Terms of Use

 

Road Ranger General Terms of Use

Last Updated: July 21, 2022
Effective Date: July 21, 2022

Hello and thanks for visiting Road Ranger!  Before using any of the Services, please read these General Terms of Use ( “Terms”), our Privacy Policy, Ranger Rewards Terms & Conditions, and any other policies and notices that we have made available to you. We sometimes refer to these policies, collectively, as our “Agreement.”  The Agreement sets out the rules for using Road Ranger’s websites, mobile applications, online advertisements, and its loyalty and other customer rewards programs (which we sometimes refer to, collectively, as our “Services”).

Our Agreement (including these Terms) is a legally binding contract that governs how you can use and access Services that Road Ranger offers. Because it is binding, and can affect your legal rights, it’s important that you take the time to read the entire Agreement before using our Services. When you use or access our Services, you consent to be bound by each of these Terms and the rest of the Agreement. So, if you don’t consent, please don’t use or access Road Ranger’s Services.

IMPORTANT NOTICE: These Terms include important legally binding agreements about how you and Road Ranger will resolve disputes. These rules are in the sections titled Disclaimers, Indemnification, Limitation of Liability and Dispute Resolution. Please read these sections carefully as they include important agreements that could affect your legal rights. In particular:

  • You agree to email us at legal@roadrangerusa.com before you bring a formal claim in court or initiate an arbitration so that we can try to reach an agreement informally. And, we agree to do the same.
  • You agree that any disputes between you and Road Ranger will be subject to a  MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any disputes between you and Road Ranger will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
  • You also agree that you will not try to sue Road Ranger in a class action lawsuit, either as a named plaintiff or a class member. This is called a “CLASS ACTION WAIVER.”

We want to make sure that you understand all of these Terms. So, if you have questions, feel free to reach out to us legal@roadrangerusa.com or (815) 387-1700.

Table of Contents

Notice

You agree that we may provide updates, notices, disclosures and amendments to these Terms and the rest of the Agreement (including the Rewards Terms and Privacy Policy) and other information about our Services electronically, including by posting on our website at www.roadrangerusa.com, through the Road Ranger Mobile App. (“Ranger App.”), and via social media.

Changes to the Agreement

We may revise and update these Terms and the rest of the Agreement (which includes these Terms, our Privacy Policy and the Rewards Terms ) from time to time. These updates might be because we’ve updated our Services, changed how we do business, for legal, regulator, or security reasons, or to prevent abuse or harm. We will try to give you notice of changes in a way that we think is reasonable under the circumstances. The changes will not be retroactive, but they are effective thirty (30) days after we’ve given notice. 

The most current version of these Terms, which will always be available at https://www.roadrangerusa.com/terms-of-use, will govern our relationship with you. Please check this page frequently to make sure that you stay up-to-date on any changes.

If we update these Terms, and you do not agree to the changes, you should stop using or accessing our Services. By continuing to use or participate in Ranger Rewards after the effective date, you accept and agree to be bound by the updated Terms.

Who May Use Our Services

Our Services are intended for a general, adult audience who can form legally binding agreements. They are not intended for children under 16.  So, children under 16 years old should never use our Services. If you are under 18, you can use the Services, but only if you are at least 16 years old and only if a parent or legal guardian who is at least 18 years old supervises you and agrees to be the user responsible for any and all activity.

The Services are only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child). They are also intended for use within the United States. If you use or access our Services from outside the United States, you are responsible for complying with the laws and regulations that jurisdiction.

You may only use the Services if you agree to these Terms, and the rest of the Agreement (where applicable), as a binding contract with Road Ranger LLC (“Road Ranger,” “We”, or “Us”), and promise that you meet all of the eligibility criteria outlined in these Terms.

Your Account

You may be able to navigate some of the Services without creating an (”Account”); but certain Services (like Ranger Rewards) will require an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account or through your personal device in connection with the Services. Similarly, for any Services that you are able to access without creating an Account, you are solely responsible for any activity that occurs through your personal device in connection with the Services. You should not, however, share your Account information. And you shouldn’t use another person’s Account or registration information for the Services. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.

