PetroInternational.com
maintains this Web site as a service to its customers. By using
Web sites owned and operated by PetroInternational.com, you are
agreeing to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not agree
to these terms, you should not review information or obtain documents
from this site.
-
Ownership. PetroInternational and its suppliers own all content,
materials, forms, agreements, documents and other items on the
Site (collectively, "Materials"). You have no ownership
interest in Materials, but PetroInternational grants you a limited
license to view and use Materials as described in Section 2
("License"). Materials are protected under applicable
copyright, trademark, trade secret and other intellectual property
laws in the United States and around the world. You have no
other right to view, use, copy, perform, display or modify Materials
except as described in Section 2 ("License"). PetroInternational
may modify, add to or delete any Materials at any time, without
notice to or permission from you or any third party.
-
License. Subject to your performance of your obligations under
this Agreement, PetroInternational hereby grants you a limited,
revocable, nonexclusive, nontransferable license (without the
right to grant sublicenses) to view and use the Site and the
Materials solely for your own internal business purposes. You
may not republish, "mirror", "frame", transfer
or otherwise make available to third parties the Site or the
Materials except with the prior written consent of PetroInternational.
-
Forms. YOU UNDERSTAND AND AGREE THAT THE MATERIALS MAY CONTAIN
ARTICLES, OPENINONS, SAMPLE OR FORM AGREEMENTS, LETTERS OR OTHER
DOCUMENTS ("FORMS"). FORMS MAY INCLUDE FINANCIALLY
OR LEGALLY SIGNIFICANT DOCUMENTS, SUCH AS CONTRACTS, LEASES,
BALANCE SHEETS, ASSIGNMENTS AND OTHER ITEMS, AND ARE PROVIDED
TO YOU SOLELY AS EXAMPLES OF TYPICAL DOCUMENTS OF THEIR KIND.
THE DELIVERY AND USE OF FORMS DOES NOT CONSTITUTE LEGAL, ACCOUNTING
OR OTHER PROFESSIONAL ADVICE, AND YOU ARE URGED TO CONSULT AN
APPROPRIATE PROFESSIONAL LICENSED IN YOUR JURISDICTION BEFORE
USING ANY FORMS. YOU THEREFORE ASSUME ALL RISK ASSOCIATED WITH
FORMS AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PetroInternational,
ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS,
EMPLOYEES AND OFFICERS FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, THREATS, SUITS OR PROCEEDINGS, OR ANY LOSSES OR LIABILITIES
(INCLUDING ATTORNEYS' FEES AND COSTS) ASSOCIATED WITH THEM,
ARISING FROM ANY BREACH OF THIS AGREEMENT BY YOU OR ANY USE
BY YOU OF THE SITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION,
THE FORMS.
-
Registration and Personal Information. You may have the opportunity
to provide certain personal information at the Site directly
to PetroInternational or through your use of Third Party Services.
The collection or use of personal information by PetroInternational
is intended for communication and service to our clients only.
You understand and agree that the collection or use of your
personal information by third parties shall be governed by any
agreement or privacy policy in effect between you and such third
parties, if any, and PetroInternational shall have no liability
whatsoever for any such collection or use.
-
Fees and Charges. Member's use of the Service may result in
fees as will be set forth by PetroInternational. The Service
fees and charges may be changed by PetroInternational from time
to time by providing Member with thirty (30) days prior notice
posted on PetroInternational's website. Member agrees to pay
said fees within thirty (30) days of receipt of the PetroInternational
invoice. Member shall pay on all amounts past due, that have
not been disputed specifically in writing and in good faith,
an interest charge of one and one-half percent (1.5%) per month
computed from the due date of each payment. Member shall be
liable for all attorney and collection fees arising from PetroInternational's
efforts to collect unpaid balances.
-
Content. The Site contains information and resources, message
boards, mailing lists and directories (collectively, "Site
Facilities") where you may share information with other
users. You agree that if you use any Site Facilities, you shall
not share, post, transmit or otherwise disseminate any unlawful,
defamatory, libelous, threatening, abusive, offensive, racist,
vulgar, harassing, pornographic or obscene material of any kind,
or materials that would infringe or violate the rights of any
person or constitute a criminal offense or otherwise violate
any applicable local, state, national or foreign law. You understand
and agree that you shall not use the Site Facilities for advertising
or commercial promotion of yourself or any third party. PetroInternational
does not monitor Site Facilities on a regular basis, but may
do so without notice to or permission from you or any third
party. PetroInternational shall have the right, but not the
obligation, to remove any material from Site Facilities as PetroInternational
sees fit at any time. You understand and agree that PetroInternational,
its parent, subsidiaries, affiliated companies, agents, shareholders,
employees and officers shall have no liability whatsoever for
any information or material contained or shared at Site Facilities.
-
Disclaimer. THE SITE AND THE MATERIALS ARE PROVIDED ON AN AS
IS BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, PETROINTERNATIONAL HEREBY DISCLAIMS
ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM
COURSE OF DEALING, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT OF
THIRD PARTY RIGHTS. THE SITE AND THE MATERIALS (INCLUDING WITHOUT
LIMITATION THE FORMS) MAY BE INCORRECT, OUT OF DATE, INAPPROPRIATE
FOR ANY PARTICULAR TRANSACTION, MAY CONTAIN "BUGS,"
ERRORS AND DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR PRODUCE
RESULTS AS EXPECTED.
-
Damages. IN NO EVENT SHALL PETROINTERNATIONAL, ITS PARENT, SUBSIDIARIES,
AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES OR OFFICERS
HAVE ANY LIABILITY HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR
THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL THE AGGREGATE LIABILITY OF PETROINTERNATIONAL, ITS PARENT,
SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES
AND OFFICERS EXCEED ONE HUNDRED DOLLARS ($25), REGARDLESS OF
THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN PETROINTERNATIONAL AND YOU.
THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS.
-
General. This Agreement constitutes the entire and only agreement
between PetroInternational and you regarding the Site, and supersedes
all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the information
provided by or through the Site, and the subject matter of this
Agreement. You agree to review this Agreement prior to reviewing
any information or obtaining any documents from the Site. Any
action related to this Agreement shall be governed by the substantive
laws of the State of California, without regard to conflicts
of laws principles. The State and Federal courts located in
Orange County, California shall have sole jurisdiction over
any dispute arising hereunder, and the parties hereby consent
to the personal jurisdiction of such courts and to extraterritorial
service of process. The United National Convention on Contracts
for the International Sale of Goods shall not apply to this
Agreement. Neither this Agreement nor any rights hereunder may
be assigned by operation of law or otherwise, in whole in part,
by you without the prior written consent of PetroInternational.
Any purported assignment without such permission shall be void.
PetroInternational may assign this Agreement, in whole or in
part, without notice to you. Any waiver of any rights of either
party must be in writing, signed by the waiving party, and any
such waiver shall not operate as a waiver of any future breach
of this Agreement. In the event any portion of this Agreement
is found to be illegal or unenforceable, such portion shall
be severed, and the remaining terms shall be separately enforced.
The language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against either party. This
Agreement may be modified or amended only in writing, signed
by both parties. Any purported modification or amendment inconsistent
with the foregoing shall be void. In the event of any conflict
between this Agreement and the Privacy Policy or any other terms
on the Site, this Agreement shall control.
|