PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 14, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE BASIS.

BY ACCESSING, ENROLLING, OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

(1) Eligibility. The Services may only be used by individuals and entities who can form legally binding contracts. No person under the age of 18 may use the Services without the permission and supervision of a parent or legal guardian. Your use of the Services will be deemed to be a representation that you are 18 years of age or older or using the Services with the permission of your parent or legal guardian.

(2) Agreement to Terms. You acknowledge and agree that you have read these terms and conditions carefully before using the Services.  If you do not agree to these terms and conditions, you may not participate in the Services.  Use of the Services signifies your agreement to the terms and conditions of use set forth herein.

(3) Modification of Agreement. Company reserves the right, at its sole discretion, to change, modify, add or remove, cancel or otherwise alter any portion of this Agreement, in whole or in part, at any time.  This includes the right to apply such changes retroactively to Rewards (as hereinafter defined) already accrued. Notification of changes in the Agreement will be posted on the website designated on the back of your card or in your mobile application (the “website”).  Use of the Services after such notice will be considered your agreement to be bound by any and all such changes. YOU FURTHER AGREE THAT THE AMENDED TERMS AND CONDITIONS SHALL APPLY RETROACTIVELY TO ALL INTERACTIONS BETWEEN US AND YOU GOING FORWARD, INCLUDING RESOLUTION OF ANY DISPUTE(S) ARISING PRIOR TO YOUR AGREEMENT TO THE AMENDED TERMS AND CONDITIONS, WHETHER OR NOT NOTICE OF SUCH DISPUTE WAS PROVIDED OR ARBITRATION WAS INITIATED PRIOR TO YOU RECEIVING NOTICE OF THE AMENDED TERMS AND CONDITIONS.

(4) Company’s Rights in Services. Company may, in its sole discretion, change, suspend, or discontinue any aspect of the Services at any time, including but not limited to benefits, discounts, special offers, promotions, perks, upgrades, exclusives, and/or rewards (collectively, the “Rewards”) and redemption methods.  Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.  Company reserves the right, in its sole discretion, to refuse service, cancel membership, and suspend or terminate an account.

(5) Usage of the Services. Should you enroll for and use the debit card feature of the Services, you authorize Company to debit from the checking account provided in your enrollment, in accordance with the Rules of the National Automated Clearing House (NACHA), for the purchase amount for goods and/or services you purchased using your card(s) (including its usage through the mobile application).  You will promptly notify Company if your card(s) is/are lost or stolen by calling  877-403-2222 and will not change or alter your card(s) or authorize its use by any other person except those that may be designated as part of the enrollment.  In addition, you may change your bank information by calling 877-403-2222 or by going to PumpPal – Parker’s Kitchen and log into My PumpPal.  You understand that an ACH transaction may take up to three (3) business days to POST to your bank account.  When you conduct this type of transaction, you are responsible for ensuring that the funds are available at the time the transaction is conducted and processed (posts) to your account.  You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law.  In addition, you are authorizing the Company to verify your identity.  You also authorize Company to provide transaction history information to any affiliate or subsidiaries and any third party responsible for any collection from you for unpaid ACH transactions under this Services.

The authorization to complete such transactions will remain in effect until you terminate this Agreement by contacting customer service by telephone at 877-403-2222, or by accessing the website provided on the back of your card.  You agree that any purchases made prior to cancellation will be paid by you.

You represent and warrant that you have all necessary authority to make withdrawals from and otherwise authorize debits and credits to the checking account designated in your enrollment.  In the event that your bank does not allow electronic transactions, you authorize Company to convert the electronic transaction data to a paper draft for presentment to your bank, and consent to the payment thereof. In the event that your bank denies the electronic transaction and returns electronic payment to Company, you authorize Company to re-present the original electronic transaction amount, and consent to the payment thereof.  If your payment is returned unpaid, you authorize Company to make an electronic fund transfer from your account to collect the original transaction and a return fee.  You understand that the return fee may be the maximum amount permissible by state law.  This fee is separate from any fees that your bank may impose for such returns.  Until such time as the face amount of the check and/or service charges and recovery costs have been paid, Company may suspend any Services privileges.  You understand that Company recommends that you have Overdraft Protection on the account used for your payment card(s) transactions.  Company may share data with third parties to verify your identity, to validate the data presented during enrollment, and to collect from you in accordance with the Company Privacy Policy.

