TERMS AND CONDITIONS AGREEMENT
The use of this OrderOil.com Web site (the "Web site") is offered to you, the consumer, conditioned on your acceptance without modification of the terms, conditions, and agreements contained in this Agreement (“Agreement”). Your use of this Web site constitutes your agreement to and acceptance of all such terms, conditions, and agreements, and to this Agreement as a whole; and you agree that such acceptance of this Agreement is intended by you as the legal equivalent of a signed written document. You represent that you have the legal authority and ability to make purchases of heating oil through this Web site, and to undertake binding contracts. You further represent and warrant that the information you provide in your profile and service requests is both accurate and complete; and that you are the lawful credit card holder of any credit card for which you have provided information to OrderOil or affiliated Dealers, and which is used to make payment for any products or services ordered through this Web site.
1. PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and noncommercial use. The content and information on this Web site (including, without limitation, price and availability of heating oil), as well as the infrastructure used to provide such content and information, is proprietary to Tiger Payment Solutions, LLC DBA OrderOil (“OrderOil”) or the independent heating oil suppliers/dealers listed on this Web site (the “dealers”). Accordingly, as a condition of your using this Web site, you agree not to use this Web site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your OrderOil account information (and related documents) for heating oil purchased through this Web site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Web site. In addition, you agree not to:
(i) access, monitor or copy any content or information of this Web site using
any robot, spider, scraper or other automated means or any manual process
for any purpose without express written permission of OrderOil;
(ii) violate the restrictions in any robot exclusion headers on this Web site
or bypass or circumvent other measures employed to prevent or limit
access to this Web site;
(iii) take any action that imposes, or may impose, in the discretion of
OrderOil, an unreasonable or disproportionately large load on the
OrderOil infrastructure; or
(iv) deep-link to any portion of this Web site (including, without limitation,
the purchase path for any heating oil or equipment) for any purpose
without express written permission of OrderOil.
2. INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT AND TRADEMARK NOTICES
This Web site and its content are the exclusive property of Tiger Payment Solutions, LLC DBA OrderOil, and nothing in this Web site or this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All software used on this site is the exclusive property of OrderOil or its software suppliers. This Web site, and all content and software are protected by contract law, and by United States and international intellectual property laws, including copyright laws. Except as permitted in this Agreement, you may not copy, adapt, distribute or publicly display this Web site or any portion thereof in any manner whatsoever. You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of this Web site. The OrderOil and OrderOil.com logos, and all other logos used in connection with this Web site are registered trademarks of OrderOil and may not be used without its express written permission. Other product and company names mentioned herein may be the trademarks of their respective owners.
3. ORDEROIL IS ONLY A VENUE; DISCLAIMER OF LIABILITY
ORDEROIL ACTS SOLELY AS A VENUE FOR YOU, OUR CUSTOMERS, AND THE SUPPLIERS/DEALERS OF HEATING OIL AND SERVICES WHO HAVE LISTINGS ON OUR WEB SITE. OUR BUSINESS IS TO PROVIDE CONSUMERS WITH INFORMATION TO MAKE INFORMED CHOICES IN THE SELECTION OF COMPANIES TO SERVICE THEIR HEATING OIL NEEDS, TO ENCOURAGE AND TO PROVIDE AN EASY AND EFFICIENT WAY TO PROCESS ORDERS AND PAYMENTS FOR HEATING OIL. THE ACTUAL TRANSACTIONS OCCUR BETWEEN CONSUMERS AND DEALERS THEMSELVES. ORDEROIL DOES NOT TAKE POSSESSION OF OR TITLE TO, AND DOES NOT SELL, THE HEATING OIL SOLD AND DELIVERED TO YOU BY THE INDEPENDENT DEALERS/SUPPLIERS.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, ORDEROIL DOES NOT WARRANTY OR GUARANTEE THE ACCURACY OF, AND EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTIONS OF THE DEALERS, PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE, ALL OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE DEALERS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ORDEROIL, AND/OR ITS DEALER MEMBERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
ORDEROIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, PRODUCTS, DEALERS AND SERVICES CONTAINED ON THIS WEB SITE OR ORDERED THROUGH IT. SPECIFICALLY, ORDEROIL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR ORDERED THROUGH THIS WEB SITE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY ORDEROIL. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY BY ORDEROIL OF ANY KIND.
