Summary

The following terms and
conditions (“Terms of Use”) form the agreement between you and Daily’s
(“Daily’s”), owned and operated by First Coast Energy, L.L.P. (“First Coast”).
These Terms of Use govern your use of the Daily’s website (the “Site”) and
other software- and Internet-enabled programs and services offered by Daily’s,
including mobile applications, rewards programs, gift cards, surveys,
sweepstakes and other prize promotions, together with all information, content,
materials and products (including software) included in or available through
such services (collectively, “Daily’s Services”).

PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF DAILY’S SERVICES. BY
USING DAILY’S SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. FIRST COAST
reserves the right, at its sole discretion, to change or modify these Terms of
Use, in whole or in part, at any time. Notification of changes will be posted
on the site. YOU SHOULD LOOK AT THESE TERMS OF USE REGULARLY. YOUR Use of the SERVICES
after such notice will be considered an agreement to be bound by any such
changes.

Privacy Policy; Program and Service Terms

These Terms of Use incorporate by
reference our Privacy
Policy. Additionally, certain Daily’s Services may be governed by
additional terms, conditions and/or rules presented with them.  All of these terms collectively constitute the
entire agreement between you and First Coast related to Daily’s Services.

Access and Permitted Use

Daily’s Services are for your
personal, non-commercial use only. You may use Daily’s Services only for lawful
purposes and in accordance with these Terms of Use and any other applicable terms.
Unless expressly permitted, you may not copy, distribute, publish, transmit,
modify, publicly display or perform, create derivative works of or otherwise
exploit any part of Daily’s Services. Daily’s Services are protected by
copyright, trademark, patent, trade secret, international treaties, laws and
other proprietary rights. First Coast reserves all rights not expressly granted
to you.

You acknowledge that you may be
required to register, provide certain personal information, or create a
password prior to being able to access and use certain Daily’s Services. You
agree to maintain and promptly update your account with complete and current information.
You acknowledge and agree that you are responsible for maintaining the
confidentiality of your account information and password, and for all
activities under any account registered to you.

You acknowledge and agree that Daily’s
Services, or certain features of them, may change from time to time without
notice to you. Any such changes are subject to these Terms of Use.

Privacy

Any information that you provide
to First Coast in connection with Daily’s Services will be handled in
accordance with Daily’s’ Privacy
Policy, which is incorporated into these Terms of Use by reference.

First Coast does not seek to
gather personal information from or about persons under the age of thirteen
(13) through the Site, and persons under the age of thirteen (13) are requested
not to provide personal information to First Coast through the Site or any
other of Daily’s Services.

Equipment, Devices and Third Party Services

You are responsible for providing
the equipment to access and use Daily’s Services. Certain Daily’s Services may
also require the services of one or more third parties, such as a wireless
carrier or a mobile platform provider. You acknowledge and agree that First
Coast is not a party to your contracts with any such third parties and, as
such, does not guarantee or assume any liability for the availability,
accuracy, integrity or quality of the services provided by such third parties.  Further, First Coast does not guarantee that Daily’s
Services are accessible on any particular equipment or device or with any
particular software or service plan. You agree that you are solely responsible
for all charges that apply to the use of such third party services and that
your use of such third party services may be subject to separate agreements,
terms of use and policies.

Security

You agree not to take any action
that might compromise the security of Daily’s’ websites or Daily’s Services,
render Daily’s’ websites or Daily’s Services inaccessible to others or
otherwise cause damage to the Site or Daily’s Services. Unauthorized attempts
to modify the Site or Daily’s Services, to defeat or circumvent security
features, or to utilize the Site or Daily’s Services for other than their
intended purposes are prohibited and may result in criminal prosecution and
damages.

Pricing and Descriptions

The Site and Daily’s Services
contain references to and information about Daily’s products and services,
including product descriptions, pricing, promotions, offers, availability and
other information. Such information is subject to change without notice. First
Coast makes an effort to provide accurate and timely information about fuel
prices. However, actual location prices may vary. Further, the availability of Daily’s
Services may be limited by individual store participation. You agree that First
Coast will have broad discretion to address and rectify any errors,
inaccuracies or omissions in the operation of Daily’s Services.

Intellectual Property

All content included in or made
available through any of the Site, applications and/or Daily’s Services, such
as text, graphics, images, audio clips, digital downloads and data compilations
(collectively, “Content”), as well as the color selections, organization and
layout of such Content, is the copyrighted property of First Coast, its
affiliated companies or their respective licensors. Further, Daily’s logo and
other trademarks, service marks, taglines, graphics and logos used in
connection with Daily’s Services (“Daily’s Marks”) are trademarks or registered
trademarks of First Coast, its affiliated companies or their respective
licensors.

No right, title or interest in
and to the Content or Daily’s Marks is transferred to you as a result of
accessing or using Daily’s Services. First Coast reserves all rights not
specifically and expressly granted to you. Unless otherwise specified, you may
not copy, imitate, use, modify, distribute, transmit, display, reproduce,
publish, create derivative works from or frame in another website, transfer or
sell any of the Content or Daily’s Marks, without First Coast’s prior written
permission. The preceding limitation expressly applies to the practices of
“screen scraping,” “database scraping” or any similar use of data mining,
robots, or other data gathering and extraction tools. First Coast further
prohibits the use of Daily’s Marks as a "hot" link to any website,
including the Site, without First Coast’s prior written permission.