(6) Account Security.

• (a) Account Creation. You may create your own account by completing the online registration process through the mobile application.  In doing so, you must provide us with accurate and complete registration information, and update it if this information changes.  It is particularly important to keep the email address associated with your account current because you will not be able to receive messages from us, including legal notices or updates to these terms and conditions.
• (b) Account Use. We reserve the right to suspend or terminate your use of the Services if we believe that your account is being used without your permission or otherwise in a manner that may disrupt the Services.

(7) Indemnification for Your Breach of Agreement. You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “indemnified parties”) harmless from and against any and all liabilities and costs incurred by the indemnified parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs.  You shall cooperate as fully as reasonably required in the defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Company.

(8) No Warranty. The Services, including all content, functions, materials, and information made available to you or accessed by you through the website, is provided “as is.”  To the fullest extent permissible by law, Company makes no representation or warranties of any kind whatsoever for the content of the Services, the materials, information and functions made accessible through the website and/or mobile application, or for the products and/or services awarded or redeemed through the Services.  Further, Company disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, or fitness for a particular purpose.  Company assumes no responsibility, and shall not be liable for any damages by use of the Services, the mobile application, or the website.  Company shall not be liable for the use of the Services, including, without limitation, the website and/or the mobile application and any errors contained therein.  Company shall not be liable for any failure of the Services, including without limitation the website and/or the mobile application, which results from acts or events beyond the Company’s reasonable control.

(9) LIMITATION OF COMPANY’S LIABILITY AND DAMAGES. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS ARISING FROM LOST OR STOLEN SERVICES CARDS, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE REWARDS, THIS AGREEMENT, THE MOBILE APPLICATION, OR THE WEBSITE.  THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST POINTS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER SYSTEMS OR SERVICES, OR ANY INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA.  THE MAXIMUM LIABILITY COLLECTIVELY OF THE COMPANY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) FOR ANY DAMAGES OF ANY NATURE, INCLUDING GROSS NEGLIGENCE, ARISING IN CONTRACT, TORT, OR OTHERWISE.

(10) Parker’s Rewards Program. You may join the Parker’s Rewards program via the mobile application or at our retail stores.

• (a) Getting Rewards. We will track your purchases as a Parker’s Rewards member and record your purchase activity and points balance.  You must enter your Parker’s Rewards Phone Number at the time of your in-store or online purchases in order to receive points for those purchases.  Retroactive points for purchases made without entering a Rewards Phone Number will not be granted. 
• Your points balance is based on your total qualifying merchandise purchases, less all discounts, coupons, price reductions, reward issuances, and returns.  Your points balance does not include sales taxes, shipping charges and other fees, fuel, tobacco, lottery, alcoholic beverages at Parker’s convenience stores, and gift card purchases, or purchases made for resale.  Other types of purchases may be excluded from your points balance in the future.  Please allow at least 3 calendar days from the date of each qualifying in-store purchase or online order for your points balance to be updated.  You can review your points balance status when you log in to your account via the mobile app.  If you do not make any qualifying purchases using your Rewards Phone Number within a 120-day period, your points will expire.
• All Rewards are subject to change, and we may modify or discontinue or add new Rewards in the future.  You can find your points balance and access Rewards via the mobile application.  You may also receive emails notifying you when a Reward has been issued to you.

• (b) Redeeming Rewards. Rewards cannot be redeemed until a Parker’s Rewards member has completed registration via the mobile application.
• (c) Rewards are Not Transferable and Not Redeemable for Cash. Rewards have no monetary or cash value.  As such, they may not be redeemed for cash or any cash equivalent.  Additionally, Rewards may not be transferred or assigned and can only be used by you.
• (d) Expiration of Rewards. Any Rewards earned by you through the Services will expire after one hundred twenty (120) days of account inactivity, which means that, during such period, you have not used the Services during any purchase.
• (e) Membership Termination. We may cancel your membership if you make no qualifying purchases using your Rewards Member ID during any 120-day period.  Company reserves the right to terminate your membership for any reason or no reason and at its sole discretion. You may cancel your membership at any time by notifying us at (912) 231-1001.  Cancellation may take 2 to 4 weeks.  Upon cancellation, your membership will be inactivated and all Rewards will expire immediately, and your points balance will be cancelled.
• (f) General Rewards Information. You acknowledge and agree that all Rewards are delivered to you under this program without payment of any fee or other consideration whatsoever.  All Rewards and your points balance in the Parker’s Rewards program are promotional in nature and are not paid for by you, they are subject to an expiration date and/or forfeiture under certain circumstances.  You do not own any right, title, or interest in any Reward or your points balance unless or until you redeem them under the rules set out above.