THE DEALERS LISTED ON THIS WEBSITE, AND SELLING HEATING OIL AND SERVICES, ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS, EMPLOYEES OR PARTNERS OF ORDEROIL. ORDEROIL IS NOT LIABLE, AND YOU EXPRESSLY AGREE THAT ORDEROIL IS NOT LIABLE, FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH DEALERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES, COSTS OR EXPENSES RESULTING THEREFROM, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING FROM ANY FAILURE OR INABILITY TO MAKE A DELIVERY OR ANY ENVIRONMENTAL DAMAGES OR CLEAN UP COSTS ARISING FROM ANY OIL LEAKS, SPILLS OR RELEASES, WHETHER CAUSED BY A LEAK IN A TANK OR OIL LINE, A TANK OVERFILL, OR OTHERWISE.
IN NO EVENT SHALL ORDEROIL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF ORDEROIL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend and indemnify ORDEROIL and its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by
(i) you or on your behalf in violation of the Disclaimer of Liability
contained in paragraph 3 above; or
(ii) by third parties as a result of
(a) your breach of this Agreement, or any documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Web site.
5. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by this Agreement, or by the terms and conditions, herein.
6. LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than OrderOil. Such hyperlinks are provided for your reference only. OrderOil does not control such Web sites and is not responsible for their contents or your use of them. OrderOil’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
7. MODIFICATION OF THESE TERMS AND CONDITIONS
OrderOil reserves the right to modify, amend or change the terms, conditions, and notices under which this Web site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of OrderOil’s Web site and facilities.
8. FEES AND PAYMENTS
In consideration of your use of this Web site as a member, your dealer shall bill you and you shall pay your dealer directly any and all amounts owed for heating oil delivered to you by a dealer hereunder (including charges for "out of route" or "prime" charges that may apply). Dealers bill customers directly. If a customer wishes to dispute a payment, then they should contact the Dealer directly or their card issuing bank. OrderOil shall not serve as a mediator for any reason, financial or otherwise.
9. PASSWORD DISCLOSURE
If, at any time you learn or suspect that your password has been disclosed or otherwise made known to any period other than yourself, you agree to immediately notify OrderOil by electronic mail sent to email@example.com, and in either case to confirm such notice in writing sent to OrderOil at P.O. Box 9101, Cambridge, MA 02140 within seventy-two (72) hours. Upon receiving such notice, Order Oil will assign a new password to you within a reasonable period of time. Repeated reissuance and reactivation of such passwords may be subject to an assessment of service charges for these services.
10. DELAYS IN SERVICES
Orderoil shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions in service due to electronic or mechanical equipment failures, telephone interconnect problems, computer viruses, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. OrderOil shall have no responsibility to provide you access to the OrderOil Web site while interruption of the Web site due to any such cause shall continue.
This Agreement and your account with OrderOil, shall remain in full force and effect unless terminated or canceled in the following manner for any of the following reasons:
(a) upon thirty (30) days written notice (including notice by electronic mail)
by OrderOil of its intent or terminate this Agreement;
(b) immediately by OrderOil for any unauthorized or unlawful access or use by
you or other breach or default by you of any other term or condition of
this Agreement, and OrderOil reserves the right to refuse service, cancel
orders and terminate accounts in such event.
Termination or cancellation of this Agreement shall not affect any right or relief to which OrderOil may be entitled, at law or in equity. OrderOil reserves the right to change this agreement from time to time.
12. NO CONFLICTING TERMS.
If there is any conflict between this Agreement and your purchase order, or other documents, this Agreement shall govern, whether such order or other document is prior to or subsequent to this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of OrderOil.
Additionally, your dealer may have its own terms and conditions, and/or agreement, that governs your relationship with the dealer. Those terms and conditions, and/or agreement, do not apply to the relationship between OrderOil and you.
13. ATTORNEY’S FEES.
If OrderOil takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, OrderOil shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
This agreement is governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Middlesex County, Massachusetts, USA, in all disputes arising out of or relating to the use of this Web site, and all claims and causes of action arising from or relating to your use of this Web site may only be brought in such courts. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OrderOil as a result of this agreement or use of this Web site.
OrderOil’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OrderOil’s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by OrderOil with respect to such use.
To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the OrderOil Web site must be instituted within one (1) year from the date upon which such claim or cause arose or was accrued.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and OrderOil with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and OrderOil with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted by OrderOil herein are reserved.