CROSBY’S FLEET CARD AGREEMENT

This Agreement explains the terms that both You and we agree to follow for Your Crosby’s Fleet Program Card and Your Fleet Program Card Account (as each are defined below). By signing Your Card Application (including by Your electronic or digital signature), You are agreeing to the terms of this Agreement, including authorizing the use of electronic funds transfers as further described in this Agreement. Please read this Agreement thoroughly before You sign or use the Card. Every time that You or an Authorized User use Your Card You will be agreeing to all the terms and conditions in this Agreement. If Your Card is issued pursuant to a joint application with multiple persons signing the Card Application, each of You is bound by this Agreement, and each of You jointly and severally promises to pay all obligations under this Agreement. If You are an Authorized User on a commercial account, You agree and certify with each use of the Card that the charge is authorized by Your employer or principal and is made within the scope of Your employment or engagement.  If You agree to be bound by this Agreement, You do not need to notify Us. This Agreement will become effective upon the earlier of the first use of the Card or Your Account (please sign the Card before using it), or to the extent not prohibited by law, 15 days after we approve Your application and mail You the Card if You do not cut the Card in half and return it to Us. If You do not wish to be bound by this Agreement, do not sign, use, or allow anyone else to use the Card or Account; immediately cut the Card in half and destroy it or return it to Us; and notify Us so that we may void Your application.

DEFINITIONS: “Fleet Program Card Account” or “Account” refers to the account governed by this Agreement which we use to administer Your use of the Card. “Business Owner Portal” refers to an online webpage to manage Your Card(s). “Card Application” refers to the application for the Crosby’s Fleet Program account. “Fleet Program Card” or “Card” refers to the one or more debit Cards issued by Us under this Agreement, including any renewal or replacement Cards. “Outstanding Balance” refers to the entire balance owing on Your Fleet Program Card Account. “We,” “Us,” and “Our” refer to, as applicable, Reid Petroleum Corp. and Reid Stores, Inc., acting directly or through Our authorized agents. “You” and “Your” refer to the one or more individuals who have signed the Fleet Program Card Application or are otherwise authorized by You (“Authorized Users”) to use the Card(s) (including the primary applicant and any co-applicant(s) and any one to which You voluntarily provide access to Your card). “Business Days” are Monday through Friday. Holidays are not included.

YOUR FLEET PROGRAM CARD ACCOUNT:

Use of Your Fleet Program Card. You may only use Your Card to make purchases of petroleum at locations operated by Reid Stores, Inc. d/b/a Crosby’s (“Crosby’s”) located in the United States. You cannot use Your Card at an automated teller machine (“ATM”), at any other retail store or website, or outside the United States. You cannot use Your Card to make a payment on any credit card account. Your Card cannot be used as a method to receive cash back from any transaction at our registers. You agree to safeguard Your Card to prevent unauthorized use.

Authorization to Make Electronic Funds Transfers. By using Your Card, You authorize Us to initiate an electronic funds transfer (“EFT”) for the full amount of the transaction and any related sales taxes and/or fees from Your deposit account (“Deposit Account”) at a financial institution that You designated in Your Card Application or that You subsequently designate to Us through the Business Owner Portal. In addition, You authorize Us to employ third-party service providers as necessary to process and complete each transaction. By designating Your financial institution in Your Card Application, You represent and warrant to Us that (i) You are an account holder or authorized user on the designated Deposit Account and that You are authorized to make EFTs to and from Your Deposit Account, and (ii) Your Deposit Account is maintained with a federal or state-chartered bank, savings bank or credit union located in the United States (a “Depository”). You hereby authorize and agree to pay for all EFTs initiated as a result of use of the Card by You or any Authorized Users. Your Card is issued by Reid Petroleum Corp., and it is not issued by Your Depository. The terms, benefits, or protections associated with Your Card may be different from those that may apply to a debit card issued by Your Depository. For example, if You use Your Card to make a purchase that exceeds the available balance in Your Deposit Account, Your Deposit Account may become overdrawn even if You elected not to permit overdrafts with respect to a debit card issued by Your Depository, and You may incur resulting overdraft fees with Your Depository. Also, the liability limits applicable to Your Card may vary from those applicable to a debit card issued by Your Depository. You agree that You will not use Your Card to make purchases for amounts more than the available funds in Your Deposit Account, as determined by the funds availability rules of Your Depository as of the date the Depository processes the EFT. Your authorization to make EFTs will remain in effect until You terminate such authorization in accordance with this Agreement and applicable law. You may revoke Your authorization and close Your Account by calling Us at 800-348-8400 or notifying Us in a writing that is mailed to Reid Petroleum Corp. at 100 West Genesee Street, Lockport, New York 14094 or by email at [email protected].

