Terms and Conditions of Use
Last Updated: August 26, 2009
Welcome to the “Lubegard” website (“Web Site”). This Web Site is owned and operated by International Lubricants, Inc. (“Company”) (“we” and “us”). In addition to the Content on the Web Site, the Web Site provides you with various opportunities to submit content and participate in various shopping and community services (“Services”). BY USING OUR WEB SITE AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this Site, you agree to such terms and conditions.
- Copyright and Ownership. All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, illustrations, and other ("Content"), is owned by International Lubricants, Inc., its licensors, vendors, agents and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms of Service, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. The Web Site, its Content and all related rights shall remain the exclusive property of International Lubricants, Inc. or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Web Site.
- Trademarks. All trademarks, service marks and trade names of International Lubricants, Inc. used herein (including but not limited to: the Company name, the Company corporate logo, the Company Design, and the logo) (collectively “Marks”) are trademarks or registered trademarks of International Lubricants, Inc. or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify International Lubricants, Inc. trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without International Lubricants, Inc.'s prior written consent. The use of International Lubricants, Inc. trademarks on any other web site or network computer environment is not allowed. International Lubricants, Inc. prohibits the use of International Lubricants, Inc. trademarks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance.
- Unsolicited Submissions Policy. International Lubricants, Inc. is pleased to hear from its loyal fans and welcomes your comments. Except where International Lubricants, Inc. specifically requests comments or submissions, International Lubricants, Inc. does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by International Lubricants, Inc.’s professional staff seem to others to be similar to their own creative work. Accordingly, International Lubricants, Inc. requests that your comments relate to those services and products offered by International Lubricants, Inc., and that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us an unsolicited submission, you agree not to assert any ownership right of any kind in the unsolicited submission against International Lubricants, Inc. (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant International Lubricants, Inc. a nonexclusive, perpetual, worldwide license to the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release International Lubricants, Inc. (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.
- Order Eligibility. You may only purchase products which appear on this Web site and are delivered to an address available with the order software. You may only purchase products for personal use by either yourself or your intended recipient of the products. International Lubricants, Inc. may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by International Lubricants, Inc. International Lubricants, Inc. makes no promise that products and services available on the Web Site are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Web site from territories where its contents are illegal or unlawful is prohibited. If You choose to access this Web site from locations outside the Territory, You do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site.
- Products, Content and Specifications. Details of the products and services available for purchase are set out on the Web Site. All prices displayed do not include taxes. All features, content, specifications, products and prices of products and services described or depicted on this Web site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Return and Exchange Policy. You may return or exchange a product or service purchased from this Web Site in the event that the product or service is defective or for any reason within 30 days. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law. In the event that the return or exchange is due to an incorrect order or faulty product, International Lubricants, Inc. will be responsible for the shipping costs associated with such return. In all other cases, You will be responsible for the return. International Lubricants, Inc. will only accept returned or exchanged products or services that comply with the following process. You may return most new, unopened items sold and fulfilled by International Lubricants, Inc. for a full refund. If you have received damaged product in transit or human errors in shipping please refuse or notify the freight carrier and International Lubricants, Inc. to resolve. Please do not ship back leaking or soiled packaging. A claim must be submitted to the freight carrier or contact International Lubricants, Inc. to resolve. We’ll issue a refund within 7 to 14 days after we receive and process your return. If you are due a refund for non-returnable items a refund will be issued after you have contacted the International Lubricants, Inc. to resolve.
- Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
- Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations. Please contact us if you would like to link your web site to ours.
- Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by International Lubricants, Inc. or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
- Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or the Web Site or through Voice computer systems is expressly prohibited by these Terms of Service. Any such unauthorized use of our computer systems is a violation of these Terms of Service and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
- Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Web Site you may be allowed to have access to. In consideration of your use of the Web Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Web Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or International Lubricants, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, International Lubricants, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.
- User Published Content. User published Content does not represent the views of International Lubricants, Inc. or any individual associated with International Lubricants, Inc., and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, International Lubricants, Inc.’s endorsement of user published Content. International Lubricants, Inc. does not vouch for the accuracy or credibility of any user published Content on our Web Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Web Site. Through your use of the Web Site and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks.
