Terms and Conditions

Maverik Adventure Club Card

and Adventure Club Nitro Card
Fuel Discount and Loyalty Rewards Program

Terms and Conditions
 

This document sets forth the terms and conditions of the Maverik Adventure Club Card (“Club Card”) and Adventure Club Nitro® Card (“Nitro® Card”) Fuel Discount and Loyalty Rewards Program (“Program”). The Program may be modified, revised or terminated by Maverik at any time with or without notice and is subject to applicable governmental requirements.

 

Club Card

Fuel Purchase Discount

By swiping the Club Card and/or presenting the Club Card in the Maverik store (“Store”) for fuel purchases cardholders may receive up to two cents ($0.02) discount from the posted retail pump price for the purchase of each gallon of diesel fuel or gasoline.

Program Rewards

The Program provides certain loyalty reward points (“Trail Points”) for fuel purchases and merchandise purchased at a Store when the Club Card is properly presented upon payment at the pump or in the Store. Trail Points may be used for Program offerings, including but not limited to, the option to redeem Trail Points to enter sweepstakes (“Win Stuff”), purchase items available on the reward program website (“Buy Stuff”), or transfer points to another Club Card or Nitro® Card holder. In addition, as described in greater detail below, certain qualifying purchases may earn Punch-It! Rewards that can be redeemed after the necessary total Punch-It! Rewards are obtained for merchandise (“Freebies”) at the Store.

Trail Points

Trail Points may be earned on fuel and merchandise purchases at the Store upon proper presentment of the Club Card, displaying the Card holder’s barcode in the App or by using Alternate ID in the form of a phone number.

1.    Trail Points for Fuel Purchases. One (1) Trail Point is earned for each gallon of fuel purchased. Partial Trail Points may be earned for purchases below or above each gallon increment.

2.    Trail Points for in-Store Merchandise Purchases. One (1) Trail Point is earned for each dollar paid for purchase of eligible in-Store merchandise. Partial Trail Points may be earned for purchases of merchandise below and above each dollar increment.

3.    Exemptions. Trail Points may not be earned for purchases of certain in-Store merchandise, including G-cards, lottery tickets, tobacco products, alcohol products, phone cards, prepaid cards, stamps, money orders, and balance transfers or payments of balances on credit cards or as otherwise prohibited by law.

4.    Bonus Trail Points. Bonus Trail Points may be earned on certain days or for eligible promotional items.

5.    Triple Trail Point Tuesdays. Three (3) times the number of standard Trail Points may be earned on eligible in-Store merchandise purchases on Tuesdays.

6.    Trail Points Expiration. Each Trail Point automatically expires three hundred sixty five (365) days from the date the Trail Point was earned for the eligible fuel or in-Store merchandise purchase.

7.    Tracking Trail Points. Trail Points may be identified on the bottom of the receipts for fuel and in-Store purchases, at maverik.com or through the Maverik mobile application. Additional communication and tracking preferences may be selected at maverik.com or through the Maverik mobile application.

Punch-It! Rewards

The Punch-It! Rewards program functions similar to, for example, a buy-10-get-one-free paper punch card and is an electronic method of tracking (“Virtual Punch Card”) eligible purchases.  One (1) Punch-It! punch is provided for each eligible purchase of in-store merchandise and tracked electronically in the cardholder’s Virtual Punch Card account.  When a cardholder has obtained the number of Punch-It! punches specified with respect to the applicable in-store merchandise, the cardholder can redeem those Punch-it punches, for applicable in-Store merchandise (“Punch-It! Reward”).

1.    Selection of Virtual Punch Cards. Virtual Punch Cards for eligible in-Store merchandise may be available on the website or app and may be automatically activated and/or selected and activated to obtain a Punch-It! punch and to earn a Punch-it! Reward through maverik.com or through the Maverik mobile application.

2.    Redemption of Virtual Punch Card Punch-It! Rewards. When a Punch-It! Reward is earned, it may be redeemed in the Store by presenting the Club Card at the register on the next purchase of the eligible in-Store merchandise.

3.    Expiration of Virtual Punch Card Punch-It! Rewards. Punch-It! Rewards expire fifteen (15) days from the first date the Punch-It! reward is earned.

Lost, Stolen or Damaged Club Card

Lost, stolen or damaged Club Cards may be replaced by obtaining a replacement Club Card at the Store and following the replacement process for Club Cards at maverik.com or through the Maverik mobile application.

 

Nitro® Card

Instant Price Match

By using your Nitro® Card as the method of payment for fuel purchases in accordance to the terms and conditions of the Program you may receive the greater of: (a) up to six cents ($0.06) discount from the posted retail pump price for purchase of each gallon of diesel fuel or gallon of gasoline; or (b) up to the Instant Price Match (“IPM”) discount established by Maverik for the posted retail pump price for each gallon of diesel fuel or gallon of gasoline. Such fuel discounts are available only upon eligible use of the Nitro® Card as the method of payment subject to the terms and conditions of the Nitro® Card Program and are in lieu of and not additive to any fuel discounts available with the Club Card.

