Haffner's rewards terms & conditions
HAFFNER’S REWARDS PROGRAM TERMS OF SERVICE
Last Updated: April 27, 2026
Effective Date: April 27, 2026
Please read these Haffner’s Rewards Program Terms of Service (“Rewards Program Terms”) carefully before creating your Haffner’s Rewards account and/or accessing and/or using the Haffner’s Rewards Program (the “Rewards Program”). The Rewards Program Terms govern your use of the Rewards Program and constitute a binding agreement between you and Energy North Incorporated (together with its affiliates, successors, assigns, and subsidiaries, referred to collectively herein as “Haffner’s”, “we”, or “us” or “our”).
BY ACCESSING AND/OR USING THE REWARDS PROGRAM, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THESE REWARDS PROGRAM TERMS, THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE REWARDS PROGRAM TERMS.
KEY POINTS: REWARDS HAVE NO CASH VALUE, MAY EXPIRE, AND THE REWARDS PROGRAM MAY BE MODIFIED OR TERMINATED AT ANY TIME. ADDITIONALLY, THESE REWARDS PROGRAM TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY US, AND REQUIRE YOU TO RESOLVE ANY DISPUTES WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION. PLEASE READ SECTIONS BELOW ENTITLED “ABOUT THE REWARDS PROGRAM”, “WARRANTY DISCLAIMER”, “INDEMNIFICATION”, “LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” CAREFULLY.
YOUR ACCESS TO AND USE OF THE REWARDS PROGRAM IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE REWARDS PROGRAM TERMS. IF YOU DO NOT AGREE TO THESE REWARDS PROGRAM TERMS, YOU ARE NOT AUTHORIZED TO USE THE REWARDS PROGRAM, AND ARE INSTRUCTED TO NOT ACCESS OR USE THE REWARDS PROGRAM AND UNINSTALL AND/OR DELETE THE HAFFNER’S REWARDS APP (the “App”).
ABOUT THE REWARDS PROGRAM
From time to time, Haffner’s, through its Rewards Program, may offer enrolled customers (“Participants”) the opportunity to earn and redeem Rewards on Qualifying Purchases, as those terms are defined herein, at participating Haffner’s locations and participate in other promotional offers.
The Rewards Program is available only at participating locations and may be modified or discontinued in whole or in part at any time. Availability of rewards, products, and services is not guaranteed and may vary by location. Unless required by law, any reward, prize, promotion, discount or other benefit may not be combined with any other discount or other benefit received from Haffner’s.
Haffner’s is not responsible for any tax liability related to or arising out of the Rewards Program.
ENROLLING YOUR REWARDS PROGRAM ACCOUNT
You may enroll in the Rewards Program by downloading our App on the Apple App Store for IOS devices and Google Play for Android devices or through the Rewards Program website at https://www.haffners.com/Haffners-Rewards. You may register to create an account (“Rewards Account or Account”) directly via the App or our Rewards Program website. You may not register for multiple Rewards Account or on behalf of any other person.
Your Rewards Account will be created based upon the information you provide. You agree to provide complete, accurate, and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate, and up-to-date. You are solely responsible for your registration information and for updating and maintaining it.
You agree not to disclose your log-in credentials or password to any third party, and you agree to immediately notify us of any unauthorized use of your Rewards Account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your Rewards Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
You acknowledge and agree that you have no ownership rights in your Rewards Account. You will not sell, transfer, or assign your Rewards Account or any Rewards Account rights.
REWARDS PROGRAM DETAILS
Once you create your Rewards Account, Participants may receive rewards through Qualifying Purchases, digital promotions, special offers, or milestones (“Rewards”). Rewards may include fuel discounts, free or discounted items, car wash offers, or other promotional rewards. Rewards are promotional in nature, have no cash value, are not property of any Participant, and may not be transferred, assigned, or sold. Rewards do not constitute stored value, gift certificates, or property or vested rights. Redemption rules and expiration dates vary by promotion.
