These Terms constitute an agreement between you and the Company relating to your use of the Mobile App and Products and Services. The Mobile App permits you to obtain and pay for Products and Services offered by the Company. Use of the Mobile App or any Products and Services provided through the Mobile App constitutes acceptance of these Terms and you agree to be bound by these Terms. You represent and warrant that you are over 18 years of age and are capable of entering into a legally binding agreement. Your right to use the Mobile App and Products and Services provided through the Mobile App is conditioned upon your acceptance and compliance with these Terms. If you do not agree to be bound by these Terms, you are not authorized to use the Mobile App or Products and Services offered through the Mobile App, and you should delete the Mobile App immediately and discontinue any access to or use of the Product and Services. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, THE MOBILE APP OR THE PRODUCTS AND SERVICES, PLEASE CALL OR EMAIL THE COMPANIES AT 573-334-7733 or mobile@rhodes101.com.
You must complete the enrollment process to register as a user in order to use the Mobile App. The enrollment process will ask you for certain information, including your name, address, payment credentials and other personal information. You agree that you will provide accurate and complete information in response to these questions and that you will keep the information that you provide up to date. Company's use of such information shall be subject to the Privacy Policy located at www.rhodes101.com/privacy. As a condition of use of the Mobile App, you will be required to create an account that links the Mobile App to a Designated Bank Account. By setting up an account in the Mobile App and linking the Mobile App to your Designated Bank Account, you represent and warrant that you are the holder or authorized user of the Designated Bank Account and that such account is valid. You acknowledge and agree that use of the Mobile App and the Products and Services provided through the Mobile App is limited to Company's participating locations that have enabled use of the Mobile App. Company reserves the right to approve, deny or revoke your enrollment to use the Mobile App for any reason.
The Mobile App permits you to obtain and pay for Products and Services offered by the Company. The Mobile App contains a description of the various Products and Services offered through the Mobile App and directions for use of the Mobile App. For additional information, visit https://www.rhodes101.com/app/ or call 573-334-7733. The Company makes no representation or warranty that you will be able to use the Mobile App at any given location or that any given transaction will be able to be completed using the Mobile App. You agree that you will exercise reasonable care in safeguarding any device on which you have installed the Mobile App and keep your user name, password and personal identification number confidential and secure. You agree that you will notify the Company immediately if you believe that a fraudulent or unauthorized transaction has been conducted or if you become aware of any other breach of security relating to the Mobile App. Neither these Terms or your use of the Mobile App create any responsibilities in the Company to notify you or the issuer of your Designated Bank Account of fraudulent or unauthorized charge activity or to take any action on your behalf with respect thereto. You agree that use of the Mobile App is at your own risk and that you will not use the Mobile App while operating a vehicle. You also agree to follow any safety guidelines or warnings posted or made available (i) at the service/gas station at which you use the Mobile App and (ii) by your wireless carrier. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services as a result of your use of the Mobile App.
The Mobile App can be linked to your Designated Bank Account. By using the Mobile App, you authorize Company to initiate an ACH transfer request for the full amount of the transaction and any associated fees from your Designated Bank Account. You represent and warrant that you are the owner of and will maintain the Designated Bank Account and have sufficient funds in the Designated Bank Account for any and all purchases at the time of such purchase and at the time the ACH transfer request is made. You understand that an ACH transaction may take up to three (3) business days to post to the Designated Bank Account. Unless otherwise provided herein, Company will electronically re-initiate any returns (i) for insufficient funds; (ii) for uncollected funds; (iii) if the entry was returned for stopped payment and re-initiation was authorized by you; or (iv) if Company or any originating bank took corrective action to remedy the reason for any return.
If your payment is returned unpaid, you authorize Company to make a one-time electronic fund transfer from the Designated Bank Account to collect a fee equal to the amount assessed to Company by the depository bank.
You agree to be bound by all applicable National Automated Clearing House Association (NACHA) Operating Rules and any rules of the depository bank relating your Designated Bank Account.
