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”, “your”, and “customer” mean the Card holder and every person authorized to use the Card. By your use of this Card, you agree to the terms of this Agreement. “Agreement” means this Nitro® Card Agreement, including the Dispute Resolution Notice and the Privacy Policy below.

• AUTOMATED CLEARING HOUSE (“ACH”) AUTHORIZATION - YOU UNDERSTAND AND AGREE THAT WHEN YOU CHOOSE TO PURCHASE AND PAY FOR GOODS, SERVICES OR OTHER CHARGES WITH YOUR CARD, THEN BY USING YOUR CARD AT A POINT OF SALE TERMINAL (each, a “PURCHASE TRANSACTION”), YOU AUTHORIZE PAYMENT IN THE AMOUNT INDICATED THROUGH THE POINT OF SALE TERMINAL BE PROCESSED AS AN ELECTRONIC FUNDS TRANSFER (“EFT”) OR DRAFT DRAWN FROM YOUR DESIGNATED DEPOSIT ACCOUNT (your “DEPOSIT ACCOUNT”) AT YOUR DESIGNATED DEPOSITORY INSTITUTION (your “DEPOSITORY BANK”) AND, IF NECESSARY, TO HAVE YOUR DEPOSIT ACCOUNT ELECTRONICALLY CREDITED TO CORRECT ERRONEOUS DEBITS. YOU UNDERSTAND THAT YOUR PAYMENT AUTHORIZATION IS DEEMED VALID WHEN YOU USE YOUR CARD AT A POINT OF SALE TERMINAL. DUE TO THE SPEED OF ELECTRONIC PAYMENT PROCESSING, AFTER YOU AUTHORIZE A PAYMENT, THE PAYMENT CANNOT BE CANCELLED.

You agree that any ACH transaction may occur on or within as many as five days following 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, from the time you initiate a transaction until the time the transaction has been debited from your Deposit Account. 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 or as a result of the timing of an ACH transaction. A financial institution may for the sole purpose of funding 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.

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, emailing us at: customerservice@maverik.com, or writing us at: Maverik, Inc., c/o Nitro Card Customer Service, 185 South State Street, Suite 800, Salt Lake City, Utah 84111.

• 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 choose to enroll or manage your Card account at Maverik’s web site at https://maverik.com (“maverik.com”) or the Maverik mobile application. If you choose to enroll by paper application you will need to provide a valid driver’s license number. You agree 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.
• 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.
• 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.
• 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.
• LIMITATIONS ON FREQUENCY AND AMOUNT OF TRANSACTIONS - To protect the security and integrity of your Card, there are limits on the frequency and amount of transactions that may be made with the Card.

Your Card is issued by us. It is not issued by your Depository Bank that maintains the Depository Account that you have linked to your Card. The terms, benefits, and protections associated with your Card may vary from those that apply to a debit card issued by your Depository Bank. For example, if you use your Card to make a purchase that exceeds the balance in your Depository Account that you linked to the Card, that Depository Account may become overdrawn even if you chose not to allow overdrafts with respect to a debit card issued by your Depository Bank, and you may incur associated overdraft fees. Similarly, the liability limits applicable to your Card may be different from those applicable to a debit card issued by your Depository Bank.

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.

• 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).

• YOUR LIABILITY - Tell us at once if you believe that your Card has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Depository Account (plus your maximum overdraft line of credit). If you tell us within four business days after you learn of the loss or theft of your Card, you can lose no more than $50 if someone used your Card without your permission.

  If you do not tell us within four business days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.

  Also, if the statement you receive from your Depository Bank regarding your Depository Account shows transfers made by use of your Card that you did not make, tell us at once. If you do not tell us within 90 days after the statement was mailed to you, you may not get back any money you lost after the 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 will extend the time periods.

• CONTACT IN THE EVENT OF UNAUTHORIZED USE OF YOUR CARD - If you believe your Card has been lost or stolen, call us(800) 789-4455. You should also notify your Depository Bank.

• IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS - ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR CARD MUST BE DIRECTED TO US AND NOT THE DEPOSITORY BANK WHERE YOU HAVE YOUR DEPOSITORY ACCOUNT. We are responsible for the Card and for resolving errors in transactions made with your Card. We will not send you a periodic statement listing transactions that you make using your Card. The transactions will appear only on the statement issued by your Depository Bank. SAVE THE RECEIPTS AND EMAILS YOU ARE GIVEN WHEN YOU USE YOUR CARD, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR DEPOSITORY BANK. If you have any questions about one of these transactions, call or write us at the telephone number and address indicated below.

  Please telephone 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 or email us at: customerservice@maverik.com as soon as you can, if you think your receipt or the statement from your Bank is wrong or if you need more information about a Card transaction listed on the receipt or statement. We must hear from you within 90 days after your Depository Bank sent the FIRST statement on which the problem or error appeared.

  • (i) Tell us your name, address, telephone number, Depository Bank and Depository Bank Account number;
  • (ii) Describe the error or the Card transaction you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information; and
  • (iii) Tell us the dollar amount of the suspected error.

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

  We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Depository Account within 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 10 business days, we may not credit your Account.

