R. H. Foster Energy Loyalty Program
Participant Terms and Conditions
Thank you for your interest in the R.H. Foster Energy Loyalty Program (the “Program”). Please read these terms and conditions carefully before participating in and/or registering for the Program. Registration and/or use of the Program confirms, by your action, your acknowledgment that you have received, understood and accept these Participant Terms and Conditions. R. H. Foster Energy Services may revise these Participant Terms and Conditions at any time by updating the “Participant Terms and Conditions” posted on the R. H. Foster Energy website. You are responsible for keeping up to date regarding these Participant Terms and Conditions. These Participant Terms and Conditions control in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. If you do not agree with these Participant Terms and Conditions, you should not participate in or register for the Program.
Definitions
“You, “Your”, and “Participant” refer to the individual who registers an Energy Service Account with R. H. Foster Energy (as defined below). Participants must be eighteen (18) years old or older.
“R. H. Foster Energy” means R. H. Foster Energy Services, LLC, your locally owned and operated provider of home heating fuels and equipment installation and services.
“Shell” refers to Shell Oil Products US, which is the owner, sponsor and administrator of Shell Fuel Rewards.
“Shell Fuel Rewards” is the motor fuel discount program operated by Shell that provides for per gallon savings (“Discounts”) at the fuel pumps of participating Shell-branded retail motor fuel dealers (each a “Fuel Seller”). Shell Fuel Rewards is a third-party provider and is not administered or controlled by R. H. Foster Energy. Shell Fuel Rewards has separate terms and conditions that must be accepted by the Participant for participation. https://www.fuelrewards.com/fuelrewards/terms-conditions
“Fuel” means eligible motor-fuel products purchased at a participating Fuel Seller.
“Ignite Web Account” is the web-based R. H. Foster Energy Account Management software provided for customers which offers bill pay, service and delivery requests, access to account history, invoices, and statements as well as other self-help utilities.
“Rewards” earned under the Program provide per gallon discounts on Fuels at participating Fuel Sellers and are provided to Participants in the form of an alpha-numeric string that must be redeemed on the Shell Fuel Rewards website.
“Energy Service Account” or “Account” is your home heating fuel account with R.H. Foster Energy.
Requirements for Participation in the Program
In order to participate in the Program, you must be enrolled in Shell Fuel Rewards and have up to one (1) Energy Service Account which you have registered by navigating to www.rhfoster.com/loyalty and completing the form after clicking on “Register your Energy Account” button under the heading “Step 2”.
Calculation and Use of Rewards
Rewards are calculated based on the following elements representing the services provided in connection with your Account, its current status and your Account history. Each element is worth the points indicated. Points are assigned to an appropriate tier to determine eligibility for the Rewards provided under the Program.
The average number of gallons purchased is five hundred (500) or greater for the past three (3) years, year to date. Five (5) points
The average gallons purchased is eight hundred (800) or greater in the past three (3) years, year to date. Ten (10) points
Account Balance over sixty (60) days past due at least once in the last year. Negative Ten (-10) points
Account Balance over ninety (90) days past due at least once in the last year. Negative twenty (-20) points
Customer for at least ten (10) Years. Ten (10) points
Customer for at least three (3) years. Five (5) points
Customer for less than three (3) months. Ten (10) points
Emailed Invoices. Ten (10) points
Emailed Statements. Ten (10) points
Has a Budget plan. Ten (10) points
Has a Service Contract. Ten (10) points
Has provided an Email Address. Ten (10) points
Has an Ignite Web Account. Ten (10) points
No past due balance for the past year. Ten (10) points
On Automatic Delivery. Ten (10) Points
Pay By eCheck Ten (10) Points?
Year To Date Gallons greater than five hundred (500). Five (5) Points
Year To Date Gallons greater than eight hundred (800). Ten (10) Points
The maximum number of points per Account at any given point in time is capped at one hundred thirty (130). Total Points are allocated to five tiers. The lowest, or first, tier has a point value range of nineteen (19) or less. Second tier has a point value range of twenty (20) to thirty-nine (39). Third tier has a point value range of forty (40) to fifty-nine (59). Fourth tier has a point value range of sixty (60) to seventy-nine (79). Fifth tier has a point value range of eighty (80) and above.
Rewards will be emailed to the email address you provide to us when you register your Account. First tier earns a five cent off per gallon ($0.05) Shell Fuel Rewards Code. Second tier earns a ten cent off per gallon ($0.10) Shell Fuel Rewards Code . Third tier earns a fifteen cent off per gallon ($0.15) Shell Fuel Rewards code. Fourth tier earns a twenty cent off per gallon ($0.20) Shell Fuel Rewards code. Fifth tier eligible accounts earn a twenty-five cent off per gallon ($0.25) Shell Fuel Rewards code. These codes are good for a one-time redemption for up to 20 Gallons.
