Terms of Use

Introduction

The materials and images contained within this website are provided by Aloha Petroleum LLC and Aloha Petroleum, Ltd. (collectively, “Aloha,” “we,” “us,” or “our”) and may be used for informational purposes only.

Please read these terms of use carefully. Aloha is providing this website, alohagas.com, related websites, and mobile applications (collectively, the “Online Services”) to provide general information regarding Aloha and its corporate affiliates. These Terms of Use include a Dispute Resolution and Arbitration Agreement. By accessing or using the Online Services, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time and including the Dispute Resolution and Arbitration Agreement, and along with our Privacy Policy. All amendments and updates to these Terms of Use are effective immediately upon notice, which we may give by any means, including but not limited to by posting notice of the revision on the Online Services homepage. If you do not wish to agree to these Terms of Use or Privacy Policy, do not access or use any part of the Online Services.

We may revise and update these Terms of Use at any time without notice. Please periodically review the Terms of Use posted on this website. Your continued usage of the website will mean acceptance of those changes.

This website is directed only at customers in the United States. When you access this website, your data will be processed and stored in the United States. If you do not agree with this transfer, please stop all use of this website.

Aloha reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violation of these Terms of Use, including without limitation suspending or terminating any account you have created on the Online Services.

Accuacy of Information

Although we make reasonable efforts to ensure that the information provided through this website is current and accurate, we make no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.

Certain documents and other material within this website, including documents filed by Aloha’s parent, Sunoco LP, with the Securities and Exchange Commission (“SEC”) speak only as of the dates on which such documents and materials were filed or otherwise used by us. The contents of such documents or materials may become out of date; however, we make no commitment and disclaim any duty to update documents and materials contained on this website.

Forward-Looking Information

Statements made on this website may contain forward-looking information regarding Sunoco LP, including projections, estimates, forecasts, plans and objectives. Although management believes that all such statements are based upon reasonable assumptions, no assurance can be given that the actual results will not differ materially from those contained in such forward-looking statements, depending on a number of factors, risks and uncertainties, some of which are outside our control.

Intellectual Property

All trademarks, logos, designs, slogans, and trade dress appearing on the Online Services, whether or not appearing in large print, italics, or with the trademark symbol, are owned by Aloha or their affiliate companies or service providers, or are used under license. No right or license is granted, by implication or otherwise, to use any trademark, service mark or logo displayed on the Online Services or any other intellectual property rights of Aloha or any third party.

You may not distribute, modify, transmit, reuse, repost, or use the content of the Online Services for public or commercial purposes, including the text, images, audio, or video, without the written permission of Aloha. You should assume that everything you see or read on the Online Services is copyrighted unless otherwise noted and may not be used, except as provided in the Terms of Use or in the text on the Online Services, without the written permission of Aloha. Aloha neither warrants nor represents that your use of materials displayed on the Online Services will not infringe rights of third parties not owned by, or affiliated with, Aloha.

Disclaimer, No Warranty

The information that you obtain from the Online Services is provided for informational purposes only. THE ONLINE SERVICES AND THE INFORMATION AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALOHA, ITS AFFILIATES AND SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE ONLINE SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY PROVISION APPLIES TO NEW JERSEY RESIDENTS.

Privacy

Aloha’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Aloha Privacy Policy, which is incorporated by reference into these Terms of Use.

Third-Party Links

Occasionally, at Aloha’s discretion, Aloha may include or offer third-party products or services on or linked to the Online Services. These third-party sites have separate and independent privacy policies. Aloha therefore has no responsibility or liability for the content and activities of these linked sites. Nonetheless, Aloha seeks to protect the integrity of our site and welcomes any feedback about these sites.

Updates to Your Devices

Please note that if you are using downloadable applications from Aloha, updates to your device’s systems or firmware may render your use of the applications incompatible. Aloha does not warrant that the Online Services will be compatible with any updates to, or prior versions of, your devices. Aloha may, but is not obligated to, provide you with updates to the Online Services or applications that improve compatibility with updated mobile devices.