Rewards may be earned when a Participant’s mobile number is provided at the time of purchase for Qualifying Purchases at participating Haffner’s locations and/or when Participants make a qualifying purchase using the App at participating Haffner’s locations. Under the Rewards Program, “Qualifying Purchases” means purchases of certain qualifying products and/or services located at participating Haffner’s locations subject to any exclusions and limitations applicable at the time of sale or as stated herein. Purchases that do not qualify and are excluded from the Rewards Program include but may not be limited to gift cards, money orders, lottery, postal stamps, tobacco (in certain states), milk (in certain states), and alcohol product purchases. You also may not receive Rewards for any purchases excluded by law, the value of any reward or coupons outside of the Rewards Program, or taxes or other regulatory fees on purchases. Rewards are based upon qualifying purchases completed as listed on the Rewards Program website or the App and are subject to change at any time.
Certain offers may be funded by tobacco manufacturers including Altria and R.J. Reynolds Tobacco Company. Participation requires members to be 21 years of age or older and may require age verification and opt‑in to receive, qualify or view such offers. Tobacco rewards cannot reduce the price below manufacturer minimum pricing where applicable.
Some products sold at Haffner’s locations are restricted to customers 21 years of age or older, including tobacco and vape products. Participation in the Rewards Program and/or age verification within the App does not override legal age restrictions when purchasing age restricted products. Age verification is and will be required at time purchase.
Rewards will generally post to Participant’s Rewards Account within 3 business days from earning. No adjustments to Participant’s Rewards Account will be made after 90 days from the actual purchase date. We make no representation that Rewards will post to a Participant’s Rewards Account within a specific time frame or will be free from error. Additionally, we may hold Rewards in a pending status for certain purchases, such as those that are suspected of fraud. We will determine when to suspend Rewards at our sole discretion. If we suspend Rewards, you will not be able to see them in your account as pending and you will not be able to use them until we release them to your Rewards Account.
Participants are solely responsible for ensuring that the contact information listed in their Rewards Account is accurate and valid. Haffner’s is not responsible for Rewards lost or not credited. Rewards are for one-time redemption only, and all redemptions are final. In the event that a Participant returns products that were partially or wholly paid for with Rewards, the Rewards used in connection with such a purchase will not be reissued and no Rewards will be reissued to such Participant’s Rewards Account. In these cases, the Participant forfeits the Rewards, to the extent permitted by applicable law.
Rewards are not redeemable for cash. Participants may be notified of additional ineligible products and services. Other restrictions may apply. Lost, stolen, or expired Rewards will not be replaced. Rewards redemption may be changed at any time without notice, and we reserve the right in our sole discretion to amend redemption rights or eligibilities now and in the future.
Participant Communications
Emails
By registering for a Rewards Account and using the Rewards Program, you agree to receive email communications from us. You may cancel or modify the e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails, the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your Rewards Account or use of our Rewards Program, such as administrative and service announcements and these transactional account messages may be unaffected even if you choose to opt-out from receiving our marketing communications.
Text Messages
By registering for a Rewards Account and enrolling in and using the Rewards Program, you agree to receive SMS or MMS marketing messages from us. Text messages may be recurring or one-time. BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT HAFFNER’S USES AN AUTOMATIC DIALING SYSTEM TO DELIVER MESSAGES TO YOU AND SUCH CONSENT IS NOT REQUIRED AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES. You can cancel text messages at any time. Reply “STOP” to cancel or “HELP” for help. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. If you want to restart our text messages, we will ask you to provide your prior consent.
For subscriptions to recurring text messages, message frequency varies. MESSAGE AND DATA RATES MAY APPLY. Message and data rates and other fees are charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details.
Text message services are provided on an “as is” basis and may not be available in all areas at all times. Delivery is subject to effective transmission from your provider/carrier.
