Refreshing Rewards Terms and Conditions
LAST UPDATED: DECEMBER 1, 2025
1. Introduction
These terms and conditions, including any terms incorporated herein by reference (collectively, the "Terms") constitute a binding agreement between you and together with its affiliates, successors, assigns and subsidiaries, (including Thornton's) which BP now owns or may own in the future (referred to collectively herein as "BP", "Thornton's (BP)", "us" or "we"] relating to your use of Thornton's Refreshing Rewards platform ("Refreshing Rewards") and associated Service ("Service") (as defined below) .
The "Service" includes Refreshing Rewards, which is a Program platform that permits registered users to earn rewards and receive other promotions and offers (collectively "Refreshing Rewards and Service"). The Service may include any other promotion, app, or program BP may at its discretion decide to use, incorporate, or implement as part of Refreshing Rewards now or in the future. The Service is provided to you by BP and may be powered by a third-party mobile technology solution.
YOU AGREE THAT THE THORNTON'S REFRESHING REWARDS PROGRAM TERMS INCLUDE AN ARBITRATION PROVISION AND LIMITATION OF LIABILITY PROVISION THAT GOVERNS ANY DISPUTE BETWEEN YOU AND THORNTON'S (BP). THESE PROVISIONS WILL:
- Eliminate your right to a trial by jury;
- Substantially affect your rights, including preventing you from bringing, joining, or participating in class or consolidated proceedings; and
- Limit the recoverable damages in the event that you pursue a claim against Thornton's (BP).
You agree that Thornton's (BP) may provide updates, notices, disclosures, and amendments to the Thornton's Refreshing Rewards Program Terms, and other information relating to Thornton's Refreshing Rewards by electronic means, including posting such information and materials online at thorntonsrefreshingrewards.com.
PLEASE READ THESE TERMS CAREFULLY
2. Eligibility
Use of Refreshing Rewards, the Service or any other service provided through Refreshing Rewards constitutes acceptance of these Terms and you agree to be bound by these Terms. You represent and warrant that you are eighteen (18) years of age or older, a legal resident of the United States with a valid mobile phone number and Refreshing Rewards are not targeted towards or intended to be used by anyone under the age of 16. Your right to use Refreshing Rewards and Service is conditioned upon your acceptance and compliance with these Terms. If you do not agree to be bound by these Terms, you are not authorized to use Refreshing Rewards or Service and you should delete Refreshing Rewards immediately and discontinue any access to or use of the Service. In the Terms, "you" or "Your" means all persons responsible for complying with these Terms, including any persons that you authorize to use Refreshing Rewards, the Service or your account. You also agree to abide by all applicable local, state and federal and regulations with respect to your use of the Refreshing Rewards and Service. You shall only use Refreshing Rewards and Service as permitted by this Agreement, and you shall not use Refreshing Rewards and Service or the content for any commercial, political, obscene, illegal or inappropriate purpose.
Landline phone numbers are not eligible to participate in Refreshing Rewards. Only mobile phone numbers are eligible to participate in Refreshing Rewards.
3. Enrollment
- You must complete the enrollment process in the Refreshing Rewards App to register as a user in order to use Refreshing Rewards and the Service. The enrollment process will ask you for information including your name, and other personal information to register.
- You are not a member of Refreshing Rewards until you have fully enrolled. This includes acknowledging these Terms. Before you fully enroll, you are still subject to these Terms. Until you fully enroll, you are not eligible to redeem Refreshing Rewards. Once you do fully enroll, you will be able to fully redeem your Refreshing Rewards offers.
4. Privacy Policy
By participating in Refreshing Rewards, you shall be subject to BP's Privacy Policy located at https://www.bp.com/en_us/united-states/home/products-and-services/earnify/earnify-privacy-statement.html which may be updated from time to time, in BP's sole discretion. For more details on the information BP collects, read BP's privacy policy carefully. You authorize BP to monitor your Refreshing Rewards, Refreshing Rewards App and Service account activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your account or any of your activities relating to Refreshing Rewards, Refreshing Rewards App and Service, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages.
5. Data; To Provide You Personalized Offers
Refreshing Rewards will use your information to analyze and understand your shopping behavior based on your purchases at our locations so that we can provide you with personalized offers and marketing communications which we think will be of interest to you. To help us better understand you as a customer, we will also analyze how you use the reward program and how you interact with our app and other marketing channels, including assessing the effectiveness of our offers and marketing communications. As part of this, we can show or send you tailored Refreshing Rewards offers and advertisements when you are browsing the internet using cookies.