Description of Maverik’s Instant Price Match (“IPM”)

Maverik’s IPM is based upon Maverik’s proprietary methodology for identifying and tracking Qualifying Competitors (“QC”) for a particular Maverik Store. The IPM may not include all fuel grades and types and may not be directly based upon actual gross retail fuel price.  The IPM may not include fuel retailers as QC’s which are warehouse retailers, require membership fees or dues, or other charges or purchases necessary to make purchase fuel at the particular retailer. Maverik reserves the right to restrict, terminate, change or modify the IPM, its proprietary methodology, and to include or exclude, certain fuel grades and types and fuel retailers such as QC’s in the IPM in its sole and absolute discretion with or without prior notice.

Program Rewards

The Program provides certain loyalty reward points (“Trail Points”) for fuel purchases and merchandise purchased at a Store when the Nitro® Card is used as the method of payment at the pump or in the Store. Trail Points may be used for Program offerings, including but not limited to, the option to redeem points to enter sweepstakes (“Win Stuff”), purchase items available through the Adventure Club website (Buy Stuff”), or transfer points to another Club Card or Maverik Nitro® Card holder. In addition, certain qualifying purchases may earn Punch-It! Rewards that can be redeemed after the necessary total Punch-It! Rewards are obtained for merchandise at the Store.

Trail Points

Trail Points may be earned on fuel and merchandise purchases at the Store upon proper presentment of the Nitro® Card.

1.    Trail Points for Fuel Purchases. Two (2) Trail Points are earned for each gallon of fuel purchased. Partial Trail Points may be earned for purchases of fuel below or above each gallon increment.

2.    Trail Points for in-Store Merchandise Purchases. Two (2) Trail Points are earned for each dollar paid for purchase of eligible in-Store merchandise, except for Triple Trail Point Tuesdays. Partial Trail Points may be earned for purchases of merchandise below of above each dollar increment.

3.    Exemptions. Trail Points may not be earned for purchases of certain in-Store merchandise, including G-cards, lottery tickets, tobacco products, alcohol products, phone cards, prepaid cards, stamps, money orders, and balance transfers or payments of balances on credit cards or as otherwise prohibited by law.

4.    Bonus Trail Points. Bonus Trail Points may be earned on certain days or for eligible promotional items.

5.    Triple Trail Points Tuesdays. Three (3) times the number of standard Trail Points may be earned on eligible in-Store merchandise purchases on Tuesdays.

6.    Trail Points Expiration. Each Trail Point automatically expires three hundred sixty five (365) days from the date the Trail Point was earned for the eligible fuel or in-Store merchandise purchase.

7.    Tracking Trail Points. Trail Points may be identified on the bottom of the receipts for fuel and in-Store purchases, at maverik.com or through the Maverik mobile application. Additional communication and tracking preferences may be selected at maverik.com or through the Maverik mobile application.

Punch-It! Rewards

The Punch-It! Rewards program functions similar to, for example, a buy-10-get-one-free paper punch card and is an electronic method of tracking (“Virtual Punch Card”) eligible purchases.  One (1) Punch-It! punch is provided for each eligible purchase of in-store merchandise and tracked electronically in the cardholder’s Virtual Punch Card account.  When a cardholder has obtained the number of Punch-It! punches specified with respect to the applicable in-store merchandise, the cardholder can redeem those Punch-it punches, for applicable in-Store merchandise (“Punch-It! Reward”).

1.    Selection of Virtual Punch Cards. Virtual Punch Cards for eligible in-Store merchandise may be available on the website or app and may be automatically activated and/or selected and activated to obtain a Punch-It! punch and to earn a Punch-it! Reward through maverik.com or through the Maverik mobile application.

2.    Redemption of Virtual Punch Card Punch-It! Rewards. When a Punch-It! Reward is earned, it may be redeemed in the Store by presenting the Club Card at the register on the next purchase of the eligible in-Store merchandise.

3.    Expiration of Virtual Punch Card Punch-It! Rewards. Punch-It! Rewards expire fifteen (15) days from the first date the Punch-It! reward is earned.

Lost, Stolen or Damaged Nitro® Card

Lost, stolen or damaged Nitro® Cards may be replaced by following the deactivation process for Maverik Nitro® Cards and activation of the replacement Maverik Nitro® Card at maverik.com or through the Maverik mobile application and by accepting and complying with the terms and conditions of the Nitro® Card Program.