  For errors involving new accounts or a transaction at the point-of-sale, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

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

• RETURNED PAYMENT FEE - If any transaction you make is returned unpaid, you authorize us to make an electronic fund transfer from, or paper draft to, your Deposit Account to collect a fee. The fee will be determined based on your state of residence as provided to us. See returned payment fee chart at: https://merchants.fiserv.com/en-us/customer-center/merchants/telecheck-returned-check-fees/. In the event that the Card is used at a point of sale terminal, and the returned-item fees posted at the point-of-sale are different from those set forth in herein, the fees posted at the point-of-sale shall apply.

• 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.

• BUSINESS DAYS - For purposes of this Agreement, our business days are Monday through Friday, excluding national bank-recognized Holidays.

• OUR LIABILITY - If we do not complete a Card transaction from your Depository Account on time or in the correct amount in accordance with this Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, if: (a) through no fault of ours, you do not have enough available funds in your Depository Account to make the transaction; (b) the transaction will go over the credit limit on your overdraft line of credit tied to your Depository Account (if any); (c) we receive incomplete or inaccurate Depository Account information from you or a third party; (d) you or we have terminated this Agreement; (d) the point-of-sale terminal or other part of the Card or transaction system was not working properly and you knew about the breakdown when you started the transaction; (e) your Card has been reported lost or stolen, we have reason to believe in our sole discretion that a transaction has not been properly authorized or that you or someone else is attempting to make a transaction for fraudulent or illegal purposes, or we otherwise have reason to believe in our sole discretion that transaction will be returned unpaid; (f) your Card has been canceled at our discretion; (g) you did not properly follow the provisions of this Agreement; or (h) circumstances beyond our control, such as fire, flood, or power loss, prevent the transaction, despite reasonable precautions that we have taken. There may be other exceptions stated in our Agreement with you.

• 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;
  • To consumer reporting agencies or debt collection agencies (as defined by applicable state and federal law);
  • To our employees, auditors, affiliates, service providers, or attorneys, as needed;
  • If you give us written permission; or
  • As otherwise provided in our Nitro® Card - Privacy Policy (“Privacy Policy”) or to the extent permitted by applicable law. You agree to our collection, use and sharing of your information as provided in the Privacy Policy.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.
• 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, or by calling us toll free at (800) 789-4455.
• 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.
• WHAT LAW APPLIES - This Agreement will be governed by federal law and the applicable laws of the State of Utah.
• JOINT ACCOUNT - If the Depository Account is owned by two or more persons, you represent and warrant that you have all necessary right, power and authority to act on behalf of each other owner of the Depository Account for purposes of this Agreement, including by authorizing us to debit funds in the Depository Account to satisfy transactions authorized pursuant to this Agreement.
• KEEPING YOU INFORMED OF CHANGES - We may change any term or condition of this Agreement in our sole discretion and from time to time. Any such change will generally be effective immediately without notice to you unless we are required by applicable law to provide you with advance written notice of the proposed changes. In such instances, those changes will be effective as stated in such notice. If you do not agree to the changes, you may terminate this Agreement in accordance with the terms of this Agreement. You will be deemed to accept any changes to this Agreement if you continue to maintain or use your Card after the date on which the changes became effective. This Agreement may not be amended or modified orally.
• CANCELLATION AND TERMINATION - We reserve the right to terminate this Agreement and cancel your Card for any reason and at any time without notifying you.

Calls, Emails, and Text Messages

You agree to receive calls, emails, and text messages from us, including advertising, telemarketing and promotional messages, by the use of an automatic telephone dialing system or an artificial or prerecorded voice, at any telephone number you provide, unless you contact us to let us know you want to stop communications. Your consent to receive such contacts is not a condition of using our services and you may revoke your consent at any time.

You can withdraw your consent to receive marketing communications by clicking on the unsubscribe link in an email (for email), by responding with “OPT-OUT,” STOP, or other supported unsubscribe message (for SMS or MMS), by adjusting the push message settings for our mobile apps using your device operating system (for push notifications), or for other communications, by contacting us using the information below. To opt-out of the collection of information relating to email opens, configure your email so that it does not load images in our emails.

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:

• 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.
• Arbitration awards can be final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
• The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
• 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.
• The rules of arbitration may impose time limits for bringing a claim in arbitration.
• 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.
• 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 Dispute 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 and the applicable laws of the State of Utah. Any arbitration proceedings, disputes, legal actions, lawsuits, or claims (“Claims”) and any lawsuit regarding or relating to the enforceability of this arbitration provision or and class action waiver or confirming an arbitration award shall be brought at your choice either (a) in Salt Lake County, Utah in the county where the disputed Purchase Transaction occurred. This Dispute 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.

You may opt out of this agreement to arbitrate. If you do so, neither you nor we can force the other to arbitrate. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username and the email address you used to set any account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. Send your notice to: Maverik, Inc., Attn: Legal Department, 185 S. State St., Suite 800, Salt Lake City, Utah 84111. In the event of a dispute between you and us, to invoke your opt-out right, you must retain a copy of your opt-out notice, as well as proof of mailing of your opt-out notice within the prescribed period.

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:

• 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.
• 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.
• 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.
• 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.
• Choose The Kind Of Hearing You Would Like. 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.
• 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.
• 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.