bp has selected First National Bank of Omaha (FNBO®) to provide a new credit card program as part of an ongoing effort to offer cardholders more value and benefits. Please refer to communications from FNBO for updated information or click here for questions.
Cards are issued by First National Bank of Omaha, which is referred to below as “we”, “us”, “our”, and “FNBO®”.
PLEASE NOTE: If you apply for a credit card, you may receive a Platinum Edition® Visa® Card, a Visa Signature® Card, or we may decline to open an account for you. Eligibility for card products depends on the information provided in your application and your credit card history. The card you are approved for will determine your Visa benefits.
IMPORTANT RATE, FEE AND OTHER COST INFORMATION (SUMMARY OF CREDIT TERMS)
| Interest Rates and Interest Charges | |
| Annual Percentage Rate (APR) for Purchases | 31.99% when you open your account. |
| APR for Balance Transfers | 31.99%. |
| APR for Cash Advances | 29.99% |
| Penalty APR and When it Applies | None |
| How to Avoid Paying Interest on Purchases | Your due date is at least 21 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month.1 |
| Minimum Interest Charge | If you are charged interest, the charge will be no less than $1.75. |
| For Credit Card Tips from the Consumer Financial Protection Bureau | To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at www.consumerfinance.gov/learnmore. |
Fees |
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Set-up and Maintenance Fees
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Transaction Fees
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Penalty Fees
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How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases)”.
How We Will Calculate Your Minimum Payment: If your New Balance is less than $40, the minimum payment will be equal to your New Balance. If your New Balance is $40 or greater, the minimum payment will be the greater of (a) 2% of the New Balance or $40, whichever is larger; or (b) the current cycle fees and finance charges (except balance transfer fees) plus 1% of the New Balance (excluding current cycle fees and finance charges). Your minimum payment will also include any amount (i) past due and (ii) necessary to reduce your balance to your credit limit. Calculations will exclude disputed amounts. Balance transfer fees will be part of your Balance Transfers Balance Category, unless we specify otherwise.
1 We will begin charging interest on cash advances and balance transfers on the transaction date. Your account will generally have monthly billing cycles. However, your first billing cycle may be more or less than one month.
IMPORTANT NOTICE REGARDING CHANGES IN TERMS. We may change the APRs, rates, fees, costs, and other terms of your account subject to, and as allowed by, applicable law.
Payments on your account will be generally applied as follows: (a) the minimum payment amount will be applied to balances with the lowest APRs before balances with higher APRs; and (b) any amount you pay in excess of the minimum payment will be applied to balances with the highest APRs before balances with lower APRs.
BALANCE TRANSFERS: You authorize us to make each balance transfer you request. Each company you request us to pay and each balance transfer request may be treated as a separate balance transfer transaction. Each balance transfer is subject to our approval and we are not liable if we do not make any balance transfer you request. We reserve the right to make balance transfers in the order we select and to limit the amount of the balance transfers that we make (this amount may be less than your total credit limit). If you ask for a balance transfer and we do not approve the full amount, we may either pay only part of the amount you asked for or decline your request. You may not transfer balances from other accounts you have with us or our related companies. In addition, we may not process a balance transfer request if it is incomplete, illegible or written to cash. Each balance transfer is subject to applicable fees and finance charges and does not have the benefit of an interest-free (grace) period. Please consider the following when asking for a balance transfer: (a) To protect your rights, you should not transfer any amount that you dispute, (b) you should continue to make all payments due on the other accounts until you receive notice from them that they have been paid in full, (c) you are liable for any late payments, finance charges or disputed amounts on your other accounts, and (d) if you want your other accounts closed following a balance transfer, you are responsible for doing so.
CREDIT REPORTS: By applying for this account, you agree that FNBO may obtain credit reports for purposes of processing your application and for later purposes related to your account such as reviewing, updating and renewing it, increasing the credit line and collecting. If you request, you will be informed of whether or not a credit report was requested and of the name and address of the consumer reporting agency that furnished the report. You also authorize FNBO to verify your employment, income and other relevant information.
NOTICE TO CARDMEMBERS AND AUTHORIZED USERS: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Married applicants may apply for separate accounts in their own names.
OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
NOTICE TO MARRIED WISCONSIN APPLICANTS: No provision of any marital property agreement, unilateral statement or court decree adversely affects our interests and/or rights unless, prior to the time the credit is granted or an open-end credit plan is entered into, we are furnished with a copy of the agreement, statement, or decree, or have actual knowledge of the adverse provision. Married Wisconsin residents applying for credit separately must furnish name and address of their spouse to FNBO at P.O. Box 3437, Omaha, NE 68172-9981.
CALIFORNIA RESIDENTS: The applicant, if married, may apply for a separate account. After credit approval, each applicant shall have the right to use this account to the extent of any credit limit set by the creditor and each applicant may be liable for all amounts of credit extended under this account to each joint applicant.
NEW YORK RESIDENTS may contact the New York State Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees and grace periods. New York State Department of Financial Services: 1-800-342-3736 and “www.dfs.ny.gov”.
ARBITRATION NOTICE: You understand that any Cardmember Agreement you receive will contain an arbitration provision that may substantially limit your rights in the event of a dispute, including your right to litigate in court or have a jury trial, discovery and appeal rights, and the right to participate in court or in arbitration as a representative or member of a class action. Please review the Cardmember Agreement and its arbitration provision carefully before you use or allow someone else to use an account.
The arbitration provision will not apply to you if, at the time your account is opened, you are a covered borrower under the Military Lending Act and U.S. Department of Defense regulations (32 C.F.R. pt. 232). For example, you would generally be a covered borrower if, at the time your account is opened, you are: (1) a member of the U.S. armed forces on active duty under a call or order not specifying a period of 30 days or less; (2) an active Guard or Reserve; or (3) a spouse or dependent of a person who qualifies under (1) or (2).
