Terms and Conditions/ Privacy Notice
TERMS AND CONDITIONS:
These Terms and Conditions (“Terms and Conditions”) shall govern the purchase and lease of any products (“Products”) and related installation services (“Services”) by buyer (“Buyer”) from Powers Oil Company, Ltd. dba Powers Oil and Propane (“Company”). These Terms and Conditions take precedence over Buyer’s additional or different terms and conditions, to which notice of objection is hereby given and acceptance by Buyer is limited to these Terms and Conditions. Any changes in these Terms and Conditions must specifically be agreed to in writing by Company and Buyer. The parties expressly agree that except for the particular products and services, quantity, lock-in pricing, requested delivery dates and location on an accepted purchase order, any terms and conditions on Buyer’s purchase order will have no effect.
- Orders. All orders placed with Company must be in writing (“Orders”). Any Order shall only be accepted and binding upon Company upon written acceptance by Company. Company may reject any Order in its reasonable discretion.
- Price and Payment. Unless Company has agreed to a lock-in pricing arrangement or pre-buy arrangement pursuant to an accepted Order, Buyer agrees to pay Company’s prices in effect on the date when Buyer places an Order, or for automatic deliveries, on the date of delivery. Buyer shall pay the prices on Company’s invoice(s), plus all applicable federal, state and local sales and similar taxes. Unless required to be paid in advance, Buyer will pay Company all fees and costs within thirty (30) days after the date of Company’s invoices, without set-off or deduction. Buyer grants to Company a purchase money security interest in the Products until all payments have been made. Company may file a financing statement for the security interest and Buyer agrees to sign any financing statements or other documents necessary to document Company’s security interest. Pursuant to Company’s Customer Referral Program, Company will provide you with a $25 credit on your account in the event you refer a new customer to Company who purchases and pays for a minimum of 150 gallons of propane from Company.
- Late Fees and Charges. If Buyer fails to make timely payment, Company may charge interest on the amounts due at 1.5% per month or the maximum interest rate permitted by law, whichever is lower, until paid in full. Buyer shall also reimburse Company for all costs and expenses (including collection costs and attorneys’ fees) incurred by Company in collecting any past due balances, enforcing its security interest, or other amounts owed to Company by Buyer. Buyer further agrees to pay additional fees, rates and charges which may be assessed and are subject to change without prior notice, when additional services are required or requested, including but not limited to, out of gas service calls, returned check fees, Rent, service and installation fees, fees to retake possession of any Leased Equipment and other charges.
- Delivery. Company may, but is not obligated to, choose not to deliver Products or perform Services if, in its sole discretion, it believes that doing so will pose an unnecessary risk of injury or harm to Buyer, its employees, or the public, without liability. Buyer agrees that Company may suspend Services if Company believes an unsafe condition exists. Company will perform the Services per the agreed schedule. Company offers two types of delivery: (i) Keep Full Service, in which Company will monitor Buyer’s usage and make deliveries to Buyer to ensure Buyer does not run out of required Product; or (ii) Will Call, in which Company will deliver propane only after Buyer requests a delivery. Will call delivery times can vary, but are typically made within ___ to ____ business days after an Order is accepted. A minimum order of 150 gallons is required for all will call orders.
- Acceptance. Products and Services are deemed accepted upon receipt of Products or performance of Services unless notice of defect is received within five (5) days after receipt. In the event of Buyer’s rejection of defective Product(s), Company’s sole and exclusive obligation to Buyer shall be, at Company’s option, to exchange such Product(s) for a new one of the same type or to provide Buyer with a refund or credit in the amount of the price of the Product. Rejection of the Product does not void Buyer’s obligation to pay for Services rendered in connection with these Terms and Conditions.
- Leased Equipment. The provisions of this Section 6 shall apply in the event Company leases to Buyer storage tank(s) or cylinder(s), regulator(s), appliance(s), meter(s) and/or related equipment, (together with all attachments, replacements and parts the “Leased Equipment”).
Buyer agrees (i) Buyer will not allow anyone to make any adjustments, connections or disconnections to the Leased Equipment or remove or pump-out the Leased Equipment without Company’s written permission; (ii) Buyer must notify Company immediately if the Leased Equipment is damaged or malfunctions; (iii) if Buyer sells the premises upon which the Leased Equipment is placed, Buyer will notify Company at least thirty (30) days in advance and will inform the purchaser that the Leased Equipment is owned by Company; (iv) Buyer is responsible for securing any permits, licenses or approvals necessary to use and operate the Leased Equipment; (v) Buyer must use the Leased Equipment in a careful and proper manner in conformity with all Federal and State statutes, regulations and applicable laws; and (vi) the Leased Equipment is to be used solely for Products sold by Company and it is mutually understood and agreed that the products of no other company may be stored in the Leased Equipment.
