Terms of Use

LICENSE

(1)copy of the Application to your supported device, and access and use theServices, solely for your own personal and non-commercial use. You may not:(i)copy, modify or distribute the Application for any purpose; (ii) transfer,sublicense, lease, lend, rent or otherwise distribute the Application or theServices to anyone else; (iii) reverse-engineer, decompile or create derivativeworks of the Application or the Services; (iv) make the functionality of the Application or the Services available to multiple users through any means; (v) use multiple accounts per individual user per device; or (v) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. Furthermore, you agree that you will NOT use the Application to: upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; talk, harass, threaten or harm another; request personal or other information from a minor (any person under the age of 21 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, email address, or the names of the minor’s school, church, athletic team or friends; pretend to be anyone, or any entity, you are not, you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Service participant, an Apple employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (Apple reserves the right to reject or block any nickname which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity); plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities; No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Al’s Quick Stop Rewards or its licensors.

REGISTRATION

In order to access certain features of the Services, you have to “register” (create a “Profile”). To create an Account, you must be at least 21 years of age or older at the time of registration, to participate in the Program. If you are younger then 21 years of age, you are not permitted to participate in the program.

TERMINATION

access to the Application and the related services or any portion thereof at any time, without notice. Without limiting the foregoing, Al’s Quick Stop shall have the right to immediately terminate or suspend any of your passwords or accounts without notice, in the event of any conduct by you or which Al’s Quick Stop, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. Al’s Quick Stop may investigate any reported violation of its policies and complaints, and take any appropriate action it deems appropriate at any time, including without limitation, suspension or termination of access and/or use of the Licensed Application. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy any and all copies, full or partial, of the Licensed Application. In addition, Al’s Quick Stop may, in its sole discretion and at any time, discontinue providing or limit access to the Services (defined below). Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exist between you and Al’s Quick Stop as a result of this Agreement, or use of the Application.

DEALS AND REWARDS

Discounts and rewards may be made available to you in a variety of ways from participating third party businesses (Partners). Terms and conditions for each Deal or Reward are communicated by the Partner in the Fine Print located on the individual Deal or Reward detail screen.

REGISTRATION

In order to access certain features of the Services, you have to “register” (create a “Profile”). To create an Account, you must be at least 21 years of age or older at the time of registration, to participate in the Program. If you are younger then 21 years of age, you are not permitted to participate in the program.

ALERTS

As part of the Services we provide, you may receive push notifications, home screen alerts, text messages, emails or other types of messages directly sent to you outside or inside the Application (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through the phone’s operating system. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.

SERVICES; THIRD PARTY MATERIALS

and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and you accept any additional terms of service thereto. You must comply with any third party terms of agreement when using the Application or accessing such Services. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Al’s Quick Stop shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Al’s Quick Stop is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Al’s Quick Stop does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You bear all risks associated with your access and use of any Third Party Materials. Further, links to Third Party Materials do not imply endorsement by or affiliation of Al’s Quick Stop with any third party or any third party web site, products and/or services. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Alerts and/or notification data provided by any Services is for convenience only and you understand that multiple factors including network availability may affect notification data delivery, which is not guaranteed. Neither Al’s Quick Stop, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness location data or notification data displayed by any Services. YOUR USE OF ANY LOCATION DATA FOR REAL TIME ROUTE GUIDANCE IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. The Services may also provide access to Google Inc. (“Google”)’s Maps program. By using or accessing such Services, you agree to be bound by any of Google’s applicable terms of use or service. You agree that Services contain proprietary content, information and material, that is protected by applicable intellectual property and other laws, including without limitation copyright and that you will not use such proprietary content,information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Al’s Quick Stop is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to or from your device are not available in all languages or in all countries. Al’s Quick Stop makes no representation that such Services and materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Al’s Quick Stop, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Al’s Quick Stop be liable for the removal of or disabling of access to any such Services. Al’s Quick Stop may also impose limits on the use of or access to certain Services, in any case and without notice or liability. You understand that Al’s Quick Stop may offer integration of its own and/or with third party Services for your convenience. Further, you understand that Al’s Quick Stop is not affiliated with or otherwise sponsored by these third party services. Al’s Quick Stop makes no representation or warranty regarding, the activities, products and services of, updates to, or privacy practices of any third parties, which may differ from those of Al’s Quick Stop. The personal data you may choose to give to such third party Services are not covered by Al’s Quick Stop’ Privacy Policy. Some third party companies may choose to share their personal data with Al’s Quick Stop, in which case such data sharing shall be governed by that third party’s privacy policy. The personal data you may choose to give to Al’s Quick Stop by means of downloading the Application or maintaining an account with Al’s Quick Stop shall be governed by Al’s Quick.

