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Last Updated: February 28, 2024
IMPORTANT NOTICE TO USER: PLEASE READ CAREFULLY BEFORE CONTINUING TO REGISTER FOR AN ACCOUNT/MEMBERSHIP OR USING THE WEBSITE.
1. LEGAL
These Terms and Conditions of Use (these “Terms and Conditions”) constitute a legally binding agreement made between you (“user” or “you” or “member”) and duPont Registry Group LLC, a Florida limited liability company and its affiliated companies, as operators of the https://www.petrolicious.com/ website (collectively, “Petrolicious” or “we” or “us” or “our”), concerning your access to and use of the https://www.petrolicious.com/ website or any other media form, media channel, mobile website, mobile application, and blogs related or connected thereto (collectively, the “Website”), and the performance of any Petrolicious.com services
By accessing or using the Website, signing up for or maintaining a Petrolicious.com account membership (a “Membership”), ordering, receiving, or using any products or services (including a Membership) offered by Petrolicious through the Website (collectively the “Products and Services”) or by checking the appropriate box that you agree, you agree to follow and to be bound by these Terms and Conditions and all of the terms incorporated herein by reference, including without limitation our Privacy Policy. You are additionally indicating that you have read this agreement, that you understand it, that you consent to be bound by it, and that you have read our Privacy Policy. If you do not agree to these Terms and Conditions, you may not access or use the Website, sign up for a Membership, or order, receive, or use the Products and Services.
Petrolicious reserves the right to change or modify these Terms and Conditions from time to time at its sole discretion. If we make changes to these Terms and Conditions, we will provide you with notice of such changes through the Website or by updating the “Last Updated” date at the end of these Terms and Conditions.
By continuing to access or use the Website or your Membership, or order, receive, or use the Products and Services, you confirm your acceptance of the revised Terms and Conditions and all of the terms incorporated therein by reference. We encourage you to review the Terms and Conditions frequently to ensure that you understand the terms and conditions that apply when you access or use the Website or your Membership, and when you order, receive and/or use the Products and Services. If you do not agree to the revised Terms and Conditions, you may not access or use the Website or your Membership or order, receive, or use the Products and Services.
2. REGISTRATION, MEMBERSHIP, AND COMMUNICATIONS
To access and use the Website and the Products and Services, you will need to register for a Membership. Membership commences once you have indicated your acceptance during the web sign up process. By creating an account and registering for a Membership, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Website or your Membership on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your Membership. After completing the registration process, we may ask you to choose a username and password, and you are also responsible for maintaining the confidentiality of your password, and for all activities that occur under your Membership. You agree to notify us immediately of any unauthorized use of your Membership and agree that we are not liable for any loss that you may incur as a result of someone else using your password or Membership. You further understand and agree that Petrolicious.com may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination, or suspension of your Membership.
By purchasing a Membership, you also consent to receive electronic communications from Petrolicious, including through email, text messaging, or by posting notices to the Website. These communications may include notices about your Membership, such as subscription period lapse and other transactional information. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of all electronic communications you receive from us. We may also send you promotional communications by email or text messaging that we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in such email or text message. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt out, you may continue to receive messages for a short period of time while Petrolicious processes your request. It is your responsibility to keep your account information updated.
Founding Memberships have been discontinued. If you currently have a Founding Membership, you will be able to use our services at no additional cost until December 31, 2026. All new Memberships purchased after January 1, 2027 will be Standard Memberships, available at the current fee listed on the Website. Standard Memberships provide access to premium content, participation in promotions, and discount schemes offered by Petrolicious or its partners.