Data Charges

To the extent that your use of the Online Services or any Aloha application requires, or permits utilization of, wireless, cellular data, or internet access, you are independently responsible for securing the necessary data access service. For example, with respect to your mobile devices, the provider of your data plans may charge you data access fees in connection with your use of the Online Services and Aloha applications. You are solely responsible for all such charges payable to third parties.

Software and Devices

If Aloha permits you to download or otherwise access such Online Services, the Online Services (including any data or images incorporated in or generated by the Online Services’ software) are licensed to you. You do not receive title to this software and you may not distribute or use the software other than for the purpose of using the applicable feature or service of the Online Services as offered by Aloha. You may not modify, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of such software. Except as expressly provided, you may not create any derivative works of the software or any services available on the Online Services. This license is revocable at any time without notice and with or without cause. You agree to destroy or return to Aloha all copies of the software upon revocation of your license to the software and/or termination of your access to the Online Services. The software is subject to all restrictions on use, disclaimers of warranties and other provisions in these Terms of Use. In the event that the software is also subject to a separate end user license agreement, the terms of such end user license agreement shall control any conflict between those terms and these Terms of Use.

Access and Interference

You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Online Services, (b) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of Aloha, (c) use any device, software or routine that interferes with the proper working of the Online Services, (d) attempt to interfere with the proper working of the Online Services, (e) take any action that imposes an unreasonable or disproportionately large load on the Aloha infrastructure, or (f) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

Comments and Submissions

Aloha welcomes your comments. You agree to grant a non-exclusive, royalty-free license to Aloha to utilize, create derivative works from, distribute and sublicense such comments, suggestions or other information sent by you to Aloha or its advertisers or business partners in response to solicitations on the Online Services for any purpose. You have no expectation of any review, compensation or consideration of any type for all submissions hereunder.

Digital Millennium Copyright Act

Digital Millennium Copyright ActIn accordance with the Digital Millennium Copyright Act, we will promptly respond to claims of copyright infringement that are reported to the agent we have designated to receive notifications of claims of infringement, whose contact information is:

Email:digital@alohagas.com

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with written notice of the claimed infringement that includes the following:

A physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work that is claimed to have been infringed;
A description of where the allegedly infringing material is located on the Site;Your address, telephone number, e-mail address and any other information reasonably sufficient to allow us to contact you;
A statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Site and Services without liability.

Indemnification

Except where prohibited by law, you agree to indemnify and hold harmless Aloha and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in the Online Services or the delivery of products, services or information over the Online Services, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of any products, services or information obtained from the Online Services.

Dispute Resolution and Arbitration Agreement

Scope of the Arbitration Agreement

Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and Aloha agree that any legal dispute between you and Aloha concerning or arising in any way out of these Terms, any purchase from Aloha, any communications between you and Aloha, or your participation in any other program or service provided by Aloha shall be resolved through binding individual arbitration. You understand and agree that you and Aloha are waiving the right to sue or go to court to assert or defend our rights. However, either you or Aloha may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Aloha, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Informal Dispute Resolution

Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to us at the address below in Contact Us or (2) to you at the postal address on file with Aloha. Both of us agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any arbitration against the other party.

How Arbitration Works

Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website, www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Aloha agree otherwise, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with us). If you live outside the United States, any arbitration will take place in Honolulu, Hawaii. Except for claims determined by the arbitrator to be frivolous, Aloha will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.

Waiver of Right to Bring Class Action and Representative Claims

Any arbitration shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court; however, any relief must be individualized to you and shall not affect any other customer. You and Aloha also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and we hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Governing Law and Other Terms

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of Hawaii will govern. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class/representative action waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. Except as set forth in the above paragraph regarding the class/representative action waiver, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. This Dispute Resolution & Arbitration Agreement survives the termination of your relationship with Aloha, including the end of your participation in any program or service and opt-out of consent for marketing or other agreements with Aloha. Aloha will provide notice of any material changes to this Arbitration Agreement.