You acknowledge and agree that use of Refreshing Rewards and the Service are limited to registered users of Refreshing Rewards that have enabled use of Refreshing Rewards and the Service. BP reserves the right to approve, deny or revoke your enrollment to use Refreshing Rewards and/or Service for any reason.
In addition to and independent of these Terms, third party sponsors that work with BP for various rewards programs may have their own terms and conditions ("Sponsors"), which describe specifically how BP works at their locations. These terms and conditions may describe things such as how you earn rewards at their locations and which items are excluded from earning rewards. In certain cases, a Sponsor may also provide you with additional benefits that are not directly related to Refreshing Rewards. BP bears no liability under or responsibility for any Sponsor-provided terms and conditions, or for any associated additional benefits, which are offered solely by the applicable Sponsor, and may be changed or discontinued at that Sponsor's exclusive discretion.
You represent that all information you provided during enrollment and throughout your interactions with Refreshing Rewards are true and accurate. You agree to update your information, as necessary to maintain its truth and accuracy. You are responsible for all activities related to your account and for maintaining the confidentiality of your passwords.
The Service may only be used for lawful purposes in accordance with these Terms. As a condition of your use of the Service, you warrant to BP that you will not (and will not assist or encourage any third party to) use the Service in any way or for any purpose that is unlawful or is prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party,
YOU MAY NOT:
- Make any commercial use of the Service or the offers made through the Service
- Use an agent or other third party to conduct transactions on the Service; or
- Conduct fraudulent activities on the Service or activities outside of the Service designed or intended to gain a fraudulent or improper benefit or reward through the Service
6. Earning and Redeeming Rewards
Phone Number for Redeeming Rewards (ID)- Should you choose not to use the Refreshing Rewards app for registration; you may be able to enter your phone number at either the pump or inside at the register to participate in Refreshing Rewards. This option varies depending on Location and at Thornton's (BP) discretion. Before paying for a qualified purchase, enter that phone number either at the pump or inside at the register to participate in Refreshing Rewards.
Active rewards are redeemable in the app. A consumer must choose to claim their rewards for any of the listed options. The rewards are not applied to your next fuel purchase. You may redeem points for rewards in the convenience store or at the pump at participating Thornton's Locations.
7. Restrictions on Earning and Redeeming Rewards
You will not receive Rewards for: any purchases excluded by law; the value of any reward or coupons outside of Refreshing Rewards; purchases that a particular Thornton's Location rule ineligible for Refreshing Rewards; or taxes on purchases.
Rewards may vary depending on the offers, programs, and promotions in operation at any given time. Thornton's reserves the right in its sole discretion to amend redemption rights with respect to any Refreshing Rewards offers, programs or promotions it runs now or in the future. Notwithstanding any offer, program or promotion made available through Refreshing Rewards, Thornton's(BP) may place limits intended to combat fraud and abuse on the number of rewards that you may earn during a given time period or with respect to certain transactions, as determined in our sole discretion. If you believe your bona fide transaction has not accurately had rewards applied, please see Section 9 below to contact us.
You agree that you will exercise reasonable care in safeguarding any device on which you have installed Refreshing Rewards and keep your user name, password and personal identification number ("PIN") confidential and secure, and that you will notify BP immediately if you believe that a fraudulent or unauthorized transaction has been conducted using the Service or if you become aware of any other breach of security relating to the Service.
You agree that your use of Refreshing Rewards is at your own risk and that you will not use Refreshing Rewards while operating a vehicle (also known as distracted driving). You also agree to follow safety guidelines or warnings posted or made available (i) at the service station/gas station at which you use your Refreshing Rewards App and (ii) by your wireless carrier.
8. Fees and Charges
You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services as a result of your use of Refreshing Rewards, the Service, or any other services provided through Refreshing Rewards.
9. Refreshing Rewards Account Responsibilities
You are solely responsible for checking your Refreshing Rewards account regularly to ensure that your Refreshing Rewards are properly credited. If you believe that proper credit does not appear on your Refreshing Rewards account, you should contact us via [ (800) 333-3991 ] no later than ninety (90) days after you believe the Refreshing Rewards should have been credited to your account and then provide any requested documentation to verify your purchase. We reserve the right to determine, in our sole and absolute discretion, whether Refreshing Rewards should have been posted to your account and to adjust your account accordingly. You acknowledge that any such determination by us will be final and binding. IF YOU DISAGREE WITH ANY SUCH DETERMINATION, OR OTHERWISE DISPUTE THAT REFRESHING REWARDS HAVE BEEN PROPERLY CREDITED TO YOUR ACCOUNT, YOUR SOLE REMEDY IS TO WITHDRAW FROM REFRESHING REWARDS and the SERVICES.