3. PAYMENT, REFUNDS AND CANCELLATIONS
Maintaining a Membership will require you to make payment of the corresponding fees. Payments of membership fees you make are final and non-refundable, unless otherwise described in the Refund Policy below or determined by Petrolicious. You authorize Petrolicious to submit (through its payment processor) the charges for the subscription you select using the payment method you specify at the time of purchase. Petrolicious may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. Your service will automatically be renewed at the end of the relevant Membership period (typically annually), and your chosen payment method will be charged at the end of each service period, unless you decide to cancel your automatic payments for the Membership before the end of the then-current subscription. All prices, including recurring subscription fees, are subject to change. You will receive notification advising you of the automatic renewal of your Membership and the applicable membership fee no later than thirty (30) days before the renewal date of your Membership.
Petrolicious reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all Products and Services, including Memberships, obtained through the use of the Website at any time. Petrolicious may also, in its sole discretion, make promotional offers with different features and different rates to any or all of our customers. Unless made to you, these promotional offers will have no bearing on your obligation to pay the amounts charged.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
You have a legal right to cancel your Membership for any reason, provided that notice of such cancellation is provided to Petrolicious within fourteen (14) days of the purchase of the Membership. To exercise your right to cancel, please notify us by emailing info@petrolicious.com (clearly stating the Membership you wish to cancel). If notice of cancellation is received within fourteen (14) days of purchase, you will be entitled to receive a full refund of the applicable membership fees.
Any cancellation of a Membership after the fourteen (14) day period will not give right to a full refund, provided that Petrolicious in its sole discretion may grant a pro-rated refund for the remainder of the Membership period. Pro-rated refunds will be determined on a case by case basis.
In the event that Petrolicious makes any material changes resulting in a reduction of membership benefits or terms, you are entitled to cancel your Membership within twenty-one (21) days of Petrolicious notifying you of the material changes, and to obtain a pro-rated refund of the membership fee. You have no right to a refund of your membership fee except for (i) the legal right to cancel within fourteen (14) days of purchase and (ii) where Petrolicious makes a material change that results in the reduction of your Membership benefits.
4. FORWARD-LOOKING STATEMENTS
Petrolicious press releases, presentations, and printed remarks and materials are included on the Website for historical purposes only. The information contained in these documents should be considered accurate only as of the date stated in the relevant document. This information may change over time; therefore, visitors to the Website should not assume that the information contained in these documents remains accurate at a later date. We do not have any current intention, and expressly disclaim any obligation, to supplement, update, or revise any of the information in these documents. The Website may contain information considered to be forward-looking and reflects management’s current expectations. These forward-looking statements may be identified by terminology such as may, will, could, should, and expect, and the negative of these terms or other similar expressions. We remind you that these statements involve known and unknown risks, uncertainties, and other factors that may cause our actual results, performance, or achievements to be materially different from any future results, performance, or achievements expressed or implied by the forward-looking statements. Such factors include, among others: our limited operating history and variability of operating results; our ability to identify and retain key customers; our ability to anticipate consumers’ desires and design new services that incorporate feature sets that are attractive to our customers; our ability to manage and maintain our affiliates; our dependence on key employees; changes in laws and regulations; risks associated with general economic uncertainty; and other risk factors. You should not place undue reliance on these forward-looking statements.
5. USER CONTENT LIMITED LICENSE; NO UNLAWFUL OR PROHIBITED USE
You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit in connection with the Products and Services, including but not limited to the Website. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the Website. All User Content is public, meaning that any other user of the Website may view such User Content. We do not control, and are not responsible for, any information or other materials delivered by you or other users, including any and all User Content. Although we have no obligation to screen, edit, or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen, or edit User Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
We do not claim any ownership interest in User Content; you own the User Content that you provide to Petrolicious. However, by uploading, posting, or submitting User Content to the Website or to our pages or feeds on third-party social media platforms (e.g., Petrolicious’ Facebook page, LinkedIn page, Instagram page, YouTube page, Pinterest page, or X (formerly known as Twitter) feed), you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, anonymize, de-identify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and noncommercial purposes. However, Petrolicious will only share personal information that you provide in accordance with our Privacy Policy.