User-Generated Content

You agree that you, and not
Daily’s, are responsible for all content, written or otherwise (including ideas
and feedback), that you upload, post, email, transmit or otherwise make
available in connection with Daily’s Services (“User-Generated Content”). Daily’s
does not control the User-Generated Content posted and, as such, does not
guarantee the accuracy, integrity or quality of such User-Generated Content.
You understand that by using Daily’s Services, you may be exposed to
User-Generated Content of other users that is offensive, indecent or
objectionable. Although Daily’s does not pre-screen User-Generated Content,
Daily’s has the right, but not the obligation, to modify, delete or move any
User-Generated Content for any reason. Daily’s further reserves the right at
all times to disclose any information as necessary to satisfy any law,
regulation or government request.

Third-Party Content

The Site, other applications or
Daily’s Services may link to or otherwise enable access to third-party
websites, information or services, including social media sites (“Third-Party
Content”). Such Third-Party Content and links are provided solely as a
convenience to you. They do not constitute or imply an endorsement,
sponsorship, or recommendation by Daily’s. By accessing such Third-Party
Content, you acknowledge and agree that Daily’s does not control such
Third-Party Content and, as such, Daily’s does not guarantee the availability,
accuracy, integrity or quality of such Third-Party Content. You further agree
that neither Daily’s nor its third-party service providers assume any liability
for such Third-Party Content, including any Third-Party Content that may be
offensive, indecent or objectionable. Daily’s reserves the right to change,
suspend, remove or disable access to any such Third-Party Content at any time
without notice. If you use such links to third-party websites, you will leave the
Site, and may be subject to separate terms of use and other policies applicable
to such third-party websites.

Termination

Daily’s may suspend or terminate
any of Daily’s Services or terminate or limit your access and use of Daily’s
Services at any time without notice or liability.

Assignment

Daily’s may assign these Terms of
Use and any other terms, in whole or in part, at any time without notice and
without such assignment being considered a change to the agreement between you
and Daily’s. Upon assignment, Daily’s will be released from all liability.

Governing Law; Jurisdiction

These Terms of Use and your use
of Daily’s Services will be governed by and interpreted in accordance with the
laws of the State of Florida, without regard to any conflict of law provisions.
Sole and exclusive jurisdiction for any action or proceeding arising out of or
related to these Terms of Use or Daily’s Services shall be a state or federal
court located in Duval County, Florida. 

Equitable Relief

You acknowledge that any breach
or threatened breach of these Terms of Use or any other applicable terms may
result in irreparable harm for which damages would not be an adequate remedy,
and, therefore, in addition to its rights and remedies otherwise available at
law, First Coast shall be entitled to seek immediate equitable relief,
including injunctive relief, as appropriate. If First Coast seeks any equitable
remedies, it will not be precluded or prevented from seeking remedies at law,
nor will it be deemed to have made an election of remedies.

Indemnification

You
hereby agree to indemnify, defend and hold FIRST COAST, and its officers,
directors, owners, agents, PARTNERS, employees, information providers,
affiliates, licensors and licensees (collectively, the “Indemnified Parties”)
harmless from and against any and all liability and costs incurred by the
Indemnified Parties in connection with any claim arising out of any breach by
you of the Terms of Use or the foregoing representations, warranties and
covenants, including, without limitation, attorneys’ fees and costs. You shall
cooperate fully in the defense of any claim. FIRST COAST reserves the right, at
its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you shall not in any event
settle any matter without FIRST COAST’S PRIOR written consent.

Damages

IN
NO EVENT SHALL FIRST COAST, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE
USE OF these terms of use OR daily’s services. THIS INCLUDES WITHOUT LIMITATION
LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, MOBILE DEVICES,
COMPUTER PROGRAMS OR INFORMATION SYSTEMS, OR THE LOSS OF ANY INFORMATION OR
DATA. In no event shall daily’s’ total liability to you for all damages (other
than as may be required by applicable law in cases involving personal injury)
exceed the TOTAL amount of Fifty Dollars ($50.00).

Miscellaneous

If any provision of these Terms
of Use is determined to be illegal or unenforceable, the remainder of these
Terms of Use shall continue to be fully valid, binding, and enforceable.
Failure of Daily’s to exercise or enforce any right or provision of these Terms
of Use will not constitute a waiver of such right or provision in that or any
other instance. Any cause of action you may have with respect to these Terms of
Use, Daily’s’ Privacy Policy, and/or any other applicable terms must be
commenced within one (1) year after the claim or cause of action arises. The use
of paragraph headings is for information purposes and do not expand or limit
the terms of the paragraphs.

Contact

Please direct any questions or
suggestions to:

Daily’s Customer Support 1-888-488-8536
OR

dailysrewards@cstoresupport.com 

Last modified: June 24, 2025