Unpaid EFTs. Your Depository may return as unpaid any EFT if, for example, Your Deposit Account is closed, Your Deposit Account does not at the time the transaction is processed have sufficient available funds to cover the full amount of the EFT, or for other reasons. We may resubmit an EFT one or more times if the Depository has not sent funds equal to the total previously requested EFT amount.  Additionally, if we issue a credit to Your Deposit Account due to a suspected error and we later determine that there was no error, we may deem such EFT as unpaid. In the event an EFT is returned, dishonored, or deemed unpaid, the funds owed to Us will become immediately due and payable by You to Us. You agree to pay to Us, in lawful currency of the United States, the full amount of the unpaid EFT, any applicable returned payment and collection fees (as described below in the section entitled “Returned Payment Fee”). You also agree that we may suspend the use of Your Card until we receive payment in full of all amounts due and payable to Us, or we may cancel Your Card. 

Fleet Program Card Limits. Each Card will be limited by a daily limit set by Reid Petroleum Corp. in its sole discretion (“Limit”). At this time the Limit per Card is $175, unless a greater Limit has been authorized in writing by Reid Petroleum Corp. Any request to raise the Limit must be made in writing to Reid Petroleum Corp., at 100 West Genesee Street, Lockport, New York 14094, and is subject to Reid Petroleum Corp.’s approval in its sole discretion. For security and fraud prevention purposes, we may impose a Limit on the number of times that You may use Your Card daily and/or the aggregate amount of purchases that You may make daily with Your Card. You agree that the aggregate dollar amount limitation on Your Card may be less than the amount of available funds in Your Deposit Account, and that we may change such dollar amount and transaction limits from time to time in our sole discretion without any notice to You.

Prior Authorization. We may condition a transaction on our prior authorization, and You may be asked to provide identification. If our authorization system is not working, we may not be able to authorize a transaction. We will not be liable to You if any of these events happen or for any failure to authorize a transaction. We are also not responsible for any refusal to accept Your Card.

Signature Panel. For Your protection, the back of the Card contains a signature panel. We reserve the right to refuse to honor unsigned Cards.

Security ID. In this Agreement, “Security ID” refers to the Security ID number associated with Your Card to authorize a purchase using the Card. The Security ID number assigned to Your Card is for Your protection. You must present Your Card and enter Your Security ID number if You wish to use Your Card to pay for goods or services at Crosby’s retail locations. You agree that You understand the nature and importance of Your Security ID number and You will safeguard it to prevent unauthorized use.

Expiration. The Card will not be valid after the expiration date printed on the front of the Card, and it must be destroyed and not used after that date.

Renewal and Replacement Cards. By entering this Agreement, You are requesting, subject to Your right to close Your Account (as explained in the section below entitled “Closing Your Fleet Program Card Account”), that we may continue to issue a renewal or replacement Card before each current Card expires. We will continue to issue renewal or replacement Fleet Program Cards until we revoke Your right to use the Card or until Your Account is closed.

Additional Cards. You may request additional Fleet Program Cards at no additional cost for Authorized Users. You are responsible for each additional Card as explained in the following section. By requesting addition Cards You agree to pay all costs associated with those Cards.

RESTRICTIONS ON AND LIABILITY FOR USE OF FLEET PROGRAM CARD:

In addition to the Limit, Your use of any Cards will be limited by the amount of funds in Your Deposit Account and any available overdraft line of credit that You may have in connection with Your Deposit Account (if applicable), as of the date the Depository receives and processes an EFT.

You agree that You will be responsible for all charges to Your Account made by You or Authorized Users.

YOUR LIABILITY FOR UNAUTHORIZED USE: If You disclose Your Security ID number to any person(s), You assume all risks and losses for transactions made with such disclosure. If the Card is lost or stolen, or if You think that someone may have used Your Card or Account without Your permission, You agree to notify Us immediately by calling 800-348-8400. After You have notified Us, if the Card that You thought was lost or stolen is subsequently found or returned, do not attempt to use Your Card; cut it in half and destroy it or return it to Us immediately. You will not be liable for unauthorized use of Your Account that occurs after You notify Us of the loss, theft, or possible unauthorized use. In any case, Your liability will not exceed $50 for unauthorized charges incurred prior to notification if You notify Us within two business days after You learn Your Card has been lost or stolen. If You do not tell Us within two business days after You learn Your Card has been lost or stolen, and we can prove we would have stopped someone from using Your Card without Your permission if You had told Us, You could lose up to as much as $350. Finally, if Your account statement from Your Depository shows unauthorized transactions from Your Account, You must notify Us immediately. If You do not notify Us within 60 days after the statement mail date, You may be liable for the full amount of unauthorized transactions that occur after the close of the 60 days provided that we can establish the fact that we would have stopped Your Card from being used without Your permission had You made Us aware during the 60-day period. You agree to assist Us in determining the facts relating to any loss, theft, or unauthorized use of Your Card or Account and to comply with the procedures that we may require for our investigation.