In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.

Acceptable Use Policy

We’re proud of the trust that our users place in us.  In exchange, we trust you to use our Services responsibly. You agree not to misuse our Services or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

  • Probe, scan, or test the vulnerability of any system or network;
  • Breach or otherwise circumvent any security or authentication measures;
  • Access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to (for example through hacking, password mining or any other means);
  • Use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services (for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services);
  • Access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  • Send unsolicited communications, promotions or advertisements, or spam;
  • Send altered, deceptive or false source-identifying information (including “spoofing” or “phishing”);
  • Promote or advertise products or services without our written authorization;
  • Attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way;
  • Sell or share your account or access to any part of the Services;
  • Publish or share indecent, violent, or otherwise inappropriate materials;
  • Harass or abuse Road Ranger personnel or representatives or agents;
  • Violate the privacy or infringe the rights of others; or,
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Fuel, Product, and Service Information for Convenience Only

As part of the Services, we post general information about the prices, amenities, products, promotions, and rewards that some of our locations may offer. This might include daily fuel prices. We try to make sure that the information is correct; however, we don’t its guarantee its accuracy. It’s for convenience, only, and is not an offer. You shouldn’t rely on the information about fuel prices, amenities, products, promotions, and rewards that is posted on the Services. That information (including about fuel prices) is subject to change and might be different from the prices, products, amenities, promotions, and rewards that are available, including at a particular Road Ranger location.  In particular, fuel price is always determined at the time and location of sale, as posted at the pump when you make your purchase.

All sales of merchandise, fuel, and services are subject to the prices posted at the particular Road Ranger location at which they are purchased, not the general information provided through our online Services. The retail price may, also, vary from the price we display on our Services based on promotions, discounts, applicable taxes, and/or payment method. All promotions, rewards, discounts, amenities, services, and offers described on our Services are subject to availability, including at a particular Road Ranger location, and may be changed or discontinued at any time. Void where prohibited.

Ownership & License

We grant you a personal, non-exclusive, non-transferable, limited license to use the Services for your personal non-commercial use only. Nothing on the Services should be construed as granting any other license or right (including any copyright, trademark or other intellectual property rights) to use any such material without the written permission of the owner. You shouldn’t reproduce or mirror any part of the Services; if you do, we may terminate your license and access to the Services.  All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services belong to Road Ranger or the original creator of the material. All names, designs, graphics, data, images, pictures, logos and icons in the Services are proprietary information or proprietary marks of Road Ranger or the original creator of the material, and is protected by U.S. copyright law, as applicable. We reserve the right to enforce our intellectual property rights to the fullest extent of the law. 

All submissions, suggestions, ideas, artwork, or other information that you communicate to Road Ranger through the Services become our property; it might not be treated as confidential, and, you agree that we may use it in the future, without acknowledging or compensating you. You acknowledge that you, and not Road Ranger, are responsible for whatever material you submit, including for its legality, reliability, appropriateness, novelty, and copyright. We reserve the right (but are not obligated) to remove or edit such content. Road Ranger has the right but not the obligation to monitor and edit or remove any activity or content; but, we don’t do so regularly. We aren’t responsible for any content posted by you or any third party.

Copyright

Road Ranger respects the intellectual property of others and asks you to do the same.  If you believe that your work has been copied on our Services in a way that constitutes copyright infringement, please let us know in accordance with the instructions below so that we can respond expeditiously (your “Notice”). Your Notice should include the following information:

  • A description of the copyrighted work or other intellectual property that you believe has been infringed;
  • A description of where that material is located in our Service;
  • Your address, telephone number, and email address;
  • A statement that you believe, in good faith, that the use is not authorized by the copyright owner, its agent, or the law;
  • Your promise, made under penalty of perjury, that that the above information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and
  • An electronic or physical signature of the person authorized to act with regard to the intellectual property.

We might also for additional information before we remove any allegedly infringing material.

Pursuant to 17 U.S.C. 512(c), Road Ranger’s designated Copyright Agent is:

KJ McCann
kmccann@roadrangerus.com
815-387-1700

 

Third Party Services & Links

The Services may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links.