10. Additional Obligations
BP is not responsible for any tax liability related to Refreshing Rewards or the Service. Any disputes concerning Refreshing Rewards or the Service will not affect your payment obligations for your fuel purchases. We are not responsible for any disputes among you or any authorized users relating to Refreshing Rewards or the Service.
11. Program Responsibility
BP makes no guarantees, warranties or representations of any kind concerning Refreshing Rewards or the Service. You release BP and its affiliates and partners from liability regarding or connected to any earnings, redemption and use of Rewards, including, without limitation, any Rewards that, after receipt, may be lost, stolen or destroyed.
You acknowledge and agree that you have no ownership rights in your Refreshing Rewards account. You further acknowledge and agree that you have no third-party beneficiary rights in any agreement between us and any Sponsor, and that the only relationship created by these Terms is one between you and us.
12. Program Void
Refreshing Rewards or the Service are void where prohibited by federal, state or local law or regulations. These set forth all the terms of Refreshing Rewards or the Service. BP has no other obligation with respect to the Refreshing Rewards or the Service beyond those described in these Terms.
13. Account Information
To review your Refreshing Rewards accumulation, redemption and expiration status, please log in to your account on the Refreshing Rewards app.
14. Electronic Communications
Except as otherwise required by U.S. federal law, you acknowledge and agree that we may provide any notice permitted or required under these Terms via mail, email, SMS, posting on our website,. By using Refreshing Rewards, you acknowledge and agree that we may communicate with you regarding Refreshing Rewards or the Service, electronically. These communications will include notices about your account (e.g., change in password or confirmation e-mails, and other transactional information) and/or notices about special offers, news and information related to Refreshing Rewards. These communications are part of your relationship with Thornton's (BP). Such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
15. Changes to Services
Thornton's (BP) may suspend or terminate your rights in and to Refreshing Rewards or the Service or any other services accessible through Refreshing Rewards, at any time, with or without notice, in Thornton's (BP's) sole discretion including, without limitation, if a newer version of Refreshing Rewards or a Service thereof is available, to improve the Refreshing Rewards Program, Refreshing Rewards App or the Service or any functionality thereof; to add or remove your access to a service accessible through Refreshing Rewards; to improve ease of use for you or BP; to correct an error or bug; to prevent or discontinue harmful or improper access to Refreshing Rewards or the Service ; to prevent or discontinue unauthorized use of the Refreshing Rewards or the Service ; to comply with a platform provider or governmental or regulatory authority request; or to comply with a statue or judicial order. We may provide notice to you of such changes or any suspension or modification to the extent required by applicable U.S. law.
Thornton's (BP) reserves the right, at our sole discretion, to add and remove features and
capabilities from Refreshing Rewards or the Service and to create limits on the use of
Refreshing Rewards or the Service, including, without limitation, additional registration or
verification requirements or geographic restrictions, at any time and without notice.
16. Right to Modify Terms; Right to Terminate
Thornton's (BP) may, with or without notice and in its sole discretion, modify, restrict or waive
any of these Terms at any time. Your continued use of Refreshing Rewards or the Service
constitutes your acceptance of any changes to these Terms. You are responsible for remaining
knowledgeable of any changes that Thornton's (BP) makes to the Terms. The most current version
of these Terms will be available on the BP website and will supersede all previous versions of
these Terms.
BP may, with or without notice and in its sole discretion, terminate
or suspend Refreshing Rewards or the Service at any time.
17. Intellectual Property
You acknowledge and agree that BP and/or its licensors, affiliates, partners, agents, and successors own all legal right, title and interest in and to Refreshing Rewards or the Service, and any software provided to you as a part of or in connection therewith, including any and all intellectual property rights that exist therein. You acknowledge that all use of Refreshing Rewards or the Service is subject to the terms and conditions of the Refreshing Rewards End User License Agreement accepted by you upon download of Refreshing Rewards to your device, which is incorporated herein by this reference.
18. Linked Destinations, Promotional Offers, and Feedback
You understand that Thornton's (BP) may include services, materials or goods advertised,
promoted, sold or otherwise made available through a third party in Refreshing Rewards or the
Service or promote content in connection with your use of Refreshing Rewards. BP does not have
responsibility or liability for such advertisements or promotional offers of any third parties
that may be provided. Any dealings you have with those third-party advertisers while using
Refreshing Rewards or the Service are between you and the third-party advertiser, and you agree
that BP is not liable for any loss or claim that you may have against such advertiser. If we
provide links or pointers to other websites or destinations, you acknowledge and agree that
Thornton's (BP) does not operate, control, or have any other connection with these other
websites or destinations. Please be careful to read the Terms of Use and Privacy Policy of any
other website or destination before using such website or destination and prior to you providing
any confidential information or engaging in any transactions. You should not rely on these Terms
to govern your use of another website or destination.