IMPORTANT REWARDS PROGRAM INFORMATION
BP REWARDS VISA® PROGRAM TERMS AND CONDITIONS SUMMARY
Please read this Terms and Conditions Summary for important information about the bp rewards Visa® Program (the “Program”). First National Bank of Omaha, is referred to below as “we,” “us,” “our” and “FNBO®”. FNBO is the issuer of the Credit Card account(s) (“Account”) and the sponsor of the Program. The Program is dependent on the participation and cooperation of BP Products North America Inc. (referred to as “BP”). If you become an approved cardmember and you are not already a member of BP’s earnify™ program ("earnify"), we will share your name, email, and phone number with BP so BP can begin your enrollment in earnify. You will not become a member of earnify or start earning earnify bonus offers unless you set a password and complete your registration. BP is solely responsible for the rules and administration of earnify, which is governed by separate terms and conditions found at https://www.bp.com/en_us/united-states/home/products-and-services/earnify/earnify-terms-and-conditions.html. BP’s privacy policy can be found at https://www.bp.com/en_us/united-states/home/privacy-statement.html.
Complete Program Terms and Conditions (including additional limitations and restrictions) will be provided to you if you become an approved cardmember.
| EARN A DISCOUNT ON BP FUEL PURCHASES | Earn an immediate $0.15 per gallon price reduction on BP Fuel Purchases posted to the Account on or after the Enrollment Date in the Program. |
| EARN POINTS | Earn 5 points (equal to 5% back) for each $1.00 of BP In-Store Purchases posted to the Account. NOTE: BP Fuel Purchases will not earn points.* |
| Earn 3 points (equal to 3% back) for each $1.00 of Grocery Purchases or Dining Purchases posted to the Account. | |
| Earn 1 point (equal to 1% back) for each $1.00 of Net Purchases posted to the Account that is not from a BP In-Store Purchase, BP Fuel Purchase, Grocery Purchase, or Dining Purchase. | |
| ANNUAL PROGRAM FEE | There is no annual Program fee. However, please review the “Fees” Section in this Summary of Credit Terms for information on possible annual or monthly set-up and maintenance fees associated with the Account. |
| LIMIT ON POINTS EARNED | There is no limit on the number of points that can be earned, but if we offer bonus points, we may limit the number of bonus points awarded for certain purchases and/or promotions. |
| POINT EXPIRATION | Points are redeemed on a first-in, first-out basis and points will expire on or after the fifth anniversary of when they were awarded. |
| POINT FORFEITURE | If the Account is closed for any reason, enrollment in the Program will be terminated and any accumulated points will be forfeited. |
| POINT REDEMPTION | Points can be redeemed for (collectively, the “Rewards”):
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| REDEMPTION REQUESTS | Available 24/7 through online access or toll-free customer service during hours of operation; additional information about redemption will be provided if you become a cardmember |
ENROLLMENT: To participate in the Program, the Account must be open. The “Enrollment Date” is the date the Account is opened or, if later, the date enrollment in the Program is completed. Program membership will be automatically renewed each year with the Terms and Conditions and the fees, if any, then in effect, until we are notified that the card is being cancelled or enrollment in the Program is terminated as otherwise permitted by these Terms and Conditions.
NET PURCHASES: “Net Purchases” are authorized, new purchases posted to the Account on or after the Enrollment Date, excluding refunds, credits (for returned merchandise or otherwise), and disputed billing items. Net Purchases do not include: (a) annual fees, finance charges, and other fees or charges posted by us to the Account; (b) cash advances (including, but not limited to, purchases of money orders or other cash equivalents) or special check transactions; (c) balance transfers; (d) charges for other products, services, or benefits that we provide; or (e) other transactions that we determine not to be eligible. “BP In-Store Purchases” are Net Purchases that are (a) in-store purchases (not of gasoline or diesel), including in-store purchases of car washes, or outside purchases of car washes made directly at the car wash teller or at the pump; (b) made at participating BP locations; and (c) posted to the Account on or after enrollment in the Program. “BP Fuel Purchases” are purchases of (a) gasoline or diesel only; (b) made at a participating BP location, and (c) paid for at the fuel pump or in-store using only the Account. The $0.15 per gallon price reduction on BP Fuel Purchases includes a $0.05 per gallon price reduction from BP in addition to a $0.10 price reduction from the Program. Discontinuing or failing to complete your earnify membership will not impact your ability to obtain the full $0.15 per gallon price reduction. *NOTE: BP Fuel Purchases using a mobile wallet (such as Apple Pay®) will not receive a price reduction, but instead will be treated as Net Purchases and earn 1 point per $1.00 spent, if payment system infrastructure is not in place to provide the price reduction instead of points.
“Grocery Purchases” are Net Purchases made at any merchant whose merchant category code (“MCC”) is classified by the payment card industry as “Grocery Stores and Supermarkets” (MCC 5411), “Freezer and Locker Meat Provisioners” (MCC 5422), “Candy, Nut, and Confectionary Store” (MCC 5441), “Dairy Products Stores” (MCC 5451), “Bakeries” (MCC 5462), “Misc. Food Stores, Convenience Stores and Specialty Markets” (MCC 5499), or “Package Stores – Beer, Wine, and Liquor” (MCC 5921). Merchants that sell grocery items may not necessarily have one of these MCCs.
“Dining Purchases” are Net Purchases made at any merchant whose merchant category code (“MCC”) is classified by the payment card industry as “Caterers” (MCC 5811), “Eating Places and Restaurants” (MCC 5812), “Drinking Places (Alcoholic Beverages) - Bars, Taverns, Cocktail Lounges, Nightclubs and Discotheques” (MCC 5813), "Fast Food Restaurants” (MCC 5814). The MCC is a four-digit code used by the payment card industry to classify a merchant’s primary business. Some merchants may have multiple MCCs (even within the same retail location) and some merchants might be expected to be classified into one of the MCCs identified above, but they may not be classified as such. This could affect whether purchases made from such merchants will qualify as Grocery Purchases, Dining Purchases, or other Net Purchases and, as a result, how many points will be earned on such transactions. We do not assign MCCs to merchants and we are not responsible for confirming or monitoring the MCC assignments made by the payment card networks. We reserve the right to determine, in our sole discretion, whether transactions qualify as BP In-Store Purchases, BP Fuel Purchases, Grocery Purchases, Dining Purchases, or Net Purchases, and our determinations shall be final.