When you access a third party link through our Services, you may be providing your information to that third party and, the third-party’s policies will control how it will use, store, or disclose, the information you provide. We have no control over the contents of third-party sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Privacy

To learn about how Road Ranger will use the personal information collected in our Services, please read our Privacy Policy.  

Right to Change the Services

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the any of our Services, including the content, features, promotions, or products offered through the Services, with or without notice; charge fees in connection with the use of the Services; and/or offer different or new opportunities to some or all users of the Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any service, content, feature or product offered or described on through the Services.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if: (a) you’re in breach of these Terms; (b) your use of the Services would cause a risk of harm or loss to us or other users; or, (c) you haven't accessed our Services for 12 consecutive months. We may also decide to discontinue the Services entirely.  As part of using the Services, you acknowledge and agree that Road Ranger shall have no liability or obligation to you in such event and that you will not be entitled to a refund or compensation to the fullest extent permitted by applicable law.

We’ll try to provide you with reasonable advance notice in the Services or via the email address associated with your account. We won’t provide notice before termination where: (a) you’re in material breach of these Terms, (b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or (c) we're prohibited from doing so by law.

Disclaimers

We strive to provide great products and services, but there are certain things that we can't guarantee. You should also know that, for a variety of reasons, the Services may not always be available and may, sometimes, display inaccurate or outdated information. TO THE FULLEST EXTENT PERMITTED BY LAW, ROAD RANGER AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, CONTENT, AND PRODUCTS. WE PROVIDE OUR SERVICES ON AN “AS AVAILABLE” AND “AS IS” BASIS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE SERVICES. ROAD RANGER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY, FUNCTIONALITY OF THE SERVICES, OR THAT  DEFECTS WILL BE CORRECTED. WE DISCLAIM  RESPONSIBILITY FOR ANY SORT OF CLAIM, LIABILITY, OR DAMAGE RELATED TO ERRORS IN OR OMISSIONS IN THE SERVICES, THE UNAVAILABILITY OF THE SERVICES, OR YOUR USE OF ANY OF THE SERVICES. Some places don’t allow the disclaimers in this section, so they may not apply to you.

We do our best, but we can’t guarantee that the information displayed on the Services is always accurate. YOU AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SERVICES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

Limitation of Liability

We don’t limit or exclude our liability where that would be illegal. For example, we some jurisdictions don’t allow certain types of limitations if liability and sometimes these limitations or exclusions of liability won’t apply to you. This is especially the case if you are a consumer. We also do not exclude or limit our liability for fraudulent misrepresentation, intentional or knowing violation of the Agreement, or applicable law, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. 

IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, We (and any of our affiliated companies, employees, agents, shareholders, and directors) are not liable to you or any third person for:

  • any special, incidental, indirect, punitive, EXEMPLARY, or consequential damages; or,
  • ANY loss of use, profit, BUSINESS, revenue, or data.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF (1) LEGAL THEORY; (2) WHETHER OR NOT THE CLAIM arises from theSE TERMS, ANY OTHER PART OF THE AGREEMENT, your use of the Service, or any of the Content or other materials located on, accessed through or downloaded from the Service; (3) WHETHER OR NOT we knew or should have known about the possibility of such damages, or, (4) WHETHER OR NOT the limited remedies provided in this section fail of their essential purpose.

EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (WHICH ARE DESCRIBED IN THIS SECTION) WE LIMIT OUR LIABILITY TO YOU AND/OR  TO ANY THIRD PARTY TO $100 US.

Indemnification

You agree to defend, indemnify and hold Road Ranger harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Services and/or your breach of any representation, warranty, or other provision of the Agreement.

Dispute Resolution

We want to try to sort out any disagreements without a formal legal proceeding or case. If a dispute arises between you and Road Ranger, you agree to first contact us by emailing legal@roadrangerusa.com, before filing a claim. We’ll also try to resolve disputes informally by contacting you at the email address you provided. If we are unable to resolve the dispute, informally, within fourteen (14) days of that email, You or Road Ranger may bring a formal proceeding.