STATEMENTS: We will send You an electronic statement each Statement Period that Your Account had activity (“Statement”). Your “Statement Period” will generally cover the prior month’s transactions, and any rebates will be processed on or about the second day of each month. You agree to receive Your Statement online; Your Statement will not come in the mail. Your Statement will summarize each transaction on Your Account during the preceding Statement Period. Please examine Your statement carefully when You receive it. Preservation of Your rights under federal law regarding resolution of billing errors depends upon Your timely recognition of potential errors.

ERROR RESOLUTION NOTICE: In case of errors or if You think Your statement or a receipt is wrong, if You need more information about a transfer listed on the statement or receipt, or You have questions regarding Your Account, telephone Us at 800-348-8400, write Us at 100 West Genesee Street, Lockport, New York 14094, or email Us at [email protected] as soon as You can. We must hear from You no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

(1) Tell Us Your name and account number (if any).

(2) Describe the error or the transfer You are unsure about and explain as clearly as You can why You believe it is an error or why You need more information.

(3) Tell Us the dollar amount of the suspected error.

If You tell Us orally, we may require that You send Us Your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from You and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate Your complaint or question. If we decide to do this, we will credit Your account within 10 business days for the amount You think is in error, so that You will have the use of the money during the time it takes Us to complete our investigation. If we ask You to put Your complaint or question in writing and we do not receive it within 10 business days, we may not credit Your account.

For errors involving new accounts or point-of-sale transactions, we may take up to 90 days to investigate Your complaint or question. For new accounts, we may take up to 20 business days to credit Your account for the amount You think is in error.

We will tell You the results within three business days after completing our investigation. If we decide that there was no error, we will send You a written explanation. You may ask for copies of the documents that we used in our investigation.

NO ANNUAL FEE: No Annual Fee is charged for Your Account.

RETURNED PAYMENT FEE: If Your Depository returns or dishonors an EFT for any reason, You agree to pay Us a reasonable returned payment fee of up to $20.00 (or to the maximum amount permitted by applicable law) (“Returned Payment Fee”). You authorize Us to initiate an electronic fund transfer for such Returned Payment Fee from Your Deposit Account automatically, after we receive notice of an unpaid or dishonored EFT. You agree to pay the Returned Payment Fee if any check or other instrument given as payment to Us for the amounts You owe in connection with Your Card is not honored by Your Depository.

DEFAULT AND REMEDIES: You will be in default under this Agreement if You violate any terms of this Agreement, including, without limitation, if an EFT is returned unpaid or dishonored, if You become the subject of bankruptcy or insolvency proceedings, or if You fail to honor any other covenant or obligation under this Agreement which materially impairs Your ability to pay amounts due under this Agreement. At any time after this Agreement is in default or upon Your death (for individuals) or dissolution (for corporate entities), we may, in our sole discretion, terminate Your Account or suspend Your Card privileges (in which case, the terms of this Agreement will continue in effect until we have been paid in full), reduce Your Card limit, and bring a legal action against You to collect the money owing to Us, terminate Your eligibility for My Crosby’s Rewards or other Crosby’s rewards programs as may apply, or take any other action permitted by applicable law.

To the maximum extent permissible under applicable law You agree to pay Us reasonable attorney’s fees and all costs and expenses of collection that we incur, including the payment processing costs for payments.

COMMUNICATIONS: You consent to be contacted by Crosby’s or an affiliated third party of Crosby’s regarding Your Account, including any outstanding debt relating to use of the Account. You agree and consent to receive SMS text messages, and emails from Reid Petroleum Corp., and its affiliates and agents, at the telephone number and email address that You provided. These communications may be sent using an automatic telephone dialing system and may include prerecorded messages or artificial voice messages. Message and data rates may apply. You understand that providing Your consent is not a condition of purchasing products of services from Reid Petroleum Corp. You may revoke Your consent or opt-out at any time by contacting Us at 800-348-8400 or by emailing Us at [email protected], and/or replying ‘STOP’ for text messages, or by following the opt-out instructions provided in any message You receive. You agree that we may listen to and record phone conversations that You have with Us for training purposes or to evaluate the quality of service. Please review our Privacy Policy, as provided under our Privacy section herein.   