The Leased Equipment will at all times remain the sole and exclusive property of Company and Buyer shall have no right, title or interest in the Leased Equipment except as to the use of the Leased Equipment subject to these Terms and Conditions, and the Leased Equipment will not become a fixture or a part of Buyer’s real property. Buyer must keep the Leased Equipment free and clear of and from all liens, pledges, hypothecations, encumbrances, charges, or other security interests of any kind. Further, Company may affix plates or markings on Leased Equipment indicating Company’s ownership and Buyer shall not remove or suffer or permit the removal of plates, markings, tags, signs or other means of identification indicating that Company is the owner of the Leased Equipment.
From the date Company delivers the Leased Equipment to Buyer, Buyer shall assume and bear the entire risk of loss for theft, damage, destruction, death, or injury to any person, property or the Leased Equipment from any and every cause whatsoever. In the event of damage or loss to the Leased Equipment (or any part thereof) and irrespective of payment from any insurance coverage maintained by Buyer, you shall at the option of Company, (i) repair the Leased Equipment to good condition and working order; (ii) replace the Leased Equipment (or any part thereof) with like equipment in good repair, condition and working order and transfer clear title to such replacement equipment to Company; or (iii) pay to Company the replacement value of the Leased Equipment. Upon any termination in Services, Buyer agrees to promptly surrender to Company all Leased Equipment in the same condition as when provided to Buyer, ordinary wear and tear excepted.
- Rental Fee. Buyer agrees to pay Company a rental fee (“Rent”) for any Leased Equipment installed at Buyer’s property. The amount of Rent can vary depending on, among other things, the size of the tank, the location of the property, and Buyer’s annual usage. Actual Rent will be set forth in Company’s proposal or invoice. The Rent will be waived by Company in the event Buyer enters into a lock-in or pre-buy arrangement with Company and purchases the contractual amount described in the Order. Buyer otherwise agrees to pay any Rent due as invoiced by Company in accordance with Section 2.
- Equipment Installation. Company will deliver and install any Products and equipment purchase or leased by Buyer, and Buyer agrees to be at the premises at the time of the installation for liquid propane training, if applicable. Electric service must be available at the premises before scheduling installation. Company will attempt to install equipment at a place of Buyer’s choosing, however, Company reserves the right to install equipment in the manner and at the location determined by Company and the location may not be changed without the prior written consent of Company. Buyer is responsible for properly installing all appliances prior to installation of any purchased or Leased Equipment. If Buyer has a Company meter installed on any equipment, Buyer will be billed for Product usage. Company reserves the right to bill based on an estimated usage amount, prior to taking an actual reading. Upon Company’s reading of any installed meter to determine usage: (i) Buyer will receive a credit to the extent that Buyer’s estimated billed usage amount exceeds the actual usage amount or (ii) Buyer will be charged an additional amount to the extent that the actual amount of Product used exceeds the estimated amount. A monthly Meter Fee shall be applied in the event Buyer as a meter installed.
- Access to Equipment. Company will have an irrevocable right to enter Buyer’s property without prior notice for deliveries of Product, inspection, servicing or removal of Leased Equipment, and Buyer agrees to fully cooperate with Company and provide Company with safe and unimpeded access to equipment, including but not limited to, access free of ice, snow, water, and other hazards. Buyer responsible for the maintenance and repair of all equipment owned by Buyer, including compliance with applicable laws and regulations. Buyer is required to notify Company in the event that Buyer disconnects its propane system or adds or removes appliances so that Company may conduct a leak check.
- Warranty Disclaimer. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES PERFORMED UNDER THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, DESIGN OR OPERATION OF THE EQUIPMENT, ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OR CAPACITY OF THE MATERIALS IN THE EQUIPMENT OR WORKMANSHIP IN THE EQUIPMENT, NOR ANY OTHER REPRESENTATION OR WARRANTY. BUYER ACCEPTS ALL PRODUCTS AND SERVICES DELIVERED AS IS.