Maverik Nitro® Card Restrictions

The Nitro® Card must be properly presented and used for payment of fuel or in-Store merchandise to obtain IPM fuel discounts and other Nitro® Card Trail Points and rewards.

Nitro® Card Agreement

This Agreement explains how your Nitro® Card (“Card”) will work.  It also explains the terms that both you and we agree to follow with respect to this Card.  In this Agreement, “we”, “us”, and “our” mean Maverik, Inc. (“Maverik”); and “you” and “your” mean everyone who is liable for purchases made using your Card.  By your use of this Card, you agree to the terms of this Agreement.  This Agreement, the Maverik Error Resolution Notice and the Maverik Privacy Policy are collectively included within the definition of “Agreement”.

  1. YOUR PAYMENT AGREEMENT – By using your Card, you authorize an automatic clearing house (“ACH”) transaction in which your designated deposit account (your “Deposit Account”) at your designated depository institution (your “Depository Bank”) will be ACH debited for the full amount of any purchase of Maverik products or services made with your Card (each a “Purchase Transaction”).

You agree that ACH debits to your Deposit Account resulting from Purchase Transactions may range from $0.01 to $500.00, and you authorize any ACH debits within this range (the “Range”).  You may request an increase in the range for Purchase Transactions from $500.01 to a higher specific amount, which approval shall be in Our sole and absolute discretion (“Revised Range”).  If you are approved for a Revised Range, you will be responsible for Purchase Transactions in this Revised Range.  You agree that Maverik and any financial institution is not required to provide any notice of an ACH debit entry to your Deposit Account which falls within this Range. In order to establish the authenticity of your account and the availability of funds, you agree that Maverik may limit your transactions for the first ten (10) days after activation of your account or from the first use of your account.   With respect to any transaction by you using the Card, you agree that Maverik, in its sole discretion, may limit at the Point of Sale (“POS”) the authorized dollar limit per transaction, and/or the number of transactions authorized in a day and/or the number of transactions authorized during any seven (7) day period.  You agree that any ACH transaction may occur several business days after your Purchase Transaction(s) have occurred and after the date shown on your Purchase Transaction(s) receipt(s). 

You agree that you will not use your Card to make purchases for amounts in excess of available funds you have in your Deposit Account as determined by your Depository Bank as of the date the Depository Bank processes the ACH.  Maverik is not responsible for the actions of your Depository Bank in failing to authorize a transaction for any reason or for any fees charged to you by your Depository Bank in connection with your use of the Card.  A financial institution may for the sole purpose of receiving full payment for Purchase Transaction(s), resubmit through a financial institution an ACH one or more times if the Depository Bank has not sent funds equal to the total previously requested ACH amount(s). 

Your authorization will remain in effect until we have received notification from you that you are revoking your authorization and closing your Card account in such time and in such manner as to afford us, our financial institution or your Depository Bank to act on it.  You may revoke your authorization and close your Card by calling us toll free at (800) 789-4455, or writing us at: Maverik, Inc., c/o Nitro Card Customer Service, 185 South State Street, Suite 800, Salt Lake City, Utah 84111.

  1. AUTHORIZED USER AND ENROLLMENT REQUIREMENTS – If you have designated to us a person authorized to use your Card (an “Authorized User”), you agree to be individually responsible for all ACH transactions made by any Authorized User.  You also authorize and agree to pay for all Purchase Transactions made by anyone using the Card.  You must be eighteen (18) years of age or older in order to open your Card account.  You will need a valid and functioning email address if you are doing enrollment or want to manage your Card account at Maverik’s web site at https://maverik.com (“maverik.com”) or the Maverik mobile application.  If you are doing enrollment of a Card by paper application you will need to provide a valid driver’s license number.  You agree (a) to provide true, accurate, current, complete information about yourself as prompted and required by the Card enrollment and activation process.  If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the Card (or limit transactions under the Card as provided in this Agreement).  By enrolling and activating your Card, in addition to the terms of this Agreement, you agree to comply with applicable federal, state/provincial and local laws, rules and regulations and that the origination of ACH transactions to your account must comply with United States laws.  In addition, you are authorizing us to verify your identity. 
  2. YOUR PIN – After we issue you your Card, you will select a personal identification number (“PIN”) to be associated with your Card.  You will be required to enter this PIN during every Purchase Transaction.  You agree that the use of your PIN will constitute your consent to and authorization of every Purchase Transaction for which your PIN is used. 
  3. SAFEGUARDING YOUR CARD, CARD NUMBER AND PIN – You agree to safeguard your Card, Card number and PIN to prevent unauthorized use.  You must activate your Card through maverik.com, the Maverik mobile application, or for Card paper applications by calling Nitro Card Customer Service at (800) 789-4455 before using your Card to make Purchase Transactions.  You agree to abide by the terms of this Agreement and follow the instructions that are set out at maverik.com, the Maverik mobile application and information provided with your Card paper application regarding use of your Card.  You will need your Card number, email account, password and PIN to log into Maverik’s system at maverik.com to access your account information and transaction history.  If you have enrolled your Card by paper application and are unable to access your account at maverik.com, you may call Nitro Card Customer Service at (800) 789-4455 to receive certain customer service, including Card account information, transaction history and setting or resetting your PIN.  When you call Nitro Card Customer Service, You will need your user name and password and other information to verify your identity and Cardholder status.
  4. USE OF YOUR CARD – You may only use your Card to pay for fuel and in-Store Merchandise at participating Maverik stores in the United States (“Stores”).  You must present your Card and enter your PIN if you wish to use your Card for a Purchase Transaction.  If you return an item previously purchased using your Card in accordance with our merchandise return policy, the amount of the return will be credited by ACH to your Deposit Account.