The following content standards apply to any and all User Content and use of interactive services (including, but not limited to, message boards, chat rooms, personal web pages or profiles, forums, or bulletin boards). User Content must in its entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Content must not:
The information and opinions expressed in any User Content are not necessarily those of Petrolicious or its content providers, advertisers, sponsors, affiliated entities, or related entities, and we make no representations or warranties regarding that information or those opinions, and expressly disclaim any liability for User Content. You acknowledge that any reliance on any User Content submitted by others will be at your own risk.
You agree that we may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations, or rules of any federal, state, or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Petrolicious, its customers, or the public.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials, or other information about Petrolicious, the Website, or the Products and Services (collectively, “Feedback”). Feedback shall become the sole property of Petrolicious. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may access, download, or copy content on the Website only for personal, informational, and non-commercial purposes; provided, however, that the Petrolicious trademark and copyright symbol and statement (as set forth on each such page of the Website) appears on each copied or downloaded page and no modifications are made to any content on the Website. The rights expressly granted in the preceding sentence to you constitute a license and not a transfer of title. Petrolicious reserves the right to revoke your limited license to access, download, and print the content available on the Website at any time, and any such use by you shall be discontinued immediately upon written notice from Petrolicious.
Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any content from the Website in whole or in part without the prior written permission of Petrolicious. You may not “mirror” any content contained on the Website on any other server without Petrolicious’s prior express written permission. Any unauthorized use of any content contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any rights not expressly granted in these Terms and Conditions are reserved by Petrolicious.
Following termination or deactivation of your account or Membership, even if you remove any User Content from the Website, we may retain such User Content for a commercially reasonable period of time for backup, archival, or audit purposes subject to our Privacy Policy and applicable data privacy laws. Furthermore, Petrolicious and is users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that we or other users have stored or shared through the Website.
6. USER CONDUCT
You agree that you will not violate any law, contract, intellectual property, or other third party right, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Website. You agree that you will abide by these Terms and Conditions and will not:
You agree to comply with the above user conduct and agree not assist or permit any person in engaging in any conduct that does not comply with the above user conduct. Further, you agree that the consequences of commercial use or re-publication of any content from the Website or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that Petrolicious will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages.
Additionally, we may provide interactive features or services (including, but not limited to, message boards, chat rooms, personal web pages or profiles, forums, or bulletin boards) through the Website, and such features may have additional instructions and limitations. It is important that you follow those instructions. We reserve the right to disqualify any users or delete any information received from you in violation of any instructions. Information generated by script, macro, other automated means, or any other means intended to impact the integrity of the interactive services or features as determined by us may be void. We are not liable for incorrect or inaccurate information or for any error, omission, interruption, deletion, or delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, interactive features or services. We may modify, terminate, or suspend the interactive features or services should a virus, bug, non-authorized human intervention, action of voter/rater, or any other cause impair the administration, security, or fairness of the interactive features or services. We may disqualify any individual we find to be violating these Terms and Conditions, tampering with the interactive features or services, or acting in an unsportsmanlike or improper manner and void all associated interactive features or services. Our decisions with respect to all aspects of any interactive features or services element are final and binding.
If we conclude that you have violated or are violating these Terms and Conditions, you may receive a notice via email, or your account may be suspended and/or your IP address may be blocked. We reserve the right to suspend accounts or Memberships, or remove content, without notice, for any reason, at any time. We reserve the right to enforce these Terms and Conditions in our sole discretion.
If you are aware of any member or User Content that violates these Terms and Conditions, please email us at info@petrolicious.com. Please provide as much detail as possible, including a copy of the underlying material, where we can find such material, and the reason such member or User Content should be removed. Please note that filing a complaint will not guaranty the removal of any member or any User Content, and we will only remove members or User Content if we believe that it is necessary. If any notice is based on an alleged copyright violation, please follow the instructions in the section entitled “Copyright and Copyright Infringement” below.