POINTS: Points are not earned in the Program until they appear on the Account billing statement. Points may be deducted for awards based on purchases that are subsequently subject to a refund, credit, or dispute, which could result in a negative point balance. We reserve the right to retroactively correct errors made in point awards. Points will not be earned if the Account cannot be used for new purchases or participation in the Program has been suspended. If a credit card is reported lost or stolen, we will temporarily suspend our awarding of points in the Program until a new card is issued. At our sole discretion, we may award additional bonus points in connection with certain purchases and/or promotions. Additional details and additional terms and conditions will be provided with such offers and are in addition to the Program Terms and Conditions unless otherwise specified therein. We reserve the right to determine which Net Purchases are eligible for bonus points.
REWARDS AND REDEMPTION: Point redemption may be subject to shipping, handling, or other fees. Redemption requests are subject to point balance verification. Upon verification of the point balance, if the Account does not have enough points to redeem for a particular Reward, the Reward may still be obtained by redeeming at least 1,000 points toward the Reward and then paying the balance owed for the Reward with a credit card. If a credit card is reported lost or stolen, the ability to redeem points will be temporarily suspended until a new card is issued.
CASH BACK: Only points can be used to redeem for cash back, not a combination of points and a credit card. Cash back is redeemable in denominations of $25, $50, $100, $250, and $1,000. Cash back in the form of a statement credit will be applied as a credit to the Account. While cash back in the form of a statement credit will be applied as a credit to the Account, the regular monthly minimum payments shown on the Account billing statements must still be made.
We are not responsible for replacing lost, stolen, or destroyed checks. Checks that have not been cashed and cleared within 120 days after the issue date will become void and the money received as a Reward will be credited to the Account as a statement credit.
For all checking and savings account ACH deposit cash back redemptions, the correct account number must be provided in the redemption form in order for the amount requested to be deposited accordingly. If an ACH deposit is rejected, the redemption will be reversed and the points will be added back to the rewards balance associated with the Account.
We may change or terminate the Program in our discretion at any time with or without prior notice to you except where required by law.
Apple Pay is a registered trademark of Apple Inc. Visa and Visa Signature are registered trademarks of Visa International Service Association and used under license.
Discount codes may be redeemed for fuel purchases at participating BP locations in the United States. Discount valid on a maximum of twenty (20) gallons and must be used in one transaction. Rewards are nontransferable. No cash back or cash value. No service fees. BP is not responsible for and will not replace lost, stolen or destroyed codes. Use of this code constitutes acceptance of the terms and conditions accompanying this code. This reward may not be combined with other discounts, offers or promotions, or with BPme Rewards, BP Visa Credit Card or BP Credit Card rewards. Not for retail sale. Rewards are issued for promotional and/or loyalty purposes only and unused rewards are automatically forfeited after their expiration date.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. By replying Y, you are agreeing to the following terms and conditions, including agreeing to submit all disputes with BP to binding, individual arbitration.
By agreeing to these Terms and Conditions, you are agreeing to receive recurring autodialed marketing text messages at the mobile number that you provided at opt-in. Your consent to receive such text messages is not a condition of purchasing property, goods, and services, and you may elect not to provide consent. Message & data rates may apply. If you would like to be removed from the BP text list, text STOP to 38831 to opt-out. After texting STOP to 38831 you will receive one additional message confirming that your request has been processed. Text HELP to 38831 for help or contact customer care.
In the event that you change or deactivate your mobile number it is your responsibility to notify BP to have your number removed. The Wireless carriers are not liable for delayed or undelivered messages.
Additionally, BP reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program. We will notify you via text if we change the frequency and provide you with the opportunity to opt out.
View our privacy policy online.
Please read this carefully. It affects your rights.
You and BP each agree that any and all disputes or claims in any way relating to or concerning this Agreement or any BP products or services will be resolved by binding individual arbitration.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. This Agreement evidences a transaction in interstate commerce, and thus, you and BP hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association using its Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, an arbitrator or arbitrators can award on an individual basis the same damages and relief (including any attorneys’ fees) as a court. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND BP AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and BP are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. BP, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent at Suite 900, 30 S Wacker Drive, Chicago, IL 60606 to begin arbitration. The arbitration of all disputes will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is commenced. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration of all disputes will be conducted by a single arbitrator who shall be appointed by the AAA according to its rules. Upon filing of the arbitration demand, BP will pay or reimburse all filing, administration, and arbitrator fees.
We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Illinois.
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
These terms and conditions are subject to change at any time without notice.
(November 2023)
These terms and conditions, including any terms incorporated herein by reference (collectively, the “Terms”) constitute a binding agreement between you and BP Products North America Inc. (together with its affiliates, successors, assigns and subsidiaries, which BP now owns or may own in the future (referred to collectively herein as “BP”, “us” or “we”) relating to your use of any earnify platform (“earnify”) and associated Service (as defined below).
The “Service” includes earnify, which is a Program that permits registered users to earn rewards, and receive other promotions and offers, (collectively “earnify”). The Service also includes the earnify App, which allows users to register valid qualifying “Payment Cards,” the form of which will be allowed at BP’s discretion, into the earnify App and to use such Payment Cards to complete certain Payment Card related transactions at participating locations (“BP/amoco Locations”) and/or to receive rewards and other benefits on purchased items pursuant to earnify. The Service may include any other promotion, app, or program BP may at its discretion decide to use, incorporate, or implement as part of earnify now or in the future. The Service is provided to you by BP and may be powered by a third party mobile technology solution.