When you use your Card, you will be limited by the amount of funds in your Deposit Account and any applicable overdraft line of credit that you have in connection with your Deposit Account (if applicable), as of the date the Depository Bank receives and processes the ACH debit to your Deposit Account.  You may also be limited by your Depository Bank on the number of Purchase Transactions you may make using your Card and you may incur additional fees for the number or amount of Purchase Transactions that exceed your Depository Bank limits.  We recommend that you read your agreement with your Depository Bank to understand any additional fees associated with Purchase Transactions using your Card.  You should consider having overdraft protection on the account used for Purchase Transactions. 

You may not use your Card, and your Card will not work, for any transactions or financial services other than Purchase Transaction, including but not limited to automated teller machines (“ATMs”), bill pay kiosks, the purchase of non-Maverik goods or services or for any other use restricted by us or prohibited by any applicable law.  You cannot use your Card at non-participating Stores, or anywhere outside the United States.  You may not use your Card to make a payment on any credit card account, including for credit cards issued by us, our affiliates or our financial institution partner.  You cannot use your Card to authorize recurring preauthorized payments from your Deposit Account. 

  1. UNPAID ACH TRANSACTIONS. – Your Depository Bank may return as unpaid an ACH transaction attempt if: (i) your Deposit Account does not have sufficient funds balance to cover the full amount of the ACH transaction; (ii) your Deposit Account is closed; or (iii) your Deposit Account is not reachable through normal automatic electronic communication for any other reason.  Additionally, if you receive a credit to your Deposit Account through our financial institution due to a suspected ACH transaction error, and we later determine there was no error, we may deem such ACH as unpaid. In the event an ACH transaction is returned or deemed unpaid, the funds owed to us will become immediately due and payable to us.  You agree to pay in United States dollars the full amount of the unpaid ACH and any applicable Returned Payment Fees published by us.  You also agree that we may suspend use of your Card or use or activation of any replacement Cards until we receive payment in full of all amounts due and payable to us.  If we determine you have too many ACH transactions that are returned as unpaid (which may be as few as one (1) ACH transaction), we may terminate your Card or the use of your Card or the activation of any replacement Cards, even if you eventually pay the unpaid ACH transaction(s). 
  2. UNAUTHORIZED ACH USE – IF YOUR CARD, YOUR CARD NUMBER OR YOUR PIN IS LOST OR STOLEN, NOTIFY US AT ONCE by calling us at (800) 789-4455 or write us at: Maverik, Inc., c/o Nitro Card Customer Service, 185 South State Street, Suite 800, Salt Lake City, Utah 84111.  You may take immediate action to keep your possible losses down by deactivating your Card at www.maverik.com or through the Maverik mobile application.  You may also telephone us to notify us that your Card, Card number or PIN has been lost or stolen and request that we deactivate your Card.  You could lose ALL the money in your Deposit Account (plus your maximum, overdraft line of credit) that can be accessed by the Card.  If you tell us within four (4) business days after you learn of the loss or theft of your Card, Card number, or PIN, you can lose no more than fifty dollars ($50.00), from the time of notification, in the event someone used your Card, Card number, or PIN without your permission. 

If you do NOT tell us within four (4) business days after you learn of the loss or theft of your Card, Card number, or PIN, and we can prove that we could have stopped someone from using your Card, Card number, or PIN without your permission if you had told us, we are not obligated to limit your loss amount, and you may be liable for all unauthorized charges on your Card.