SUBMISSIONS

All comments or materials submitted by you to Al’s Quick Stop, its affiliates, and licensors through the Services or Application, including without limitation, feedback, data, information, testimonials, images, reviews, questions, comments, ideas, suggestions, or concepts, know-how, techniques or methodologies contained within such content (collectively, “User Content”) shall be received and treated by Al’s Quick Stop, its affiliates and licensors, on a non-confidential and unrestricted basis. Further, by submitting such User Content, you hereby grant Al’s Quick Stop a non-exclusive, royalty free, perpetual, irrevocable license to use, copy, reproduce, modify, display, perform, distribute, adapt, promote, publish, edit, and translate, in any medium now known or later developed, the User Content, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such User Content. You agree that your User Content will not violate this Agreement or any third party rights, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary right, and that your User Content will not cause injury to any person or entity, or contain libelous or otherwise unlawful, threatening, abusive or obscene material, viruses, commercial solicitations, or any form of “spam.”

NO WARRANTY

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AL’S QUICK STOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, AL’S QUICK STOP MAKES NO WARRANTY THAT: (A) THE APPLICATION WILL MEET YOUR REQUIREMENTS; (B) THE APPLICATION WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) THE QUALITY OF THE APPLICATION WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS IN THE APPLICATION WILL BE CORRECTED. ANY SERVICES, SOFTWARE OR CONTENT ACCESSED, USED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE APPLICATION IS USED BY YOU AT YOUR OWN RISK. AL’S QUICK STOP SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE LICENSED APPLICATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AL’S QUICK STOP OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU FURTHER ACKNOWLEDGE THAT NEITHER APPLE NOR AL’S QUICK STOP HAS ANY OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AL’S QUICK STOP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR PERSONAL INJURY, ARISING OUT OF OR RELATED TO YOUR ACCESS TO, USE OR INABILITY TO USE THE APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AL’S QUICK STOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. In no event shall Al’s Quick Stop’ 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. Without limiting the generality of the foregoing, you acknowledge that Al’s Quick Stop, not Apple, is responsible for addressing any claims relating to the Application and your use or possession of the Licensed Application, including without limitation: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, FOR THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS OF USE ARE HELD TO BE LEGALLY INVALID, THEY SHALL ONLY APPLY TO THE EXTENT OF THEIR VALIDITY; FURTHER, ALL OTHER TERMS AND CONDITIONS SHALL APPLY AND REMAIN IN FULL FORCE AND EFFECT. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries, or countries that have been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. The Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Regardless of where you access or use the Licensed Application, you agree that any action at law or in equity arising out of or relating to this Agreement shall be filed and adjudicated only in the federal or state courts located in Middle District of Lackawanna County , Pennsylvania, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of this Agreement. Your use of the Application may also be subject to other local, state, national, or international laws.

LIABILITY

Copyrights and Trademarks. Except where otherwise specified, the contents of the Application are Copyright © 2011 Al’s Quick Stop Incorporated. All Rights Reserved. The Al’s Quick Stop name, marks, and logos are trademarks of Al’s Quick Stop Incorporated. You may not use or frame any Al’s Quick Stop name, trademark, logo or other proprietary materials or content, without Al’s Quick Stop’ prior written consent. All other trademarks, logos and service marks are the property of their respective owners. You acknowledge that, in the event of any third party claim that the Application or your use or possession of the Application infringes a third party’s intellectual property rights, Al’s Quick Stop, not Apple, will solely be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The contents of the Application are subject to protection under U.S. and foreign copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of the Application without the prior written consent of Al’s Quick Stop. Please direct any questions or comments to Al’s Quick Stop in the form of an email to: al@alsqstop.com or by mail at: AL’S QUICK STOP HEADQUARTERS. 1010 E DRINKER ST.DUNMORE, PA 18512 Indemnity. You agree to defend, indemnify and hold Al’s Quick Stop and its officers, directors, employees, agents and affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Licensed Application or your violation of this Agreement. Third Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.