PLEASE READ THESE TERMS CAREFULLY - Use of earnify, the Service or any other service provided through earnify constitutes acceptance of these Terms and you agree to be bound by these Terms. You represent and warrant that you are over sixteen (16) years of age, have a legal residence in the United States and that you are capable of entering into a legally binding agreement. If you are between sixteen (16) and eighteen (18) years of age, you may only use earnify and Services under the supervision of your parent or legal guardian who agrees to be bound by these Terms. Your right to use earnify and the Service 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 earnify or Service and you should delete earnify immediately and discontinue any access to or use of the Service. In the Terms, “you” or “Your” means all persons responsible for complying with these Terms, including any persons that you authorize to use earnify, the Service or your account.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES WITH BP. PLEASE READ IT CAREFULLY. IT IS CONTAINED IN SECTION 22 BELOW.
Payment: When creating your user account for the earnify app, you will be given an opportunity to input information for one or more of your credit cards into the earnify app. You may select to link one or more of these stored credit cards to your earnify app user account. Upon making this selection, transactions made using the earnify app at participating BP and Amoco service stations will be charged to your designated credit card, as applicable. Activation of this feature on the earnify app constitutes your authorization of all purchases made from your mobile device using the earnify app.
The earnify app will not accept all credit cards. In addition, BP reserves the right to change, from time to time, the credit cards which may be linked to your account through the earnify app. BP further reserves the right to disable any credit cards already linked to your account at any time and for any reason.
Authority: When you provide a payment credential to us, you authorize the earnify app to collect and store that payment credential, along with other related transaction information. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the payment credential you designate for the transaction.
earnify Mobile Wallet: When you add a valid payment card to the earnify app upon registration and enrollment in the earnify Program, all fuel purchases made using these payment cards within the earnify app will qualify for earnify. A single valid payment card can be added to multiple earnify mobile wallets. BP reserves the right, in its sole discretion, to decline any transaction with such card, or deactivate such card from your earnify mobile wallet, in the event BP believes there has been any fraudulent activity on such card or such card is reported lost or stolen.
Please note that if you use an Apple Pay wallet that is provisioned with a bp rewards Visa® credit card, you will not receive a cent per gallon reward at the pump. Instead, you will receive 1% Cash Back Rewards on those fuel purchases. If you wish to receive a cent per gallon reward at the pump when using a bp rewards Visa®, you must provision your bp rewards Visa® directly to your BPme account and use that to pay instead of Apple Pay.
When you add a valid Payment Card to the earnify App upon registration and enrollment in earnify, you may have the option to link that Payment Card to your earnify account. Qualified purchases made through such Payment Card both through the earnify app and outside of the earnify app (e.g., at the pump, inside the store, etc.) will qualify for earnify. Should you remove a payment card from the earnify app, such card will automatically be unlinked from your earnify program account.
Should you add a valid bp rewards Visa®, to your earnify mobile wallet, qualifying purchases made on the bp rewards Visa® shall qualify for both Rewards and any other reward programs available through the bp rewards Visa® which such purchases may apply, subject to all applicable terms and conditions. bp rewards Visa® reward program terms and conditions which may be found at https://www.bp.com/en_us/united-states/home/terms-and-conditions.html#tab_credit-cards Limit: one (1) bp rewards Visa® per earnify mobile wallet account.
By enrolling in earnify, and agree to receive SMS or MMS marketing messages from BP. Message frequency varies by user. Message and data rates may apply. To opt out of the earnify messaging program, send the word STOP to 38831 at any time. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive text messages is not required to make a purchase. For help or information on this program, send HELP to 38831. By subscribing to earnify the user consents to receive automated text messages from BP and its affiliates, other parties within BP, and Sponsors and their affiliates.
There is no fee from earnify to receive messages. Message & data rates may apply – this can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account. Consent is not a requirement for purchase.
Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us. Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery. The wireless carrier does not guarantee that alerts will be delivered and will not be held liable for delayed or undelivered messages.
For information on data collection and use, please read BP’s Privacy Policy.
We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator.
Oklahoma residents: By executing the agreement, you authorize the person making or allowing the placement of a telephonic sales call to deliver or cause to be delivered a telephonic sales call to you using an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called; and you are not required to directly or indirectly sign the written agreement or to agree to enter into such an agreement as a condition of purchasing any property, goods, or services.
BP is not responsible for any tax liability related to earnify or the Service. Any disputes concerning earnify or the Service will not affect your payment obligations for your fuel purchases. We are not responsible for any disputes among you or any authorized users relating to earnify or the Service.
BP makes no guarantees, warranties or representations of any kind concerning earnify or the Service. You release BP and its affiliates and partners from liability regarding or connected to any earning, redemption and use of Rewards, including, without limitation, any Rewards that, after receipt, may be lost, stolen or destroyed.
You acknowledge and agree that you have no ownership rights in your earnify account. You further acknowledge and agree that you have no third-party beneficiary rights in any agreement between us and any Sponsor, and that the only relationship created by these Terms is one between you and us.
earnify or the Service are void where prohibited by federal, state or local law or regulations and in the State of California. These set forth all the terms of earnify or the Service. BP has no other obligation with respect to the earnify or the Service beyond those described in these Terms.
To review your earnify accumulation, redemption and expiration status, please log in to your account on the earnify app.