Also, if the statement issued by your Depository Bank for your Deposit Account shows any ACH transaction(s) that you did not make, you must tell us at once.  If you do not tell us within ninety (90) days after the statement is mailed to you, you may not get back any money you lost after the ninety (90) days if we can prove that we could have stopped someone from taking the money if you had told us in time.  If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

  1. RETURNED PAYMENT FEE – If the Depository Bank returns an ACH debit unpaid for any reason, you agree to pay a "Returned Payment Fee" as a service charge through a one-time ACH debit (or electronic funds transfer using a bank draft drawn on your account) as follows for the state in which your Depository Bank is located:
AL $30 DC $25 MD $35 NV $25 OR $35 UT $20
AK $30 HI $30 MA $25 NH $25 PA $25 VT $25
AZ $25 IL $25 MI $25 NJ $25 PR $15 VI $15
AR $30 IN $20 MN $30 NM $25 RI $25 VA $50
CA $25 IA $30 MS $40 NY $20 SC $30 WA $25
CO $20 KS $30 MO $25 NC $25 SD $40 WV $25
CT $20 KY $25 MT $30 ND $40 TN $30 WI $25
DE $40 ME $25 NE $25 OK $25 TX $30 WY $30

FL  $25 for payments less than or equal to $50, $30 if greater than $50 and less than or equal to $300, $40 if greater than $300, or 5% of the payment amount whichever is greater

ID $20 or face value of the payment, whichever is less.

 

LA $25or 5% of the face value of the payment, whichever is greater.

GA $30 or 5% of face value of the payment whichever is greater.

OH $30 or 10% of the face value of the payment, whichever is greater.

 

You authorize us to initiate an ACH transaction from your Deposit Account automatically for any Returned Payment Fee after we receive notice of an unpaid ACH transaction.  You agree to pay the Returned Payment Fee if any check or other instrument given as payment to us for amounts you owe in connection with your Card is not honored by your Depository Bank.

  1. DOCUMENTATION – You can get a receipt at the time you make any ACH transaction with your Card using one of the point-of-sale terminals at the fuel pump or registers in the Store.  You may also elect at maverik.com to receive email notifications of your Card purchases.
  2. BUSINESS DAYS – For purposes of this Agreement, our business days are Monday through Friday, excluding national bank-recognized Holidays.
  3. OUR LIABILITY – Maverik, its agents, employees, officers, and directors shall not be liable for any damages or losses incurred by you, except for damages or losses attributable to our gross negligence or willful misconduct. In no event shall Maverik, its agents, employees, officers or directors be liable for indirect, special, consequential, or punitive loss or damage of any kind.
  4. CONFIDENTIALITY – We will disclose information to third parties about your Deposit Account or the ACH you make:
  • Where it is necessary for completing the ACHs;
  • In order to verify the existence and condition of your Deposit Account or Card for a third party, such as a consumer reporting agency or merchant;
  • In order to comply with governmental agency or court orders;
  • If you give us written permission; or
  • As otherwise provided in our Nitro® Card - Privacy Policy (“Privacy Policy”). You agree to our collection, use and sharing of your information as provided in the Privacy Policy.
  1. APPLICATION OF PAYMENTS – Unless otherwise required by applicable law, we through our financial institution will apply your ACH or other forms of payment in the following order: old Card purchases, Returned Payment Fees, and new Card purchases.
  2. SPECIAL PROMOTIONS – Occasionally, we may provide you the opportunity to use your Card in connection with special promotions.  These promotions may be subject to terms and conditions in addition to or different from those provided in this Agreement, which will be described in our offer.  Unless otherwise stated, however, all the terms of this Agreement shall apply to any promotion.

15.  YOUR REPRESENTATIONS AND WARRANTIES – You represent and warrant to us that you are an owner of your Deposit Account, that you are authorized to make ACH transactions to and from your Deposit Account and that your Deposit Account is held at a bank located in the United States. 

  1. WARRANTY LIMITATIONS – THIS CARD AND THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT.  WE DO NOT AND CANNOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERRORS, OR THAT CARD OR SERVICE WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. 
  2. DEFAULT – Subject to applicable law, you will be in default under this Agreement if you violate any terms of this Agreement, including without limitation if we receive notice of an unpaid ACH transaction, or if you become the subject of bankruptcy, insolvency proceedings, or filed lien.  Upon default or death, subject to applicable law, we may in our sole discretion: (a) terminate your Card and prevent all future attempts to activate new Cards, at which time the terms of this Agreement will continue until we have been paid in full; (b) require immediate payment of all unpaid ACH transactions and the related fees; (c) bring a legal action against you to collect money owed to us; and (d) take any other action permitted by applicable law.  If we refer your Card to collections or to an attorney for collection, you must pay us all the costs and expenses of collection, including attorneys’ fees, to the extent prohibited by law.

All Cards we issue are our property and they must be returned to us if we ask you to return them.  If you have unpaid ACH transactions and related fees, as permitted by law, we may require that any merchandise purchased using your Card which you return be processed as a credit to the unpaid ACH transactions or the related fees.  Upon any termination of this Agreement by you or us, you will continue to be obligated to pay all amounts owing under this Agreement, and to otherwise perform the terms and conditions of this Agreement.

