Loyalty Terms of Use

These Terms of Use (“Terms”) govern your access to, and use of, the websites (each, a “Site” or “Website”), mobile applications, the mobile text program, third party messaging platforms, and online services or programs (collectively, the “Services”) operated by or on behalf of Penn Station, Inc. (“Penn Station”) and on which these Terms appear. These Terms are a legal and binding agreement between you and Penn Station. Your use of the Services indicates your acceptance of these terms. Do not use the Services if you do not agree to be bound by these Terms.

Penn Station strives to ensure that the information contained on the Services is accurate and reliable. However, despite Penn Station and the Services’ best efforts, errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to the applicable law, Penn Station makes no representations about the reliability of the features of the Services, the Penn Station Content (defined below), Submitted Content (defined below), or any other Service feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Penn Station is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Penn Station, and Penn Station does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by Penn Station prior to posting and Penn Station makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Penn Station makes no representations regarding the amount of time that any Penn Station Content or Submitted Content will be preserved.

The Services are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Penn Station hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Penn Station disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein.

In no event shall Penn Station or any of Penn Station’s Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the Services, even if Penn Station has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.

ELIGIBILITY

Creating a Penn Station account is open to legal residents of the United States of America who are 13 years of age or older. Penn Station accounts are intended for personal use only. Commercial use is prohibited. Penn Station accounts are not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may create a Penn Station account only with the permission and under the supervision of a parent or legal guardian who has read these Terms with you and agrees to be bound by them directly and on your behalf if you are between the ages of 13 and 18. Penn Station and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you have already paid for any cancelled order, you will be reimbursed.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Penn Station, its affiliates, its providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Services and/or materials, programs, and features made available therein.

COMMUNICATING WITH PENN STATION

The Services may give you the ability to contact Penn Station by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about Penn Station’s products or to register for a particular sweepstakes or contest. The information that you provide to Penn Station through the Services is governed by Penn Station’s Privacy Policy.

PENN STATION PROPERTY

The Services contain trademarks owned and used by Penn Station. These trademarks are used to distinguish Penn Station’s quality products and services. The text, graphics, and html code contained on this Website and throughout the Services are the exclusive property of Penn Station (“Penn Station Content”). Penn Station Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, may not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of Penn Station.

USER-SUBMITTED CONTENT

Certain areas of the Services may enable you to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). If so enabled, you acknowledge that you are responsible for whatever material you submit, and you, not Penn Station, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you understand, acknowledge, and agree that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary, and such Submitted Content will forever be the property of Penn Station and Penn Station is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.

ONLINE PURCHASES

To purchase food products, merchandise, or other items through the Services, you must provide valid payment card and billing information. Such information will be collected by Penn Station or on its behalf by certain Providers. Your information will be collected and used in accordance with Penn Station’s Privacy Policy. When you purchase items through the Services, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Services, you represent and warrant to Penn Station that you are capable of entering into a contract under applicable law.

WEBSITE ACCESS

Penn Station hereby grants you permission to use the Services as set forth in these Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without Penn Station’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with these Terms.

To access some features of the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Penn Station will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Penn Station or others due to such unauthorized use.

HYPERLINKS

The Services may link to sites not maintained by or related to Penn Station. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with Penn Station or the Services. Penn Station has not necessarily reviewed the sites hyperlinked to or from the Services and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Penn Station makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from the Services. Furthermore, Penn Station does not implicitly endorse third-party sites hyperlinked to or from this Website.

TEXT MESSAGING NOTICE

If you choose to participate in any Penn Station promotion that may involve the use of text (SMS) messaging (either sending or receiving), Penn Station will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).

MOBILE TERMS & CONDITIONS
MOBILE ALERTS

1. You must be 13 years of age or older to participate in the Penn Station mobile text program.
2. By participating in the Penn Station mobile text program and signing up for mobile offers and text updates, you consent to receive future recurring automated marketing text messages to the mobile number provided from or on behalf of Penn Station. You also acknowledge that your agreement to receive these messages is not required as a condition of purchase.
3. Message and data rates may apply. All charges are billed by and payable to your mobile service provider. Penn Station does not charge you for sending or receiving text messages to +15138484288.
4. If you would like to be removed from the Penn Station mobile text program, you can text STOP to +15138484288 to opt-out. After texting STOP to +15138484288 you will receive one additional message confirming that your request has been processed.
5. Penn Station reserves the right to remove subscribers from our messaging database at our discretion. For more information, reply “HELP” to +15138484288 or contact us here.
6. If you change or deactivate your mobile number, it is your responsibility to notify Penn Station here to have your number removed.
7. Penn Station will not be liable for any delays in the receipt of any SMS messages or undelivered messages. T-Mobile policies require that we specify that T-Mobile, also, will not be liable for any delays in the receipt of any SMS messages or undelivered messages.
8. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, the date, time and content of your messages, and other information you provide to us as part of this service. We may use this information to contact you and to provide the services you request from us.
9. These Mobile Terms & Conditions are subject to change at any time without notice.

VIOLATION OF THESE TERMS AND REMEDIES

You agree that Penn Station may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if Penn Station determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice and will cause irreparable and unquantifiable harm to Penn Station. You also agree that monetary damages would be difficult to ascertain and would be inadequate for such harm and consent to Penn Station obtaining any injunctive or equitable relief that Penn Station deems necessary or appropriate. These remedies are in addition to any other remedies that Penn Station may have at law or in equity.

If Penn Station takes legal action against you as a result of your violation of these Terms, Penn Station will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Penn Station. You agree that Penn Station will not be liable to you or to any third party for termination of your access to the Services, mobile app, programs, and/or services as a result of any violation of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or Penn Station in connection with your use of the Services or your Submitted Content, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to the conflict of laws rules thereof.

DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER

You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of these Terms will be resolved in accordance with the provisions set forth in this Dispute Resolution section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.

You agree that whenever you have a disagreement with Penn Station arising out of, connected to, or in any way related to these Terms, you will send a written notice to Penn Station (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”): Penn Station, Inc., 1226 US Highway 50, Milford, OH 45150, Attn: Legal Department. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and Penn Station to litigate claims in court and you and Penn Station each agree to waive your respective rights to a jury trial or a state or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. You agree that you will not file any lawsuit against Penn Station in any state or federal court. You agree that if you do sue in state or federal court, and Penn Station brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Penn Station in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Penn Station. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.

You agree that you will not file a class action or collective action against Penn Station, and that you will not participate in a class action or collective action against Penn Station. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you or Penn Station agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Penn Station agrees that it will submit all disputes with you to arbitration before the Arbitrator.

MISCELLANEOUS

These Terms constitute the entire agreement between you and Penn Station and govern your use of the Services and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Penn Station with respect to the Services. Both you and Penn Station acknowledge and agree that no partnership is formed and neither you nor Penn Station has the power or the authority to obligate or bind the other. The failure of Penn Station to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the invalid or unenforceable provision, and the other provisions of these Terms shall remain in full force and effect.

The failure of Penn Station to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Penn Station shall not be deemed a breach of this agreement. If Penn Station fails to act with respect to your breach or anyone else’s breach on any occasion, Penn Station is not waiving its right to act with respect to future or similar breaches.

The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

BINDING AGREEMENT

These Terms constitute a binding agreement between you and Penn Station, and are accepted by you upon your use of the Services. This agreement constitutes the entire agreement between you and Penn Station regarding the use of the Services and the features therein and supersedes and replaces any prior agreements between you and Penn Station regarding the use of the Services. By using the Services, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

Last Updated: 04/01/2025