- Indemnification. Buyer will indemnify, defend, and hold Company, its directors, officers, employees, subsidiaries, affiliates, and the successors and assigns harmless against all claims, liabilities, obligations, demands, damages, expenses (including reasonable attorney fees), and amounts paid in settlement by, imposed on or incurred by Company related to acts or omissions of Buyer or Buyer’s use of any Products, Leased Equipment or Buyer owned equipment.
- Limitation of Liability. Company’s total liability arising from the Products and Services, under any theory of liability, will be limited to the amounts received by Company from Buyer for the particular Product or Service giving rise to a claim. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS. No action relating to the Products or Services may be brought more than one year the date of the purchase order giving rise to the claim.
- Insurance. Buyer shall be responsible for its own general, broad form comprehensive insurance policy to cover all of its acts or omissions related to the Products. Buyer is not permitted to submit any claim against Company’s insurance coverage related to these Terms and Conditions, the Products, or the Services. Further, Buyer shall procure and maintain, at Buyer’s expense, insurance that provides coverage against any damages to the Leased Equipment including, but not limited to, damages caused by the perils of fire, physical loss and damage, theft, vandalism, malicious mischief, collapse and water damage. The insurable value shall not be less than the full replacement cost of the Leased Equipment. The insurance shall name Company as the loss payee and Buyer shall give Company at least thirty (30) days prior written notice of any material alteration in the terms of such policy or of the cancellation of the policy.
- Independent Contractors; Compliance. The parties acknowledge and agree that each party is an independent contractor of the other party and cannot bind the other party in any respect. Company may complete the Services in any manner it deems necessary or appropriate. Neither party is responsible for the actions of the other party, its agents, independent contractors or employees. Buyer will comply with all applicable laws, regulations and orders.
- Termination. Company may terminate any Order at any time in its discretion. Buyer will pay for all Products and Services received through the termination date.
- Confidentiality. Buyer will treat Company’s Confidential Information as confidential and will not disclose to others or use it for any purpose except to comply with these Terms and Conditions. “Confidential Information” includes, without limitation, whether in writing or not, these Terms and Conditions, information not generally known to the public, Products, Services, strategies, pricing, trade secrets, know-how, financial information, sales and distribution information, actual and potential customers. Buyer is responsible for any disclosure of Confidential Information under its possession or control.
- Safety Information. Safety information has been or will be supplied in Buyer’s Welcome Packet. If you did not receive the safety information, please contact Company at 330-821-8387 and Company will mail it to you. Additional safety information is provided at Buyer is responsible for understanding all safety guidelines, rules, and laws related to maintaining the Products and Services. If you smell propane or experience any adverse propane conditions or safety-related matters, you should immediately dial 9-1-1, contact Company at 330-821-8387, and follow all other gas leak emergency procedures as stated in your Welcome Packet. Company strongly recommends purchasing a carbon monoxide, propane and methane gas detector.
- Force Majeure. Notwithstanding anything in these Terms and Conditions to the contrary, should Company be unable to perform or observe any obligations required to be performed by Company due to any circumstances whatsoever beyond Company’s reasonable control, including without limitation, inability of Company to meet Company’s demand for Products from Company’s normal and customary sources of supply, acts of God, war, civil disturbance, pandemic, fire or casualty, labor dispute, governmental action , as well as terminal, refinery, pipeline, or transportation disruptions the Company, for so long as such condition exists, shall be excused by Buyer from such performance, provided Company takes appropriate reasonable steps as soon as reasonably practical upon the termination of such condition to recommence performance. In the event any of the contingencies or circumstances beyond Company’s control occur, Buyer understands and agrees that Company retains the right, without limitation and at Company’s sole discretion, to allocate Company’s available Products and distribution among all of Company’s respective customers, in any manner which Company deems appropriate under such circumstances.
- Governing Law. These Terms and Conditions shall in all respects be governed by, and construed in accordance with, the laws of the state of Ohio, including all matters of construction, validity and performance. Customer agrees to submit to the exclusive jurisdiction of the courts having jurisdiction over Stark County, Ohio.
- SMS. Powers Oil and Propane utilizes text messages (SMS/MMS) with its’customers. These messages may pertain to customer service, delivery, or account information. Message and data rates may apply for any messages sent to you from Powers Oil and Propane or to Powers Oil and Propane from you, depending on your mobile phone service plan. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. At any time, if you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance or by contacting us directly at customercare@powersoilandpropane or by calling (330) 821-8387. You can opt-out completely by replying STOP. To restart your SMS alerts, simply reply START or contact us at customercare@powersoilandpropane or call (330) 821-8387. Carriers are not liable for delayed or undelivered messages.
