Refresh & Repeat Terms and Conditions

Effective Date: July 6, 2022. The following supersedes all prior Terms & Conditions. By participating or continuing to participate after the effective date, you agree to the following:

General

These Terms and Conditions (“TACS”) apply to your access to, and use of, all or part of any website, mobile application, online service, or other digital assets of Bosselman Administrative Services Inc. (“BAS”). These TACS do not alter in any way the terms or conditions of any other agreement you may have with BAS for products, services, or otherwise. If you are subscribed to the Refresh & Repeat (“Refresh & Repeat”) program on behalf of any entity, you represent and warrant that you are authorized to accept these TACS on such entity's behalf and that such entity agrees to indemnify BAS for violations of these TACS. These TACS contain disclaimers and other provisions that limit our liability to you.

In the event there is any conflict or inconsistency between these TACS and any other TACS that appear on the BAS websites, these TACS will govern. However, if you navigate away from the BAS websites to a third-party site, you may be subject to alternative TACS of use, as may be specified on such site. In such an event, the terms and conditions of use applicable to that site will govern your use of that site. While we make reasonable efforts to provide accurate and timely information about BAS on the websites, you should not assume that the information is always up to date or that the websites contain all the relevant information available about BAS.

BAS reserves the right to change or modify these TACS or any policy or guideline of our websites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the websites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the BAS websites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these TACS and applicable policies to understand the terms and conditions that apply to your use of our websites. If you do not agree to the amended terms, you must not subscribe to Refresh & Repeat.

Pump & Pantry “P&P” is an Affiliate of BAS and the TACS are applicable to P&P as an Affiliate of BAS. P&P locations and its Affiliates provide all information on this program under the Terms and Conditions and all applicable laws.

Refresh & Repeat Subscription Service

Subscribers must first be a member of the Pumped Up Rewards loyalty program before joining the Refresh & Repeat subscription program. Refresh & Repeat redemptions are tracked through the Pumped Up Rewards account accessible online or through the smart phone app.

For new subscribers that sign up for a Refresh & Repeat Subscription, you will receive a dispensed fountain beverage subscription for $6.99 per calendar month.

One subscription per person, one redemption per subscriber, per day. Must be at least 13 years of age or older to register. This plan will auto-renew every month on the calendar date of initial sign-up. For example, if a subscriber joins on the 14th of the month, the subscription will auto-renew on the 14th of the following month unless the subscription is terminated before the auto-renewal date. You may cancel at any time. Subscription limited to any size dispensed fountain beverage, including refills.

No cash back unless required by law. Not valid with any other coupon or offer. Offer may expire without notice due to error, fraud or other unforeseen circumstances.

BAS offers a dispensed beverage subscription service where we provide a daily dispensed beverage for a specified period (a “Subscription”), and we may offer add-on or one-time products for sale. Our product offerings and available Subscription plans are described on our Site, as applicable, at the time of purchase, and are subject to change at any time prior to purchase.

Trial Subscriptions

From time to time, we may offer trials of the Subscription for a specified period without payment (a “Trial”). BAS reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability. For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Subscription on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must cancel your Trial through your BAS account’s settings before the end of the Trial.

Automatic Renewal of Subscription

WHEN YOU PURCHASE A MONTHLY SUBSCRIPTION ONLINE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) BAS (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR THE PRICE OF YOUR CHOSEN SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES SET FORTH DURING THE PURCHASE PROCESS) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR TERMINATE THE SUBSCRIPTION. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED BELOW. THE INITIAL MONTHLY RECURRING CHARGES FOR YOUR SUBSCRIPTION WILL BE SET FORTH DURING THE PURCHASE PROCESS. THE AMOUNT YOU ARE CHARGED MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND WE MAY ADJUST SUCH RECURRING CHARGES FROM TIME TO TIME.

