Website Terms and Conditions for Online Sale of Goods and Services
Section 1: Introduction and important initial disclosures
Section 2: Overview
Section 3: Order Acceptance and Cancellation
Section 4: Accuracy, Completeness and Timeliness of Information
Section 5: Prices and Payment Terms
Section 6: Availability of Products or Services
Section 7: Accuracy of Billing and Account Information
Section 8: Shipments, Delivery, Title and Risk of Loss
Section 9: void where prohibited
Section 10: Returns and Refund Policy
10 B. Refunds
Section 11: Manufacturer and Supplier Warranty and Disclaimers
PLEASE REFER TO ALL PRODUCT LABELS, MATERIAL SAFTEY DATA SHEETS, ALL INSTRUCTION MANUALS WHICH MAY BE PROVIDED WITH PRODUCT, AND ALL CURRENT PRODUCT INFORMATION PRIOR TO USING THE PRODUCT.
OILWORKS.CO PROVIDES ADDITIONAL PRODUCT INFORMATION AND DISCLOSURES FOR THE SALE OF ALL OF ITS EPA REGISTERED DISINFECTANTS WHICH CAN FOUND IN THE BELOW HYPERLINKS
Section 12: third-party links
Section 13: User Comments, Feedback and other Submissions
Section 14: Errors, Inaccuracies, and Omissions
Section 15: Prohibited Uses
Section 16: Right to Monitor
Section 17: Disclaimer of Warranties
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Section 18: Limitation of Liability
IN NO CASE SHALL OILWORKS.CO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INTERNS, CONTRACTORS, THIRD PARTY VENDORS, SUPPLIERS, SERVICES PROVIDERS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY ON YOUR BEHALF FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY PRODUCTS PROCURED USING THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY ARISING OUT OF YOUR USE OR ANY THIRD PARTY ON YOUR BEHALF’S USE OF THE WEBSITE OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, THE PRODUCTS, OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY THE SERVICE, REGARDLESS OF: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
Section 19: Goods not for Resale or Export
Section 20: Privacy
Section 21: Class Action Waiver, Dispute Resolution and Binding Arbitration
YOU AND OIL WORKS & COMPANY LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE; WHETHER PRE-EXISTING, PRESENT, OR FUTURE; AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, AND INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Section 22: Indemnification
Section 23: Force Majeure
Section 24: Severability
Section 25: no waivers
Section 26: No Third Party Beneficiaries
Section 27: Notices
Section 28: Termination
Section 29: Entire Agreement
Section 30: Goverining Law
Section 31: Changes to the Terms
Section 33: international data transfers
Section 34: contact information
Mobile Messaging Terms and Conditions
The Oil Works & Company LLC mobile message service (the “Service”) is operated by Oil Works & Company LLC (“ Oil Works & Company LLC ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.), promotions, specials, and other marketing offers (e.g., cart reminders) from Oil Works & Company LLC via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to (866) 202-9185. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Oil Works & Company LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to (866) 202-9185 or email firstname.lastname@example.org.We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
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