Miscellaneous. If a provision of these Terms and Conditions is held invalid, illegal or unenforceable, such holding will not affect the other sections in these Terms and Conditions. Company can exercise any and all remedies allowed by law. If Company waives a Buyer breach or fails to waive a Buyer breach, it is not deemed to be a waiver to other breaches. Buyer may not assign any of its rights, interests, obligations or liabilities with regard to the purchase of Products or receipt of Services. These Terms and Conditions shall survive termination of Buyer’s relationship with Company, which Buyer’s permission for Company to contact Buyer to collect any debts owed or with regard to the return of Leased Equipment. Company reserves the right to amend or add to these Terms and Conditions at any time by giving Buyer prior written notice of the change(s). The notice may be in the form of a bill insert, email, or other written notification. These Terms and Conditions may not be modified orally and describe the entire agreement between Company and Buyer with respect to its subject matter. Any prior arrangements, agreements, contracts, representations, warranties, purchase orders, bids, proposals, offers, or other communications, written or oral, that are inconsistent with these Terms and Conditions, are superseded and of no force or effect.
Powers Oil Company, Ltd. Privacy Statement
Effective as of November, 2023
Powers Oil Company, Ltd. (“Powers Oil Company”, “we” or “us”) is committed to protecting your privacy. This Privacy Statement (“Statement”) informs you how we collect, use, secure and share information that identifies you or makes you identifiable (“Personal Data”) collected by us when you:
- Visit our website or log in to your customer account;
- Download our forms;
- Submit an inquiry or payment through our “Contact Us,” “Schedule a Delivery,” “Make a Payment” or other interactive pages that we may currently have on the website or add in the future; or
- Send or receive communications from us, including invitations, resources, materials, emails, phone calls, texts or faxes.
The Information We Collect and Store
We may collect and store the following Personal Data in connection with our Interactions with you:
- User-provided information. When you use one of our interactive features on our Site, some of the information that we request is Personal Data. If you do not want to provide Personal Data through the features on our Site, please contact us at firstname.lastname@example.org or by calling (330) 821-8387 to speak with us directly.
- Geo-Location Information. Some devices allow applications to access real-time location-based information, such as an IP address, can sometimes be used to approximate a device’s location.
- Cookies. We use “cookies” to collect information and improve our Interactions with you. A cookie is a small data file that we transfer to your device. We may use “persistent cookies” to save your registration ID and login password for future logins to our website. We may use “session ID cookies” to enable certain features of the Service, to better understand how your Interactions with us and to monitor aggregate usage and web traffic routing on our website.
- Payment Information.
How We Use Personal Data
Your Personal Data may be used for the following purposes:
- To engage in sales and marketing activities. We want to share information about our fuel and propane products (“Products”) and services (“Services”) with you, and to do so we may process your contact information to send you marketing communications and targeted marketing; provide you with more detailed Product information or respond to your request for a quote; and keep you updated about our Services. You can opt-out of our sales marketing activities at any time and free of charge by contacting us.
- We, and our service providers, may use Google Analytics and Google AdSense to assist us with marketing and advertising efforts. We do not combine the information collected using Google Analytics with Personal Data. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our website. For more information on how Google collects and processes your data, visit https://www.google.com/policies/privacy/partners/. You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout. Google has provided further detail regarding its privacy practices here: https://support.google.com/analytics/answer/6004245
- We may use Google Tag Manager to track activity on the site, such as when you download a file or article, when you click on one of our links, such as a telephone number or email address to contact us, the information that you provide to us through a form, when you view a video and when you click on a third-party link.
- We also may use pixels from Facebook and LinkedIn for targeted and behavioral advertising efforts. To adjust your settings in Facebook, you will need to log into your Facebook account directly and go to your privacy settings to select which cookies to accept or repress. To adjust your privacy settings in LinkedIn, please log into your LinkedIn account and click Privacy and Settings to adjust the level of activity you wish to share through LinkedIn.
- Companies may participate in industry-developed programs designed to provide consumers choices about whether to receive targeted advertising. Please visit the websites operated by the Network Advertising Initiative and Digital Advertising Alliance to learn more. (Canadian users may also visit the website operated by the Digital Advertising Alliance of Canada.
- If you sign up to receive marketing or informational announcements from us, such emails will include the capability to opt-out of receiving such e-mails in the future. Marketing and informational announcements include any communications to you that are only based on promoting our Services. Transactional communications about an Interaction are not considered “marketing” or “informational” communications.
