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Terms

TERMS OF USE

Read these terms of use (“Terms of Use”) carefully as they apply to the access and use of our website, www.Petroholics.com (the “Site”) operated by Petroholics Corporation, USA. (“Petroholics”).

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AS WELL AS ANY REFERENCED POLICY AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE OR BECOME A USER OF THE SERVICES PROVIDED ON THE SITE (“SERVICES”). ANY VIOLATION OF THIS POLICY MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR USE AND/OR ACCESS TO THE SITE OR THE SERVICES.

Modification. The Terms of Use are not exhaustive and we reserve the right to modify them at any time as well as any policy of the Site, in our sole discretion if practices change, as technology changes, or as new services are added or existing ones changed in any way. Any changes or modification will be effective upon posting of the revisions. Your continued use of this Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications.

Suspension. Petroholics reserves the right, without notice and in its sole discretion, to terminate your use of or access to the Site or Services, and to block or prevent future use of or access to the Site. Petroholics can suspend any user if it has any reason to believe, in its sole discretion, that the user is involved in any fraudulent submission or use of personal or financial information; or engaging in any practice that constitutes an unfair or deceptive trade practice. Notwithstanding anything to the contrary in its Privacy Policy, Petroholics may access, use and disclose transaction information about your use of its Site and Services in order to comply with the law (e.g., governmental regulatory action, legal enforcement, lawful subpoena); to initiate, render, bill, and collect for its Services or to protect its rights or property, or users of its Services.

Other Policies. To understand how Petroholics gathers and uses information that it collects from the Site or that you provide to Petroholics, you should refer to Petroholics’s Privacy Policy.

Proprietary Rights. Petroholics ™, is a trademark owned by Petroholics Corporation, USA. You may not use any meta tags or any other “hidden text” utilizing “Petroholics” or any other name, trademark, or product name of Petroholics without Petroholics’s permission. All copyrighted and copyrightable materials on the Site, including, without limitation, the design, text, technical documentation, manuals, product information, graphics, pictures, sound files and other files, and the selection and arrangement thereof are owned by Petroholics Corporation, USA. You are granted a limited, non-sublicensable right to access this Site and print content on the Site for your personal, non-commercial, and informational use only. All rights reserved

You may not (i) modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Site, or any portion of it; (ii) systematically collect or use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods nor make derivative uses of the Site, or any portion of it; (iii) use any technique, including frames or framing techniques, to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page) without the express permission of Petroholics. If Petroholics believes that you have violated its intellectual property rights, Petroholics may obtain injunctive or other appropriate relief in any federal or state court located in Texas without having to submit the matter to arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts. Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Petroholics. Any unauthorized use of the Site will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and other proprietary rights.

You agree not to use the Site or Services (i) in any other manner for or in connection with any other listing service or device; (ii) as part of any effort to compete with Petroholics, including without limitation using the Services to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss of revenue from an existing or potential Petroholics user.

Your Responsibility. You agree to indemnify and hold Petroholics harmless from any claim, action, demand, loss, or damage (including attorneys’ fees) arising out of or in connection with (i) any third-party claim arising out of or relating to your use of the Site or any information contained therein; (ii) any dispute with a user or contact from a listing; and (iii) your breach of the Terms of Use.

You agree not to submit any listings, financial, contact or other information contained in each listing unless you have received all necessary rights and authorizations to publish the listing on the Site and you represent and warrant the accuracy of the information contained in the listing or information you provide. Petroholics does not validate the information posted in any way but may, in its sole discretion but without any obligation to search for such, remove listings that are alleged to have been submitted in violation of this provision. Petroholics may require additional evidence of compliance with this provision from users who are alleged to have submitted listings or other information in violation of these Terms of Use. Petroholics will, in its sole discretion, terminate the accounts of, and refuse service to, any user who repeatedly or knowingly violates the Terms of Use. Additionally, by posting a listing you agree to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Site or Services. Petroholics shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and shall have the right to modify the listing in the exercise of its rights under this Terms of Use. You represent and warrant that all listings and associated information provided by you will be accurate at all times. Petroholics reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the listings or information you provide or post on the Site. Petroholics accepts no responsibility for checking the accuracy of listings submitted by users. You agree that by posting a listing, Petroholics shall have the right to use listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such listing on the Internet for unrestricted use by its users and affiliated companies. Petroholics shall have no obligation to (i) resolve disputes among users of the Site or users to the Service; or (ii) monitor or verify the accuracy or proper use of the listings although it has the right to do so.

Petroholics does not ensure the accuracy of, endorse, or recommend any listings or other information posted on its Site and you use such information at your own risk. You may access listings in the Service solely to obtain initial information from which further evaluation and investigation may commence.