R. H. Foster Energy may also modify, without prior notice, any of the elements to determine how Rewards are earned. R. H. Foster Energy may impose additional restrictions, without prior notice, pertaining to the extent or duration of any Reward, including any expiration date applicable to a Reward, even if such restrictions cause the modification or termination of a Reward. R. H. Foster Energy is not responsible for any losses, and no compensation will be owed to any Participant due to any such modification or termination. R. H. Foster Energy reserves the right to correct at any time any errors or omissions in these Terms and Conditions and R. H. Foster Energy shall have no liability or ongoing obligation to any Participant as a result of any such error or omission.
Rewards may be applied to purchases up to the Fuel Seller’s posted price per gallon up to twenty (20) gallons. Rewards are non-transferable and may not be redeemed for cash or in-store merchandise. The Fuel Seller may impose restrictions on combining Rewards with other Fuel Seller promotional programs. Any Fuel Seller’s restrictions affecting the Rewards may be changed without prior notice. To the extent any such restrictions cause the modification or termination of a Reward, R H. Foster Energy is not responsible for any losses, and no compensation will be owed to any Participant due to any such modification or termination. If a Fuel Seller ceases to participate in the Shell Fuel Rewards program, Rewards may no longer be used for purchases from that particular Fuel Seller. The Program may be modified or cancelled at any time, without prior notice, and all Rewards shall thereupon be null and void. No compensation will be owed for unused Rewards.
R. H. Foster Energy Services Loyalty account closure
You may terminate your participation in the Program at any time by notifying R. H. Foster Energy at 110 Mecaw Rd, Hampden, Maine 04444 or by calling 1-800-696-6008. R. H. Foster may terminate your participation at any time without notice for violation of these terms and conditions or if you no longer have an Account with R. H. Foster Energy Services. Upon termination, any Rewards earned will be null and void compensation will be owed to the Participant. Termination will not affect the Participant’s Shell Fuel Rewards enrollment.
Exclusion of Warranties and Limitation of Liabilities
R. H. Foster Energy has no liability for the accuracy of any data reported to Shell Fuel Rewards by any Fuel Seller or any other third party, or for any inaccuracy, error, defect, or malfunction of the Shell Fuel Rewards Website or information contained therein, any Participant inability to access the Shell Fuel Rewards Website or information contained therein, any misallocation or misuse of Discounts or Rewards, or any unauthorized access to the Shell Fuel Rewards Website and/or misappropriation of information contained therein by any third party. The Information contained on the Shell Fuel Rewards Website may contain technical inaccuracies or typographical, computational or other errors and R. H. Foster Energy has no liability for such inaccuracies or errors, nor for any delays, loss or nonperformance caused by any matter beyond R. H. Foster Energy’s control, including, without limitation, electrical power disruption, computer software or hardware malfunctions, telephone, data, or internet service disruptions, or the acts or omissions of any Fuel Seller or any third party. R. H. Foster Energy Services cannot and does not guarantee continuous, uninterrupted or secure access to the R. H. Foster Energy Website or any other website. THE R. H. FOSTER ENERGY LOYALTY PROGRAM AND R. H. FOSTER WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL R.H FOSTER ENERGY BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, INCLUDING PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE FORM OF ANY ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT ACTION), ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM.
Participant’s Obligations
As a condition to participating in the Program, you must be an individual (and not a corporation, limited liability company, or partnership, etc.) at least eighteen (18) years old. You agree to comply with all of these Participant Terms and Conditions and all rules, regulations, terms and conditions relating to the Program, as the same may be amended by R. H. Foster Energy from time to time, and with all applicable laws and regulations. You agree to pay for all Fuel purchases. Rewards cannot be assigned or transferred to any other person, or be used to acquire Fuel for resale or for any purpose other than for personal, family or household purposes. You may use the R. H. Foster Energy website solely for purposes of managing your own participation in the Program. You represent that you: (i) have and will use your actual identity when registering for and participating in the Program and using the R. H. Foster Energy Website, (ii) have provided true, accurate, and complete information to R.H. Foster Energy; and (iii) will maintain and promptly update all such information to keep it true, accurate, current and complete. BY PARTICIPATING IN THE PROGRAM, YOU RELEASE R. H. FOSTER ENERGY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMEBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS (THE “RELEASED PARTIES”) FROM AND AGAINST ALL CLAIMS OF INJURY, LOSS, DAMAGE OR HARM OF ANY KIND, INCLUDING CLAIMS OF NEGLIGENCE, AGAINST THE RELEASED PARTIES, ARISING FROM OR RELATING TO THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMELSS THE RELEASED PARTIES FROM AND AGAINST ALL LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEYS FEES, TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATING TO YOUR VIOLATION OF LAW, VIOLATION OF THESE TERMS AND CONDITIONS OR ANY FALSE, INCOMPLETE OR MISLEADING REPRESENTATIONS OR STATEMENTS MADE BY YOU. THE FOREGOING INDEMNIFICATION AND DEFENSE OBLIGATIONS SHALL SURVIVE ANY CLOSURE OF YOUR ACCOUNT.
