Terms & Conditions
NOCO Friends and Family Club
Effective Date: May 1, 2018
Subject to the terms and conditions ("Terms & Conditions") set forth below, members of the NOCO Express Friends and Family Program ("Friends and Family Program" or "Program") administered by NOCO Express, LLC ("NOCO"). YOU AGREE TO READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE PROGRAM. If you do not agree to these Terms & Conditions, you may not participate in the Program. Use of the Program signifies your agreement to the Terms & Conditions of use set forth below.
- ELIGIBILITY: NO PURCHASE IS NECESSARY TO JOIN THE FRIENDS AND FAMILY PROGRAM. You must be age at least eighteen (18) years of age or older to be eligible for membership in the Program. The Program is limited to individual memberships only and is limited to one membership account per individual.
The Program is void where prohibited or restricted by law. Program accounts are not transferable and are not for sale, or resale.
- ENROLLMENT: BY PROVIDING YOUR INFORMATION FOR PARTICIPATION IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS IN THEIR ENTIRETY.
In order to become a member of and participate in the Program, you must provide the following mandatory minimum personally identifiable information: your first name, last name, email address, mailing address, and phone number (the "Personal Information"). By inputting your Account at a terminal to purchase fuel, you will receive a discount of three cents ($0.03) off of each gallon of gas you purchase. If you desire to link your bank account to your Account through Zipline, Inc. ("Zipline"), you must provide your Personal Information and Bank Information to Zipline. NOCO will not have access to or retain any Bank Information that you provide to Zipline. Zipline shall be solely responsible for protecting and maintaining the privacy of your Bank Information and the use thereof, and you agree that NOCO shall have no liability or responsibility of any kind with respect to the Bank Information. By providing the Bank Information you agree to Zipline's Terms and Conditions which are found at https://secure.paymentcard.com/terms.php. If you have fuel purchases directly debited from your bank account by Zipline, you will receive an additional discount of three cents ($0.03) off of each gallon of gas you purchase. In order to qualify for this additional discount, you must provide Zipline with your checking account information, including your account number and bank routing number ("Bank Information").
Becoming a Program Member is free and completely voluntary. When you enroll, we collect Personal Information. We store this information so that we can administer the Program properly, administer the Friends and Family Program Sweepstakes ("Sweepstakes"), and communicate valuable offers to you based on your interests. As a Member, you will be eligible to receive rewards that may include but not limited to coupons, discounts, special members only offers, and the ability to participate in the Sweepstakes. As a Member you may set your own Privacy Boundaries and choose to "opt out" of almost any mailings at any time, or change your mind about what you have agreed to receive previously.
By becoming a Member, you agree to receive correspondence related to the Program and marketing offers from NOCO on behalf of its partners and affiliates. Any Personal Information that you supply to us remains your property. However, by submitting that information to NOCO or its partners or affiliates, you grant to us the right to use your Personal Information for any legal purpose including, without limitation: a) marketing purposes such as sharing your information with third party advertisers; b) providing promotional offers to you by means of e-mail advertising, direct mail marketing, online banner advertising and/or subject to your express consent, text messaging; c) transferring your Personal Information to a third party, when necessary, to receive a product or service that you may have ordered from such third party while using the Website or when responding to offers provided by NOCO or its partners or affiliates; d) for validation, suppression, content improvement and feedback purposes. In addition, you agree that we may contact you with updates and/or any other information that we may deem appropriate for you to receive in connection with your account and the Website.
If, for any reason, you choose to end your membership in the Program, we will permanently delete your personally identifying information from our records.
What Information Does NOCO Gather About You?
NOCO collects information about our customers and Members so that we can provide more interesting and useful service(s), as well as more appropriate advertising. We ask for your Personal Information when you register to use certain features of our website. We also may ask for this information at other times, such as when you enter contests or other promotions sponsored by NOCO and/or our partners. We sometimes conduct surveys as well, although you do not have to respond to them.
How Do We Respect Children's Privacy?
Our sites are not directed at children under the age of 18. We operate our sites in compliance with the Children's Online Privacy Protection Act and will not knowingly collect or use personally identifiable information from anyone under 18.
What Else Should You Know About Your Privacy?
While we do our best to protect your Personal Information, NOCO cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. What does all of this mean? As in all internet communication/commerce, you must protect yourself. You are responsible for maintaining the secrecy of any password and/or Member information. Please be careful and responsible whenever you are online, especially when using a computer that other people can use also. Many of our advertisers or partners, such as brokerages, merchants, or data providers, link from our site to areas on their own sites where they sell their own products and services. If you follow links from our site to others, you should be aware that you are doing business with those other sites, which have their own privacy and data collection practices. NOCO has no responsibility or liability for these independent policies (and we may not even know what they are). For more information regarding a site and its privacy policies, check that site.
If you wish to change anything about your Account information, there are four easy ways to do so:
1. Write to us at NOCO Express, c/o, Friends & Family Program, 2440 Sheridan Dr., Tonawanda, NY 14150.
2. Go to our website www.nocoexpress.com to administer your own account.
3. Contacting NOCO at 716-614-1320.
4. Go to our app via your mobile device to administer your own account.
Members are responsible for keeping the Personal Information associated with their corresponding Account, including email address, address, and phone number, current.
Except as provided herein, we do not give, rent or sell Member information to anyone outside the Program. NOCO, the owner and operator of the Program, promises to share your data with its partners participating in the Program. We will not share your Personal Information outside of the Program for marketing purposes without your express permission.