  1. ACCORD AND SATISFACTION – We may accept letters, checks or other types of payments showing “payment in full” or using other language to indicate satisfaction of any amount owed by you to us (“Unpaid Amounts”) without waiving any of our rights to receive full payment under the terms of this Agreement.  You agree to send any Unpaid Amounts to: Maverik, Inc., c/o Nitro Card Customer Service, 185 South State Street, Suite 800, Salt Lake City, Utah 84111.
  2. CONSUMER REPORT USE AND INFORMATION FURNISHING - We or our collection or credit service providers may check information about you or your financial history with consumer reporting agencies (including credit bureaus) or others.  We or our collection or credit service providers may also report information about you, your Card activation, transactions, and our experiences with you to consumer reporting agencies, to other companies that are affiliated with us, or to others as allowed by law and our Privacy Policy.  If you do not fulfill the terms of this Agreement, we or our collection or credit service providers may submit a negative report to one or more consumer reporting agencies.  If you believe we have reported inaccurate information about you or your Card to a consumer reporting agency, you should notify us by sending your Card number and description of the information you believe to be inaccurate to: Maverik, Inc., c/o Nitro Card Customer Service, 185 South State Street, Suite 800, Salt Lake City, Utah 84111.
  3. COMMUNICATIONS WITH YOU – We or our agents may call you by telephone regarding your Card.  You agree that we may place such calls using an automatic dialing/announcing device.  You agree that we may make such calls to a mobile telephone or other similar device.  You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record conversations you have with us.
  4. WHAT LAW APPLIES – This Agreement will be governed by federal law and to the extent state law applies, by the law of Utah.  If there is any conflict between any of the terms and conditions of this Agreement and applicable federal or state law, this Agreement will be considered changed to the extent necessary to comply with the law.  You and we agree that in the event of any controversy or claim arising out of this Agreement, including any breach or failure, brought to enforce this Agreement shall be brought solely through the error resolution process set forth in the Error Resolution Notice
  5. CHANGE OF PERSONAL INFORMATION – You agree to tell us right away of any change in your name, address or telephone numbers, and any change in your Deposit Account Information, email or the identifying information contained in your driver’s license card, or any other information that you used when applying for the Card.
  6. ASSIGNMENT – We may sell, assign or transfer this Agreement and/or Card(s), or any receivables created through use of the Card(s), without notice to you.  You may not sell, assign or transfer this Agreement or your Card without first obtaining our written consent, which consent may be withheld in our sole and absolute discretion.
  7. NO WAIVER – We may waive or delay enforcing any of our rights under this Agreement without losing them.
  8. OTHER CHANGES TO THIS AGREEMENT – We have the right to change this Agreement (including the right to add additional terms) and to apply those changes to any unprocessed or unpaid ACH transactions and the related fees.  We will provide you with notice of any such changes as required by applicable law.
  9. ERROR RESOLUTION –The procedure and terms and conditions for resolving any errors is provided in the Card – Error/Dispute Resolution Notice.

 

 NITRO® CARD

ERROR/DISPUTE RESOLUTION NOTICE

 

ERROR RESOLUTION NOTICE

 

IN CASE OF ERRORS OR QUESTIONS ABOUT PURCHASE TRANSACTIONS:

 

Telephone us toll free at (800) 789-4455 or writing us at: Maverik, Inc., c/o Nitro Card Customer Service, 185 S. State Street Suite 800, Salt Lake City, Utah 84111.

 

Your Depository Bank is required to provide you with a monthly statement (“Bank Statement”) of ACH debits and credits to your Deposit Account for Purchase Transactions.  You need to notify Maverik as soon as you can, if you think your Bank Statement or receipt is wrong, or if you need information about a Purchase Transaction made using your Card for any Purchase Transaction, including for fuel or in-Store merchandise at a Maverik Store listed on your Bank Statement or receipt.  We must hear from you no later than ninety (90) days after the FIRST Bank Statement on which the problem or error appeared, including any paperless or electronically delivered statements to you.

 

  1. Tell us your name and Card number.
  2. Describe the error or the Purchase Transaction you are unsure about, and explain as    clearly as you can why you believe it is an error or why you need more information.
  3. Tell us the dollar amount of the suspected error.
  4. Tell us the date and amount of the Purchase Transaction.
  5. Tell us the location of the Maverik store where the Purchase Transaction occurred.

 

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

 

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly.  If we need more time, however, for point-of-sale transactions, we may take up to ninety (90) days to investigate your complaint or question for sales of fuel at the pump or for In-Store sales at the register. If we decide to do this, we will request our financial institution to credit your Deposit Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation.  If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not request that our financial institution credit your Deposit Account.