(11) Company’s Privacy Policy. The Company’s privacy policy is incorporated herein by reference, and may be found at Privacy Policy (the “Privacy Policy”).

(12) Copyright and Trademarks.

• (a) Ownership. All content of our websites, including, but not limited to, artwork, graphics, images, illustrations, photographs, text, video, audio clips, logos, and designs are the intellectual property of the Company, its affiliates, or third parties who have licensed the materials to us.  All content is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and other countries.  This website in its entirety including, without limitation, the design, layout, selection, coordination, and enhancement of the content, is protected by copyright and trade dress laws.  All worldwide right, title, and interest is reserved.
• (b) Permitted Use. Our website and mobile application and the contents are intended solely for your personal, non-commercial use in order to participate in our Services (the “Permitted Use”) and subject to these terms and conditions, you may use this website only for the Permitted Use.  You may not access, use, download, copy, reproduce, publish, distribute, modify, or create derivative works from, sell, or exploit in any way the contents of our websites and mobile application, or any related software, or any part thereof for any other purpose whatsoever.  You may download or electronically copy and print any page contents displayed on this website for the Permitted Use only and no rights to those materials are transferred to you by such copying.  Software used on our websites and mobile application is the property of the Company or its licensors, and is protected by United States and international copyright laws.
• (c) Marks. “Parker’s Kitchen” (among others) are trademarks of our Company, and may not be used by you without our written permission.

(13) Acceptance of Terms and Conditions by You. By using the Services, submitting an application for an account, activating this Agreement at a point of sale or by any other designated means by Company, you are representing that you are over the age of eighteen and accept this Agreement and agree to be bound by all its terms and conditions.  For accounts created for individuals under eighteen years of age, you represent that you have obtained the consent of a legal guardian who has agreed to supervise your use and participation in the Services and has agreed to be bound by these Terms of Use.

(14) Disputes. You and the Company agree that any past, present, or future dispute that has arisen or may arise between us relating in any way to your use of or access to the website, the Services, any breach, enforcement, or termination of these Terms and Conditions, or otherwise relating to the Company in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth herein:

• (a) Arbitration. These Terms and Conditions and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases, governs the interpretation and enforcement of the arbitration rules and arbitration proceedings and, to the maximum extent possible under applicable law, shall preempt application of state laws regarding arbitration, including without limitation, provisions governing the payment, or shifting, of fees or costs of arbitration.  Any Covered Matter must be asserted individually in binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with JAMS Streamlined Arbitration Rules and Procedures (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) and, if you qualify as a consumer as defined by applicable law, the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (which will prevail over any inconsistent terms in this Section).  The arbitrator shall not conduct any form of class or representative arbitration, however, in the event that ten or more claims in arbitration are initiated which assert the same or similar factual allegations or present the same or similar legal issues, we may request that the claims be consolidated for resolution consistent with Rule 6 of the Streamlined Rules, and in such instance you agree to consolidation of your claim with the claims of other claimants for resolution.  In such a consolidated proceeding, a single arbitrator shall be appointed to resolve all consolidated claims, who shall resolve common issues of law and fact and apply such rulings consistently to each consolidated claim.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, any claim that all or any part of these Terms and Conditions is void or voidable or a particular claim is subject to arbitration.  This Section shall not, however, preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• (b) Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Georgia, without regard to conflict of laws principles, will govern all Covered Matters.
• (c) Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.  The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.  The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable.  The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law, and, as to consolidated claims, shall resolve common issues of law and fact and apply such rulings consistently to each consolidated claim.  The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).  ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
• (d) Exceptions. There are two exceptions to this agreement to arbitrate:
  • First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
  • Second, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction (including amounts) and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
• (e) Future Amendments to the Agreement to Arbitrate. If we make changes to this Section, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms and Conditions.  Unless we say otherwise in our notice, the amended Section will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes.  THESE CHANGES SHALL APPLY RETROACTIVELY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO PAST, PRESENT OR FUTURE DISPUTES, INCLUDING ANY DISPUTE(S) ARISING FROM ALLEGED ACTIONS OR INACTION OCCURRING PRIOR TO YOUR AGREEMENT TO THE AMENDED SECTION, WHETHER OR NOT NOTICE OF SUCH DISPUTE WAS PROVIDED OR ARBITRATION WAS INITIATED PRIOR TO YOU RECEIVING NOTICE OF THE CHANGES.  If you do not agree to the amendments, you may opt-out of this Section within 30 days of notice having been provided of these changes in accordance with paragraph (g) below.
• (f) Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a state, federal, or small claims court located in Chatham County, Georgia.  You and the Company agree to submit to the exclusive personal jurisdiction of the courts located within Chatham County, Georgia for the purpose of litigating all such claims or disputes.
• (g) Opt-Out. IF YOU ARE USING THIS WEBSITE OR OUR SERVICES FOR THE FIRST TIME, OR WE HAVE RECENTLY AMENDED THIS SECTION, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY PROVIDING THE OPT-OUT NOTICE DESCRIBED BELOW.  THAT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU USE THE WEBSITE FOR THE FIRST TIME OR WE PROVIDE NOTICE OF CHANGES TO SECTION.
• (h) Procedure. In order to opt-out, you must submit a request through the website and email your name, address (including street address, city, state, and zip code), and email address(es) associated with your account(s) to which the opt-out applies to: [email protected]  This procedure is the only way you can opt out of the agreement to arbitrate.  If you opt out of the agreement to arbitrate, all other parts of these Terms and Conditions and this Disputes section will continue to apply to you.  Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
• (i) WAIVER OF RIGHT TO CLASS OR REPRESENTATIVE ACTION. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT OR INTELLECTUAL PROPERTY DISPUTES, AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