LISTINGS ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY PETROHOLICS USERS SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Payment Obligations. You agree to pay for the Services ordered through the Site using the payment method indicated, and provide Petroholics express authorization to charge said fees as agreed to at the time of the order. Fees owed depend on the specific type and quantity of Services ordered from time to time (collectively “Deliverables”). Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. You agree to be responsible for any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts for the Services.

You agree to pay the fees currently in effect for the Services you order. Petroholics shall notify you electronically 30 days in advance before making any changes to such fees. You acknowledge that it is your responsibility to use the Services and you will not entitled to a refund if you do not use the Services.

Your subscription to our Services will remain in effect until you cancel it at any time. If you subscribe to the Free Edition of our Services, your cancellation will take effect immediately. If you subscribe to the Payment Edition of our Services, your cancellation will take effect at the end of the then current billing period and you will continue to have access to our Services until then.

It is your responsibility to promptly provide Petroholics with any contact or billing information changes or updates (including phone number, credit card numbers, email addresses, etc.) Account updates may be made on the Site.

Your subscription is for your personal use and cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone. Service privileges are subject to change from time to time and may be subject to listing and searching limitations.

Use of Services. Petroholics prohibits the use of the Site or listings to generate or send unsolicited commercial email (SPAM). Users may not send SPAM (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms of Use.

PRICING

Prices found Petroholics suggested prices of a product as provided by a manufacturer, supplier, seller or in some cases nominated by buyers. We regularly check our Reserve Prices against prices recently found on Petroholics and other retailers and suppliers. Some products may have a “Bid Price” displayed, which is determined using recent bidding price history of the product on Petroholics Market. This does not mean the price of the product until or unless accepted and confirmed to you.

In some cases, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our marketplace may be mispriced. If the correct price of an item sold by Petroholics is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

Disclaimers and Limitations of Liability. Petroholics provides a Service platform where industry professionals, workers, sellers & buyers, institutions can view listings of businesses, trends, educational materials and items for sale and other business and network opportunities. Petroholics is not involved in the actual transactions between buyers and sellers nor the actions of its users of the Services and has no control over the quality, safety or legality of the businesses advertised, the truth or accuracy of the listings, or the ability of sellers to complete sales except those directly offered by Petroholics itself.

THE INFORMATION POSTED, SERVICES AND DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER PETROHOLICS CORPORATION, USA., NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE MAKE ANY REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENTS, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, OR SERVICE, OR GUARANTEE ANY CONTENT OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND PETROHOLICS SPECIFICALLY DISCLAIMS ANY LIABILITY RELATING THERETO.

UNDER NO CIRCUMSTANCES SHALL PETROHOLICS CORPORATION, USA. OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, ITS CONTENT, OR SERVICES AVAILABLE THROUGH IT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SAME, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF PETROHOLICS CORPORATION, USA. AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF THE LESSOR OF MONIES PAID TO PETROHOLICS CORPORATION, USA. FOR ITS PRODUCTS AND/OR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

Governing Law and Jurisdiction. The laws of the State of Texas (without applying conflict-of-law principles) will govern these Terms of Use and any dispute that might arise between you and Petroholics regarding your use of this Site and any transactions hereunder shall be governed by and construed in accordance with the laws of the State of Texas without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Houston, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Any dispute or legal claim arising out of or relating to this Terms of Use or the Services, excluding legal action taken by Petroholics to collect fees and/or recover damages for, or obtain an injunction relating to, the Petroholics Site operations or intellectual property shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Houston, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Petroholics may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, Texas, necessary to protect the rights or property of you or Petroholics pending the completion of arbitration. The prevailing party in such arbitration will be entitled to reimbursement for costs, including reasonable attorney fees.

Miscellaneous. These Terms of Use for the Site and use of the Services constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

© 2016 Petroholics Corporation, USA.

Effective Date: May 12, 2016

 

 

 

 

 

 

 

 

 

PETROHOLICS PRIVACY POLICY

Petroholics.com (the “Site”) is owned by Petroholics Corporation, USA. (“Petroholics”). Petroholics values your privacy and is dedicated to protecting your personal information.

 

Registration: If you subscribe to the Free Edition of our services, we will collect your name and email address. We also ask you to provide certain optional information following your registration, including your company, occupation, location, interests, photo, and whether you wish to make this information available to other Petroholics members for networking purposes. If you then upgrade to a premium membership (Power Buyer, Power Seller, or RainMaker), we will collect your billing information.

 

Surveys: We may from time to time provide a survey for our subscribers to fill out providing us with demographic information (such as income level and gender). We encourage you to submit this information so we can provide you a more personalized experience on our Site but participation is entirely voluntary.

