Terms of Use

TERMS OF USE AGREEMENT | PRIVACY POLICY

In consideration of Trillium Transportation Fuels, LLC (together with its affiliates, "Trillium") allowing you to use Trillium’s Online Properties (defined below) and the services provided by and related to the Online Properties, you agree to be bound by the terms and conditions of this Terms of Use Agreement, which incorporates Trillium's Privacy Policy, (collectively, the "Agreement").

In some instances, both this Agreement and separate terms will apply to your use of the Online Properties ("Additional Terms"). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.

Your use of the Online Properties constitutes your acceptance of this Agreement. You acknowledge and agree that your use of the Online Properties has the same effect as manually signing this agreement with Trillium and creates a valid, binding contract between you and Trillium. If you do not agree to the terms of this Agreement, proceed no further, do not obtain services through the Online Properties, do not access any of the Online Properties, and do not download the mobile app.

Online Properties Defined and Use

The "Online Properties" shall mean Trillium’s webpages including, without limitation, webpages under trilliumenergy.com (and associated webpages), Trillium’s social media sites and all associated contents, functionality and services.

The Online Properties are the property of Trillium and/or its licensors and contractors. You are granted a non-exclusive, revocable, non-assignable, personal, non-transferable and limited license to view the Online Properties and to print off copies of any or all of the pages of the Online Properties provided (a) it is used only for non-commercial informational purposes (except it may be used in furtherance of your commercial relationship with Trillium), (b) you do not remove or obscure the copyright notice or other notices, and (c) you do not violate this Agreement or any third party rights. Without the prior written consent of Trillium, you are not allowed (i) to modify, copy, mine, scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or material, products or services obtained from the Online Properties; (ii) to reproduce any part of the Online Properties or mirror any material contained on the Online Properties on any other server; or (iii) to create a link to or from the Online Properties.

Trillium reserves the right, at its discretion, to refuse access to the Online Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement. Trillium reserves the right to withdraw or amend the Online Properties, and any service or material provided on the Online Properties, in our sole discretion without notice.

Prohibited Use of the Online Properties

You agree that all information you provide on the Online Properties is correct, current and complete. As an express condition of your use of any Online Property, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement as the same could lead to criminal or civil prosecution. Also, you agree not to use the Online Properties in any way that could damage, disable, overburden, or impair the same, or interfere with others’ use. Furthermore, you agree not to attempt to gain access to Trillium’s computer systems or networks connected to Trillium through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Online Properties. Additionally, you agree not to impersonate or attempt to impersonate Trillium, a Trillium employee, another user or any other person or entity.

Electronic Signatures

The Online Properties contain opportunities to provide your electronic signature. "Electronic signature" means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation "I Accept" checkboxes, buttons or click-throughs, email or other electronic methods of signature. Where you so indicate by electronic signature, you agree that each electronic signature you provide through the Online Properties is intended to authenticate the applicable writing and that your electronic signature is the legal equivalent of your manual signature. You have the right to revoke your consent to electronically sign documents at any time by email to inquiries@trilliumenergy.com, however any such revocation will not alter the validity and enforceability of any previously provided electronic signatures.

Product and Service Information

The information and material presented on or through the Online Properties is made available solely for general information purposes. The Online Properties may contain information related to Trillium and its daily prices, product information and pricing, store specials, manufacturer’s rebates, store facilities, store locations, service offerings, service availability, and other special offers. Trillium makes no warranties or guarantees that such information is accurate or that each service or product will be available at a specific time or at every store location.

Account IDs & Passwords

To access certain portions of the Online Properties, or resources offered through the Online Properties, you may be asked to provide certain registration details or other information, such as user identification numbers, names or passwords ("Account IDs").

You are solely responsible for maintaining the confidentiality of your Account IDs and agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of secure areas of the Online Properties through any methods, including unauthorized access through or to your Account IDs. Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of any Account IDs. You agree that Trillium or third parties may suspend your access pending an investigation of the use of any of your Account IDs. You agree to cooperate fully with any and all investigations. You agree to notify Trillium immediately of any unauthorized use of your Account IDs. You agree that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and that Trillium will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

Third Party Sites and Content (Links to Other Websites)

The Online Properties contain links to other websites which are hosted, operated and/or managed by third parties. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by Trillium of the use of or content on such other websites. Should you choose to visit any such website, you do so at your own risk. Trillium makes no warranty or representation and disclaims any liability related to any linked website and/or its content, and Trillium is not responsible for the terms of use or privacy practices of such other website. We strongly recommend that you read the terms of use and privacy policies of every linked website you elect to visit.

Trademarks

TRILLIUM CNG® is a mark owned by Trillium and may not be used without the express written permission of Trillium. There are other trademarks, service marks, trade names and trade dress on the Online Properties owned by Trillium. You may not use any Trillium trademarks, service marks, trade names, trade dress or other intellectual property without the express written permission of Trillium and such use must adhere to Trillium’s instructions and guidelines and applicable law.

To assist and inform you and other users of our Online Properties, Trillium makes licensed or fair use of trademarks, service marks, logos, graphics, designs, names, and the like of third parties for display on the Online Properties. Trillium makes no claim of ownership of these marks, and such materials are to be considered the exclusive property of the respective third parties. Trillium’s use of the marks of third parties is not intended to suggest corporate affiliation with, sponsorship of or endorsement by the mark’s holder.

