Terms of Use – Valvoline Cummins

Effective Date: January 31, 2024

This website, located at www.revuprewards.com (the “Website”) is operated by FPM Investments, LLC and its affiliates (“Fusion Marketing” or “we”). Fusion Marketing provides its content on the Website and its applications that post a link to this Website subject to the following terms and conditions (“Terms of Use”). The Terms of Use govern your access to, and use of, all or part of this Website. By visiting and using the Website, you agree, without limitation or qualification, to be bound by these Terms of Use, the Fusion Marketing Privacy Policy (the “Privacy Policy”) and the Fusion Marketing Cookie Policy (the “Cookies Policy”) incorporated herein by reference. Fusion Marketing reserves the right to modify or revise the Terms of Use, in its sole discretion, at any time. By visiting and using the Website, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Privacy and Cookie Policies

For information regarding privacy and your personal information, please review the Fusion Marketing Privacy Policy and the Fusion Marketing Cookie Policy. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy and/or Cookie Policy, the Privacy Policy and/or Cookie Policy as applicable shall govern.

Use Restrictions

The content on the Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Fusion Marketing licensors, and other materials (the “Contents”) is protected by intellectual property rights under both United States and foreign laws. Ownership of all intellectual property rights in such Contents remains with Fusion Marketing or our licensors. All rights not expressly granted herein are reserved to Fusion Marketing and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Except as otherwise stated herein, you may not, without Fusion Marketing’s written permission, “mirror” any Contents contained in the Website or any other server and you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Contents other than as expressly authorized by Fusion Marketing in writing. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party as defined by applicable law.

Fusion Marketing authorizes you to view and download a single copy of the Website and Contents. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Contents. Where applicable, you shall include the following copyright notice: “Copyright © 2024, Fusion Marketing. All rights reserved”. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. You may not use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means. Fusion Marketing reserves the right, in its sole discretion, to terminate your access to the Website, or any portion thereof, at any time, if there is a justifiable reason, without prior notice or any notice.

If, for any reason, you create any derivatives, modifications or improvements to the Contents (“Derivatives”), all right, title and interest (including existing and future intellectual property rights) in such Derivatives (“Derivative Rights”) vest in Fusion Marketing immediately upon creation. You hereby assign to Fusion Marketing with full title guarantee all right, title and interest in all such Derivative Rights. You represent and warrant that use by Fusion Marketing or its licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.

The Website and all of its Contents and material are owned and copyrighted by Fusion Marketing or the Client Fusion Marketing is representing through the program experience, with all rights reserved unless otherwise noted.

The trademarks, service marks, designs, and logos displayed on the Website are the registered and unregistered Trademarks of Fusion Marketing and its licensors and/or Client Fusion Marketing represents through the program experience. You agree that, except as expressly permitted by Fusion Marketing or by our licensors or by our Client where applicable, you will not refer to or attribute any information to Fusion Marketing or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any trademark of, or imply any endorsement by or relationship with, Fusion Marketing or its licensors or Client.

Submission of Ideas

Fusion Marketing does not accept submissions of any kind through the Website (e.g., materials, ideas, suggestions, know-how, or concepts, other than those expressly sought through permitted use of the Website) or otherwise. All submissions, other than those expressly sought through permitted use of the Website, may be deleted, unread or destroyed, at Fusion Marketing’s discretion. You hereby grant to Fusion Marketing an irrevocable, perpetual, royalty-free license (including the right to sublicense to third parties) to exercise the intellectual property rights in any submissions made by you or on your behalf in connection with the Website (“Licensed Submissions”). You represent and warrant that use by Fusion Marketing or its licensees of the Licensed Submissions will not infringe the intellectual property rights or other rights of any third party.

Hyperlinks from the Website

The Website may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Fusion Marketing does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Such Third-Party Pages and Third-Party Applications are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers. Fusion Marketing is not responsible for the Third-Party Pages or any Third-Party Applications or any other content not controlled, owned or operated by Fusion Marketing that is accessed through the Website, either directly or indirectly. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Website does not indicate Fusion Marketing’s approval or endorsement thereof. If you choose to leave the Website to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

Disclaimers and Limits on Liability

The functionality and information on the website is provided with the understanding that Fusion Marketing is not engaged in rendering professional advice or services to you, no material is intended to serve as or shall be deemed investment, legal, tax, accounting or other regulated advice, and that you shall remain solely responsible for your use of all website and its content, and acknowledge that any reliance upon the website shall be entirely at your sole option and risk. The information, materials, services and products included on this website may include inaccuracies or typographical errors. Fusion Marketing may make changes or improvements to this website at any time. The contents and materials on this website are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Fusion Marketing disclaims all warranties or merchantability and fitness for a particular purpose. Fusion Marketing does not warrant that the functions or contents contained on this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. Fusion Marketing does not warrant or make any representation regarding the use of or the result of the use of the contents or material in this website in terms of their correctness, accuracy, reliability, timeliness, or otherwise.

To the fullest extent permitted by applicable law, Fusion Marketing will not be liable for any direct, indirect, incidental, special, or consequential damages whether in contract, tort, strict liability or otherwise, arising out of or relating to use of or inability to use this Website, even if Fusion Marketing has been advised of the possibility of such damages.

Fusion Marketing makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Website and Contents may not be legal by certain persons or in certain countries. If you access the Website and/or Contents from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Indemnity

You agree to indemnify, defend, and hold harmless Fusion Marketing and all of its predecessors, successors, subsidiaries, parents, affiliates, officers, directors, employees, licensors and suppliers, from and against all claims, damages, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising out of or relating to your use of the Website and/or any breach by you of the Terms of Use.

Governing Law

The Terms of Use and any dispute that might arise hereunder are governed by the laws of the State of Missouri without reference to the principles of conflicts of laws thereof. Irrevocable consent is hereby granted by you to the exclusive jurisdiction and venue for any action in the courts located in Missouri.

Waiver and Severability

If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Take Down Procedures

If you believe the Contents (or any part thereof) accessible on or from the Website infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the Website by contacting Fusion Marketing (address identified below) and providing the following information:

identification of the Contents that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;
your name, address, telephone number, and (if available) email address.
a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;
a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner;
a signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner.

Our address for intellectual property rights issues relating to the Website is as follows:

Fusion Marketing
Attn: Intellectual Property Rights
425 North New Ballas Rd
Suite 201
St. Louis, MO 63141

Inquiries@thisisfusion.com

In an effort to protect the rights of intellectual property rights owners, Fusion Marketing maintains a policy for the termination, in appropriate circumstances, of users of the Website who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Fusion Marketing on the Website, these Terms of Use, including the Fusion Marketing Privacy Policy and Cookie Policy, constitute the entire agreement between you and Fusion Marketing with respect to the use of the Website and Contents.

To contact us, please email inquiries@thisisfusion.com