Judicial Forum for Disputes: You and Road Ranger agree to submit to the exclusive jurisdiction of the state and federal courts of the State of Illinois, USA, subject to the mandatory, individual arbitration provisions, below. Both you and Road Ranger consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.

Controlling Law: Any claim, dispute or matter arising under or in connection with our Services or the Agreement (which includes these Terms, the Privacy Policy, and every other part of our Agreement) shall be governed and construed in all respects by the laws of the State of Illinois, USA, without giving effect to Illinois’ conflict of law’s provisions, except to the extent local law is mandatory for consumers.

MANDATORY INDIVIDUAL ARBITRATION & CLASS ACTION WAIVER

  • We Both Agree to Arbitrate Our Claims: You and Road Ranger agree to resolve any claims relating to or arising from our Services, these Terms, and every other part of our Agreement (inclusive of the Reward Terms, Sweepstakes’ Official Rules, and our Privacy Policy) or Ranger Rewards through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the Exceptions to the Agreement to Arbitrate, which are described below. This includes, but is not limited to, disputes arising out of or relating to these Mandatory Individual Arbitration Provisions and threshold questions of whether or not the dispute can be arbitrated.
  • Procedures for Arbitration: The Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. It will be held in your home county, Cook Count, IL, or another location to which we agree. 
  • Arbitration Costs and Incentives: AAA rules will control all arbitration fees and incentives. We will pay arbitration fees for individual arbitration claims that are under $20,000 and will not seek our attorney’s fees or costs in arbitration unless the arbitrator decides that your claim is frivolous. If you receive an arbitration reward that is more favorable than the highest offer we made to resolve the claim, we will pay you $500 in addition to that award.
  • Exceptions to the Agreement to Arbitrate: These Mandatory Individual Arbitration Provisions do not apply to: (1) qualifying claims brought in small-claims court; and (2) a lawsuit for injunctive relief to stop unauthorized use of the Services or infringement on Intellectual Property Rights. If the agreement to arbitrate is found not to apply, you agree to the exclusive jurisdiction of the state or federal courts in Cook County, Illinois.
  • You May Opt-Out of the Agreement to Arbitrate: If you do not want to agree to these Mandatory Individual Arbitration Provisions, you can opt-out by sending an email to legal@roadrangerusa.com, telling us your name, the email address associated with your account, and that you want to opt-out of the mandatory individual arbitration agreement. In order for your opt-out to be effective, you must email us within thirty (30) days of signing up for the an account with us or acknowledging that you have been notified of these Terms, whichever comes later.
  • NO CLASS ACTIONS: You agree that you will only resolve disputes with us on an individual basis. You understand that accepting and agreeing to these Terms you and Road Ranger are each waiving the right to trial by jury or to participate in a class action or class arbitration of claims relating to or arising out of these Terms, the Agreement, or our Services. You are not allowed to bring, or participate, in class actions, consolidated actions, representative actions, class arbitrations, private attorney general actions against Road Ranger. The arbitrator does not have the power to modify this provision.

If any part of this “Dispute Resolution” section is found to be unenforceable, it will be severed and the rest of this section will remain in full force except as follows: If the prohibition against class or representative actions is found to be unenforceable, all of the Mandatory Individual Arbitration Provisions are null and void. Otherwise, the terms of the Mandatory Individual Arbitration Provisions will survive termination of these Terms.

General

Entire Agreement: The Agreement  (which includes  these Terms, our Privacy Policy, our Rewards Terms, as applicable) is  the entire agreement between You and Road Ranger with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).

Severability: If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes  these Terms, our Privacy Policy, our Rewards Terms, as applicable) to be unenforceable, the remainder of the User Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.

Waiver: If Road Ranger fails to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by an authorized representative of Road Ranger.

Contact for More Information

Road Ranger LLC is located at 1501 Woodfield Road, Schaumburg, IL 60173. Should you have any comments or questions about Ranger Rewards, our Sweepstakes’ Official Rules, or our Terms, communication can be directed to Road Ranger’s postal address, via email to legal@roadrangerusa.com or by telephone to (815) 387-1700.