Cancellation Policy

IF YOU PURCHASED A MONTHLY SUBSCRIPTION ONLINE, YOU MAY CANCEL YOUR MONTHLY SUBSCRIPTION AT ANY TIME PRIOR TO THE AUTO-RENEW DATE BY ACCESSING YOUR ONLINE ACCOUNT. IF CANCELLATION OCCURS AFTER THE AUTO-RENEW DATE THE CANCELLATION REQUEST WILL BE PROCESSED FOR THE NEXT SCHEDULED INVOICE. YOU WILL CONTINUE TO RECEIVE ONE FOUNTAIN DRINK PER DAY UNTIL THE NEXT AUTO-RENEW DATE, AFTERWHICH THE FOUNTAIN DRINKS WILL BE REMOVED FROM YOUR ACCOUNT. YOU ARE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR MONTHLY SUBSCRIPTION.

Membership

Any BAS, including its Affiliates, customer, 13 years of age and older, may participate in the Refresh & Repeat program. If you are between the ages of 13 and 19, you may only use this website under the supervision of a parent or legal guardian who agrees to be bound by these TACS. Any benefits gained through the Refresh & Repeat program cannot be transferred from one Member to another.

Notice to Parents and Guardians

By allowing your child to access the Refresh & Repeat website, you agree to the TACS. If your child (or a minor who you are responsible for) is using the Refresh & Repeat program under the age of 13, or is using it without your permission, please contact customer support at 855-395-3883 so that we can disable his or her access to the Refresh & Repeat program.

Gifts

You may have the ability from time to time to purchase Subscriptions for other people through the Services (“Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through the Services in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift. GIFTS THAT ARE MONTHLY SUBSCRIPTIONS ARE SUBJECT TO THE AUTO RENEWAL TERMS AND THE CANCELLATION POLICY.

Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Subscription, please access your online account. All prices shown for the Subscription are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Subscription in accordance with the Cancellation Policy.

Acceptance of Terms

By subscribing to the Refresh & Repeat program, you agree to abide by these TACS. These TACS may include changes or discontinuation of program Benefits. BAS reserves the right to reduce or eliminate Refresh & Repeat Subscriber Benefits in its sole discretion for any reason determined by BAS. BAS and its Affiliates reserve the right to change, limit, modify, decrease or cancel benefits at any time without notice. You agree to hold BAS harmless and waive any damages or claims against BAS which are associated with any change, limit, modify, decrease or cancellation of Benefits.

By subscribing to the Refresh & Repeat program, you hereby consent to BAS and its Affiliates collection and use of your information in connections with the Refresh & Repeat program. You also consent that BAS, in its sole discretion, will resolve any and all questions/disputes regarding the Refresh & Repeat program, including but not limited to eligibility, benefits and rewards. Refresh & Repeat program Benefits may not be transferred, purchased, sold, or bartered.

Links to Third-Party Websites

This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. BAS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Advertisements and Promotions; Third-Party Products and Services

BAS may display advertisements and promotions from third parties on the portal or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. BAS is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-BAS advertisers or third-party information on the portal.

Severability

If any provision of these TACS is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Disclaimer

BAS provides Refresh & Repeat, its materials, and other services and products "As Is, Where Is and With All Faults". BAS, to the fullest extent permitted by applicable law, disclaims any representation or warranties of any kind, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. BAS disclaims and you agree to waive and hold BAS harmless from all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Refresh & Repeat program, including but not limited to technical inaccuracies and typographical errors, (b) the unavailability of this Refresh & Repeat program or any portion thereof, and (c) your use of this Refresh & Repeat program. Under no circumstances will BAS be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising out of the use and membership of the Refresh & Repeat program or any such other products or services, even if BAS has been advised of the possibility of such damages.

Waiver

Any waiver by BAS of the provisions of these TACS or remedies under the terms herein must be in writing to be effective. Failure or delay by BAS to enforce the provisions of these TACS or its rights or remedies hereunder at any time will not be construed and will not be deemed to be a waiver of its rights under these TACS and will not in any way affect the validity of the whole or any part of these TACS or prejudice BAC right to take subsequent action.