We care about the security of our users. While we work to protect the security of your content and account, Petrolicious cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. Do your part by choosing a secure password, keeping it safe, using anti-virus software (and keeping all of your software up to date), and by being careful about what e-mail attachments you open.
7. MODIFICATION, TERMINATION
We reserve the right, in our sole discretion, to modify, suspend, or terminate any Memberships or Products or Services, at any time with or without cause and with or without notice.
We may cancel/terminate your access to all or any part of the Website, including your Membership or any other Products or Services, at any time, with or without cause and with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Membership. If your Membership is cancelled, suspended, or terminated, you will no longer be authorized to use our Website or our Products and Services, but you will still be bound by these Terms and Conditions, including the licenses and warranties made by you, and by the disclaimers and limitations of liability contained herein. Petrolicious will not be liable to you or any third party for any modification, suspension, or termination of your Membership or your access to our Website.
If you have a Membership, we will use commercially reasonable efforts to attempt to inform you of any modifications to these Terms and Conditions, the Website, or the Products and Services that may materially affect your obligations to us or any paid elements of the Membership. We will attempt to inform you of such modifications either by sending you an email at the email address you provided as part of the registration process, by a message to you at the time you log into the Website, or by such other method as we reasonably believe will reach you. If you do not agree with any such modifications, your sole remedy is the termination of your Membership, which you may request by either emailing info@petrolicious.com (clearly stating the Membership you wish to cancel) within twenty-one (21) days of your receipt of the notice. Your continued use of the Website or your Membership after receiving notice of any modifications indicates your acceptance of the modified Terms and Conditions, Website, or Products and Services.
If you have not registered and do not have a Membership, any modifications to these Terms and Conditions, the Website, or the Products and Services will be effective as to you upon Petrolicious’s posting of the new terms and/or upon implementation of the new changes on the Website, and your continued use of the Website after any modifications indicates your acceptance of the modified Terms and Conditions, Website, or Products and Services.
Unless expressly stated otherwise by Petrolicious, any new features, new services, enhancements, or modifications to the Website or the Products and Services implemented after your initial access to the Website or the Products and Services shall be subject to this Agreement. Some of our Products and Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade any such Products and Services, and these Terms and Conditions will apply to such upgrades.
Should you wish to close your account, you may do so by emailing info@petrolicious.com (clearly stating the Membership you wish to cancel). All cancellations/termination are subject to refund policy described above in these Terms and Conditions.
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of the Website, your Membership, or the Products and Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
8. COPYRIGHT AND COPYRIGHT INFRINGEMENT
All contents of the Website are copyright 2024 by Petrolicious. All rights are reserved. All text, electronic documents, graphics, audio, video, and other content published on the Website are protected by United States and international copyright laws. Distribution or publication of any content taken from the Website in any form without prior written permission of Petrolicious is expressly forbidden.
If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”), please send written notification thereof to our Designated Agent (the “Notification”), who can be reached for purposes of providing Notifications by emailing info@petrolicious.com, or by regular mail at 5972 NE 4th Avenue, Miami, FL 33137, attention Designated Copyright Agent.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification should include the following:
After removing material pursuant to a valid DMCA notice, Petrolicious will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. Petrolicious reserves the right, in its sole discretion, to immediately terminate the Membership of any user who is the subject of repeated DMCA notifications.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Petrolicious by providing the following information to the Designated Agent at the address above:
Upon receipt of a valid counter-notification, Petrolicious will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Petrolicious does not receive any such notification within ten (10) days, we may restore the material to the Service.
9. TRADEMARKS2
Petrolicious is a registered trademark of duPont Registry Group LLC, a Florida limited liability company, and certain other product names, service names, slogans, and related logos are trademarks of Petrolicious in the United States and other countries. You are not permitted to use these trademarks, or any other Petrolicious trademarks, without the prior written consent of Petrolicious. All other trademarks, product names, trade names, and logos used within these pages or on the Website are the property of their respective holders. Our use of third party trademarks, trade names, product names and logos, or images of the same does not necessarily constitute: (1) an endorsement by such company of Petrolicious and its products; or (2) an endorsement of the company or its products by Petrolicious.