Except as otherwise required by U.S. federal law, you acknowledge and agree that we may provide any notice permitted or required under these Terms via mail, email, posting on our website, SMS, in-app or push notification, or any other reasonable means. By using earnify, you acknowledge and agree that we may communicate with you regarding earnify or the Service. electronically. These communications will include notices about your account (e.g., change in password or Payment Card, confirmation e-mails, and other transactional information) and/or notices about special offers, news and information related to earnify. These communications are part of your relationship with BP. Such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
BP may suspend or terminate your rights in and to earnify or the Service or any other services accessible through earnify, at any time, with or without notice, in BP’s sole discretion including, without limitation, if a newer version of earnify or a service thereof is available, to improve the earnify Program, earnify App or the Service or any functionality thereof; to add or remove your access to a service accessible through earnify; to improve ease of use for you or BP; to correct an error or bug; to prevent or discontinue harmful or improper access to earnify or the Service ; to prevent or discontinue unauthorized use of the earnify or the Service ; to comply with a platform provider or governmental or regulatory authority request; or to comply with a statue or judicial order. We may provide notice to you of such changes or any suspension or modification to the extent required by applicable U.S. law.
BP reserves the right, at our sole discretion, to add and remove features and capabilities from earnify or the Service and to create limits on the use of earnify or the Service, including, without limitation, additional registration or verification requirements or geographic restrictions, at any time and without notice.
BP may, with or without notice and in its sole discretion, modify, restrict or waive any of these Terms at any time. Your continued use of earnify or the Service constitutes your acceptance of any changes to these Terms. You are responsible for remaining knowledgeable of any changes that BP makes to the Terms. The most current version of these Terms will be available on the BP website and will supersede all previous versions of these Terms.
BP may, with or without notice and in its sole discretion, terminate or suspend earnify or the Service at any time.
You acknowledge and agree that BP and/or its licensors, affiliates, partners, agents, and successors own all legal right, title and interest in and to earnify or the Service, and any software provided to you as a part of or in connection therewith, including any and all intellectual property rights that exist therein. You acknowledge that all use of earnify or the Service is subject to the terms and conditions of the earnify End User License Agreement accepted by you upon download of earnify to your device, which is incorporated herein by this reference.
You understand that BP may include services, materials or goods advertised, promoted, sold or otherwise made available through a third party in earnify or the Service or promote content in connection with your use of earnify. BP does not have responsibility or liability for such advertisements or promotional offers of any third parties that may be provided. Any dealings you have with those third party advertisers while using earnify or the Service are between you and the third party advertiser, and you agree that BP is not liable for any loss or claim that you may have against such advertiser. If we provide links or pointers to other websites or destinations, you acknowledge and agree that BP does not operate, control, or have any other connection 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 using such website or destination and prior to you providing any confidential information or engaging in any transactions. You should not rely on these Terms to govern your use of another website or destination.
Should you send any submissions, suggestions, ideas, or feedback, whether related to earnify or the Service or otherwise (“Feedback”), you acknowledge and agree that any Feedback is given voluntarily, and the BP is free to use, disclose, reproduce, license or otherwise distribute, and exploit Feedback provided to it as it sees fit, without obligation or restriction of any kind, and no consideration or acknowledgement of any sort will be provided to you Further, you hereby irrevocably and forever release and waive any claim against BP and its affiliates regarding the use of any Feedback for any purpose.
These Terms shall continue in full force and effect until terminated by us or you as provided herein. You may terminate these Terms for convenience at any time by deleting earnify from all devices that you own or control. BP may terminate these Terms for convenience at any time upon notice to you. Notwithstanding the foregoing, with respect to you, these Terms shall terminate without any further action needing to be taken by BP upon any breach by you of these Terms. Upon the termination of these Terms for any reason whatsoever all licenses granted hereunder shall immediately terminate and you shall immediately cease and desist from all access to and use of the earnify or the Service, and shall immediately delete earnify from all devices that you own or control. For the avoidance of doubt, notwithstanding any termination of these Terms, you remain liable for all use of earnify or the Service through any device you own or control, including any transactions initiated through such use. The terms set forth in the following paragraphs of these Terms shall survive the termination for any reason: “INTELLECTUAL PROPERTY”; “INDEMNIFICATION”; “DISCLAIMER OF WARRANTIES”; “LIMITATION OF LIABILITY”; “CHOICE OF LAW”, “DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS ACTION WAIVER” and “ENTIRE AGREEMENT.”
You agree to indemnify, defend and hold harmless BP and their subsidiaries and other affiliates, and its 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 without limitation attorney’s fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
Disclaimer. EARNIFY AND THE SERVICE 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-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE EARNIFY PROGRAM, EARNIFY APP OR THE SERVICE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. YOUR USE OF EARNIFY OR THE SERVICE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH EARNIFY THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY RESULTING FROM THEIR USE.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BP OR ANY OF ITS CONTRACTORS OR PROVIDERS, OR ANY OF EACH OF THEIR AFFILIATES AND SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE EARNIFY OR THE SERVICE , INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, THE LIABILITY OF BP OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OF OR INABILITY TO USE EARNIFY OR THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THE SERVICE. [NOTE: What are the possible fees for the service?]
Notice for California Users. Under California Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms are governed by and construed in accordance with the laws of the State of Illinois, excluding that body of laws pertaining to conflict of laws. If any provision of these Terms is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS.
YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER AND CLASS ACTION WAIVER) WITHIN THIRTY (30) DAYS OF ACCEPTANCE OF THESE TERMS, IF YOU FOLLOW THE PROCEDURES SET FORTH IN THIS SECTION 22. OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH BP THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
YOU AND BP AGREE TO ARBITRATE – RATHER THAN LITIGATE IN COURT – any and all claims or disputes between us (including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of BP) that are connected to, arise out of, or in any way relate to these Terms, earnify, or the Service. Notwithstanding this agreement to arbitrate, you and BP may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court's jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency authorized by law to hear the claims.