Should you send any
submissions, suggestions, ideas, or feedback, whether related to Refreshing Rewards or the
Service or otherwise ("Feedback"), you acknowledge and agree that any Feedback
is given voluntarily, and the BP is free to use, disclose, reproduce, license or otherwise
distribute, and exploit Feedback provided to it as it sees fit, without obligation or
restriction of any kind, and no consideration or acknowledgement of any sort will be provided to
you Further, you hereby irrevocably and forever release and waive any claim against BP and its
affiliates regarding the use of any Feedback for any purpose.
19. Termination
These Terms shall continue in full force and effect until terminated by us or you as provided herein. You may terminate these Terms for convenience at any time by deleting Refreshing Rewards from all devices that you own or control. BP may terminate these Terms for convenience at any time upon notice to you. Notwithstanding the foregoing, with respect to you, these Terms shall terminate without any further action needing to be taken by BP upon any breach by you of these Terms. Upon the termination of these Terms for any reason whatsoever all licenses granted hereunder shall immediately terminate and you shall immediately cease and desist from all access to and use of the Refreshing Rewards or the Service and shall immediately delete Refreshing Rewards from all devices that you own or control. For the avoidance of doubt, notwithstanding any termination of these Terms, you remain liable for all use of Refreshing Rewards or the Service through any device you own or control, including any transactions initiated through such use. The terms set forth in the following paragraphs of these Terms shall survive the termination for any reason: "INTELLECTUAL PROPERTY"; "INDEMNIFICATION"; "DISCLAIMER OF WARRANTIES"; "LIMITATION OF LIABILITY"; "CHOICE OF LAW", "DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS ACTION WAIVER" and "ENTIRE AGREEMENT."
20. Indemnification
You agree to indemnify, defend and hold harmless Thornton's (BP) and their subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including without limitation attorney's fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
your participation in Refreshing Rewards or the Service or any other service provided in Refreshing Rewards;
any breach or non-compliance by you of any of these Terms;
your actions or omissions; or
your negligence or violation or alleged violation of any applicable law, regulations, or any rights of a third party
Disclaimer. REFRESHING REWARDS AND THE SERVICE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE
REFRESHING REWARDS PROGRAM, REFRESHING REWARDS APP OR THE SERVICE WILL BE FREE FROM DEFECTS OR
VIRUSES OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. YOUR USE OF REFRESHING REWARDS
OR THE SERVICE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH
REFRESHING REWARDS THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE OR INJURY RESULTING FROM THEIR USE.
Limitation of Liability. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BP OR ANY OF ITS CONTRACTORS OR PROVIDERS, OR ANY
OF EACH OF THEIR AFFILIATES AND SUBSIDIARIES, BE LIABLE FOR ANY DAMAGES OR INJURY ARISING OUT OF
THE USE OF OR INABILITY TO USE REFRESHING REWARDS OR THE SERVICE , INCLUDING, BUT NOT LIMITED
TO, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, THE LIABILITY OF BP OR ANY OF THE OTHER
PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OF OR INABILITY
TO USE REFRESHING REWARDS OR THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE $10.00.
Notice for California Users. Under California Code Section 1789.3, California users of the
online services are entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California Department of Consumer
Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by
telephone at (916) 445-1254 or (800) 952-5210.
21. Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of Illinois, excluding that body of laws pertaining to conflict of laws. If any provision of these Terms is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible, and the other provisions will remain effective and enforceable.
22. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES
FOR RESOLUTION OF DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS
ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD
OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT
TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS.
YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY
TRIAL WAIVER AND CLASS ACTION WAIVER) WITHIN THIRTY (30) DAYS OF ACCEPTANCE OF THESE TERMS, IF
YOU FOLLOW THE PROCEDURES SET FORTH IN THIS SECTION 22. OTHERWISE, YOU WILL BE BOUND TO SETTLE
ANY DISPUTES YOU MAY HAVE WITH BP THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
YOU AND BP AGREE TO ARBITRATE – RATHER THAN LITIGATE IN COURT – any and all
claims or disputes between us (including any parents, subsidiaries, affiliates, officers,
directors, employees, or agents of BP) that are connected to, arise out of, or in any way relate
to these Terms, Refreshing Rewards, or the Service. Notwithstanding this agreement to arbitrate,
you and BP may bring appropriate claims against each other in small claims court, if the claims
fall within the small claims court's jurisdiction, or before the Federal Communications
Commission, the relevant state public utilities commission, or any other federal, state, or
local government agency authorized by law to hear the claims.