 

Third Party Links: We encourage you to be aware when you leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies only to information collected by our Site.

 

USE OF PERSONAL INFORMATION

Third Party Offers: We do not share personally identifiable information with other third parties and will not use your information to send you information about third party offers. We will only use your information to further the business conducted on this Site.

 

Social Networking: If you opt-in to our social networking program, we may provide your name, company, photo, and location (but not your email address or phone number) to other Petroholics members based on your preferences. If you elect “network only”, we provide such information to people who are part of your network, but not to other members or the general public. If you elect “members only”, we provide this information to other members, but not to the general public.

 

Listings: Information you provide as a listing will be come public and your personal information will be posted along with a listing unless you choose to post a listing anonymously in which case we will forward contacts to your mailbox on the Site. When posting a listing, users are given the option of releasing their contact information to other users who have searches that match their criteria. This contact information is then shared with the users who have business listings that match their search criteria. Any information you post is public information and we cannot control what uses third parties may make of personal information you share in such a public forum. In addition, users searching the Site can view contact information (name, email and phone number) when they view a listing profile. Users can save their search criteria to have information about properties that match the specified criteria placed in their mailbox or emailed to them. Search critera and activity remains private to the individual user.

 

Search Agents: If you create a search agent to automatically search for listings matching your criteria, we may use your email address to send you search agent notifications. If you do not wish to receive these notifications, you can make your preference known. Please see the “Choice and Opt-out” section of this Policy.

 

Recommended Listings: If you choose to have us notify you about recommended listings, we may use your email address to send you the listing notifications. If you do not wish to receive these notifications, you can make your preference known. Please see the “Choice and Opt-out” section of this Policy.

 

Unread Mail: We provide an internal messaging system that enables our subscribers to communicate with each other and with our customer service representatives. If you elect to have us notify you about unread messages in your inbox, we may use your email address to send you these notifications. If you do not wish to receive these notifications, you can make your preference known. Please see the “Choice and Opt-out” section of this Policy.

 

Other Uses. We may use your personal information to contact you about the services on our Site in which you have expressed an interest, for example, if you have contacted customer service or made an inquiry.

 

Service-related Announcements: We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, or the delivery of a service or product is delayed we might send you an email, or if there is some service issue with something you might have ordered. Generally, you may not opt-out of these communications, which are not promotional in nature.

 

Exceptional Circumstances: If Petroholics Corporation, USA., or any of its lines of businesses or affiliated companies, is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, the relevant databases of Petroholics could, in whole or in part, be sold as part of that transaction. Therefore, information about our users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the Site, our Services or sale or pledge of our company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company. Information about our users, including personal information, may also need to be disclosed in connection with a commercial transaction where Petroholics Corporation, USA., or an affiliate, is seeking financing, investment, support, or funding. In such transactions, personal information will be subject to the promises made in any pre-existing Privacy Policy in effect when the information was obtained. We also may have to release personally identifying information when it is necessary to comply with judicial or other government subpoenas, warrants, orders, or to protect the rights, property, or safety of Petroholics or others.

 

HOW PETROHOLICS PROTECTS YOUR INFORMATION

We have security procedures in the storage and disclosure of personal information, which you have given us in order to prevent unauthorized access. Keep in mind however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

 

It is important for you to protect against unauthorized access to your password and to your computer. Be sure to log off when finished using a shared computer.

 

Our Site may also contain links to other Web Sites. Keep in mind that Petroholics does not control and is not responsible for the privacy or security practices or the content of these other web sites.

 

NOTIFICATION OF CHANGES

The Effective Date of this Privacy Policy is set forth below. We may revise and update this Privacy Policy if our practices change, as technology changes, or as we add new services or change existing ones. We may make material changes to our Privacy Policy or how we handle your personal information or how we keep your purchases anonymous by posting such changes or reflect them on the Privacy Policy. If we are going to use any personal information in a manner that is materially different from that stated in our Privacy Policy at the time we collected such information, we will notify you to consent to the change. If you do not consent, your personal information will be used as agreed to under the terms of the privacy policy in effect at the time we obtained that information but you may not be able to use our Site or Services in the future. By using our Site or Services after the Effective Date, you are deemed to consent to our then-current privacy policy. We will use information previously obtained in accordance with the privacy policy in effect when the information was obtained from you.

 

DISPUTES

If you choose to visit the Site your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use including limitations on damages, arbitration of disputes, and application of the law of the State of Texas.

 

HOW TO CONTACT US

If you have any questions about our privacy policy, send us a message using the contact form at https://www.Petroholics.com/contactus.

 

©2016 Petroholics Corporation, USA.

Effective Date: May 12, 2016

 

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