When you use the Mobile App or send e-mails, text messages, and other communications from your desktop or mobile device, you may be communicating with Company electronically. You consent to receive communications from Company electronically such as e-mails, texts, mobile push notices, or notices and messages and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.
Company may suspend or terminate your rights in and to the Mobile App in Company's sole discretion, including without limitation, if a newer version of the Mobile App is available, to improve the Mobile App or Products and Services; to add or remove access to Products and Services available through the Mobile App; to improve ease of use for you or Company; to correct an error or bug; to prevent or discontinue harmful or improper access to the Mobile App; to prevent or discontinue unauthorized use of the Mobile App; to comply with a platform provider or governmental or regulatory authority request; or to comply with a statue or judicial order. Company reserves the right in their sole discretion, to add and remove features and capabilities from the Mobile App and to create limits on the use of the Mobile App, including without limitation, additional registration or verification requirements or geographic restrictions, at any time and without notice.
Company may modify, restrict or waive any of these Terms at any time. Your continued use of the Mobile App constitutes your acceptance of any changes to these Terms. You are responsible for remaining knowledgeable of any changes that Company makes to the Terms. The most current version of these Terms will be available through the Mobile App and will supersede all previous versions of these Terms.
You acknowledge and agree that Company and/or their licensors, affiliates, partners, agents, and successors own all legal right, title and interest in and to the Mobile App, and any software provided to you as a part of or in connection with the Mobile App, including any and all intellectual property rights that exist therein. You acknowledge that all use of the Mobile App and Products and Services is subject to the terms and conditions of the license and access provisions herein.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Mobile App and Products and Services. This license does not include any resale or commercial use of the Mobile App and Products and Services, or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Mobile App and Products and Services or their contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Company or their licensors, suppliers, publishers, rightsholders, or other content providers. Nothing may be duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing Company's name or trademarks without the express written consent of Company. You may not misuse the Mobile App or Products and Services. You may use the Mobile App and Products and Services only as permitted by law. The licenses granted by Company terminates if you do not comply with these Terms.
You understand that Company may include advertisements in the Mobile App or promote content in connection with your use of the Mobile App. Company does not have responsibility or liability for any advertisements or promotional offers of any third parties that may be provided. Any dealings you have with those advertisers while using the Mobile App or Products and Services are between you and the advertiser, and you agree that Company is not liable for any loss or claim that you may have against an advertiser. If Company provides links or pointers to other websites or destinations, you should not infer or assume that Company operates, control, or are otherwise connected with these other websites or destinations. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination.
You agree to indemnify, defend and hold harmless Company and it's subsidiaries and other affiliates, and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorney's fees, including without limitation attorney's fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: a. Your use of the Mobile App and/or Products and Services; b. Any breach or non-compliance by you of any of these Terms; c. Any dispute or litigation caused by your actions or omissions; or d. Your negligence or violation or alleged violation of any applicable law, regulation, or rights of third parties.
THE MOBILE APP AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE MOBILE APP OR THE PRODUCTS AND SERVICES WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE MOBILE APP OR PRODUCTS AND SERVICES WILL BE UNINTERRUPTED. YOUR USE OF THE MOBILE APP AND THE PRODUCTS AND SERVICES AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY RESULTING FROM THEIR USE.
TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MOBILE APP OR PRODUCTS AND SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING
These Terms shall be governed by and interpreted under the laws of the State of Missouri, without giving effect to the conflict of law provisions of any jurisdiction. You further agree that the Federal Arbitration Act applies to the dispute resolution procedures identified herein.
THIS SECTION CONTAINS MANDATORY DISPUTE RESOLUTION PROCEDURES. READ THIS SECTION CAREFULLY. Any dispute or claim relating in any way to your use of the Mobile App or the Products and Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent R. Michael Howard, 407 N. Kingshighway, Cape Girardeau, MO 63702. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You and Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Company each waive any right to a jury trial. You and Company also both agree that you or Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms together with any other terms and conditions or agreements referenced herein, constitutes the entire agreement between the parties concerning the subject matter hereof.