Website Terms and Conditions for Online Sale of Goods and Services
Last updated September 2020
Section 1: Introduction and important initial disclosures
This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you and your use of this website, which can be accessed at oilworks.com (“website”), and to the sale of products offered to you on this website. please read these terms and conditions (“terms”) carefully.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class action lawsuits.
By placing an order for products from this website, you affirm that you are of legal age to enter into this agreement and you accept and are bound by these terms. you affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organziation or company to these terms.
You may not order or obtain products from this website if you: (a) do not agree to and accept these terms; (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with oil works & company, llc; or (c) are prohibited from accessing or using this website or any of this website’s contents or products under applicable law.
These terms are incorporated by reference into the website terms of use. any violation of these terms or the website terms of use may result in the immediate suspension of your account and termination of access to this site and your ability to make purchases from the site.
Oil Works & Company, Llc is a seller of epa registered disinfectants. these terms and conditions for online sales contain links to important saftey information for your consideration and as required by law.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class action lawsuits.
By placing an order for products from this website, you affirm that you are of legal age to enter into this agreement and you accept and are bound by these terms. you affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organziation or company to these terms.
You may not order or obtain products from this website if you: (a) do not agree to and accept these terms; (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with oil works & company, llc; or (c) are prohibited from accessing or using this website or any of this website’s contents or products under applicable law.
These terms are incorporated by reference into the website terms of use. any violation of these terms or the website terms of use may result in the immediate suspension of your account and termination of access to this site and your ability to make purchases from the site.
Oil Works & Company, Llc is a seller of epa registered disinfectants. these terms and conditions for online sales contain links to important saftey information for your consideration and as required by law.
Section 2: Overview
These Terms for the online sale of goods apply to the purchase and sale of products and services through the Website. The Website is operated by Oil Works & Company, LLC (“Oilworks.co”). Throughout the Website, the terms “we”, “us” and “our” refer to Oilworks.co. Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Website. By visiting the Website and engaging with us to purchase items for sale on the Website, you agree to be bound by these Terms. You acknowledge and agree that these Terms are incorporated into an integral part of the Website’s Terms of Use, which apply and are enforceable with respect to your use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. These Terms are subject to change by us without prior written notice at any time in our sole discretion. Any changes to these Terms will be in effected as of the “Last Updated Date” referenced on the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Oilworks.co offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices contained herein. Any new features or tools that are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page.
Section 3: Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you ordered.
Section 4: Accuracy, Completeness and Timeliness of Information
The information on this Website may contain inadvertent or unintentional errors or inaccuracies and may not be complete or current. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical pricing and product information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Section 5: Prices and Payment Terms
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges, if applicable, will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information. However we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. We reserve the right at any time to modify or discontinue the products offered for sale on the Website without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept VISA, MASTERCARD, and AMERICAN EXPRESS for all purchases. You represent and warrant that:
- (i) the credit card information you supply to us is true, correct and complete.
- (ii) you are duly authorized to use such credit card for the purchase.
- (iii) charges incurred by you will be honored by your credit card company, and
- (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
Section 6: Availability of Products or Services
Certain products available online through the Website may have limited quantities and are subject to return or exchange only according to our Return Policy, which is set forth in more detail Section 10 of these Terms. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Section 7: Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. By submitting an order on the Website, you agree that your credit card will be charged in full for the balance of your order at the time the order is submitted.
Section 8: Shipments, Delivery, Title and Risk of Loss
We use the following shipping carriers to deliver all of our products: DHL, FedEx, UPS, USPS, and Freight. We will notify you via email once your order has shipped with a tracking number. If you have any questions please reach out to us at info@oilworks.com.
We will arrange for shipment of the products to you free of charge. Please check the individual product page for specific delivery options. Title and risk of loss pass to you upon our transfer of the products to the shipping carrier. In the event that a product return is necessary and allowed under these Terms, title and risk of loss remains with you until the product arrives at our facility.