Security
You agree that you have not, and you will not, take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identify of, or obtain any personal information about any other user or Participant; (iii) probe, scan, or test the vulnerability of the R. H. Foster Energy Website or circumvent security or authentication measures without proper authorization; (iv) attempt to interfere with any user or Participant or interfere with the business of R. H. Foster Energy, Shell Fuel Rewards or any participating Fuel Seller; or (v) send any unsolicited mail, including promotions and/or advertising of any products and service.
Intellectual Property
All intellectual property (including copyrights, trademarks, service marks, trade dress and patents) relating to the Program and Website are owned, controlled or licensed by R. H. Foster Energy or its affiliates. The compilation of all content in the R. H. Foster Energy Loyalty Program is the property of R. H. Foster Energy or its affiliates. Unauthorized copying or use of any intellectual property is expressly prohibited. R. H. Foster Energy may use third party trademarks of other entities on its Website. Such trademarks remain the intellectual property of their respective third-party owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the R. H. Foster Energy name, marks or trade dress, the R. H. Foster Energy Website, or any information displayed or contained therein except as expressly permitted by these Participant Terms and Conditions or with the prior written permission of R. H. Foster Energy or the third party that may own the intellectual property.
Privacy
R. H. Foster Energy may collect personal information that you provide when participating in the Program or using the R. H. Foster Energy Website.
R. H. Foster Energy may provide hyperlinks to third party websites on the R. H. Foster Energy Website. These third-party sites may contain terms and conditions and privacy policies that differ from those of R. H. Foster Energy. R. H. Foster Energy is not responsible for the collection, use or disclosure of any personal information by any third-party website and R. H. Foster Energy expressly disclaims any and all liabilities related to such collection, use or disclosure.
Comments and Feedback; Email Communication
We welcome your comments, messages, ideas, suggestions and feedback (collectively “Comments”) concerning the R. H. Foster Loyalty Program and Website. All Comments become the property of R. H. Foster Energy and your submission of any Comments constitutes an assignment to R. H. Foster Energy of all worldwide rights, title, and interest in all any and copyrights and intellectual property in the Comments. R. H. Foster Energy will be entitled to use, reproduce, disclose, publish and distribute all Comments and related materials for any purpose whatsoever, without restriction and without any obligation to compensate you in any way. Comments may be sent to: R. H. Foster Energy Loyalty Program, 110 Mecaw Road, Hampden, Maine 04444. R. H. Foster Energy has the right, but not the obligation, to monitor and edit or remove any comments or content. R. H. Foster Energy undertakes no responsibility and assumes no liability for any content posted by you or any other third party
We may send you certain information that can include periodic statements of your Account and other information necessary for administration of the Program; promotional communications which will inform you of special offers and products we believe would be of interest to you; and promotional communications from third parties that have a relationship with the Program. As a Participant in the Program, you consent to receive the information described above. If, at any time, you wish to no longer receive promotional communications relating to the Program, you may opt out of the receipt of such promotional communications by clicking on the unsubscribe link provided at the bottom of each e-mail or by contacting R. H. Foster Energy Loyalty Program, 110 Mecaw Road, Hampden, Maine 04444. Requests to be unsubscribed or to opt out of promotional communications will be processed promptly, however, you may receive additional promotional communications for a short period of time after you make your request. We reserve the right to send out certain communications, including by email and/or regular mail, relating to membership in the Program, and administrative messages that are considered part of the Program. We have no liability for any promotional or other communications sent to you by third parties.
Miscellaneous
If any part of these Participant Terms and Conditions is determined to be invalid or unenforceable, such part will be treated as if it did not exist (or interpreted, if possible, in a manner as to be enforceable) and the remainder will continue in full force and effect. These Participant Terms and Conditions will be interpreted under the laws of the State of Maine, exclusive of its conflicts of law rules. Any litigation arising from the subject matter of these Participant Terms and Conditions may only be brought in a court located in Penobscot County, Maine. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to the Program or the R. H. Foster Energy Website must be filed within one (1) year after such claim or cause of action arose, or be forever barred. These Participant Terms and Conditions, as amended from time to time, contain the entire agreement between R. H. Foster Energy and Participant as to its subject matter, and can only be modified in writing by R. H. Foster Energy. Participants may not assign any rights or benefits accruing by virtue of participating in the Program.