 

We will tell you the results of our investigation within three (3) days after completing our investigation.  If we decide that there was no error, we will send you a written explanation. You may ask for certain information from documents we used in completing our investigation.

ALL QUESTIONS ABOUT PURCHASE TRANSACTIONS MADE WITH YOUR CARD MUST BE DIRECTED TO US (MAVERIK, INC.) AND NOT TO YOUR DEPOSITORY BANK.  We will attempt to identify and resolve any errors in transactions made with your Card.

We are not required to and will not send you a periodic statement listing Purchase Transactions that you make using your Card, but we may voluntarily make certain Purchase Transaction and history available for your review at maverik.com, through the Maverik mobile application or through email notifications. A periodic statement of ACH debits and credits for Purchase Transactions will appear only on the statement issued by your Depository Bank (“Bank Statement”) SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR CARD, AND CHECK THEM AGAINST YOUR BANK STATEMENT.  You may also compare your Bank Statement to your Purchase Transaction history, as it may be available, at maverik.com, through the Maverik mobile application, or through email notifications.  If you have any questions about one or these Purchase Transactions, call us toll free at (800) 789-4455 or writing us at: Maverik, Inc., c/o Nitro Card Customer Service, 185 South State Street, Suite 800, Salt Lake City, Utah 84111.

DISPUTE RESOLUTION NOTICE

Maverik and you agree to arbitrate all disputes and claims between us except as specifically provided herein for collections. Neither you nor Maverik 1) shall bring a putative or certified class action to arbitration, or 2) seek to enforce any putative or certified class action in a court of law except as otherwise provided by applicable federal or state law and in no event until after any arbitration has been completed and final arbitration decision and award has been made. This pre-dispute arbitration clause is intended to be broadly interpreted. It includes, but is not limited to:

·    claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

·    claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);

·    claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

·    claims that may arise after the termination of this Agreement.

 

YOU AND MAVERIK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Maverik agree otherwise, the arbitrator may not consolidate ANY PERSON’S CLAIM WITH YOURS OR more than one person's claims IN CONNECTION WITH YOUR CLAIM UNDER THE AGREEMENT, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU AGREE AS FOLLOWS:

  1. Both you and Maverik are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the applicable rules of arbitration.
  2. Arbitration awards can be final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
  3. The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
  4. The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least twenty (20) days prior to the first scheduled hearing date.
  5. The panel of arbitrators may include a minority of arbitrators who are affiliated with the financial services industry.
  6. The rules of arbitration may impose time limits for bringing a claim in arbitration.
  7. Arbitrations under this arbitration provision will be administered by the AAA, a leading non-profit arbitration provider (http://www.adr.org). The arbitration will be conducting using the AAA's Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes as modified by these arbitration provisions to make arbitration less expensive and more convenient for our customers. Because the AAA may update those rules from time to time, and because the applicable rules for any particular arbitration will be the ones in force at the time, please check the AAA's website (https://www.adr.org/Rules) to see the latest version. 

(h)     Notwithstanding any provision in this Agreement to the contrary, we agree that if Maverik makes any future change to the arbitration provision (other than a change to the Notice Address) of the Error Resolution Notice, you may reject any such change by sending us written notice within thirty (30) days of change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with this provision.

 

Any disputes or legal proceedings relating to this Agreement, shall be governed by federal law or the applicable laws of the State of Utah.  Any arbitration proceedings, disputes, legal actions, lawsuits, or claims (“Claims”) regarding the Agreement shall be brought in the federal or state courts located in Salt Lake County, Utah, unless otherwise prohibited by applicable federal or state law in which case the Claims shall be brought in the federal or state jurisdiction in which the disputed Purchase Transaction occurred.  This Error Resolution Notice does not cover claims by Maverik against you for collections of unpaid amounts owed by you to us which may be brought in small claims court or a state court, which may be brought in the jurisdiction in which the Purchase Transaction occurred or you reside or other applicable jurisdiction.  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

 

How Do I Arbitrate A Claim?

Maverik is committed to customer satisfaction. Part of that commitment is ensuring that any dispute a customer may have is resolved in a fair, effective, and efficient manner. Most of the time, if you have a concern about a Purchase Transaction, fuel purchase or in-Store Merchandise purchase, or any other Maverik services or products, that concern can be resolved quickly and to your satisfaction by calling our customer service department toll free at (800) 789-4455. If you are still not satisfied, you may have your dispute resolved through the arbitration procedures set out in this Agreement.