We reserve the right to share your Personal Information as may be required by law or court order, or to ensure compliance with these Terms & Conditions, or in cooperation with law enforcement to protect the rights, property or safety of NOCO, its customers and employees.
- TEXT MESSAGING: You may OPT-IN to receive text messages from NOCO informing you of new promotions and sales. In order to OPT-IN to such text messages, you must visit www.nocoexpress.com and log in to your Account page or via our app on your mobile device where you may OPT-IN. By OPTING-IN, you consent to receive text messages sent through an automatic telephone dialing system. Standard messaging rates may apply. You may OPT-OUT of text messages at any time online at www.nocoexpress.com or by replying STOP to any text message received from NOCO.
- HOW TO OPEN AN ACCOUNT: Currently, you may apply to open a membership account ("Account") at www.NOCOExpress.com. EACH Member must have a valid email address and phone number in order to open an Account.
- UNIQUE MEMBERSHIP IDENTIFIER: Each Program member ("Member") will be assigned a unique customer account ("Account"), identifiable by using the Member's name and phone number. Members will receive a membership card, if desired, and membership number - Member Accounts will be identified by the Member's name, email and phone number. In order to receive credit for Qualifying Purchases, to inquire about Account balance, and/or to update or change your personal data, you must contact Friends and Family customer service @ 716-614-1320, visit online at www.nocoexpress.com and logging into your Account page or via our app on your mobile device, or by writing to NOCO Express, c/o, Friends & Family Program, 2440 Sheridan Dr., Tonawanda, NY 14150. Members may be requested to show suitable identification in order to assist with verification of Account ownership and to assist with the protection and safeguarding of Personal Information.
- ACCOUNT CANCELLATION: You may cancel your Account/Membership and participation in the Program at any time by contacting NOCO at WWW.NOCO.com/Express, by calling NOCO Express Customer Service at 716-614-1320, or by writing to us at NOCO Express, Friends and Family Program, 2440 Sheridan Dr., Tonawanda, NY 14150. Members may be requested to show suitable identification in order to assist with verification of Account ownership and to assist with the protection and safeguarding of Personal Information.
FURTHER, NOCO MAY CANCEL YOUR ACCOUNT IF, IN ITS SOLE DISCRETION, NOCO DETERMINES THAT: YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS FOR MEMBERSHIP STATED IN THESE TERMS & CONDITIONS; YOU OBTAINED OR MAINTAINED MEMBERSHIP BY MEANS OF FRAUD OR OTHER DECEPTIVE PRACTICE; AND /OR YOU ARE IN VIOLATION OF THESE TERMS & CONDITIONS.
- GENERAL: NOCO reserves the right, in its sole discretion and at any time, to cancel, modify, or restrict the Program, in whole or in part, or any aspect of the Program, in whole or in part, including, without limitation, Membership eligibility requirements and the discounts provided Members. NOCO may take any such action(s) without advance notice. At all times, Members are solely responsible for remaining knowledgeable about, and in compliance with, these Terms & Conditions.
NOCO assumes no responsibility for errors caused by incorrect Personal Information.
NOCO may change, suspend or discontinue any aspect of the Program at any time. NOCO may also impose limits on certain features and services or restrict your access to parts or the entire Program without notice or liability. NOCO reserves the right, in its sole discretion, to refuse service or cancel your Account. NOCO in its sole discretion may revoke any Member's membership in the Program at any time if such Member engages in abuse of the Program or fails to follow the Terms & Conditions of the Program. Fraud or abuse may result in revocation of Membership in the Program and may affect a Member's eligibility for participation in any other NOCO program. The interpretation and application of the Program's Terms & Conditions are at the sole discretion and determination of NOCO.
- COPYRIGHT AND USE OF NOCO'S INFORMATION: The Program is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. NOCO's names, logos and trademarks may not be used by you in any manner without the prior written consent of NOCO.
- INDEMNIFICATION: You hereby agree to indemnify, defend and hold NOCO, 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 Terms & Conditions or the representations, warranties and covenants contained herein, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. NOCO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NOCO.
- LIMITATION OF LIABILITY: THE PROGRAM INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NOCO MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT OF THE PROGRAM OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE. FURTHER, NOCO 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 PROGRAM. NOCO AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. NOCO SHALL NOT BE LIABLE FOR ANY FAILURE OF THE PROGRAM WHICH RESULTS FROM ACTS OR EVENTS BEYOND THE COMPANY'S REASONABLE CONTROL.
IN NO EVENT SHALL NOCO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE PROGRAM. THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR INFORMATION SYSTEM, OR THE LOSS OF ANY INFORMATION OR DATA. THE MAXIMUM LIABILITY COLLECTIVELY OF THE COMPANY SHALL NOT EXCEED TEN DOLLARS ($10) FOR ANY DAMAGES OF ANY NATURE, INCLUDING GROSS NEGLIGENCE, ARISING IN CONTRACT, TORT OR OTHERWISE.
- GOVERNING LAW: The Program is created and controlled by NOCO, in the State of New York, U.S.A. As such, the laws of State of New York will govern the Program and these Terms & Conditions in all respects, without giving effect to any principles of conflicts of laws. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK IN ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE PROGRAM. You agree to follow all applicable laws and regulations with respect to these Terms & Conditions.
These Terms & Conditions constitute the entire agreement between NOCO and you with respect to your use of the Program. Any cause of action you may have with respect to your use of the Program must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms & Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms & Conditions, and the remainder of these Terms & Conditions shall continue in full force and effect. For more information please call: (716) 614-1320.