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Welcome to the terms and conditions ("Terms") for PSC SELECT SHIPPING. These Terms are between you and Petroleumservicecompany.com and/or its affiliates ("Petroleum Service Company Inc" or "PSC" or “Us”) and govern our respective rights and obligations. Please note that your use of the petroleumservicecompany.com website (“Website”) and PSC SELECT SHIPPING membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the petroleumservicecompany.com website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a PSC SELECT SHIPPING membership, you accept these terms, conditions, limitations, and requirements.
- PSC Terms of Use
- PSC Terms and Conditions of Online Sales
- PSC Privacy Policy
Shipping Benefits and Eligible Purchases
PSC SELECT SHIPPING benefits depend upon inventory availability, order deadlines, and in some cases the shipping address. PSC SELECT SHIPPING benefits are limited to certain states. The states eligible for the PSC SELECT SHIPPING program are as follows: PA, NJ, NY, CT, MA, OH, VA, WV, MD, D.C., DE, IL, MI, NC, IN, KY, NH, VT, ME, RI, SC, TE. Products eligible for PSC SELECT SHIPPING will be designated as such on their product pages. Some special product, order, handling fees, and/or taxes may still apply to eligible purchases. If only some items in your order are eligible for PSC SELECT SHIPPING, you will pay applicable shipping charges for the ineligible items. Changing or combining orders, or changing your shipping address, speed, or preferences might affect PSC SELECT SHIPPING eligibility. Certain purchases may only be entitled to Standard Shipping because of their size, weight, and other shipping characteristics. We may exclude products with special shipping characteristics at our discretion. PSC SELECT SHIPPING benefits do not apply to hazmat shipments or expedited shipments unless the aforementioned shipments are shipped via FREIGHT LTL. Free freight hazmat shipments are eligible for PSC SELECT SHIPPING benefits.
PSC SELECT SHIPPING benefits do not apply to express shipments, including, but not limited to, next day air and 2 day or 3 day shipping options.
Other Limitations
- We reserve the right to accept or refuse membership in our discretion.
- We may send you email and other communications related to PSC SELECT SHIPPING and your PSC SELECT SHIPPING membership (regardless of any settings or preferences related to your PSC account).
- Some PSC SELECT SHIPPING benefits may require certain purchase thresholds, have quantity or shipping address limitations, or require members to meet specified criteria in order to access them.
- Lift gate is available with PSC Select Shipping for an additional fee.
- From time to time, PSC may choose in its sole discretion to add or remove PSC SELECT SHIPPING membership benefits.
Fees and Renewal
The membership fee for PSC SELECT SHIPPING is $299 per year unless otherwise specified. From time to time, we may offer different membership terms, and the fees for such membership may vary. The PSC SELECT SHIPPING membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the membership fee and the reduced shipping charges for PSC SELECT SHIPPING.
If you sign up for your PSC SELECT SHIPPING membership through us and are billed by us, then the billing terms described below will apply to your membership.
Billing Terms
If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR PSC SELECT MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Membership Cancellation
If you signed-up for your PSC SELECT SHIPPING membership directly through us, you may cancel your PSC SELECT SHIPPING membership any time by calling us at 1-855-899-7467. If you cancel within 3 business days of signing up for a paid membership, we will refund your full membership fee; provided that we may charge you (or withhold from your refund) the value of PSC SELECT SHIPPING benefits used by you and your account during this 3-business day period (I.E. SHIPPING COSTS & CREDIT CARD FEES INCURRED). If you cancel at any other time, we will refund your full membership fee only if you and your account did not make any eligible purchases or take advantage of PSC SELECT SHIPPING benefits since your latest PSC SELECT SHIPPING membership charge.
Agreement Changes
We may in our discretion change these Terms, the PSC Terms of Use, Terms and Conditions of Online Sales, and Privacy Policy, or any aspect of PSC SELECT SHIPPING membership, without notice to you. If any change to these terms is found invalid, void, or for any reason
unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Termination by Us
We may terminate your PSC SELECT SHIPPING membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the PSC SELECT SHIPPING membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE PSC TERMS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PSC SELECT SHIPPING MEMBERSHIP.
Reliance on Information Posted
The information presented on or through the Website regarding the PSC SELECT SHIPPING membership, as well as any and all additional content appearing on the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Privacy Policy
The PSC Privacy Policy, https://petroleumservicecompany.com/privacy-policy.html, governs the process of all personal data collected from you in connection with your purchase of products or services through the Website, such as a PSC SELECT SHIPPING membership. When requesting certain information, products or services via the Website, you will be asked to provide certain personal and other information. By using the Website, you are accepting the terms and conditions of the PSC Privacy Policy. If you do not agree to having your information used in any of the ways described in the PSC Privacy Policy, you must discontinue use of the Website.
Account Security
If you choose to create an account on the Website, such accounts are created through BigCommerce and are subject to the terms of use and privacy policies of such companies. You must treat your user name, password or any other piece of information related to your account as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the PSC Terms of Use.
Your Responsibility
You represent that all of the information, data, and other materials you provide to receive a PSC SELECT SHIPPING membership, on the Website, or to PSC through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information you have provided on the Website or to PSC through any other means, as appropriate.
You must not use a PSC SELECT SHIPPING membership: (a) to violate any local, state, national or international law; or (b) to interfere with or disrupt the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
Assignment
We may assign these Terms, in whole or in part, in our sole discretion. You may not assign your rights under these Terms without our prior written permission. Any attempt by you to assign your rights under these Terms without the permission of PSC shall be void.
No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Intellectual Property
Unless otherwise indicated, the Website and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of PSC or the material is included with the permission of the rights owner.
You acknowledge that PSC owns all right, title and interest in and to all of the information on the Website, including information relating to the PSC SELECT SHIPPING membership, and all underlying software and technology, including without limitation all Intellectual Property Rights, or that the material is included with the permission of the rights owner. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Trademarks
Certain of the names, logos, and other materials displayed on the Website constitute trademarks, tradenames, service marks or logos ("Marks") of PSC or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with PSC or those other entities.
Copyrights; Restrictions on Use
The content made available to you through the Website, including without limitation, text, databases, software, code, music, sound, photos, and graphics ("Our Content"), is: (a) copyrighted by PSC and/or its licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by PSC or its licensors. Except as permitted in the PSC Terms of Use, Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, performed, displayed, or redistributed in any way without our prior written permission and/or the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable
control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Indemnity
You agree to indemnify, defend and hold harmless PSC, its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur, resulting from, or alleged to result from: (i) your breach of these Terms; (ii) your violation of any applicable law, regulation, rule or order pertaining to your use of PSC SELECT SHIPPING; and/or (iii) your unauthorized or unlawful use of PSC SELECT SHIPPING.
Disputes
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with PSC, including without limitation any claim involving PSC or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania, including, without limitation, the United States District Court for the Middle District of
Pennsylvania, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
You agree that these Terms, as well as any suit, action or proceeding arising out of or in connection with any dispute with PSC, including without limitation any claim involving PSC or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants
and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in all matters, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.
Entire Understanding
These Terms constitute the entire agreement between PSC and you with respect to the subject matter of these Terms, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral.
Severability and Non-Waiver
Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right herein on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
Survivability and Reservation of Rights
The following provisions of the Terms survive the expiration or termination of the Terms for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law.
How to Contact us.
If you have any questions or comments about these Terms, the practices of the Website, or your dealings with PSC we encourage you to contact PSC as follows:
Petroleum Service Company
454 South Main St. Wilkes-Barre, PA 18703
Telephone: 1-888-379-2332
E-mail: buy@petroleumservicecompany.com
