Yesway Mobile Terms & Conditions
Welcome to Yesway’s Mobile App (the “App”), owned and operated by BW Gas & Convenience Holdings, LLC and its subsidiaries (d/b/a Yesway) (“Yesway”). Use of this App signifies your agreement to the terms and conditions of use set forth below. These terms are in addition to, and not in lieu of, the Terms of Use for Yesway’s website, the Terms for the Yesway Reward$ program, and Yesway’s Privacy Policy, all of which are found at Yesway.com.
(1) Agreement to Terms. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE APP. You acknowledge that you have read these Terms and Conditions of Use (“Terms”) and that you accept the terms and conditions hereof. If you do not agree to these Terms, you should uninstall the App immediately.
(2) Use of Information. Some functionality of the App, including location based services, may require the transmission of information provided by you, including user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), information related to a Yesway Reward$ Card or account, or GPS location (“User Information”). If you use such App functionality, you consent to the transmission of your User Information to Yesway or its agents, and authorize Yesway and its agents to record, process and store such User Information as necessary for the App functionality and for purposes described in the Yesway Privacy Policy. You are solely responsible for the confidentiality and security of your User Information transmitted from or stored on a mobile device for purposes of the App for all transactions and for other activities undertaken with any Yesway Reward$ Card registered in your name, whether authorized or unauthorized. You agree to immediately notify Yesway of any unauthorized transactions associated with the App or any other breach of security. Yesway is not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a mobile device or from unauthorized or fraudulent transactions associated with App. Yesway may access or disclose information about you, including the content of your communications, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Yesway or its customers, including the enforcement of its agreements or policies governing your use of the App; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Yesway employees, customers, or the public.
(3) Modification of Agreement. Yesway reserves the right, at its sole discretion, to change, modify, add or remove any portion of the App and these Terms, in whole or in part, at any time. Use of the App after such changes will be considered an agreement to be bound by any such changes. You should review these Terms from time to time to read any changes.
(4) Copyright Protection and Use of Yesway Information. The App is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the App are only for your personal use. All content or other materials contained in the App are protected by copyright, and are owned or controlled by Yesway or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content viewed on or through the App. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Yesway or the copyright holder identified in the individual contents copyright notice. Yesway names, logos, and trademarks may not be otherwise used by you in any manner without the prior written consent of Yesway. You do not acquire ownership rights to any content or other materials viewed on or through the App. The posting of information or materials on the App does not constitute a waiver of any rights therein. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract any source code of the App or any part thereof.
(5) User License. Subject to these Terms, Yesway grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal use only on a mobile device owned or controlled by you. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, date, hyperlinks, displays and other content associated with the App is prohibited. These Terms and this User License also govern any updates to, or supplements or replacements for, this App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
(6) Prohibited Use of the App. You agree that (a) you will not upload, post or transmit to or distribute or otherwise publish through the App any content or materials which (i) harasses, abuses, or stalks any other user; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus or other harmful component; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) that you are at least thirteen (13) years old, and if you are thirteen (13) or older, but under the age of eighteen (18), that you have shared these Terms and Conditions with your parent or guardian and obtained their permission to use or access this App; and (c) that you will not use or access this App, any of its content or any of the information or materials transmitted through the App for any purpose or in any manner not expressly authorized by these Terms. Yesway reserves the right to pursue any and all civil and criminal remedies for any breach of this agreement.
(7) Information on Children. Yesway does not seek to gather personal information from or about persons under the age of 18 through the App and persons under the age of 18 are requested not to provide personal information to Yesway through the App without the involvement of a parent or guardian.
(8) Indemnification for Your Breach of Agreement. You hereby agree to indemnify, defend and hold Yesway, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms, including, without limitation, attorneys’ fees and costs. You will cooperate as fully as reasonably required in the defense of any claim. Yesway reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Yesway.
(9) No Responsibility for Links. Yesway may provide links to third party websites or other apps on the App from time to time. These links are provided as a convenience to you and other users of the App and the inclusion of any such link does not constitute an endorsement by Yesway of the use of or content on such other websites or apps. Yesway is not liable for any loss or damage which may be incurred by you for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party websites and/or Apps and all use is at your own risk. Yesway makes no warranty or representation and disclaims any liability related to any linked websites or Apps and/or their content, and Yesway is not responsible for the terms of use or privacy practices of such other websites or Apps.
