO Online Services, as a result of changes to these Terms of Use.
2. ADDITIONALLY, IN NO EVENT WILL ANY GOCO INDEMNIFIED PARTY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES. THE CUMULATIVE LIABILITY OF THE GOCO INDEMNIFIED PARTIES TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND/OR THE GOCO ONLINE SERVICES WILL NOT EXCEED THE LESSER OF: (A) $20; OR (B) ANY AMOUNTS PAID TO GOCO BY USER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND/OR THE GOCO ONLINE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, BUT DO APPLY TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.
3. Any cause of action you may have arising out of or relating in any way to the GOCO Online Services or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.
Indemnification.
1. You will indemnify, defend, and hold harmless GOCO and its Affiliates, and each of the respective subsidiaries, related entities and other affiliates of any of the foregoing, and each of their respective predecessors, successors and assigns, and each of their respective past, present or future, direct or indirect, officers, directors, governors, owners, members, managers, shareholders, partners, partnerships, principals, employees, volunteers, representatives, agents and trustees (each a “GOCO Indemnified Party” and collectively the “GOCO Indemnified Parties”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the GOCO Online Services by you or your agents, including any payment obligations or default incurred through use of the GOCO Online Services; (b) failure to comply with these Terms of Use; (c) failure to comply with applicable law by you or your agents; (d) negligence, willful misconduct, or fraud by you or your agents; and (e) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section 16, your agents includes, without limitation, any person who has apparent authority to access or use your Account demonstrated by using your username and password.
2. “Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other user against a GOCO Indemnified Party.
3. “Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by a GOCO Indemnified Party against you or a third party or other user.
Term and Termination.
1. Term. The term of these Terms shall commence on the date on which you agree to be bound by these Terms (“Effective Date”) and shall continue until terminated as provided herein. Upon termination of these Terms for any reason, all rights granted to you shall immediately terminate, and you shall cease using the GOCO Online Services.
2. Termination.
  1. Unless both you and GOCO expressly agree otherwise in writing, we may, in our sole discretion, at any time, without explanation, upon written notice to you, terminate these Terms of Use. Upon termination of these Terms of Use, your right to use the GOCO Online Services is automatically revoked, and your Account will be closed.
  2. Without limiting the other rights or remedies available to us, we may, but are not obligated to, temporarily or indefinitely revoke or suspend your access to the GOCO Online Services, deny your registration, close your Account, or permanently revoke your access to the GOCO Online Services and refuse to provide any or all the GOCO Online Services to you if: (i) you breach the letter or spirit of any terms and conditions of these Terms of Use, as determined in our sole discretion; (ii) we suspect or become aware that you have provided false or misleading information to us or other users; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our users, or us; or (iv) your actions may be contrary to the interests of the GOCO Online Services, or the user community; or (v) your actions may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the GOCO Online Services under the same Account or a different Account or re-register under a new Account without our prior written consent.
3. Survival. After these Terms of Use terminate, the terms and conditions of these Terms of Use that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, protecting intellectual property, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after these Terms of Use have terminated. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you from any obligations incurred prior to termination of these Terms of Use or that thereafter may accrue in respect of any act or omission prior to such termination.
Dispute Resolution; Arbitration; Class Action Waiver
1. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE CLAIMS WITH GOCO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
2. Any dispute, claim or controversy of any nature, including tort and statutory claims, among the parties in any way arising out of or relating to these Terms of Use, the Privacy Notice, data privacy, data security, and/or the GOCO Online Services, including, without limitation the Rewards Program (“Dispute”), shall be finally resolved by and through binding arbitration in accordance with the Federal Arbitration Act to the exclusion of any other Federal, state or municipal law of arbitration administered by the American Arbitration Association (“AAA”) by a sole arbitrator or in small claims court. If you are an individual, then the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect. The AAA rules are available at www.adr.org. Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Terms of Use, the Terms of Use will govern. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
3. For any Dispute, the place of Arbitration shall be in Cincinnati, Ohio.
4. Force Majeure. We will not be liable for, or be considered to be in breach of or default under these Terms of Use on account of, any delay or failure to perform as required by these Terms of Use as a result of any cause or condition beyond our reasonable control.
5. The cost of the arbitration proceeding, including, without limitation, each party’s attorneys’ fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.
6. WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND GOCO EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
7. RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST GOCO OR ANY GOCO INDEMNIFIED PARTY, AND ANY OF THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY IN CINCINNATI, OHIO. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND GOCO AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND ANY GOCO INDEMNIFIED PARTY AND THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
8. THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE AND FEDERAL COURTS LOCATED IN CINCINNATI, OHIO.
9. WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION 17 BE STRICKEN FROM THESE TERMS OF USE OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION 17(OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE AND FEDERAL COURTS LOCATED IN CINCINNATI, OHIO AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.
Miscellaneous.
1. Waiver and Severability.
  1. No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  2. In the event that any or any part of the Terms of Use contained in these Terms of Use shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such Terms of Use shall to that extent be severed from the remaining Terms of Use which shall continue to be valid and enforceable to the fullest extent permitted by the applicable law.
2. Entire Agreement.
  1. These Terms of Use and any document incorporated into them by reference, including, without limitation, the Privacy Notice, constitute the sole and entire agreement between you and GOCO with respect to the GOCO Online Services, including, without limitation the Rewards Program, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the GOCO Online Services, including, without limitation, the Rewards Program.
  2. No modification or amendment to these Terms of Use will be binding upon us unless in a written instrument signed by a duly authorized representative of GOCO or posted on or through the GOCO Online Services by us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use.
3. Assignability. You may not assign these Terms of Use, or any of its rights or obligations hereunder, without the prior written consent of GOCO in the form of a written instrument signed by a duly authorized representative of GOCO. We may freely assign these Terms of Use without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, these Terms of Use are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
4. Force Majeure. We will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, epidemic, pandemic, national health emergencies, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations, or restrictions imposed by law, or any other similar conditions beyond the reasonable control of such party.
5. Consent to Electronic Records. In connection with these Terms of Use, you may be entitled to receive certain records from us or our affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the GOCO Online Services, you give us permission to provide these records to you electronically instead of in paper form.
6. Governing Law. Your use of the GOCO Online Services and downloads from it, and the operation of these Terms of Use, including without limitation, the Rewards Program Terms and the Rewards Program, shall be governed in accordance with the laws of the State of Ohio, without regard to conflict of law provisions other than those that would permit the application of Ohio law.
Contact. Should you have questions or concerns about these Terms of Use or the GOCO Online Services, please contact us at info@gilligan-co.com. If you have questions or concerns regarding the Rewards Program, specifically, please contact us at gocogoldrewards@gilligan-co.com

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