Copyrights

All software and content included on the Online Properties, including all text, graphics, logos and images, are owned by Trillium or third parties and are protected by United States and/or international copyright laws. Any use of the Online Properties including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the Online Properties or of Electronic Communications (defined in the Privacy Policy below) is strictly prohibited, except as otherwise specifically set forth in this Agreement. You do not acquire ownership rights to any content or other materials viewed on or through the Online Properties. The posting of information or materials on the Online Properties does not constitute a waiver of any rights therein.

Promotions; Rewards Program

We may offer you the ability to participate in our promotions and rewards program through the Online Properties, such My Love Rewards. Click here for Additional Terms relating to My Love Rewards.

Disclaimer of Representations and Warranties

THE ONLINE PROPERTIES ARE PROVIDED BY TRILLIUM ON AN "AS IS" AND "AS AVAILABLE" BASIS. VISITORS TO THE ONLINE PROPERTIES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE ONLINE PROPERTIES. TRILLIUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PROPERTIES OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE ONLINE PROPERTIES. TO THE FULL EXTENT PERMITTED BY LAW, TRILLIUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. TRILLIUM MAKES NO WARRANTIES THAT USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, TRILLIUM DOES NOT WARRANT THAT ANY CONTENT OF THE ONLINE PROPERTIES IS ACCURATE, RELIABLE OR CORRECT; THAT THE ONLINE PROPERTIES WILL MEET YOUR REQUIREMENTS; THAT THE ONLINE PROPERTIES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRILLIUM SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS,

Representation and Warranty; Indemnity

BY ACCESSING OR USING THE ONLINE PROPERTIES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE ONLINE PROPERTIES. You also represent that you are at least 18 years of age (or you have parental permission if you are under 18 years of age) and have the right, power, and authority to enter into this Agreement.

You agree to defend, indemnify, and hold Trillium, its officers, directors, employees, agents, and licensors, harmless from and against any and all claims, actions, demands, costs, expenses, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, including the Privacy Policy, any applicable Additional Terms, your use of the Online Properties, your violation of the rights of any third party, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, or any misrepresentation made by you. Trillium reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Trillium defense of any claim. You will not in any event settle any claim without the prior written consent of Trillium.

Limitation of Liability

TRILLIUM WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES, THE UNAVAILABILITY OF THE ONLINE PROPERTIES OR THIRD PARTY WEBSITES, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA, PROFITS, USE, BUSINESS OR GOOD-WILL, OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF TRILLIUM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE PROPERTIES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE PROPERTIES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ONLINE PROPERTIES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRILLIUM. THE ONLINE PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE ONLINE PROPERTIES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.

PRIVACY POLICY

Trillium’s Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement and is set forth below. Accordingly, all terms contained herein, apply equally to the Privacy Policy.

Modification and Effectiveness

Trillium may amend or replace any part of this Agreement or any applicable Additional Terms from time to time without specific prior notice to you. Any modifications to this Agreement or any applicable Additional Terms will be effective immediately upon posting of, or reference to the posting of, such modification on the Online Properties. It is your responsibility to review the Agreement and any applicable Additional Terms each time you use the Online Properties so that you are aware of any modifications made. Usage of the Online Properties means you accept the then current form of the Agreement and any applicable Additional Terms. For your convenience and future reference, the date of the current version of this Agreement is noted below. By continuing to visit and use the Online Properties following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement. If you object to any such changes, your sole recourse is to cease using the Online Properties.

Dispute Resolution, Binding Arbitration, and Class Action Waiver

Certain portions of this section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Trillium agree this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

If any controversy, allegation, dispute, claim or cause of action relates in any way to your use of the Online Properties (collectively, "Dispute"), then you agree the Dispute shall be submitted to confidential arbitration in Oklahoma County, Oklahoma, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Oklahoma. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Oklahoma. Arbitration shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after such Dispute arose or be forever banned.

Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any controversy, allegation, dispute, claim or cause of action of any other party. YOU AND TRILLIUM 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.

California Residents

Please review the Company's Privacy Policy for California Residents at www.loves.com/CCPA.

Please review the Company's Employee Privacy Policy for California Residents at www.loves.com/CCPA_Employees.

European Union (EU) and European Economic Area (EEA)

Submit a request for GDPR online by clicking here, www.loves.com/GDPR.

Miscellaneous

This Agreement and any applicable Additional Terms constitute the entire agreement between you and Trillium regarding the Online Properties, and supersede all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Online Properties, the content, products or services provided by or through the Online Properties. No Trillium consent or approval may be deemed to have been granted by Trillium without being in writing and signed by an officer of Trillium. If any provision of this Agreement or any applicable Additional Terms 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 this Agreement and any applicable Additional Terms, which shall remain in full force and effect. No waiver of any term of this Agreement or any applicable Additional Terms shall be deemed a further or continuing waiver of such term or any other term.

You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The section headings are provided for convenience only and shall not limit the full Agreement. Trillium may assign its rights and obligations under this Agreement and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Trillium.

Contact Information

If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement and any applicable Additional Terms, please contact us at inquiries@trilliumenergy.com or by any means listed on the "Contact Us" webpage at http://www.trilliumenergy.com.

December 2022