(15) No Assignment. This Agreement, and the rights and obligations hereunder, may not be assigned by you.
(16) Severability. The invalidity or unenforceability of any particular provision or provisions of this Agreement shall not affect any other provision or provisions hereof, and, if any one or more provisions of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall be construed in all respects as if such invalid or unenforceable provision or provisions had been omitted.
(17) Waiver. No provision hereof shall be waived except by an agreement in writing signed by the waiving party.  Further, a waiver of any term or provision shall not be construed as a waiver of any other term or provision.
(18) Entire agreement. These terms and conditions and the privacy policy constitute the entire Agreement between Company and you with respect to your use of the Services.
(19) Limitation on Commencement of a Cause of Action. Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises.
(20) Scratch & Win and Mobile App Game Participation. To participate in Parker’s Scratch & Win games and its Mobile Application games, you must be a Parker’s Rewards member and over 18 years of age.  No purchase necessary to participate.  A purchase does not increase your chances of winning.  Odds of winning vary by prize and not all plays will be winning games.  Prizes are non-transferable and cannot be exchanged for cash unless required by law.  Not valid with any other coupon or offer.  Offer may expire without notice due to error, fraud or other unforeseen circumstances.  The Company is not responsible for lost, stolen, or misplaced prizes.  The Company reserves the right to modify, suspend, or cancel the Scratch & Win program, the Mobile Application game, the ability to earn Rewards points through the Mobile App, and any similar promotion or game at any time, without notice, for any reason.  Any disputes, claims, or controversies arising out of or relating to this program shall be resolved through the dispute resolution procedures described herein.
(21) Promotions Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through our website or mobile application may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

(22) Notice and Electronic Communications.

• (a) Except as explicitly stated otherwise in these Terms and Conditions, any notices you send to us shall be sent by mail to The Parker Companies, 171 Crossroads Parkway, Savannah, Georgia 31407, attention: Legal Department, which notice will be effective three business days after the date of mailing. Only notices addressed to the attention of the Legal Department shall be deemed effective.  In the case of notices we send you, you consent to receive notices and other communications by posting on the website or, in our discretion, by sending you an email.  Notice will be deemed given (i) 24 hours after a notice is posted on the website or 24 hours after an email is sent, unless the sending party is notified that the message did not reach the recipient.  You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
• (b) SMS/MMS Messaging Terms. By joining Parker’s Rewards, you authorize Parker’s to send you transactional text messages regarding offers and promotions at the telephone number you have provided. You are not required to enter into such an agreement in order to purchase any goods or services from Parker’s. You can cancel the SMS service at any time. Just text “STOP” to the short code 80821. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly through Customer Service at 912-231-1001. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Policy.