Please allow a three to fifteen business day lead time for delivery from the date you place your order on the Website. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Shipments to some areas may take longer due to the frequency of deliveries to the delivery zip code, delays in inventory or packaging, transit time to the delivery provider, and transit time to the delivery address. Please be aware that there could be further delays due to increased demand for our products as a result of COVID-19.
In the event that we make an express promise to deliver an order within a certain time, we will provide reasonable notification to you if we are unable to fulfill the order in the promised time, and will provide you with further information regarding the delay and your options.
We will arrange for shipment of the products to you free of charge. Please check the individual product page for specific delivery options. Title and risk of loss pass to you upon our transfer of the products to the shipping carrier. In the event that a product return is necessary and allowed under these Terms, title and risk of loss remains with you until the product arrives at our facility.
Please allow a three to fifteen business day lead time for delivery from the date you place your order on the Website. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Shipments to some areas may take longer due to the frequency of deliveries to the delivery zip code, delays in inventory or packaging, transit time to the delivery provider, and transit time to the delivery address. Please be aware that there could be further delays due to increased demand for our products as a result of COVID-19.
In the event that we make an express promise to deliver an order within a certain time, we will provide reasonable notification to you if we are unable to fulfill the order in the promised time, and will provide you with further information regarding the delay and your options.
Section 9: void where prohibited
We reserves the right to limit, in our sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, this is on your own initiative and you are solely responsible for complying with applicable local laws regarding the shipment and use of our products abroad. For more information about International Data Transfers please refer to Section 33 of these Terms.
Section 10: Returns and Refund Policy
Our returns and refund policy varies depending on the type of product sold, as detailed below. Only certain regular-priced items are eligible for refund. Items listed at a discounted sales price on the Website are not eligible for refund. All allowed returns are to be made to us; no returns are to be made to the manufacturer.
- Diffusers – You may return any diffuser for any reason whatsoever within 30 days of the date you receive the product for a refund. You are responsible for return shipping costs. A 15% re-stocking fee will be charged to you for any diffuser returned used, outside its original packaging, or missing any parts or accessories. An additional $25 fee will be charged to you for any diffuser returned without its original packing. All sales are final after 30 days.
- Fogger/Sprayer/Misters – You may return any fogger/sprayer/mister for any reason whatsoever within 30 days of the date you receive the product for a refund if the product has not opened. You are responsible for return shipping costs. If the fogger/sprayer/mister has been opened, you will be charged a 15% re-stocking fee, plus an additional $50 packaging fee if you do not return the original box and all parts. All sales are final after 30 days.
- Disinfectants – All sales of Disinfectants are final. We do not issue refunds or allow returns of any disinfectant products.
- Aromas – All sales of Aromas are final. We do not issue refunds or allow returns of any aromas.
10 B. Refunds
Once your returned product is received and inspected, you will receive an email notifying you that we have received your returned product. Your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within approximately seven (7) to ten (10) business days of our receipt of the product. Your refund will be credited back to the same payment method used to make the original purchase on the Website. In the event you have not received your refund within the above-stated time period, please confirm through your financial institution or credit card company that funds have not been received. If funds have not been received, please contact us immediately at info@oilworks.com.
Section 11: Manufacturer and Supplier Warranty and Disclaimers
We do not manufacture or control any of the products offered on our Website. The availability of products through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer.
The products offered on our Website are covered by the manufacturer’s or supplier’s warranty, as detailed in the product’s description and product labels that are posted on our Website and included with the product. As the distributor, we do not provide any additional warranties with respect to the products offered on our Website. To obtain warranty service for defective products, please follow the instructions included in the manufacturers or supplier’s warranty.