Information Sharing and Disclosure
We do not sell any Personal Data that is shares with us, though we may share and disclose your Personal Data as described below.
- Service Providers, Business Partners and Others. We use certain trusted third-parties to help us provide more relevant content to you, including maintaining this Site and serving customized advertisements based on your browsing history, fulfill orders, respond to inquiries, and Interact with you for employment and recruitment tracking purposes. We enable you to share your experiences with us through social networking services, such as Facebook, LinkedIn, Instagram, and Twitter.
- Compliance with Laws and Law Enforcement Requests; Protection of Powers Oil’s Rights. We may use or disclose Personal Data to third parties when we have a good faith belief that disclosure is reasonably necessary to: (a) comply with a law, regulation or legal requests including to meet national security or law enforcement requirements; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse, or (d) protect our rights.
- Business Transfers. If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in majority control.
Some browsers have incorporated Do Not Track (“DNT”) preferences. Most of these features, when turned on, send signals to the website you are visiting that you do not wish to have information about your online searching and browsing activities collected and used. As there is not yet a common agreement about how to interpret DNT signals, we do not honor DNT signals from website browsers at this time. Implementing a DNT preference also does not signify a “do not sell” request. We understand that various parties are developing “do not sell” signals, and we may recognize certain such signals if we conclude such a program is appropriate. You may refuse or delete cookies; however, some of our website functionality may not work properly.
Accessing, Changing or Deleting Your Personal Data
We may retain copies of your Personal Data if required by law or in the normal course of our relationship with you. For questions about your Personal Data related to our Interactions with you or in connection with our company, please contact us. We will respond to your inquiry as soon as possible. If your communication relates to your Personal Data, we may ask you to verify your identify before we can act on your request.
We employ appropriate technical and organizational measures to ensure a level of security that is appropriate to our Interactions with you. No method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee its absolute security and cannot be responsible for unencrypted information that you send if it is subsequently subjected to unauthorized access.
Our website and Services are not directed or sold to persons under 18. We do not knowingly collect Personal Data from children under 18. Any individuals under the age of 18 must have consent to Interact with us or use the Services from their parent or guardian, preferably, ask the parent or guardian to handle all communications with our company. If a parent or guardian becomes aware that his or her child has provided us with Personal Data without their consent, he or she should Contact Us. If we become aware that a child under 18 has provided us with Personal Data, we will take steps to delete such information.
Transfer of Personal Data
If you Interact with us or provide your Personal Data to us, your Personal Data may be transferred to, processed and maintained on servers or databases located outside of the country or jurisdiction where you are located. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your Personal Data transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use this website. The following sections below describe additional rights that certain individuals have with respect to safeguarding their privacy.
United States – State Laws and Regulations Regarding Individual Consumers’ Privacy Rights
Our website and Services are directed to Ohio residents only. We do not provide Services to anyone outside of Ohio. If you reside in a location outside of Ohio, please do not provide any Personal Data to us. However, if you are an individual consumer and resident of one of the states listed below, you may have additional privacy rights granted to you by your state of residence.
California. If you are not a resident of Ohio, please discontinue use of this website as we do not sell Products or provide Services outside of Ohio. Under the California Consumer Privacy Act (“CCPA”), California consumers have certain rights they may exercise either independently or through an authorized agent. CCPA rights requests are subject to an identification and verification process. We will not fulfill a CCPA request unless we have been provided sufficient information for us to reasonably verify that the requestor is the consumer about whom we collected Personal Data. Some Personal Data we maintain about consumers (e.g., clickstream data) is not sufficiently associated with enough Personal Data about the consumer for us to be able to verify that it is a particular individual. Accordingly, we will not include such information in response to consumer requests. Individual consumers residing in the state of California have additional rights: (1) Disclosure Rights. You have the right to request that we disclose the following Personal Data for the 12-month period prior to the request date: categories of Personal Data, any specific Personal Data that you may have provided to us, categories of third parties that have access to your Personal Data, as described above; “Do Not Sell” Rights. As stated above, we do not sell Personal Data as defined under the CCPA, and until such time as we change our practices by updating this Privacy Statement, will treat Personal Data collected under this Statement as subject to a “do not sell” request. Please see above regarding “do not track” mechanisms; Deletion Rights. If you request that we delete your Personal Data, we will honor the request; and Non-Discrimination. We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. Please note that refusal to provide a quote or any Services is not considered discrimination since we cannot provide Services since we are a local Ohio business.
