Thank you for visiting the website of Petroleum Service Company ("PSC"). PSC owns, operates, and provides the website located at https://petroleumservicecompany.com (the "Website"). These terms and conditions ("Terms of Use") govern your access to and use of the Website as well as the content, functionality, goods and/or services offered through the Website. Throughout these Terms, the terms "we," "us," and "our" refer to PSC and the terms "you" and "your" refer to any visitor to or use of the Website.
These Terms of Use are effective as of: 1/1/2018
ACCEPTANCE OF THESE TERMS OF USE: PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE YOU START USING THE WEBSITE. BY ACCESSING OR BROWSING THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL, OR ANY, OF THE PROVISIONS IN THESE TERMS OF USE, PLEASE IMMEDIATELY EXIT, AND MAKE NO FURTHER USE OF, THE WEBSITE.
Access to and use of the Website, is subject to all applicable laws and regulations as well as these Terms of Use, PSC's Terms & Conditions of Online Sales ("Terms of Sale") (located at https://petroleumservicecompany.com/terms-conditions-of-online-sales/) and PSC's Privacy Policy (located at https://petroleumservicecompany.com/privacy-policy/,which set forth the legally binding terms related to your access and use of the Website.
Subject to these Terms of Use, the Website: (i) displays application equipment, abrasive blasting equipment, parts, and accessories, petroleum, paint, chemical products, and related safety equipment offered by PSC that are available for sale; (ii) allows you to submit a credit application for a potential extension of credit from PSC to purchase PSC products (iii) allows you to submit reviews related to PSC and its products; (iv) allows you to register your name and e-mail address with PSC to receive offers, news, and other information from PSC via e-mail; (iv) allows you to submit a quote request to obtain pricing from PSC related to particular products offered by PSC; (v) allows you to create an account with PSC; (vi) allows you to submit product return requests; and (vi) allows you to register to obtain copies of data sheets related to products and the safety of these products offered on the Website.
The items displayed on the Website are continuously being updated and changed and it is possible that some of the items that are displayed on the Website may not be available for purchase at any particular time. PSC is not responsible to you, or to any other party, if an item displayed on the Website is not available for purchase at any particular time.
When you purchase a product or gift voucher through the Website, Paypal will process your payment. Please note that the PayPal website is operated by a third party and is governed by a separate terms of use and privacy policy. If you choose to purchase a product or gift voucher through the Website, you should familiarize yourself with PayPal's privacy policy. The PayPal Privacy Policy is found at: http://www.paypal.com/us/webapps/mpp/ua/privacy-full.
Purchasing Items From PSC
All purchases through the Website are governed by our Terms of Sale (see https://petroleumservicecompany.com/terms-conditions-of-online-sales/), including terms related to shipping and returns. The Terms of Sale are hereby incorporated into these Terms of Use. The Terms of Sale, Terms of Use, and the relevant terms and conditions of PayPal and BigCommerce, govern the purchase of items purchased through the Website or as a result of visits to this Website made by you.
YOU MUST BE AT LEAST 18 YEARS OF AGE
You must be at least eighteen (18) years of age to register on or purchase items through any website. By using and/or registering and/or providing any information on the Website, you certify that you are at least eighteen (18) years of age and of legal age to form a binding contract. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18).
Changes to the Website and/or Terms of Use
From time to time and without providing notice to you, we will make changes or improvements to the items, services, and/or features included on the Website. Additionally, from time to time and in our sole discretion, we will change or make additions to these Terms of Use, in which case we will post the revised Terms of Use on the Website and the revised Terms of Use will be effective immediately upon posting.
You are responsible for reviewing the most current version of the Terms of Use before using the Website to ensure that you agree to any revisions to the Terms of Use. If at any time you do not agree to the revisions, you should immediately cease all use of and access to the Website. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Use and to the Website are reasonable.
Privacy Policy
When requesting certain information, products or services via the Website, you will be asked to provide certain personal and other information. You agree that all information you provide to PSC through the Website or otherwise, is governed by our Privacy Policy which is hereby incorporated in these Terms of Use. By using the Website, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to having your information used in any of the ways described in the 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 these Terms of Use.