Not all phones and/or carriers are supported. Haffner’s nor the carriers are liable for delayed or undelivered messages. You may contact us regarding text communications at: Energy North Incorporated, 2 International Way, Lawrence, MA 01843, or via email at: support@haffnersrewards.com. For a description of our data practices, please see our Privacy Policy https://www.haffners.com/Copy-of-Privacy-Policy.
Content
We try to keep our content current and accurate, but fuel prices, convenience store prices, menus, and other content in our Participant Communications, on the App and/or our websites are not guaranteed, and not all menu items, pricing and offers are available in all of our locations. Actual availability and pricing will be determined at each participating location.
Eligibility, Account Actions and Termination
The Rewards Program is available to individuals who are legal residents of Massachusetts, New Hampshire, Maine, New York, Connecticut or Rhode Island, for personal, non-commercial use and limited to one account per individual.
We will administer the Rewards Program in a commercially reasonable manner. The Rewards Program or its benefits are not conditioned on any exercise or non-exercise of applicable privacy rights; provided, however, that if you elect to delete your personal information that is associated with your Rewards Account, we will be unable to provide your Rewards Program services or benefits.
These Rewards Program Terms will continue in full force and effect until terminated by us or you as provided herein. You may cancel your enrollment in the Rewards Program at any time by uninstalling the App, deleting your Rewards Account through the “Delete Account” option in the App, or by calling 1-866-485-4257 or emailing support@haffnersrewards.com. If a Participant has had no activity for twelve (12) months, Haffner’s reserves the right to cancel the Participant’s enrollment and Rewards Account, in which case you will forfeit all remaining Rewards, to the extent permitted by applicable law.
We may, in our reasonable discretion and without liability to you, modify, limit, suspend, deactivate, or cancel your Account and/or take technical and legal steps to prevent you from using the Rewards Program at any time for legitimate business reasons, including suspected fraud, misuse, violation of these Rewards Program Terms, or as required by law. We reserve the right to suspend or terminate your Account or your access to the Rewards Program if you create more than one Account, or if any information provided during the registration process or thereafter or your use of the Rewards Program is determined to be incomplete, inaccurate, outdated, deceptive, or fraudulent.
In addition, we may not issue you any Rewards, and you will forfeit all existing Rewards, to the extent permitted by applicable law, if we (a) terminate your Rewards Account because of conduct that we determine, in our discretion, violates these Rewards Program Terms or any applicable law, involves fraud or misuse of the Rewards Program, or is harmful to our interests or another customer; or (b) modify or terminate the Rewards Program in whole or in part, at our discretion. We also reserve the right to deny future enrollment if we deem your conduct to have violated these Rewards Program Terms.
Haffner’s may terminate these Rewards Program Terms for convenience at any time upon notice to you. Notwithstanding the foregoing, with respect to you, these Rewards Program Terms will terminate without any further action needing to be taken by us upon any breach by you of these Rewards Program Terms. Upon the termination of these Rewards Program Terms for any reason whatsoever all licenses granted hereunder will immediately terminate and you will immediately cease and desist from all access to and use of the Rewards Program and the App, and will immediately delete the App from all devices that you own or control. For the avoidance of doubt, notwithstanding any termination of these Rewards Program Terms, you remain liable for all use of Rewards Program and the App through any device you own or control, including any transactions initiated through such use. Upon termination for any reason, any provision of these Rewards Program Terms that, by its nature, should survive termination, will survive termination including without limitation, any warranty disclaimers, release from and limitation of liability, indemnification obligations, terms regarding ownership or intellectual property rights, class action and arbitration waiver and other terms governing dispute resolution.
Any Rewards in your Rewards Account will be forfeited at the time of cancellation or suspension, to the extent permitted by applicable law.
Employee Participation
Employees of Haffner’s may participate in the Rewards Program for personal, non-commercial use, subject to these Rewards Program Terms and any applicable company policies. Participation by employees is a privilege and may be modified or revoked at any time.
