User Agreement

IdleAir VIP Driver Rewards Program User Agreement

ADDITIONAL TERMS AND CONDITIONS

IdleAir provides the IdleAir VIP Driver Rewards Program and Convoy Points™, its materials, and other services and products “As Is, Where Is and With All Faults”. IdleAir, 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. IdleAir disclaims and you agree to waive and hold IdleAir 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 IdleAir VIP Driver Rewards Program, including but not limited to technical inaccuracies and typographical errors, (b) the unavailability of this IdleAir VIP Driver Rewards Program or any portion thereof, and (c) your use of this IdleAir VIP Driver Rewards Program. Under no circumstances will IdleAir be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use and membership of the IdleAir VIP Driver Rewards Program or any such other products or services, even if IdleAir has been advised of the possibility of such damages. For purposes of this section “IdleAir” means Convoy Solutions LLC, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.

This IdleAir VIP Driver Rewards Program and your participation herein is subject to all applicable laws and regulations. Rewards and advantages may be subject to income or other taxes. Such taxes and all disclosures related thereto are your sole responsibility. IdleAir shall not be responsible for correspondence lost or delayed or unpaid taxes, fees, fines or penalties. IdleAir is not responsible for, and reserves the right to correct any pricing or typographical errors, errors of description, or errors regarding offers or Convoy Points™.

If IdleAir or its affiliates improperly denies a member Convoy Points™ or some other benefit, 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 IdleAir.

IdleAir reserves the right to correct any Convoy Points™ value or other benefit granted in error. IdleAir is not responsible for late, lost, incomplete, or misdirected entry information or communications; computer system, phone line, electronic equipment, computer hardware, software or Convoy Points™ malfunctions, or other errors; failures or delays in computer transmissions or network connections; or for any other technical problems. IdleAir 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 Convoy Points™ and account information.

These Terms and Conditions incorporate by reference any notices contained herein and constitute the entire agreement with respect to your use, access and benefit of this IdleAir VIP Driver Rewards Program. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. You agree to indemnify, defend, and hold harmless IdleAir 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). YOU AND IDLEAIR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

This IdleAir VIP Driver Rewards Program is governed by the laws of the United States and the State of Tennessee, 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 IdleAir VIP Driver Rewards Program, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Knoxville, Tennessee. 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 IdleAir via electronic mail or otherwise in connection with your use of this IdleAir VIP Driver Rewards Program, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by IdleAir for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to IdleAir. Provided however, any personal information, such as social security numbers, driver’s license, CLM number or date of birth will be treated as confidential and not sold to any third party. IdleAir does reserve the right to use a customer’s information for its own or its vendor’s marketing purposes.

Please note, the IdleAir VIP Driver Rewards Program may contain references or cross references to IdleAir products and services that are not available in every state, country or even to every person. In such an event, the IdleAir VIP Driver Rewards Program will be void where prohibited.

Convoy Points™ are entirely subject to the terms of the User Agreement. Updated Terms and Conditions can be found at https://www.idleair.com/convoypoints.

The IdleAir VIP Driver Rewards Program may entitle you to exchange rewards credits with certain Rewards Partners, and therefore will require your consent to their Terms of Use Agreements as well. Accordingly, your ability to transfer Convoy Points™ into points from other rewards is entirely contingent on your agreeing to the terms of use of other rewards programs.