ADDITIONAL TERMS AND CONDITIONS

This Refresh & Repeat program and your participation herein are subject to all applicable laws and regulations. Benefits may be subject to income or other taxes. Such taxes and all disclosures related thereto are your sole responsibility. BAS shall not be responsible for correspondence lost or delayed or unpaid taxes, fees, fines, or penalties. BAS is not responsible for and reserves the right to correct any pricing or typographical errors, errors of description, or errors regarding offers or Refresh & Repeat Benefits.

If BAS or its Affiliates improperly deny a member Refresh & Repeat Benefits, your exclusive remedy shall be the issuance of the improperly denied credit, award or benefit if available, or such other comparable alternative, determined in the sole discretion of BAS

BAS reserves the right to correct any Refresh & Repeat Benefits granted in error. BAS is not responsible for late, lost, incomplete, or misdirected entry information or communications; computer system, phone line, electronic equipment, computer hardware, software or malfunctions, or other errors; failures or delays in computer transmissions or network connections; or for any other technical problems. BAS is not responsible for incorrect or inaccurate entry information, whether caused by members or by any of the equipment or associated with or utilized in the reward or by any technical or human error which may occur in the processing of Refresh & Repeat Benefits and account information.

BAS disclaims and you agree to waive and hold BAS and its Affiliates harmless from all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from the Refresh & Repeat program, including but not limited to technical inaccuracies and typographical errors, (b) the unavailability of the Refresh & Repeat program or any portion thereof, and (c) your use of the Refresh & Repeat program. Under no circumstances will BAS be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use and membership of the Refresh & Repeat program or any such other products or services, even if BAS has been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless BAS from and against any and all liabilities, costs, damages and expenses, including reasonable attorneys’ fees, resulting from your actions hereunder, including, but not limited to, the following: (i) breach of any provision in this Agreement; or (ii) unauthorized or illegal acts. EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). BAS shall have control of any litigation or settlement negotiation arising out of the terms and conditions or the subject matter thereof.

The Refresh & Repeat program is governed by the laws of the United States and the State of Nebraska, without respect to conflict of law doctrines. As a condition of participating, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Refresh & Repeat program, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Grand Island, Hall County, NE. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including attorneys' fees, and you further waive all rights to have damages multiplied or increased.

Any communication or other information sent to BAS via electronic mail or otherwise in connection with your use of this Refresh & Repeat program, including but not limited to suggestions, ideas, and comments, will be treated as non-confidential and all such information may be used by BAS for any purpose without compensation. Disclosure shall constitute an assignment of all right, title, and interest in such information to BAS. Provided, however; any personal information, such as social security numbers, driver’s license, or date of birth will be treated as confidential and not sold to any third party. BAS does reserve the right to use a customer’s information for its own or its vendor’s marketing purposes.

Please note, the Refresh & Repeat program may contain references or cross-references to BAS products and services that are not available in every state, country, or even to every person. In such an event, the Refresh & Repeat program will be void where prohibited.

DEFINITIONS

As used herein, the following terms shall mean:

BAS – Bosselman Administrative Services, Inc.

Content – All of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including Feedback.

Feedback – All of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

Refresh & Repeat – Refresh & Repeat subscription program and all its components

Refresh & Repeat Member – P&P customer who has subscribed to a Refresh & Repeat member account and provided the required information in order to begin enjoying the program’s benefits.

P&P – Participating Pump & Pantry convenience stores

You – Any interested party that may or may not be a Refresh & Repeat Member who is accessing the Terms & Conditions document

Vendor Partners – BAS’s suppliers and corporate sponsors who have entered into an agreement with BAS to offer a benefit to Refresh & Repeat Members as agreed upon in the partnership agreement.

Affiliates – Subsidiary, parent, sister, or other commonly owned company of BAS, including in each instance all employees, directors, officers and representatives.