Haffner’s reserves the right to monitor employee participation and to restrict, suspend, or terminate employee accounts, or to reverse Rewards, in its reasonable discretion, including where participation is inconsistent with these Rewards Program Terms, internal policies, or the intended use of the Rewards Program.
Employees may not earn or redeem Rewards in connection with transactions that they process themselves or otherwise influence, unless expressly permitted by Haffner’s.
UPDATES TO REWARDS PROGRAM TERMS
These Rewards Program Terms will govern the Rewards Program as it applies to you from time-to-time.
The Effective Date of these Rewards Program Terms is set forth at the beginning. We may modify, suspend, or terminate the Rewards Program or any aspect of it at any time and as such our Rewards Program Terms may be modified in whole or in part at any time. We will provide you with at least 10 days’ advance notice of any revision to these Rewards Program Terms that we believe is material by posting a notice in the App and on the Rewards website, or sending you an email or by some other means that we believe will notify you. We will not make revisions that have a retroactive legal effect unless we are legally required to do so or to protect other users of the Rewards Program. As of the Last Updated date above, the amended Rewards Program Terms supersede all previous versions of or agreements, notices or statements about the Rewards Program. Your continued use of the Rewards Program after the Effective Date and/or Last Updated date constitutes your acceptance of these Rewards Program Terms, as amended.
CONTACT AND TRANSACTION DISPUTES
If you have any questions, comments or concerns or would like to dispute any Rewards posted to your Account and/or transactions made in store or at the pump, please contact customer service through our in-app support contact link or by calling 1-866-485-4257 or emailing support@haffnersrewards.com. Please note that any disputes concerning the Rewards Program will not affect your payment obligations for your fuel or convenience store purchases.
THIRD-PARTY TERMS
The Rewards Program may also provide links to third-party websites, resources or services including, without limitation, our vendors, suppliers, and partners, including without limitation, Altria Group Distribution Company or R.J. Reynolds that we do not control. Similarly, portions of the Rewards Program may be integrated into or linked to third-party sites, platforms, and applications or we may make third party ads and other third-party services, which we also do not control, available to you on or via our Rewards Program. This may include the ability to register or sign in to our Rewards Program using Facebook Connect or other third-party tools, and to post content on third-party services using their plug-ins made available on our Rewards Program. Links to such websites, resources or services do not imply any endorsement by Haffner’s, nor does Haffner’s take responsibility, for such third-party websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services. Please consult the applicable third-party terms of use, terms and conditions, and privacy policies.
For clarity, if you are accessing or using the Rewards Program through Apple, Android, or any other platform, these are third-party services.
Third-Party Charges and Mobile Alerts
You are solely responsible for any fees or charges incurred to access the App through an internet access provider or other third party, including without limitation data charges incurred if you are not connected to WiFi access, charges to receive SMS messages or other mobile access, which may be billed to you or deducted from your prepaid balance by your mobile provider. You agree that we are not liable in any way for any third-party charges.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE REWARDS PROGRAM, INCLUDING THE REWARDS PROGRAM WEBSITE AND THE APP (COLLECTIVELY, THE “PROGRAM”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY REWARDS OR BENEFITS PROVIDED OR RECEIVED IN CONNECTION WITH THE PROGRAM ARE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree to indemnify, defend, and hold harmless Haffner’s and its 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: (1) your participation in the Rewards Program; (2) any breach or non-compliance by you of any of these Rewards Program Terms; (3) your actions or omissions; or (4) your negligence or violation or alleged violation of any applicable law, regulations, or any rights of a third party.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL HAFFNER’S AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, OR YOUR USE, MISUSE OF OR INABILITY TO USE THE PROGRAM.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HAFFNER’S OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED IN THE AGGREGATE ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THESE REWARD PROGRAM TERMS WITHOUT THESE LIMITATIONS ON OUR LIABILITY.