Opt Out: You may opt out of this dispute resolution provision (except jury trial waiver and class action waiver) by notifying BP in writing of that intent within thirty (30) days after acceptance of these Terms by sending a letter stating that you are opting out of this dispute resolution provision to BP at via U.S. mail to 30 S. Wacker Drive, Ste. 900, Chicago, IL 60606. Exercising this right, should you choose to do so, will not affect any of the terms of your agreement with BP. If you opt out of the dispute resolution provision, that opt out will remain in effect if BP modifies this section in the future.
Class Action Waiver: You and BP agree that all claims or disputes between you and BP will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or BP brings a claim in small claims court, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor BP may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or BP. Both parties agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this Section 22 will not apply to any claim or dispute between you and BP, except for the provisions waiving the right to jury trial. This class action waiver may not be severed from our arbitration agreement.
Arbitrator Authority: The arbitration between you and BP will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by these Terms. You and BP agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with BP. Review of arbitration decisions in the courts is very limited.
Arbitration Procedures: You and BP agree that these Terms affect interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association ("AAA"). The AAA's rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA's rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to BP via U.S. mail to 30 S. Wacker Drive, Ste. 900, Chicago, IL 60606. You must also comply with the AAA's rules regarding initiation of arbitration. BP will pay all filing fees and costs for commencement of an arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to these Terms or applicable law. BP will not seek to recover its fees and costs from you in the arbitration, even if allowed under the law, unless your claim has been determined to be frivolous. If you are successful in the arbitration, BP will pay your reasonable attorneys’ fees and costs. The arbitration will be held in a mutually convenient location.
Jury Trial and Class Action Waiver Where Arbitration Does Not Apply: If for any reason this arbitration agreement is found to be unenforceable, inapplicable, or if you opt out of this dispute resolution agreement, you and BP expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a judge rather than a jury will decide disputes between you and BP if, for any reason, the arbitration agreement is not enforced. You further agree that in any claims or disputes between you and BP there will be no class, representative, or consolidated actions and neither you nor BP may participate in a class or representative action as a class member.
Survival: This dispute resolution provision survives the termination of these Terms with BP. If you bring a claim against BP after termination of these Terms that is based in whole or in part on events, act or omissions that occurred while you were a BP customer, this dispute resolution provision shall apply.
You understand that the terms of any agreement between you and the Payment Card issuer will continue to apply to your use of such Payment Card through earnify.
Except as expressly set forth herein, you may not sell, assign or transfer any Service or other benefit you receive, any other aspect of your earnify or the Service account, or any of your rights or obligations under these Terms, whether by operation of law or otherwise. We may sell, transfer, or assign the earnify or the Service account, in whole or in part, at any time, without notice to you. If we make such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and we will be released from any responsibilities or obligations.
These Terms together with any other terms and conditions, policies or agreements referenced herein, constitutes the sole and entire agreement between the parties concerning the subject matter hereof. You also expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation or warranty by BP that is not expressly stated in these Terms.
These Terms and Conditions, including BP’s Privacy Policy, and any other terms incorporated herein by reference (collectively, “bp pulse Terms”) constitute an agreement between you and BP Products North America Inc. (together with its affiliates and subsidiaries, collectively, “bp”, “BP”, “we”, “our” or “us”) relating to your participation in the bp pulse App (“Bp pulse”). In these bp pulse Terms, “you” or “your” means you and any persons that you authorize to use the bp pulse app or your account.
Please read these bp pulse Terms carefully, because they affect your legal rights, including an agreement to resolve any disputes that may arise between you and bp through arbitration on an individual basis instead of by class actions or jury trials. By accessing or downloading the bp pulse app, you agree to be bound by these bp pulse Terms. Your right to participate in bp pulse is conditioned upon your acceptance and compliance with these bp pulse Terms. If you do not agree to be bound by these bp pulse Terms, you are not authorized to participate in the bp pulse Program.
NOTE: THESE BP PULSE TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES WITH BP. PLEASE READ IT CAREFULLY. IT IS CONTAINED IN SECTION 23 BELOW.
To be eligible to download the bp pulse App you must be at least eighteen (18) years of age and have a residence in the United States. If you are under the age of majority in your home jurisdiction, you may only use the bp pulse under the supervision of a parent or legal guardian who agrees to be bound by these bp pulse Terms. bp may change these eligibility requirements at any time, with or without notice, and reserves the right to refuse download to any user for any reason, in its sole discretion.
You may download bp pulse app on your phone’s App Store or Google Play free of charge. Once you have downloaded the app, you will: (i) accept these bp pulse Terms, (ii) create an account; and (iii) provide a valid linked Payment Card if you wish. bp pulse permits you to register valid qualifying debit, credit, private label credit, EFT, and/or other payment cards or credentials, excluding gift cards (each, a “Payment Card”). Your Payment Card will never be charged unless and until you authorize payment at a participating EV charging station. You are not required to enter a Payment Card to use bp pulse. pulse is true and accurate, and you agree to update such information, as necessary to maintain its truth and accuracy. bp reserves the right to suspend or terminate your account at any time for any reason, with or without notice, in its sole discretion.
By downloading bp pulse, you will have access to the app features which include helping you identify available EV charging stations throughout your area. The app will also allow you to see the current price/rate/fees to charge, start and stop the charge, and pay for your EV charging at participating EV charging stations through the linked Payment Card on your account and view your history of charging via the app. bp reserves the right to edit the features available to you at any time in its sole discretion.
BP makes no representation or warranty that any EV service will be available at participating EV stations listed in the bp pulse App or that any given transaction will be able to be completed using bp pulse. Since bp is not the issuer of any Payment Card, bp is not responsible for determining whether any transaction initiated by you will be approved. For questions concerning your Payment Card or transactions on your Payment Card account, you must contact your issuer using the contact information provided by the issuer to you.
Bp pulse will offer an extended network of EV chargers through roaming agreements. BP is not responsible for the prices set at these extended chargers.