You can arbitrate a claim by taking the following steps:

 

1.       Mail A Notice Of Dispute to Maverik’s Legal Department. Before beginning any arbitration against us, you must first notify us of your dispute and allow us an opportunity to resolve it without the need for arbitration. Please follow the procedures set forth in this Error/Dispute Resolution Notice.  If you choose to arbitrate, write us a letter briefly explaining the dispute and identifying the specific relief that you would like. Please provide as much information as you think would be helpful, including dates and specific amounts of money, if possible. Please also include the account holder's name, the account number, your contact information, address, primary telephone number, and an alternate telephone number at which you may be reached during business hours. Once you have written the letter or filled out the Notice, please send it to us by certified mail at Maverik, Inc., Attn: Legal Department. 185 South State Street, Suite 800, Salt Lake City, UT 84111. Please be sure to keep a copy of the letter or Notice for your records.

 

2.       Wait 30 Days To See Whether The Dispute Can Be Resolved Without Arbitration. If we have not been able to resolve your dispute to your satisfaction within thirty (30) days from when we received your Notice of Dispute, you may start arbitration proceedings. Please be sure to retain a copy of any written settlement offers that we make, but note that the amount of any settlement offer that you or we make must not be shown to the arbitrator until after the arbitrator has resolved the merits of your claim.

 

3.       Complete A Demand For Arbitration. You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and Maverik, in most cases); (b) a description of the dispute; (c) and a short statement of the relief you are seeking.

 

4.       Send Us A Copy of Your Demand for Arbitration. Complete the Demand for Arbitration and make at least four (4) copies. Keep one copy for your records. Send one copy to us at Maverik, Inc., Attn: Legal Department. 185 South State Street, Suite 800, Salt Lake City, UT 84111.

 

5.       Choose The Kind Of Hearing You Would Like. Unless you and we agree to have any arbitration hearings somewhere else, they will take place in Salt Lake County, Utah. If your claim is for $10,000 or less, you may choose whether any hearings are conducted in person or by telephone. Alternatively, you may choose to proceed by a "desk" arbitration, which does not involve an interactive hearing. Instead, the arbitrator resolves the dispute solely on the basis of the documents that you and we submit. Once arbitration has commenced, you have ten (10) days to inform the arbitrator of your choice of hearing. If you do not make a choice, the arbitrator will assume that you want a desk arbitration. If your claim exceeds $10,000, the right to a hearing may be available, but you and we may agree whether that hearing is in person or by telephone, or whether to instead proceed with a desk arbitration.

 

6.       Arbitrator's Decision. Within fourteen (14) days from the conclusion of the in-person or telephone hearing or from the submission of all written evidence to the arbitrator if you chose a desk arbitration, the arbitrator will render a written decision. That decision will include the essential findings and conclusions upon which the arbitrator based his or her award.

 

7.       Arbitration Costs In Frivolous Cases. If the arbitrator not only rules against you, but also rules that either the substance of your claim or the relief you requested in your Demand for Arbitration was either frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b) or other applicable federal or state law), then you may be responsible for the costs of arbitration.

 

NITRO® CARD - PRIVACY POLICY

This privacy policy is provided by Maverik. It applies to the Nitro® Card.

 

MAVERIK DOES NOT SHARE YOUR PERSONAL INFORMATION WITH OTHER PEOPLE OR COMPANIES.

 

Federal law requires us to tell you how we 1) collect, 2) share, and 3) protect your personal information. Please read this notice carefully to understand what we do.

 

Collect: The types of personal information we collect depends on the product or service you have with us. This information can include:

  • social security number and income
  • purchase history and payment history
  • credit history and credit scores         

 

We collect your Card personal information, for example,

  • when you open an account or give us your contact information
  • pay your bills or give us your income information
  • use your Nitro card

 

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

 

Share: Maverik does not share customers’ personal information with other people or companies. Maverik needs to use customers' personal information to set up your account and run our everyday business. In the section below, we list the reasons companies can share their customers' personal information; the reasons Maverik chooses to share; and whether you can limit this sharing.

Reasons we can share your Card Personal Information May Maverik share your Card Personal information? Can you limit this sharing?
For our everyday business purposes — such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No
For our marketing purposes — to offer our products and services to you Yes No
For joint marketing with other financial companies Yes No
For our affiliates' everyday business purposes - information about your transactions and experiences No We Don’t Share
Maverik will not share for nonaffiliates to market to you No We Don’t Share

Federal law gives you the right to limit only

  • sharing for affiliates' everyday business purposes—information about your creditworthiness (Please note: Maverik does not share this type of information with its affiliates)
  • sharing for nonaffiliates to market to you (Please note: Maverik does not share this type of information with its nonaffiliates)

 

State laws and individual companies may give you additional rights to limit sharing

           

Protect: Maverik’s identity theft prevention program and information security policy set out measures to protect your personal information from unauthorized access and use.  These programs comply with federal law and include computer safeguards and secured files and buildings.

(Vers. 05/22/17)