- Contests and Ratings. To be eligible for contests, User Submissions must be uploaded on or after 12:01 am on the first day of the applicable contest period, and before midnight on the last day of such contest period, as specified on the Website. Participants may upload multiple User Submissions, but may only submit the same or very similar User Submission once. No purchase of any kind is necessary to participate. Contest winners will be selected, at International Lubricants, Inc. sole and exclusive discretion, from among the eligible User Submissions deemed most popular by Website users. The chances of winning are determined by the number of valid entries, which is unknown. You must be at least eighteen (18) years of age to be eligible for any contest. Employees or agents of International Lubricants, Inc., subsidiaries, divisions, affiliates, advertising agencies and members of the immediate families of each are not eligible to enter any International Lubricants, Inc. contest. Only User Submissions which are the original work of the participant are eligible, and the participant must have exclusive rights to all intellectual property associated with the User Submission as well as the consent of each natural person that is recognizable in the User Submission. To be eligible for any contest, you must supply a valid email address at the time your User Submission is uploaded. Upon request, prizewinners agree to submit proof of eligibility, a manually signed version of this Agreement, a Consent and Release Form for each person shown or depicted in the winning User Submission, and appropriate tax forms. If you are chosen as the winner of a contest, you hereby consent to the use of your image, voice, likeness and persona without compensation for any and all publicity and advertising purposes, and you hereby release International Lubricants, Inc. from any and all claims arising from such use. If you fail to provide such information, documentation or consent, International Lubricants, Inc. reserves the right to deny you any prize winnings and award them to another participant. International Lubricants, Inc. reserves the right to disqualify user votes and User Submissions if it determines, in its sole discretion, that a voter is inappropriately attempting to skew results. Other special voting privileges may be issued based on participation with the site. International Lubricants, Inc. reserves the right to disregard highest and lowest votes in a consistent manner and/or take other steps in an effort to maintain the integrity of voting in its reasonable judgment. Any contest is void where prohibited by law and is subject to federal, state and local rules and regulations. Prize winners are responsible for all taxes associated with contest prizes. A list of winners may be obtained after each contest ending date by written request. Contests are offered, if ever, at the sole discretion of International Lubricants, Inc., during the periods posted on the Website and under the terms and conditions of this Agreement and any additional rules and guidelines that may be published under the Contest Rules posted on the Website. Participants are required to check published rules and guidelines weekly for changes. If at any time International Lubricants, Inc. is unable to operate any contest as planned (for example due to financial or administrative difficulties, fraud or technical failure such as a computer virus/bug or other form of unauthorized intervention that corrupts the administration, security, fairness, integrity or proper conduct of any contest), International Lubricants, Inc. reserves the right, in its sole discretion, to suspend, modify or terminate such Contest. In the event of any such termination prior to the end of the contest term, notice of such termination will be posted on the Website. International Lubricants, Inc. assumes no responsibility for lost, late, incomplete, misdirected, illegible or postage due contest submissions.
- Fees. For all charges for any products and services sold on the Web Site, International Lubricants, Inc. will bill your credit card or alternative payment method offered by International Lubricants, Inc.. In the event legal action is necessary to collect on balances due, you agree to reimburse International Lubricants, Inc. for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.
- Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
- Force Majeure. Neither International Lubricants, Inc. nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
- Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) You are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein; (ii) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 3; (iii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iv) You have read, understood, agree with, and will abide by the terms of this agreement; (v) You are not, and have not been an agent of International Lubricants, Inc. and were not and are not acting on behalf of, or as a representative of, International Lubricants, Inc. or any other party in connection with the User Submission; (vi) the User Submission and International Lubricants, Inc. use thereof as contemplated by this Agreement and the International Lubricants, Inc. website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; (vii) You are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (viii) You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (ix) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm International Lubricants, Inc. or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
- DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER INTERNATIONAL LUBRICANTS, INC., NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER INTERNATIONAL LUBRICANTS, INC., NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
- LIMITATIONS OF LIABILITY. International Lubricants, Inc. does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL INTERNATIONAL LUBRICANTS, INC., OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT INTERNATIONAL LUBRICANTS, INC. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE. IN NO EVENT SHALL INTERNATIONAL LUBRICANTS, INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS ($25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEB SITE.
- Indemnity. You agree to defend, indemnify and hold International Lubricants, Inc. and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Web Site or the Internet or your placement or transmission of any message or information on this Web Site by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to International Lubricants, Inc.; or (vi) any other party’s access and use of the Web Site with your unique username, password or other appropriate security code.
- Release. In the event that you have a dispute with one or more other users of the Web Site, you release International Lubricants, Inc. (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Web Site in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
- General. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of Washington and state and federal courts located in Seattle, Washington. You consent to the exclusive jurisdiction of the state and federal courts located in Seattle, Washington. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms of service and all incorporated agreements may be automatically assigned by International Lubricants, Inc. in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. 11 (Access and Interference), 12 (License), 13 (Release), 15 (Liability Limit), and 16 (Indemnity) shall survive any termination or expiration of this Agreement.
- Entire Agreement. These terms and conditions are the entire agreement between the user and International Lubricants, Inc. and supersedes any prior understandings or agreements (written or oral).
- Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at firstname.lastname@example.org or by phone at 206-762-5343.
- Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2009, International Lubricants, Inc. ALL RIGHTS RESERVED.