Your Responsibility
You represent that all of the information, data, and other materials you provide 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 the Website: (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.
Except as permitted pursuant to these Terms of Use, neither the Website, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use the Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Website on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. PSC neither warrants nor represents that use of content displayed on the Website will not infringe rights of third parties not owned by or affiliated with PSC
You must not display, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Website for any purpose except as described in these Terms of Use; or (d) frame the Website, place pop-up windows over its pages, or otherwise affect the display of the Website.
User Contributions
The Website may contain message boards, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website, including services linked through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PSC, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to: (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for PSC; and (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through 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.
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, 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 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.
Linking to the Website and Links from the Website
You may link to the homepage of the Website provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Subject to the foregoing, you must not: cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; link to any part of the Website other than the homepage; otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
The Website includes links to other sites and resources provided by third parties such as various social media sites (e.g. Facebook, Twitter, Pinterest, etc.). We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of such sites. If you decide to access any third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites. We may disable all or any social media features that may be included on the Website and any links at any time without notice in our discretion.
Limitation of Liability and Disclaimer of Warranties
When using the Website, information will be accessed by you over a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website. We do not assume any liability related to your use of any third party websites linked to through the Website or otherwise.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. ACCESS TO THE WEBSITE, AND ITS CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PSC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE OR THE PRODUCTS SOLD THEREBY, AND THE SERVICES PROVIDED THEREON, OR WITH RESPECT TO ANY WEBSITE TO WHICH THE WEBSITE IS LINKED. PSC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE WEBSITE, (ii) THE QUALITY AND SECURITY OF THE WEBSITE, OR (iii) THE INABILITY TO ACCESS THE WEBSITE OR ITS CONTENT OR TO PURCHASE AN ITEM DISPLAYED ON THE WEBSITE, INCLUDING WHETHER THE WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE. WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF PSC ACCORDINGLY, PSC ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE, AND YOU (AND NOT PSC) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in herein may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out herein shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
Limitation of Damages and Remedies
YOU AGREE THAT PSC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM THE WEBSITE. YOU FURTHER AGREE THAT PSC SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE WEBSITE. IN NO EVENT WILL PSC BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF PSC, ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PSC'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY PRODUCTS/SERVICES SOLD THROUGH THE WEBSITE, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). NOTWITHSTANDING THE PRIOR SENTENCE, WE ACCEPT PRODUCT RETURNS UNDER CERTAIN CONDITIONS AS DETAILED IN THE TERMS OF SALE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL PSC BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE OR THE CONTENT OR ANY OF THE PRODUCTS SOLD ON THE WEBSITE.
ANY CLAIMS MADE BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ITS CONTENT, MUST BE BOUGHT BY YOU WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. ALL REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THE TERMS OF USE.
Termination
You agree that we, in our sole discretion, may terminate your use of, and/or access to, the Website, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE.
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 of Use; (ii) your violation of any applicable law, regulation, rule or order pertaining to your use of the Website; and/or (iii) your unauthorized or unlawful use of the Website.
No Extraterritoriality
PSC is based in the Commonwealth of Pennsylvania in the United States of America and makes no claims that the Website is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. PSC makes no representation that the Website is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website is prohibited from jurisdictions where the Website, or its content, is illegal.
Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export any products in violation of U.S. export laws and regulations or the export laws and regulations of any other country. Access to the Website may not be legal by certain persons in certain countries. If you access the Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Jurisdiction and Choice of Law
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 of Use, 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 of Use constitute the entire agreement between PSC and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral.
If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Assignment
We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without the permission of PSC shall be void.
Headings
The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
Severability and Non-Waiver
Our failure to enforce any provision of these Terms of Use 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 of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, 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 of Use 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 of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law.
PSC reserves all rights not expressly granted to you herein.
PSC's Contact Information
If you have any questions regarding these Terms of Use or any other matter, you can contact PSC at:
Petroleum Service Company
454 South Main St. Wilkes-Barre, PA 18703
Telephone: 1-855-899-7467
E-mail: buy@petroleumservicecompany.com