(10) User Postings. Yesway does not and cannot review all materials posted to the App by users, and Yesway is not responsible for any such materials posted by users. However, Yesway reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Yesway’s sole discretion are objectionable or in violation of these Terms.
(11) No Warranty as to Information. The App may contain general information related to Yesway locations, daily fuel prices available at Yesway locations, information related to the Yesway Reward$ program, links to and information from the Yesway website and social media profiles. Yesway makes no warranties, representations or guarantees that such information is accurate or that any service or product referenced in the material found in the App will be available at a specific time or at a certain Yesway location. Yesway does not represent or endorse the accuracy, completeness or reliability of any description, price, statement, text, graphics, links or other information displayed or found through the App, including those of its affiliates and subsidiaries. You acknowledge that any reliance upon any such information will be at your sole risk and responsibility. Yesway reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the App.
(12) NO WARRANTY. THE APP, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE APP, IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YESWAY, ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED FOR THE OPERATION OF THE APP, THE CONTENT ON THE APP OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE APP, FOR ANY PRODUCTS OR SERVICES OR LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF ANY INFORMATION THROUGH THE APP OR ANY LINKED SITE. FURTHER, YESWAY, ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YESWAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YESWAY ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO A USER’S MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF A USER’S ACCESS TO, USE OF, OR DOWNLOADING OF ANYTHING FROM, THE APP. YESWAY, ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR THE USE OF THE APP, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
(13) NO AWARD OF DAMAGES AGAINST COMPANY. IN NO EVENT WILL YESWAY, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THIS APP OR ANY LINKED WEB SITE OR APP. THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, MOBILE DEVICES, COMPUTER PROGRAMS OR INFORMATION SYSTEMS, OR THE LOSS OF ANY INFORMATION OR DATA. In no event will Yesway’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Fifty Dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
(14) Use of Your Information. Except as provided otherwise in Yesway’s Privacy Statement posted on Yesway’s web site, by posting messages, or engaging in any other form of communication on or through the App, you hereby grant to Yesway a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Yesway for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. Any user of the App transmitting or providing information to Yesway via message or post otherwise agrees that Yesway has unlimited rights to such information and that Yesway may treat such information as non-confidential and non-proprietary and may use such information in any way Yesway chooses without compensation or acknowledgement of its source, except as otherwise restricted by applicable law.
(15) No Confidential Information. Except as provided otherwise in Yesway’s Privacy Statement with respect to certain personal data and financial information, you acknowledge that transmission to and from this App is not confidential and your communications may be read or intercepted by others. You acknowledge that, by submitting communications to Yesway via the App, no confidential, fiduciary, contractually implied or other relationship is created between you and Yesway other than pursuant to these Terms.
(16) GOVERNING LAW. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF IOWA. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF IOWA. VENUE WILL BE LIMITED TO COURTS SITTING IN POLK COUNTY, IOWA.
(17) Entire Agreement. These Terms constitute the entire agreement between Yesway and you with respect to your use of the App. Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the agreement, and the remainder of this agreement will continue in full force and effect. Yesway disclaims any and all responsibility for content contained in any third party materials provided through links from the App. Use of paragraph headings is for information purposes and do not expand or limit the terms of the paragraphs.
(18) Dispute Resolution. Except for the right of either party to apply to a court of competent jurisdiction for injunctive relief, any controversy or claim arising out of or relating to these Terms, other than as to ownership or title to intellectual property rights in the proprietary information of Yesway, will be settled by arbitration in Des Moines, Iowa, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Arbitration will be conducted by a panel of three members, Yesway and you each selecting one member and the third member, who will be chairperson, selected by agreement between the other two members. The chairperson will be an attorney-at-law, and the other members will have a background or training in computer law, computer science, or marketing of computer products. The arbitrators will have the authority to grant injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. If an arbitrator lawfully awards damages to you, such damages will not exceed One Hundred Dollars ($100).
(19) Contact Yesway. Any questions, complaints or claims regarding the App should be directed to:
Yesway
Customer Service
4800 Westown Parkway, Suite 324
West Des Moines, IA 50266
