Terms & Conditions
Last Revised: December 13, 2023
PLEASE READ AND FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS CAREFULLY AND COMPLETELY BEFORE USING THIS WEBSITE. NOTE THAT THESE TERMS AND CONDITIONS CONTAIN LIMITATIONS OF LIABILITY, A REQUIREMENT THAT YOU ARBITRATE DISPUTES AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTION CLAIMS. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
These are the Terms and Conditions for TravelCenters of America Inc., its affiliates and subsidiaries (collectively, “TA” or “we”). For purposes of these Terms and Conditions, this “Website” includes by definition, any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” and other online or wireless offerings that post a link to these Terms and Conditions, whether accessed via computer, mobile device or other technology, manner or means.
If you need to reach us, please contact us through our Contact Us page: https://www.ta-petro.com/contact-us/
Scope of Use; Materials
The materials posted on this Website may be retrieved and used solely for your own personal use. This permission terminates immediately if you breach these Terms and Conditions. You shall not otherwise copy, modify, display or distribute the contents of this Website without the prior express written permission of TA. You may not "mirror" any material contained on this Website without TA's express written permission. Any unauthorized use of the materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity or communications regulations and statutes. All content and functionality on this Website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of TA or its licensors and are protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
This Website is not directed to persons under the age of eighteen. If you are under the age of eighteen, you may not use or access this Website. By using or accessing this Website, you represent and warrant that you are over the age of eighteen.
You acknowledge that this Website is protected by intellectual property rights held by TA or other third parties, including copyright and trademark rights. All intellectual property rights are reserved unless granted in an express written license.
Certain marks that appear on this Website, including names and logos identifying TA and its products and services, are trademarks or service marks owned or licensed by TA and shall not be used by you without prior written permission of TA. Other marks that appear on this Website may be claimed as trademarks or service marks by their respective owners or licensors, who may or may not be affiliated with TA. Any request to use a trademark or service mark must be addressed to its respective owner or licensor.
You may use this Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use this Website:
- In any way that violates any third-party intellectual property rights or applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking them for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any solicitations that may be characterized as "junk mail" or "spam."
- To impersonate or attempt to impersonate TA, a TA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this Website, or which, as determined by us, may harm TA or users of this Website or expose them to liability.
Additionally, you agree not to:
- Use this Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of this Website, including their ability to engage in real time activities through this Website.
- Use any robot, spider or other automatic device, process or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.
- Use any manual process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of this Website.·
- Create with, or introduce to, this Website any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website.
- Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of this Website.
This Website may provide features that allow users to post, submit, publish, display, or transmit to TA or other users or persons content or materials ("User Content") on or through this Website. All User Content must comply with the content standards set out in these Terms and Conditions. Any User Content that you post to this Website will be considered non-confidential and non-proprietary. By providing any User Content on this Website, you grant us and our service providers, and our respective licensees, successors, and assigns a perpetual and irrevocable right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Content for any purpose. You represent and warrant that (a) you own or control all rights in and to the User Content or otherwise have the right to grant the license granted above; and (b) all of your User Content does and will comply with these Terms and Conditions. You understand and agree that you are responsible for any User Content you submit, and you, not TA, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. TA is not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of this Website. We have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem appropriate in our sole discretion, including if we believe that such User Content violates these Terms and Conditions, including the content standards, infringes any intellectual property right or other right of any person, threatens the personal safety of users of this Website or the public or could create liability for TA.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of this Website.
- Terminate or suspend your access to all or part of this Website for any or no reason, in our sole discretion.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS TA AND ITS LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN DURING OR AS A RESULT OF ANY GOVERNMENT INVESTIGATIONS OF WHICH YOU ARE SUBJECT AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS. We do not undertake to review all material before they are posted on this Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content made available on accessible from this Website that is provided by any user or third party.
Disclaimer of Warranties
While TA attempts to convey accurate and current information on this Website, the information provided on this Website may contain typographical, technical, or other errors or omissions. This Website, including all information contained therein, is provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TA AND ITS LICENSORS AND SERVICE PROVIDERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TA EXPRESSLY DISCLAIMS, AND DOES NOT REPRESENT OR WARRANT, THAT: (1) THIS WEBSITE, INCLUDING ANY INFORMATION CONTAINED THEREIN, IS CORRECT, ACCURATE OR RELIABLE; (2) THIS WEBSITE, INCLUDING ANY FEATURES OR FUNCTIONS CONTAINED THEREON, WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Further, TA expressly disclaims any obligation to update or correct this Website, including any information contained therein. and explicitly disclaims any duty to do so. TA assumes no liability or responsibility for any errors or omissions in this Website, including any information contained therein. You expressly agree that your use of this Website is at your sole option and risk and as such you assume full responsibility and all risks arising from or relating to your use of this Website. You must confirm the accuracy of any information presented on or through this Website before relying on it in any way. You should take precautions when downloading files from websites to protect your computer software and data from viruses and other destructive programs.
Links to Other Websites
This Website may contain links to other websites. TA is not responsible for information found on any linked website, including information that may be about TA, and TA makes no representations or warranties about any other website that you may access through this Website. The links are provided only as citations and aids to help you locate and identify other Internet resources which may be of interest. These links do not, are not intended to state or imply that TA has endorsed, sponsored, approved, or adopted any materials on the linked sites or that it is legally authorized to use any trade name, trademarks, logo, seal or copyrighted information reflected in the linked website. TA is not liable in any way to you or to any other person for the accuracy or completeness of any information or data in the linked websites or for any delays, errors or omission of any such information or data, or for actions taken in reliance thereto or for any damages arising there from. Furthermore, inclusion of a link to other websites from this Website does not constitute or imply an endorsement by TA or any other person that the products or services offered by such other website or persons associated with such other website.