10. LINKS TO THIRD PARTY SITES
The Website may contain hyperlinks to third party websites that are not controlled, endorsed, or adopted by Petrolicious. Petrolicious makes no representations or warranties of any kind regarding any content located on such third party websites and is not responsible for and does not endorse or accept any responsibility over such content or your use of third party websites, including without limitation the accuracy, reliability, or completeness of any information, data, opinions, advice, or statements made on any such third party websites.
You acknowledge and agree that your interactions with third parties providing third party content are solely between you and such third parties. Third parties may impose their own terms, policies, or processes, separate from these Terms and Conditions, and you should carefully review all such third party terms. Your access to and use of any third party content and your acceptance of any third party terms is at your own risk.
11. PRIVACY POLICY
Please review the Petrolicious Privacy Policy located at https://petrolicious.com/privacy-policy and incorporated into these Terms and Conditions by this reference. By using the Website and/or the Products and Services, you are consenting to the terms of the Petrolicious Privacy Policy.
12. INDEMNIFICATION
You shall indemnify, hold harmless, and, at our option, defend Petrolicious and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, or costs (including reasonable attorneys’ fees) incurred by us resulting from any third-party claim, suit, action, or proceeding relating to or arising from your use of the Website, the Products and Services (including your Membership), any User Content, any Feedback you provide, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Website, the Products and Services (including your Membership), or any of their respective features. You further agree that we shall have control of the defense or settlement of any third-party claims unless we exercise our option to require you to defend us. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Petrolicious.
13. WARRANTY DISCLAIMER
THE WEBSITE AND THE INFORMATION CONTAINED THEREIN AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. THE USE OF THE WEBSITE, THE PRODUCTS AND SERVICES, USER CONTENT, OR OTHER SERVICES CONTAINED WITHIN OR AVAILABLE THROUGH THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PETROLICIOUS AND ITS AFFILIATES DISCLAIM, WITH RESPECT TO THE WEBSITE AND ITS CONTENT AND THE PRODUCTS AND SERVICES, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PETROLICIOUS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE WEBSITE AND/OR ANY CONTENT ON THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PETROLICIOUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE AND/OR ANY CONTENT ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, TIMELINESS, OR OTHERWISE. YOU (AND NOT PETROLICIOUS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE WEBSITE, ANY CONTENT ON THE WEBSITE, AND/OR THE PRODUCTS AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
14. WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL PETROLICIOUS OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF PETROLICIOUS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE. PETROLICIOUS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE. PETROLICIOUS ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE WEBSITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL PETROLICIOUS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO PETROLICIOUS OR ITS AFFILIATE, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS).