Opt Out: You may opt out of this dispute
resolution provision (except jury trial waiver and class action waiver) by notifying BP in
writing of that intent within thirty (30) days after acceptance of these Terms by sending a
letter stating that you are opting out of this dispute resolution provision to BP at via U.S.
mail to 30 S. Wacker Drive, Ste. 900, Chicago, IL 60606. Exercising this right, should you
choose to do so, will not affect any of the terms of your agreement with BP. If you opt out of
the dispute resolution provision, that opt out will remain in effect if BP modifies this section
in the future.
Class Action
Waiver: You and BP agree that all claims or disputes between you and BP will be
arbitrated individually, and that there will be no class, representative, or consolidated
actions in arbitration. If you or BP brings a claim in small claims court, the class action
waiver will apply, and neither of us can bring a claim on a class or representative basis.
Furthermore, neither you nor BP may participate in a class or representative action as a class
member if the class action asserts claims that would fall within the scope of this arbitration
agreement if they were directly asserted by you or BP. Both parties agree that this class action
waiver is an essential part of our arbitration agreement and that if this class action waiver is
found to be unenforceable by any court or arbitrator then the entire arbitration agreement set
forth in this Section 22 will not apply to any claim or dispute between you and BP, except for
the provisions waiving the right to jury trial. This class action waiver may not be severed from
our arbitration agreement.
Arbitrator
Authority: The arbitration between you and BP will be binding. In arbitration, there
is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose
authority is governed by these Terms. You and BP agree that an arbitrator may only award such
relief as a court of competent jurisdiction could award, limited to the same extent as a court
would limit relief pursuant to these Terms. An arbitrator may award attorneys' fees and costs if
a court would be authorized to do so and may issue injunctive or declaratory relief if that
relief is required or authorized by the applicable law, but that injunctive or declaratory
relief may not extend beyond you and your dealings with BP. Review of arbitration decisions in
the courts is very limited.
Arbitration
Procedures: You and BP agree that these Terms affect interstate commerce and that the
Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration
Association ("AAA"). The AAA's rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim
asserted in arbitration is for less than $75,000, the AAA's Supplementary Procedures for
Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the
Commercial Arbitration Rules will apply. If there is a conflict between the AAA's rules and this
dispute resolution agreement, this dispute resolution agreement shall control. To initiate
arbitration, you must send a letter requesting arbitration and describing your claims to BP via
U.S. mail to 30 S. Wacker Drive, Ste. 900, Chicago, IL 60606. You must also comply with the
AAA's rules regarding initiation of arbitration. BP will pay all filing fees and costs for
commencement of an arbitration, but you will be responsible for your own attorneys' fees and
costs unless otherwise determined by the arbitrator pursuant to these Terms or applicable law.
BP will not seek to recover its fees and costs from you in the arbitration, even if allowed
under the law, unless your claim has been determined to be frivolous. If you are successful in
the arbitration, BP will pay your reasonable attorneys' fees and costs. The arbitration will be
held in a mutually convenient location.
Confidentiality: You and BP agree that the arbitrator is authorized, upon either party's request, to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration reward and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Jury Trial and Class Action Waiver Where Arbitration Does Not Apply: If for any reason this arbitration agreement is found to be unenforceable, inapplicable, or if you opt out of this dispute resolution agreement, you and BP expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a judge rather than a jury will decide disputes between you and BP if, for any reason, the arbitration agreement is not enforced. You further agree that in any claims or disputes between you and BP there will be no class, representative, or consolidated actions, and neither you nor BP may participate in a class or representative action as a class member.
Survival: This dispute resolution provision survives the termination of these Terms with BP. If you bring a claim against BP after termination of these Terms that is based in whole or in part on events, act or omissions that occurred while you were a BP customer, this dispute resolution provision shall apply.
23. Assignment
Except as expressly set forth herein, you may not sell, assign or transfer any Service or other benefit you receive, any other aspect of your Refreshing Rewards or the Service account, or any of your rights or obligations under these Terms, whether by operation of law or otherwise. We may sell, transfer, or assign the Refreshing Rewards or the Service account, in whole or in part, at any time, without notice to you. If we make such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and we will be released from any responsibilities or obligations.
24. Entire Agreement and Statement of Non-Reliance
These Terms together with any other terms and conditions, policies or agreements referenced herein, constitute the sole and entire agreement between the parties concerning the subject matter hereof. You also expressly acknowledge and agree that you are not entitled to rely upon, and have not relied upon, any representation or warranty by BP that is not expressly stated in these Terms.