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
- Prokure V: https://oilworks.co/product/prokure-v-liquid-disinfectant-virucide-deodorizer/
- PermaSafe: https://oilworks.co/product/permasafe-disinfectant-antimicrobial-system/
- SDS Bioesque: https://oilworks.co/product/bioesque-botanical-disinfectant-solution/
- SDS Bioprotect: https://oilworks.co/product/bioprotect-rtu-ready-to-use-antimicrobial-surface-protectant/
Section 12: third-party links
Certain content, products, and services available and accessible from the Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 13: User Comments, Feedback and other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 14: Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information as described above or on any related website, including without limitation, pricing information, except as required by law.
Section 15: Prohibited Uses
In addition to other prohibitions as set forth in the Website Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
Section 16: Right to Monitor
We neither actively monitor general use of the Website under normal circumstances, nor exercise editorial control over the content of any other third party’s website, e-mail transmission, news group, or other material created or accessible over or through this Website. However, we reserve the right to monitor such use at any time as we deem appropriate and to remove any materials that, in our sole discretion, may be illegal; subject us to liability; violate these Terms or the Website Terms of Use; or are, in the sole discretion of Oilworks.co, otherwise inconsistent with the purpose of this Website.
Section 17: Disclaimer of Warranties
We do not guarantee, represent, or warrant that your use of this Website and your ability to purchase products from the Website will be uninterrupted, timely, secure or error-free. You agree that from time to time we may take down the Website for indefinite periods of time as necessary or restrict access to the Website at any time, for any reason, without notice to you. You expressly agree that your use of, or inability to use, the Website is at your sole risk.
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
You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale, export, or commercial use. However, if you operate a commercial enterprise and wish to resale any of the products offered by Oilworks.com on your own website or through your commercial distribution channels, you may obtain more information about Oilworks.co’s Reseller Program, for which you may register here: https://oilworks.tapfiliate.com/signup/.
Section 20: Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
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.
The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 22. (The AAA Rules are available at www.adr.org/arb_med.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Section 22: Indemnification
You agree to indemnify, defend, and hold harmless Oil Works & Company, LLC and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms or any of the other terms and conditions these Terms incorporate by reference, or your violation of any law or the rights of a third party.
Section 23: 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, pandemic, 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.
Section 24: Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Section 25: no waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Oilworks.co.
Section 26: No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Section 27: Notices
27 A. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email, and notices we provide by posting on the Website will be effective upon posting. It is your responsibility to keep the email address we have for you current.
27 B. To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Oil Works & Company LLC, 1343 Main Street, 2nd Floor, Unit 205, Sarasota, FL 34236. Notices provided by personal delivery will be effective immediately. Notices provided by or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
27 B. To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Oil Works & Company LLC, 1343 Main Street, 2nd Floor, Unit 205, Sarasota, FL 34236. Notices provided by personal delivery will be effective immediately. Notices provided by or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Section 28: Termination
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Website, or by ceasing to use our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our Website (or any part thereof). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Section 29: Entire Agreement
These Terms and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us, and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Oilworks.co as a result of this agreement or use of the Website. Oilworks.co’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Oilworks.co’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Oilworks.co with respect to such use.
Section 30: Goverining Law
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Section 31: Changes to the Terms
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms constitutes acceptance of those changes.
Section 33: international data transfers
This Website is controlled, operated, and administered by Oilworks.co from our offices within the United States of America. Oilworks.co products are marketed to customers based in the United States and are not targeted to or intended for sale to consumers outside of the United States. If you access our Website and provide us with any of your personal information, the laws of the United States may be less restrictive than the laws of your country of origin. Therefore, when it comes to the protection of your personal information, the laws of the United States not provide the same level of protection for your personal information as your own country’s data protection laws.
Section 34: contact information
Questions about these Terms of should be sent to us at Oil Works & Company, LLC, 1562 Tamiami Trail South, Venice, Florida 34293.
You may also contact us at info@oilworks.com or by telephone at 833-723- 6848.
You may also contact us at info@oilworks.com or by telephone at 833-723- 6848.
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 info@oilworks.co.
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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