Loyalty Program Terms & Conditions
Welcome to Club Holiday, owned and operated by the Holiday Oil Co. These Club Holiday terms and conditions form the agreement (the “Agreement”) between you (“You”) and Holiday Oil Co. and its affiliates and subsidiaries. You may contact Holiday Oil Co. as indicated on the back of your card and listed above.

(1) Agreement to Terms. YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING CLUB HOLIDAY. If you do not agree to these terms and conditions, you may not participate in Club Holiday. Use of the Club Holiday signifies your agreement to the terms and conditions of use set forth below.

(2) Modification of Agreement. Holiday Oil Co. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes to the Agreement will be posted on web site listed on the back of your card and above (the “Website”). Use of Club Holiday after such notice will be considered your agreement to be bound by any such changes.

(3) Copyright Protection and Use of Holiday Oil Co. Information. Club Holiday is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Holiday Oil Co. names, logos and trademarks may not be used by you in any manner without the prior written consent of Holiday Oil Co.

(4) Minimum Age Requirement. You must be at least 13 years old to apply for and hold a Club Holiday account.

(5) Holiday Oil Co.’s rights in Club Holiday. Holiday Oil Co. may change, suspend or discontinue any aspect of Club Holiday at any time, including but not limited to rewards and point accrual/redemption methods. Holiday Oil Co. may also impose limits on certain features and services or restrict your access to parts or all of the Club Holiday or the Website without notice or liability. Holiday Oil Co. reserves the right, in its sole discretion, to refuse service, cancel membership, suspend or terminate an account.

(6) Indemnification for Your Breach of Agreement. You hereby agree to indemnify, defend and hold Holiday Oil Co., and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorney's fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Holiday Oil Co. 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 Holiday Oil Co.

(7) No Warranty. Club Holiday, including all content, functions, materials and information made available to you or accessed by you through the website, is provided "AS IS." to the fullest extent permissible by law. Holiday Oil Co. makes no representation or warranties of any kind whatsoever for the content of Club Holiday, the materials, information and functions made accessible through the website, or for the products and/or services awarded or redeemed through the program. Further, Holiday Oil Co. disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. Holiday Oil Co. assumes no responsibility and shall not be liable for any damages by use of Club Holiday or the website. Holiday Oil Co. and its subsidiaries and affiliates shall not be liable for the use of Club Holiday, including, without limitation, the website and any errors contained therein. Holiday Oil Co. shall not be liable for any failure of Club Holiday, including the website, which results from acts or events beyond the Holiday Oil Co.'s reasonable control.

(8) Limitation of Holiday Oil Co.'s Liability and Damages. In no event shall Holiday Oil Co. be liable for any loss arising from lost or stolen Club Holiday cards, nor for any direct, indirect, special, consequential or other damages arising out of the use of Club Holiday or the website. This includes, without limitation, lost profits, lost points, business interruption, damage to equipment, computer systems or programs, or any information system, or the loss of any information or data. The maximum liability collectively of the Holiday Oil Co. shall not exceed one hundred dollars ($100) for any damages of any nature, including gross negligence, arising in contract, tort or otherwise.

(9) Expiration of Points. Points earned in Club Holiday expire after 12 months.

(10) Entire Agreement. These terms and conditions and the Privacy Statement constitute the entire agreement between Holiday Oil Co. and You with respect to Your use of Club Holiday. Any cause of action You may have with respect to Your use of Club Holiday 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 the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.