Information Provided By Third Parties
Data provided on this Website may be provided by third parties, is for informational purposes only, and is not intended for trading purposes. TA nor any data or content provider guarantees the sequence, accuracy, or completeness of any information or other data displayed, nor shall any such party be liable in any way to you or to any other person whatsoever for any delays, inaccuracies, errors in, or omission of any such information or data or the transmission thereof, or for any actions taken in reliance thereon or for any damages arising there from or occasioned thereby or by reason of non-performance or interruption or termination of the stock price information for any cause whatsoever.
Forward Looking Statements
This Website, including press releases and other documents posted, contains statements which may constitute forward looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 and other federal securities laws. Also, whenever we use words such as "believe", "expect", "anticipate", "intend", "plan", "estimate" or similar expressions, we are making forward looking statements. These forward looking statements are based upon our present intent, beliefs or expectations, but forward looking statements are not guaranteed to occur and may not occur. Actual results may differ materially from those contained in or implied by our forward looking statements as a result of various factors. You should not place undue reliance upon forward looking statements. Except as required by law, we undertake no obligation to update or revise any forward looking statements as a result of new information, future events or otherwise.
No Endorsement, Advice or Professional Consultation
Material contained in this Website is for information purposes only and is not intended to constitute an offering of securities in any jurisdiction. This information is provided to you with the understanding that TA's provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, professional or other advice or services. There may be delays, omissions or inaccuracies in information obtained through your use of this Website. Since the Internet cannot be considered secure and because the information on this Website may appear different from original printed material, this information should not be used for the purpose of making business, investment or other decisions or used as a substitute for consultation with professional advisors. If you are contemplating investments in or commercial activities with TA, you should request printed copies of any such documents directly from TA.
Moreover, TA does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Website by TA, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk.
Further, TA does not grant any license or other authorization to you to use this Website in any manner if such use in whole or in part suggests that TA promotes or endorses any third party's causes, ideas, political campaigns, political views, websites, products or services.
TA prohibits the posting of any information that infringes or violates the copyright rights or other intellectual property rights (including rights of privacy and publicity) of any person. If you believe that any material contained on this Website infringes your intellectual property rights, you should promptly notify TA.
You hereby indemnify, defend, and hold harmless TA and all of its predecessors, successors, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively referred to as the “Indemnified Parties”) from and against any and all liability and costs, including reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to your User Content, your use of this Website, or any breach by you of these Terms and Conditions, including any breach of the representations, warranties, and covenants you have made in these Terms and Conditions. You shall cooperate as fully as reasonably required in the defense of any such claim. TA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TA OR ANY OF ITS PREDECESSORS, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ANY INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM YOUR USE OF THIS WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THIS WEBSITE, EVEN IF TA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TA'S OR ANY OF ITS PREDECESSORS', SUCCESSORS', OFFICERS', DIRECTORS', SHAREHOLDERS', INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES' AND ATTORNEYS' AND THEIR RESPECTIVE HEIRS', SUCCESSORS' AND ASSIGNS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1.00. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIMITATIONS OF LIABILITY IN WHICH CASE SOME OF THE ABOVE MAY NOT APPLY TO YOU, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Changes to Website and Terms and Conditions
TA reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and Conditions and access to all or any part of this Website or reserves the right to change, suspend or discontinue all or any part of this Website or its content at anytime without prior notice or liability. TA reserves the right to change these Terms and Conditions at any time and notify you by posting an updated version of these Terms and Conditions on this Website. It is your responsibility to periodically check this page so that you are aware of what the Terms and Conditions are regarding using this Website. The amended Terms and Conditions will apply between us whether or not we have given you specific notice of any change.
This Website may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from this Website does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the your systems, software or data.
These Terms and Conditions shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts. In the event of a dispute concerning these Terms and Conditions, you expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the Commonwealth of Massachusetts. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. Failure of TA to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions.
Mandatory Arbitration; Class Action Waiver
IF YOU AND TA DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION, ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FAA. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR TA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
These pages are controlled and operated by TA in the United States of America and are intended for use within the United States of America. TA makes no representation that material on these pages is appropriate or available for use in other locations. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws.
All uses herein of “including” and similar terms will be interpreted to mean “including without limitation.” The term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”. The term “person” will be construed to include an individual, entity, or company. The invalidity, illegality, or unenforceability of any term or provision of these Terms and Conditions will in no way affect the validity, legality, or enforceability of any other term or provision of these Terms and Conditions. In the event a term or provision of these Terms and Conditions is determined to be invalid or unenforceable, such term or provision will be deemed replaced with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms and Conditions will be enforceable as so modified. The failure to require performance of any provision of these Terms and Conditions will not affect our right to require performance at any other time after that. Any waiver of any of the provisions of these Terms and Conditions or of our rights or remedies under these Terms and Conditions must be in a signed writing to be effective. We may assign our rights and duties under these Terms and Conditions to any party, or we may replace the contractually bound entity by way of novation by posting on this Website or updating these Terms and Conditions with the name of another entity, at any time without prior notice to you.