My Crosby’s Rewards Program:

See the My Crosby’s Rewards Program Terms and Conditions for program and benefit structure.

IF YOU CHANGE YOUR NAME AND ADDRESS: You agree to promptly notify Us, either by calling 800-348-8400, writing Us at 100 West Genesee Street, Lockport, New York 14094, or emailing Us at [email protected], if You change Your name or mailing address.

CLOSING YOUR FLEET PROGRAM ACCOUNT: You may close Your Account at any time by calling Us at 800-348-8400 or sending Us a written request to Reid Petroleum Corp., 100 West Genesee Street, Lockport, New York 14094 or by email to [email protected]. When Your Account is closed or account privileges are suspended (whether by You or by Us), Your right to use the Card and/or to make changes to the Account will automatically be terminated; however, all other provisions of this Agreement shall remain in full force and effect until the outstanding balance and any other charges provided for in this Agreement or applicable law are paid in full.

EVIDENCE: You agree that we may use a copy, electronic copy, or any other digital image of any periodic statement or other document to prove what You owe Us and that such item will have the same validity as the original statement.

PRIVACY. Please refer to our Privacy Policy for information on how we use and collect information on our website, mobile app, and other means. This information can be found at: www.crosbysstores.com/my-crosbys-rewards/privacy-terms. These terms are incorporated into this Agreement by this reference and may change from time to time.

INTERPRETATION, EFFECT AND AMENDMENT OF THIS AGREEMENT:

Duration. Except for Your right to use the Card and to make charges to Your Account (which right expires when Your Account privileges are suspended or Your Account is closed), all other provisions of this Agreement shall remain in full force and effect until Your Account is closed and the outstanding balance and any other charges provided for in this Agreement or applicable law are paid in full.

Headings. The headings used in this Agreement are for convenience only and shall have no bearing on the interpretation of this Agreement.

Severability. The provisions of this Agreement are severable to the extent that any provision hereof held to be prohibited or unenforceable in any jurisdiction shall not invalidate the remainder of this Agreement in the jurisdiction and shall be fully enforceable in any other jurisdiction not expressly prohibiting such provisions.

Entire Agreement. You agree that this Agreement (as amended and supplemented by Us from time to time) constitutes the final expression of the Agreement between You and Us and that this Agreement may not be contradicted by any evidence of any prior or contemporaneous or subsequent oral agreement between a representative of ours and You.

No Waiver: Delay In Enforcement. We may exercise our rights under this Agreement immediately, or at our sole discretion, may waive delay in enforcing or decline to enforce any such rights without losing, waiving, or impairing them. Even if we do not enforce our rights or remedies at any one time, we may enforce them later.

Assignment and Binding Effect. You may not sell, assign, or transfer this Agreement or Your Account or any portion thereof without the express prior written consent of Us. We may sell, assign, or transfer this Agreement or Your Account or any portion thereof. Subject to the foregoing, this Agreement shall be binding, as applicable, upon the heirs, representatives, successors and assigns of the parties hereto.

Amendment. You agree that we may from time to time change the terms of this Agreement, to the extent and in the manner provided by applicable law. We will provide You with notice of any such changes as required by applicable law; You agree to receive any such notice at the email address You provided in Your Card Application (or any such other email address which You provide from time to time) and You agree to immediately update Us of any change in email address by calling 800-348-8400, writing Us at 100 West Genesee Street, Lockport, New York 14094, or emailing Us at [email protected]. Additionally, You agree that notice of such change may be accomplished by our posting revisions to the terms and conditions at www.crosbysfleet.com/terms-conditions.  

Conflict Between This Agreement and Other Documents. With regard to the interpretation and enforcement of this Agreement and the use of Your Card(s), in the event of any conflict between this Agreement (which shall include any amendments by Us) and any other document relating to any transaction with Reid Petroleum Corp. this Agreement will govern.

IF YOU NEED FURTHER INFORMATION: If You have a question about this Agreement, or If You want further information, You may call Us at 800-348-8400.

WHAT LAW APPLIES: This agreement and the rights of the parties hereunder will be governed by, interpreted, and enforced in accordance with the laws of New York.

Rev. 12/2024

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