YOU AND PETROLICIOUS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND PETROLICIOUS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. ARBITRATION AGREEMENT
ALL DISPUTES BETWEEN YOU AND PETROLICIOUS SHALL BE DECIDED EXCLUSIVELY BY ARBITRATION. YOU AND PETROLICIOUS AGREE TO PRIVATE ARBITRATION IN A FINAL AND BINDING MANNER, OF ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN CLIENT AND PETROLICIOUS (INCLUDING ANY OF PETROLICIOUS’S CURRENT OR FORMER OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT AND THE PETROLICIOUS SERVICES; ANY PAST, PRESENT, OR FUTURE TRANSACTION, INTERACTION, OR SERVICE PROVIDED BY PETROLICIOUS AT ANY TIME. THE ARBITRATOR SHALL NOT HAVE ANY JURISDICTION TO HEAR ANY CLAIMS FOR CLASS ACTION REMEDIES OR OTHER ACTIONS WHERE THE CLIENT SEEKS A RECOVERY FOR THE BENEFIT OF OTHERS. YOU IRREVOCABLY WAIVE THE RIGHT TO BRING SUCH REPRESENTATIVE CLAIMS AS FURTHER OUTLINED BELOW. THIS ARBITRATION SHALL BE GOVERNED BY AND UNDER THE COMMERCIAL ARBITRATION RULES OF JUDICIAL AND MEDIATION SERVICES (“JAMS”). THE COST OF THE ARBITRATION SHALL INITIALLY BE SHARED BY THE PARTIES, HOWEVER, THE ARBITRATOR SHALL HAVE THE AUTHORITY TO ASSESS ARBITRATION COSTS IN FAVOR OF THE PREVAILING PARTY. SHOULD THE LAW PROHIBIT THIS, THEN YOUR OBLIGATIONS TO SHARE IN THE ARBITRATION COSTS SHALL BE MODIFIED SO AS TO COMPLY WITH LAW. THIS AGREEMENT TO ARBITRATE SHALL BE SUBJECT TO THE LAWS AND PROCEDURES FOR THE STATE OF FLORIDA AND/OR THE FEDERAL ARBITRATION ACT AND THE LAW TO BE APPLIED IN THE ARBITRATION SHALL EXCLUSIVELY BE THE LAWS OF THE STATE OF FLORIDA. ANY ARBITRATION AWARD MAY SUBSEQUENTLY BE CONFIRMED IN A COURT WITHIN MIAMI-DADE COUNTY, FLORIDA.
16. WAIVER AND SEVERABILITY
Any waiver by Petrolicious of any provision of these Terms and Conditions must be in writing. If any portion of these Terms and Conditions is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible except that in the event of unenforceability of the class action waiver, the entire arbitration agreement shall be unenforceable, and you in such event agree to submit to the exclusive personal jurisdiction of the appropriate state or federal courts in Miami-Dade County, Florida in any proceeding relating to any such claim or dispute. The remainder of these Terms and Conditions shall continue to be enforceable and valid according to terms contained herein.
17. ENTIRE AGREEMENT
These Terms and Conditions, together with any amendments and any additional agreements you may enter into with Petrolicious in connection with the Website or the Products and Services, shall constitute the entire agreement between you and Petrolicious concerning the Website and the Products and Services.
Certain services or features may be governed by additional terms presented in conjunction with those products or services. By accessing or using any of those services or features, you agree that you will be bound by the additional terms relating to those services or features.
18. CONTACT
If you have any questions regarding these Terms and Conditions, please email info@petrolicious.com.
19. RIGHTS AND REMEDIES NOT EXCLUSIVE
No right or remedy available to Petrolicious under these Terms and Conditions shall be exclusive of any other right or remedy available to Petrolicious pursuant to applicable law, and all rights or remedies available to Petrolicious under these Terms and Conditions or applicable law shall be cumulative and in addition to every other right or remedy available to Petrolicious. To the extent permitted by law, you understand and agree that your termination of your Membership and use of the Website is your sole right and remedy with respect to any dispute with Petrolicious. You can terminate your Membership by emailing info@petrolicious.com (clearly stating the Membership you wish to cancel).
20. ASSIGNMENT
This agreement is personal to you. You may not assign or otherwise transfer your rights or delegate your obligations under these terms and Conditions, in whole or in part, without Petrolicious’s prior written consent. Any attempted assignment by you shall be null and void. Petrolicious may assign its rights and obligations under these Terms and Conditions in its sole discretion.
21. CORRECTIONS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. Petrolicious reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
22. INFORMATION CONTROL
Petrolicious does not control the information provided by other users and made available through the Website. You may find other user’s information to be inaccurate or deceptive. Please use caution, common sense, and practice safe trading when using the Website.
23. HEADINGS
The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation or construction of these Terms and Conditions.
24. ACKNOWLEDGEMENT
BY ACCESSING, BROWSING OR USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THE WEBSITE.