By downloading bp pulse, you authorize bp to collect information about your registration and your account activity, which may include, without limitation, EV charging stations visited, frequency of visits, or any other information related to any transactions connected with bp pulse. Use of such information, including, without limitation, for marketing purposes, shall be subject to BP’s Privacy Policy, which may be updated from time to time, in bp’s sole discretion. You authorize bp to monitor your bp pulse account activity. bp has the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your account or any of your activities relating to the bp pulse, and you agree to cooperate with any such action or investigation. If you are engaged in any improper activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages.
For further information on the personal information bp collects, its purpose for using such information and any rights you have as a consumer regarding this information, please see bp’s Privacy Policy, here.
It is your responsibility to update your Payment Card on the bp pulse app to be able to successfully complete an EV charge at participating stations. bp is not responsible for any declined transactions based on outdated Payment Card information. For some Payment Cards, the issuer may charge you certain fees, such as transaction fees or other fees relating to the processing of your Payment Card. Check with your Payment Card service provider for details, and you are responsible and authorize any such fees or charges.
You must promptly notify bp if you become aware of a potential breach of security, such as the loss, theft, or unauthorized disclosure or use of your Payment Card, account, username, or password. Changes to your Payment Card can be made by you at any time within the bp pulse app.
You agree that you will exercise reasonable care in safeguarding any device on which you use the bp pulse App and keep your login credentials confidential and secure, and that you will notify bp 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 bp pulse. Notwithstanding the foregoing, you acknowledge that your rights with respect to, and the procedures that you must follow for resolution of, fraudulent or unauthorized charges to your Payment Card account are as set forth in your agreement with the issuer of your Payment Card. These bp pulse Terms do not create any responsibility of bp to notify your issuer of fraudulent or unauthorized charge activity or to take any action on your behalf with respect thereto.
You agree that your use of the bp pulse App is at your own risk and that you will not use the bp pulse App while operating a vehicle (also known as distracted driving). You also agree to follow safety guidelines or warnings posted or made available (i) at the service EV station/gas station at which you use your bp pulse App and (ii) by your wireless carrier.
Except as otherwise required by law, you acknowledge and agree that bp may provide any notice permitted or required under these bp pulse Terms via mail, email, posting on our website, SMS, in-app or push notification, or any other reasonable means. By using the bp pulse App, you acknowledge and agree that bp may communicate with you regarding bp pulse electronically. These communications will include notices about your account and are part of your relationship with bp. Such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
Notice for California Users. Under California Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
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 bp pulse App, or any other services provided through the bp pulse App.
bp is not responsible for any your tax liability related to bp pulse. bp is not responsible for any disputes among you or any of your authorized users relating to the bp pulse App.
You understand that bp may include services, materials, or goods advertised, promoted, sold, or otherwise made available through a third party in bp pulse or promote content in connection with your use of the bp pulse App. bp does not have responsibility or liability for such advertisements or promotional offers of any third parties that may be provided. Any dealings you have with those third-party advertisers are between you and the third party advertiser, and you agree that bp is not liable for any loss or claim that you may have against such advertiser. If bp provides links or pointers to other third-party websites or destinations, you acknowledge and agree that bp does not operate, control, or have any other connection 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 using such website or destination and prior to you providing any confidential information or engaging in any transactions. You should not rely on these bp pulse Terms to govern your use of another website or destination.
bp may suspend or terminate your rights in and to bp pulse at any time, with or without notice, in bp’s sole discretion including, without limitation, if a newer version of the bp pulse App or a service thereof is available, to improve the bp pulse, or any functionality thereof; to add or remove your access to a service accessible through the bp pulse App; to improve ease of use for you or bp;to correct an error or bug; to prevent or discontinue harmful or improper access to the bp pulse, to prevent or discontinue unauthorized use of bp pulse, or a service thereof; to comply with a platform provider or governmental or regulatory authority request; or to comply with a statute or judicial order. We may provide notice to you of such changes or any suspension or modification to the extent required by applicable U.S. law.bp reserves the right, at our sole discretion, to add and remove features and capabilities from bp pulse and to create limits on the use of bp pulse, including, without limitation, additional registration or verification requirements or geographic restrictions, at any time and without notice.
bp may, with or without notice, cancel, modify, restrict, waive or terminate in its sole discretion any of the bp pulse Terms, with or without prior notice, even though these changes may affect your ability to use the benefits of bp pulse. You are responsible for remaining knowledgeable of any changes that bp makes to these bp pulse Terms. The most current version of these bp pulse Terms will be available here on the bp website and will supersede all previous versions of these bp pulse Terms.
bp pulse has no predetermined termination date and may continue until such time as bp decides to terminate it. bp may terminate the bp pulse App and/or these bp pulse Terms for convenience at any time. bp will provide notice of termination via the email address you supplied at the time of registration. Upon termination of these bp pulse Terms for any reason whatsoever, your ability to participate in bp pulse terminates immediately.
These bp pulse Terms shall continue in full force and effect until terminated. bp may terminate these bp pulse Terms for convenience at any time upon notice to you. Notwithstanding the foregoing, with respect to you, these bp pulse Terms shall terminate without any further action needing to be taken by bp upon any breach by you of these bp pulse Terms. Upon the termination of these bp pulse Terms for any reason whatsoever, all licenses granted to you hereunder shall immediately terminate and you shall immediately cease and desist from all access to and use of the bp pulse. For the avoidance of doubt, notwithstanding any termination of these bp pulse Terms, you remain liable for all use of the bp pulse App through any device you own or control, including any transactions initiated through such use,
The terms set forth in the following paragraphs of these bp pulse Terms shall survive the termination for any reasons: “INTELLECTUAL PROPERTY”; “INDEMNIFICATION”; “DISCLAIMER OF WARRANTIES”; “LIMITATION OF LIABILITY”; “CHOICE OF LAW”, “DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS ACTION WAIVER” and “ENTIRE AGREEMENT.”