Nevada. “Do Not Sell” Rights. We do not sell Personal Data.
Illinois. We do not collect biometric information about you.
General Data Protection Regulation
If you are an individual located in the European Economic Area, United Kingdom and/or Switzerland (collectively, the “Designated Countries”), we ask that you not Interact with this website as it is not directed to you, and we cannot provide Services to you. Nevertheless, if you do Interact with us, we will honor the rights granted by the General Data Protection Regulation (“GDPR”).
A cookie is a small file that may be stored on your computer or other device. A cookie enables the entity that put the cookie on your device to recognize it across different websites, services, devices, and browsing sessions. We use certain cookies to enhance your Interactions as described in “How We Use Personal Data.”
When you use a web browser to access the Services, you may configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Click the “Help” menu of your browser to learn more about how to change your cookie preferences. The operating system of your device may contain additional controls for cookies. If you are interested in learning more about cookies, click here: www.aboutcookies.org or www.allaboutcookies.org.
Please note that disabling cookies may affect your ability to access and use this Site.
If you have any questions or comments about our Products and Services, website or this Statement, we would like to hear from you.
Powers Oil Company, Ltd. (dba) Powers Oil & Propane
1681 West Main St. Alliance, OH 44601
Powers Oil Company, Ltd.
Effective November, 2023
Welcome to Powers Oil Company, Ltd. By choosing to use this website (“Site”), you are agreeing to these terms and conditions (“Terms”) between you and Powers Oil Company, Ltd. (“Powers Oil,” “we,” “us” and “our”). Your continued use of this Site constitutes your agreement to these Terms and other policies and notices on this Site that may apply to you.
RESTRICTIONS ON USE
When you visit this Site, you agree that you will not:
- violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password timing or any other means;
- take or attempt any action that imposes or may impose an unreasonable or disproportionately large burden on the Site or its infrastructure;
- use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site without our prior written consent;
(iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content; or
- attempt to gain access to any data that is not made publicly available.
This Site and our Products and Services are not targeted to children. We do not sell to children under 18. Please see our Privacy Statement for further information on protection of children’s privacy rights.
MATERIAL YOU SUBMIT
You represent that you own and are responsible for any content you share through this Site, including the legality, accuracy, reliability, appropriateness, originality and copyright of the content. You cannot upload to, distribute or otherwise publish through this Site any content that
- may be libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable,
- may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or
- may contain malware, software viruses, or any form of “spam.”
We encourage you not to provide sensitive Personal Data (defined in the Privacy Statement) to us through this site. Any Personal Data provided via this Site will be handled in accordance with this Site’s Privacy Statement.
TRADEMARKS AND COPYRIGHTS
This Site may feature trademarks, service marks and logos and copyrighted materials that are the property of Powers Oil. You may display and electronically copy, download and print hard copy versions of the material contained on the Site for your personal and noncommercial use. All other uses are prohibited unless you receive our prior written approval. Any modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site is expressly prohibited. We respect the intellectual property rights of others and request that our visitors do the same. Pursuant to Section 512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, a copyright owner or its authorized agent may submit a notification for believed copyright infringement based on material that is residing on the Site if you think your work has been copied in a manner that constitutes copyright infringement on this site, you may notify us at:
Powers Oil Company, Ltd.
1681 W Main St, Alliance, OH 44601
The notification must include ALL of the following:
- A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work you claim has been infringed;
- A description of where the material you claim is infringing is located on the Site;
- Your name, address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND USE OF THE SITE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE AT ANY TIME. POWERS OIL, ITS AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, INTERRUPTED ACCESS, ERROR-FREE OR SECURITY, MALWARE-FREE, OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER POWERS OIL, NOR ITS AGENTS, SUPPLIERS OR PROVIDERS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO THIS SITE.
You agree to indemnify, defend and hold us harmless, including our officers, directors, employees, contractors, and agents, from and against all claims, damages and costs, including reasonable attorneys’ fees and court costs, arising from your use or misuse of the Site. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others or unauthorized disclosure of information accessed through this Site, you agree to be responsible for all claims, damages and costs, including but not limited to, attorneys’ fees and court costs, arising from that disruption.
The laws of the State of Ohio govern your use of the Site, without regard to conflicts of laws principles. You irrevocably consent to the jurisdiction of any court of competent jurisdiction located in the State of Ohio.