NOTHING IN THESE REWARDS PROGRAM TERMS WILL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, INCLUDING LIABILITY FOR INJURY, FRAUD, OR VIOLATIONS OF APPLICABLE CONSUMER PROTECTION STATUTES. CERTAIN PROVISIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE RESIDENCE.
CHOICE OF LAW, JURISDICTION AND VENUE
These Rewards Program Terms and the relationship between you and us will be governed by and construed in accordance with the federal laws of the United States of America and the laws of the State of Massachusetts, excluding conflict of law provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, REWARDS PROGRAM, THESE REWARDS PROGRAM TERMS, OR YOUR ACCOUNT, WILL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE CITY OF BOSTON, MASSACHUSETTS, U.S.A. YOU AND WE IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.
DISPUTE RESOLUTION
No Representative Actions.
You and Haffner’s agree that any past, present, or future dispute arising out of or related to these Rewards Program Terms or the Rewards Program is personal to you and Haffner’s and that any dispute will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes.
Except for small claims disputes in which you or Haffner’s seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Haffner’s seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Haffner’s waive your rights to a jury trial and to have any dispute arising out of or related to these Rewards Program Terms or Rewards Program resolved in court. Instead, for any past, present, or future dispute or claim that you have against Haffner’s or relating in any way to the Rewards Program Terms or the Rewards Program, you agree to first contact Haffner’s and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Haffner’s by certified mail addressed to Haffner’s, 2 International Way Lawrence, MA 01843, Attn: Legal.
The Notice must (a) include your name, your residence address, your email address and your telephone number; (b) a description of the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Haffner’s cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth above, in court. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Lawrence, Massachusetts. You and Haffner’s agree that arbitrations will be held in accordance with the AAA Consumer Arbitration Rules and corresponding fee schedule, where applicable ("AAA Rules"). The most recent version of the AAA Rules are available on the AAA website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.
You and Haffner’s agree that these Rewards Program Terms affect interstate commerce, that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), and that to the maximum extent permitted by applicable law, the FAA shall preempt the application of state laws regarding arbitration, including without limitation, provisions of the California Arbitration Act. As limited by the FAA, these Rewards Program Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may not preside over any type of class or representative proceeding.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, Haffner’s, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Arbitration fees will be allocated consistent with AAA consumer rules, and Haffner’s will pay fees where required by those rules. You and Haffner’s agree that the state or federal courts of the State of Massachusetts and the United States sitting in Boston have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
You May Opt-Out of Arbitration: WHEN YOU FIRST ENTER INTO THESE REWARDS PROGRAM TERMS, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO support@haffnersrewards.com (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ENTER INTO THESE REWARDS PROGRAM TERMS.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address to: support@haffnersrewards.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Rewards Program Terms will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
You Waive Certain Rights: BY AGREEING TO THESE REWARDS PROGRAM TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (1) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (2) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (3) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THESE REWARDS PROGRAM TERMS.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO PROGRAM MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Rewards Program Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable. If you are a consumer, the provisions of this section will be modified to the extent necessary to conform to the AAA Consumer Arbitration Rules or equivalent AAA standards.
MISCELLANEOUS
Headings
Headings and captions are for convenience only and shall not be deemed to define, limit, or affect the construction or interpretation of any provision of these Rewards Program Terms.
No Third-Party Beneficiaries
You acknowledge and agree that you have no third-party beneficiary rights in any agreement between us and any third party, and that the only relationship created by these Rewards Program Terms is one between you and us.
No Waiver
Any failure by us to insist upon or enforce your strict compliance with any or all of these Rewards Program Terms will not constitute a waiver of any of our rights.
Entire Agreement
These Rewards Program Terms and our Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Haffner’s regarding your access to and use of the Rewards Program and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Haffner’s and regarding 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 Haffner’s that is not expressly stated in these Reward Program Terms, and that no employee or agent of Haffner’s is authorized to make any such representation.
To the extent of any disagreement or contradiction between these Rewards Program Terms and our Privacy Policy, these Rewards Program Terms shall control.