Welcome

TERMS OF USE


Your Acceptance of these Terms of Use


Thank you for visiting the polarpop.com or circlekmidwest.com website (the "Site") of Mac's Convenience Stores LLC ("Circle K"). By using the Site, you agree to comply with and be bound by all terms, conditions, and notices contained or referenced in these Terms of Use and the Privacy Policy, which we also urge you to read. If you do not agree to these Terms of Use, you are prohibited from using the Site. Additional terms and conditions of use applicable to specific areas of the Site may also be posted in such areas and, together with these Terms of Use and the Privacy Policy, govern your use of those areas.


Copyrights


You acknowledge that all materials, information, images, products, and services (the "Content") available on this Site, including the selection, coordination, arrangement, and enhancement of such Content, as well as Content original to it, are protected by national and international copyright, trademark, service mark, patent, patent registration, trade secret, know-how, or other proprietary rights and laws. In many cases, Circle K owns the Content. In other cases, Circle K has obtained permission from the licensor of the intellectual property to use the Content on this Site. Circle K and its licensors retain exclusive ownership and/or rights over all Content viewed or accessed on the Site. You may only use the Site or its Content as expressly permitted in these Terms of Use and for no other purpose.


Trademarks


Unless otherwise indicated, all logos, names, package designs, and marks on the Site or in the Content are trademarks or service marks of Circle K or used under license by Circle K. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. The unauthorized use of any of these materials is strictly prohibited.


A Limited Right to Use


You agree to use the Site and its Content for lawful purposes and only as expressly permitted in these Terms of Use. Except where otherwise noted, Circle K grants you a limited, nonexclusive license to view, download, or print individual pages, graphics, forms, documents, and other Content from the Site for use of such Content solely for your own personal, noncommercial purpose and not for sale, license, rent, distribution, republication, reproduction, transmission, public display or performance, preparation of derivative works, or any other exploitation of the Site's Content, in whole or in part. You may not retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without Circle K's prior, written authorization. We post copyright, legal, and other proprietary notices on the Site's webpages. The notices or credits must remain intact and must not be removed. Circle K may revoke this license at any time.


Communications


Any communications or material of any kind that you e-mail, post, or otherwise transmit through the Site, including all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Circle K to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Site or elsewhere with no liability or obligation to you. Circle K and its affiliates, licensors, and agents are free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including without limitation developing and marketing products using such information.


You agree that any Communications you make via the Site: (a) will not be fraudulent; (b) will not infringe any third party's copyright, patent, trademark, trade secret or other intellectual property, proprietary rights, rights of publicity or privacy rights; (c) will not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, anti discrimination or false advertising); (d) will not be defamatory, trade libelous, threatening or harassing; (e) will not contain any viruses, "Trojan horses", worms, time bombs, cancelbots or other computer programming or routines that are directly intended or indirectly result in damage, detrimentally interfere with, surreptitiously intercept or expropriate any equipment, system, data or personal information; and (f) will not otherwise violate these Terms of Use.


Circle K generally does not pre-screen, monitor, or edit the Communications transmitted by users or third parties. However, Circle K and its agents have the right, at their sole discretion, to remove any Communications from the Site that, in Circle K's judgment, do not comply with these Terms of Use or are otherwise harmful, objectionable, or inaccurate. Circle K is not responsible for any failure or delay in removing such Communications.


Digital Millennium Copyright Act Compliance


If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Circle K's Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):


  • (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at the Site;
  • (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Circle K to locate the material;
  • (d) Information reasonably sufficient to permit Circle K to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Circle K's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at Mac's Convenience Stores LLC, 4080 W. Jonathan Moore Pike, P. O. Box 347, Columbus, Indiana 47201 or by email at cs@circlekmidwest.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.


Usage by Children and Individuals Under the Age of 18


If you are a minor, you are restricted by state, Federal and other laws from purchasing certain products or services or engaging in certain conduct. You understand that you and Circle K are subject to such laws and Circle K may be required to prevent you from accessing certain information on the Site. Circle K will require you to verify that you are of sufficient age before accessing certain areas of the Site.


Links to Third Party Sites


The Site may contain links to websites operated by third parties ("Third Party Sites") that are not under Circle K's influence or control. As such, Circle K is not responsible for the Content of Third Party Sites. We provide links to Third Party Sites only as a courtesy to our visitors, and such links do not imply our endorsement or support of any linked Third Party Site, the Content on the Third Party Site, any organization sponsoring or participating on the Third Party Site, or any product or service offered through the Third Party Site.


Circle K makes no representations and assumes no responsibility whatsoever for any third party Content, any Content that you may access from a Third Party Site through subsequent links, or any Content from any website from which you may access this Site. These Terms of Use and the Privacy Policy are only applicable to this Site and do not apply to linked Third Party Sites. Please review the linked Third Party Site's terms of use and privacy policies, and if you do not agree to be bound by the terms or policies governing the linked site, we recommend that you terminate your visit to the Third Party Site.


Links to the Site


Circle K has no objection to links made from Third Party Sites to the Site, provided that such links may only be to the homepage of the Site. You also agree to comply with the following requirements: you may not frame or alter the appearance of the Site; you may not state or imply that Circle K endorses, sponsors or otherwise approves of your Third Party Site or any other website; you may not use any Circle K trademarks or logos without the prior written consent of Circle K; and you must abide by all other Terms of Use set forth herein.


Disclaimer of Warranties


ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. NEITHER CIRCLE K NOR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE, OR ANY PRODUCT PROVIDED THROUGH IT, IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT THE SITE, OR ANY LINKED THIRD PARTY SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIRCLE K, OR ITS EMPLOYEES, OFFICERS, TRUSTEES, MEMBERS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.


Indemnification


You agree to defend, indemnify, and hold Circle K and its employees, officers, trustees, members, agents, consultants, contractors, and licensors harmless from and against any and all liabilities, claims, and expenses, including attorneys' fees, that arise from your use of the Site or its Content, including without limitation, your violation of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any mattber otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.


Termination of Service


You agree that Circle K, in its sole discretion, may terminate your use of the Site, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Circle K believes that you have violated or acted inconsistently with these Terms of Use. Circle K reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. Circle K may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.


International Use


All materials on this Site are provided solely for the purpose of promoting Circle K's operations and products in the United States and its territories. By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Circle K makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.


Security Precautions


The Content provided through the Site is protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. Circle K provides some information regarding security and privacy in our Privacy Policy. This document is provided as a guideline, but it is up to you to remain current and exercise care when using the Internet.


Choice of Law and Remedies


The Terms of Use shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and Circle K with respect to the Terms of Use, the Privacy Policy, or the Site, you agree that Circle K will be entitled to recover its costs and expenses (including attorneys' fees), in addition to any other remedy available at law, in equity, or otherwise, if Circle K is successful in the prosecution or defense of such claim or action.


Entire Agreement


These Terms of Use and the Privacy Policy, along with other terms and conditions governing use of specific areas of the Site, constitute the entire agreement between you and Circle K with respect to the Site and supersede all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used in the Terms of Use are for convenience only and shall not be given any legal import. No waiver of any provision of these Terms of Use may be implied from any failure by Circle K to assert its rights under these Terms of Use on any occasion or series of occasions.


Changes to the Terms of Use


Circle K reserves the right to change the Terms of Use from time to time. We urge you to review the Terms of Use from time to time, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Terms of Use will become effective immediately upon being posted on the Site, unless otherwise indicated.


Contact Us


We welcome your comments, questions, or concerns. You may contact us at cs@circlekmidwest.com.


*Certain activities provided via the website may be covered by U.S. Patent 5,930,474