You acknowledge and agree that bp and/or its licensors, affiliates, partners, agents, and successors own all legal right, title, and interest in and to bp pulse, and any software provided to you as a part of or in connection therewith, including any and all intellectual property rights that exist therein. You acknowledge that all use of the bp pulse App is subject to the terms and conditions of the bp pulse End User License Agreement accepted by you upon download of the bp pulse App to your device, which is incorporated herein by this reference.
These bp pulse Terms set forth all the terms of bp pulse. bp has no other obligations with respect to bp pulse beyond those in these bp pulse Terms. bp makes no guarantees, warranties or representations of any kind concerning the bp pulse. You release bp and its affiliates and partners from liability regarding or connected to any earning, redemption including and without limitation, any Benefits that, after receipt, may be lost, stolen or destroyed.
Should you send any submissions, suggestions, ideas, or feedback, whether related to the bp pulse App, or otherwise (“Feedback”), you acknowledge and agree that any Feedback is given voluntarily, and that bp is free to use, disclose, reproduce, license, or otherwise distribute, and exploit Feedback provided to it as it sees fit, without obligation or restriction of any kind, and no consideration or acknowledgement of any sort will be provided to you. Further, you hereby irrevocably and forever release and waive any claim against bp and its affiliates regarding the use of any Feedback for any purpose.
bp pulse is void where prohibited by federal, state, or local law or regulations.
You agree to indemnify, defend and hold harmless bp and their subsidiaries and other affiliates, and its 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 without limitation attorney’s fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
Disclaimer. THE BP PULSE APP IS 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-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE BP PULSE APP WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF BP PULSE WILL BE UNINTERRUPTED. YOUR USE OF THE BP PULSE APP AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE BP PULSE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR INJURY RESULTING FROM ITS USE.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BP OR ANY OF ITS CONTRACTORS, PROVIDERS, FRANCHISEES, OR ANY OF EACH OF THEIR AFFILIATES AND SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE BP PULSE APP, INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED.
These bp pulse Terms are governed by and construed in accordance with the laws of the State of Illinois, excluding that body of laws pertaining to conflict of laws. If any provision of these bp pulse Terms is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE BP PULSE TERMS.YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL AND CLASS ACTION WAIVER) WITHIN THIRTY (30) DAYS OF ACCEPTANCE OF THESE BP PULSE TERMS, IF YOU FOLLOW THE PROCEDURES SET FORTH IN THIS SECTION 23. OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH BP THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
YOU AND BP AGREE TO ARBITRATE – RATHER THAN LITIGATE IN COURT – any and all claims or disputes between us (including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of bp) that are connected to, arise out of, or in any way relate to these bp pulse Terms. Notwithstanding this agreement to arbitrate, you and bp may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court's jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency authorized by law to hear the claims.
Opt Out: You may opt out of this dispute resolution provision (except for the jury trial waiver contained below) by notifying bp in writing of that intent within thirty (30) days after acceptance of these bp pulse Terms by sending a letter or email stating that you are opting out of this dispute resolution provision to bp via driversupportUS@bp.com. Exercising this right, should you choose to do so, will not affect any of the terms of your agreement with bp. If you opt out of the dispute resolution provision, that opt out will remain in effect if bp modifies this section in the future.
Class Action Waiver: You and bp agree that all claims or disputes between you and bp will be arbitrated (or litigated if you have opted out of arbitration) individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or bp brings a claim in small claims court, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor bp may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or bp. Both parties agree that this class action waiver is an essential part of these bp pulse Terms. This class action waiver may not be severed from our arbitration agreement.
Arbitrator Authority: The arbitration between you and bp will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by these bp pulse Terms. You and bp agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to these bp pulse Terms. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with bp. Review of arbitration decisions in the courts is very limited.
Arbitration Procedures: You and bp agree that these bp pulse Terms affect interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association ("AAA"). The AAA's rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA's rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter or email requesting arbitration and describing your claims to BP via U.S. mail to BP via U.S. mail to bp pulse Account Manager at 30 South Wacker Drive, Illinois, Chicago 60606 or via email to driversupportUS@bp.com. You must also comply with the AAA's rules regarding initiation of arbitration. bp will pay all filing fees and costs for commencement of an arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to these bp pulse Terms or applicable law. bp will not seek to recover its fees and costs from you in the arbitration, even if allowed under the law, unless your claim has been determined to be frivolous. If you are successful in the arbitration, bp will pay your reasonable attorneys’ fees and costs. The arbitration will be held in a mutually convenient location, but unless we agree otherwise in writing, must be held in a city with a population of at least 300,000 people at the time of arbitration. If the parties agree to hold the arbitration elsewhere and/or in a state that does not have a city with a population of at least 300,000 people at the time of arbitration, you agree that bp may still require that the arbitration be held in one of the two largest cities by population in that state.
Jury Trial Waiver: If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and bp expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a judge rather than a jury will decide disputes between you and bp if, for any reason, the arbitration agreement is not enforced.
Survival: This Section 23 survives the termination of these bp pulse Terms. If you bring a claim against bp after termination these bp pulse Terms that is based in whole or in part on events, act or omissions that occurred while you were an bp customer, this dispute resolution provision shall apply. You understand that the terms of any agreement between you and any Payment Card issuer will continue to apply to your use of any such Payment Card through the bp pulse.
You may not sell, assign or transfer any Service or other benefit you receive, any other aspect of your bp pulse App account, or any of your rights or obligations under these bp pulse Terms, whether by operation of law or otherwise. bp may sell, transfer, or assign bp pulse, these bp pulse Terms, in whole or in part, at any time, without notice to you. If bp makes such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and bp will be released from any responsibilities or obligations.
These bp pulse Terms together with any other terms and conditions, policies or agreements referenced herein, constitutes the entire agreement between the parties concerning bp pulse. You expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation or warranty by bp that is not expressly stated in these bp pulse Terms.